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Empower your staff - protect your business

Napthens - December 11th 2017

Do your sales team and other customer and supplier-facing staff understand the importance of ensuring that you trade on your terms and conditions?  Do they know how to avoid accepting (albeit inadvertently) a customer or supplier’s terms and conditions? Could they explain to a customer or supplier what a specific provision in your terms and conditions does and means?

If the answer to any of the above questions is “no” perhaps it's time to train and educate your staff (and get a good night’s sleep knowing that your staff understand the ramifications of committing your business to an unfavourable contract).

We often spend hours with our clients, drafting, amending, and updating their terms and conditions to make sure they reflect how their business operates, what the business agrees to do (and not do), what it expects of its customers or suppliers and the levels of risk that it agrees to assume.  However, this is not time (and money) well spent if those terms and conditions are left in a disused folder and never supplied to the customer or otherwise properly incorporated into the contract between the two parties.

Even more concerning are tales of sales teams accepting orders from customers with the customer’s terms and conditions attached and therefore committing the business to the obligations (and lack of protection) contained in their terms and conditions.  In one situation, one particularly sheepish member of a sales team agreed that the laws of Arkansas would apply to the contract and that all contractual disputes would be dealt with in the courts of the Western District of Arkansas – needless to say, difficulties arose when the business needed to issue proceedings for non payment of invoices!

Let us train your staff in good contract sense

We can work with you to design a training session tailored to your business, pitched at the right level for your staff to inform and educate them on relevant and important contract issues such as:

  • When and how a contract is formed
  • The key terms in any commercial contract (focussing on areas of particular risk)
  • The key terms in your business’s terms and conditions
  • What to do if a customer or supplier wishes to impose their terms and conditions
  • Understanding contract jargon

Please feel free to contact Phil Brown or Claire Hynes to arrange your staff training.