Terms and Conditions of Sales: Today a Lawyers Dream!
July 5, 2016
The world is changing and the terms and conditions of sales have kept pace. The definition of terms and conditions via Wikipedia:
Terms and Conditions agreements are defined as rules that one must agree to abide by in order to use a service.
There are several names for this kind of agreement, and all refer to the same agreement, to which users must agree to in order to use and access that website, mobile app, etc:
• terms and conditions
• terms of use
• terms of service
In the past, the use of terms and conditions in our industry was maybe 5 to 7 line items. However, today you can find the following as good example, especially if you have any type of software incorporated into your product.
Terms and Conditions:
PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY
THE TERMS AND CONDITIONS OF PRODUCT SALES AND SERVICE PROJECTS ARE LIMITED TO THOSE CONTAINED HEREIN.
Governing Law
Title; Risk of Loss
Services
Cooperation
Access
Payment
Export Sales
Warranties
Pricing Information; Availability Disclaimer
Credits
Limitation of Liability
Limited License
Confidential Information
Return Privileges
Termination
Provisions Related to Custom Imaging
Arbitration
Miscellaneous
While trying to explain some of these items to a new end user, I had to go back and conduct additional research. I understand the principle, but it seems we had increased the need for professional help from our attorneys.
Bottom line: the lawyers are happy, but if you ever get involved in a battle with the ultimate end users concerning terms and conditions, it seems that the end users lose. This places relationships among manufacturers / distribution / end users in question. Who really wins in the long run?
Paul Eitmant is President and CEO of IP Group International, which serves the needs of business-to-business enterprises in over 30 countries worldwide by adding specialized expertise to the business planning and implementation process; Tel: 480.488.5646; paulipgroup@cox.net.
Read more from Paul Eitmant in CEW:
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– Customer Service: A Key to Success
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– The Good Old Boys Club “Changing of the Guard”
– Who’s Next Within North America’s Electrical Distributor Channel?
– Generation Y – Next Generation – Never to old to Learn!
– LEDs: the Fastest Growing Product/Market for 2015
