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Guide to which document to use on Supply, Distribution and Marketing of Goods and Products. A simple summary table on the difference between the documents and clauses to look out for.
Standard terms and conditions for the sale or purchase of goods provide a framework for individual sale and purchase transactions. These are usually Terms and Conditions of Sales but occasionally Buyers may also have their Terms and Conditions of Purchase. The Terms and Conditions stipulate how the transactions will be dealt with, without the time and cost involved in drawing up conditions for each transaction. By entering into the transaction, the counterparty is deemed to have accepted these Terms and Conditions without signing them (so long as these “Terms and Conditions” have been provided to the counterparty upfront).
In the case where a separate Sale Agreement is signed and there is a conflict, the Agreement should stipulate that “the provisions of this Agreement shall prevail if there is any conflict between this Agreement and the Company's terms of sale”. Similarly, if both parties have terms and conditions which are in conflict, one could include the following: “Any terms appearing on the [Buyer/Seller]'s [purchase/sale] orders, or any other documents issued by the [Buyer/Seller], shall be wholly inapplicable to the sale of Products, and the terms of this Agreement shall prevail.”
In certain jurisdictions, it is illegal to include consumer transaction exclusion clauses or to make statements as to the consumer's rights without also notifying him that his statutory rights are unaffected. This not only renders these clauses void but may also be a criminal offence. Please check with local legal counsel on this issue.