STANDARD TERMS IN THE SALE AND SUPPLY OF GOODS PROFESSIONAL ENGLISH IN USE FOR LAW

 

PROFESSIONAL ENGLISH IN USE FOR LAW 37. STANDARD TERMS IN THE SALE AND SUPPLY OF GOODS

 

A Using standard terms Alice Glenn, a solicitor, has been invited by the local Chamber of Commerce to give a talk to a group of young entrepreneurs on using standard terms in business transactions. The standard terms of any company will always be subject to legal restrictions, either statutory or common law. The terms must be regularly reviewed to ensure that they don’t conflict with new legal developments and that they continue to reflect the aims of the company.’ B Incorporating terms ‘Because it’s a basic principle of contract law that new terms cannot be introduced after a binding contract has been made, the proposed standard terms must be incorporated into the offer. For a seller then, it will be essential to ensure that an offer to buy is on the seller’s terms, for example on a standard order form which incorporates the seller’s standard terms and conditions. The offer from the buyer can then be confidently accepted by the seller without the need for further qualification. However, an apparent ‘acceptance’ which is stated to be ‘on the following terms’ could actually constitute a counter offer and lead to an unwelcome battle of the forms, which both parties seek to impose their own standard terms.   EXERCISES 37.1 Make word combinations using a word or phrase from each box. Then use appropriate word combinations to complete the sentences below. Look at A opposite to help you. 1. The following provisions set out the entire financial liability of XYZ Ltd _________________________________________________. 2. Customers are invited to purchase goods on applicable order form or otherwise in writing to ______________________ to make an offer. 37.2 Complete the notes taken by a member of the audience at Alice Glenn’s talk. Look at B opposite to help you. The use of Standard Terms 1. Each order or _____________ of a quotation for goods by the buyer from a company shall be deemed to be an offer by the buyer subject to the conditions. 2. Implied into all contracts for the sale of goods is the following term, that the seller has the right to sell the goods and that they are free from  _____________ or charges.

ANSWER KEY