Setting Business Terms and Condition

When you are going to start a business to sell goods or to provide services, you must need a comprehensive terms and condition document to deal with your customers. These set of terms are also known as trade terms. Business terms and conditions document is a contract between you and your customer. The document protects your rights, limits your liabilities and provides you with some security when you sell goods or provide a service. The terms document affirms the legal rights of the parties, so that either can sue the other in court for a breach of these terms. Most of businesses have been involved in litigation due to use of verbal or informal agreements. You will hope of course, that by setting out your terms precisely, you will never be in dispute!

Purpose of terms and conditions

Their purpose is:

• To set out what you have agreed;
• To dines the rights of each parties;
• To limit the your liability;
• To define trade procedure etc

What must be included in the terms and condition?

You must include:

Subject matter of contract

You must describe what you are going to sell. You must provide the detail of business in a detailed manner. You can refer your customer to such a document that describes the details of your business.

Price

You must provide the information about the price and variation in the price. The price is variable and can be from time to time. So therefore, you must let the customer about this fact. You can ask the customer to check the price list time to time.

Modes of payment

You must describe the acceptable modes of payment. It will help the customer to know that whether you will accept the payment through check or bank transfer, etc.

Cost of delivery

You must provide the information about the charges of delivery. You can also describe whether the price of the goods includes the delivery charges or not. This will provide the clear picture to the customer about the price and delivery charges.

Cancellation of the order

You must provide the time period how long the offer will remain valid if the customer did pay in time. You must provide the time period under which customer can terminate the order. You must provide the information, whether the customer can terminate the order after the delivery of the goods.

Limitation of liability

You must provide the limit of your liability. You are no longer liable for the force majeure acts. You must provide the limit of your liability when the goods are declared defective? You must also provide the time period for making the claims.

Dispute resolution

You must incorporate the dispute resolution paragraph. This paragraph will enable the both parties to settle their disputes through arbitration.

Jurisdiction

This will help the customer to know under which law this agreement will be governed. In Australia, each state has its own laws. You must include that this agreement shall be interpreted in accordance with laws of Australia and state.

Where to buy terms and conditions?

Net Lawman offers easy to edit and written in plain English terms and conditions.

• Terms and conditions sale of goods to business or consumers: short form
• Export contract: terms and conditions for sale of goods abroad
• Garage repair company / mechanic's terms and conditions
• Caravan park booking terms and conditions

Conclusion

A well drafted and comprehensive written terms and condition will not only avoid legal disputes but also promote the business.

About Net Lawman

Net Lawman provides best quality online legal documents, legal contracts and legal agreements for use in Australia. Net Lawman is the premier source to buy online legal documents in Australia. Mature your legal agreements and legal contracts without any extra help. Our legal templates are self explanatory, written in plain English and easy to use. Just download from our website and use them according to your needs. We have dedicated and free legal information section and reference for all Australian Acts of parliament.

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Will and Testament

What is Will?

A will is a legal written and signed statement of the testator. A Will depicts the intentions of testator about the division of the property and assets. Will only takes effect after the death of the testator. The law allows that a minor can make a Will in contemplation of the marriage but it must be processed through the court. A Will must be witnessed by two independent witnesses.

Rules of intestacy

There are two ways under which the property and assets of the deceased can be distributed. Such as:

• By application of the law

• By application of the deceased wishes (Will)

If you died without making a Will then the law of the land will apply and your assets will be divided in accordance with spirit of the law. If you make a Will; your intention will be prevail over the spirit of the law of intestacy. You can give your property to anyone to whom you like most. You can decide the share of you children in your Will. Your Will can minimize the legal disputes between your off springs. Your Will can unite your family after your death.

A will provides the opportunity to the testator to decide the fate of the property and assets. A will stops the rules of intestacy.

Importance of a Will

A will is important that your property will be distributed in accordance with your wishes. A Will give you the chance to decide who will inherent what and who will get nothing. You must keep your Will at the safe place.

Who should be your executor?

Your executor must know about his legal duties and must be manage the affairs of your estate. Acting as executor can be demanding, requiring an understanding of complex legal, financial, accounting and taxation matters. The executor must be of sound mind. The responsibility of the executor includes:

• Locating the Will

• Providing the Will in court;

• Discharging debts; distributing and transferring the assets in accordance with your Will.

• If you choose an executor who is less than able, or who dies before you, this may unduly complicate the administration of your estate.

Changes in a Will

You should change the Will after change in your personal circumstances. You can change your will at any time and law does not impose any limitation on this. It is advisable that you must update the Will after divorce, marriage or if you are living in a defected relationship. If your personal circumstances change e.g. you become married or divorced, have children, travel or acquire new assets, you are advised to make changes to your Will. If you get married, the existing Wills of both parties are automatically revoked, unless made in contemplation of marriage.

Affect of marriage or divorce on Will

It is important to note that your Will is revoked or cancelled if you get married, unless it is made in contemplation of marriage. Divorce does not revoke a Will, but it cancels any provision in favor of the former spouse.

Who can contest the Will?

The following persons can contest the Will. Such as:

• Your spouse,

• Your child ( under the age of 18); or

• Any person financially dependent on you i.e your parents.

Types of Wills

Net Lawman provides the following types of Wills. Such as:

Standard will: all to spouse for life, residue to others

You stay in control of who to give to, whole of estate to spouse or partner for life, after death, split between other relatives and charities. Spouse can have capital too, if needed. Suitable for: person with or without children who may or may not have re-married, but wants spouse to have life interest only.

Standard will: all to spouse for life, gift over to children

Gifts to anyone, as required, all to spouse for life, Inc power to spend capital, gift over to children absolutely. Wide trust powers, Suitable for: person with wealthy children who do not need large amount of cash on your death and for whom the ""gift over"" on death of tenant for life is not important.

Standard will: all to one person

Simple will - all to one person. If that gift fails, then to another person or charity, Suitable for: single person with no relatives.

Will - Widow or widower among children

Gifts to anyone, as required, no formal trust but includes trust provisions suitable for under 18 beneficiaries in any relationship category. Suitable for: widow, widower or divorced person who has children but no ""life partner"".

Editors’ notes:

For more information please visit www.netlawman.com.au or contact Rashid Ramay on support@netlawman.co.uk

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Will and Last Testament - Will and Testament - Will Forms - Australian Legal Will