Many businesses use standard terms which have been drafted in advance by legal advisors. Typically these terms are contained in the form of small print on the rear of a sale or service contract . The consumer invariably does not take the time to read these terms when he/she signs the contract, supposedly becoming bound by all the terms on the back of the invoice.

If you conduct business with consumers by using standard written contract terms - are your terms in plain and intelligible language? Do your contracts contain terms such as -

" We shall not be contractually or otherwise legally responsible for any death or personal injury, howsoever caused."

"No guarantee is given to the age, make, date of manufacture or mileage of any vehicle, these are sold strictly as seen and approved. Any age, make, date of manufacture or mileage quoted, is given without prejudice to the Seller."

"No refunds will be given under any circumstances."

"This contract is subject exclusively to the Law of Scotland"

Since the passing of the Unfair Terms in Consumer Contract Regulations 1999, any standard written contract term which, contrary to the requirement of good faith, creates a significant imbalance in the parties rights and obligations under the contract to the detriment of the consumer, will NOT be binding on the consumer.

This law aims to ensure that consumers are not seriously disadvantaged by contract terms which seem heavily weighted against their interests, without there being any opportunity to negotiate.

This law creates a situation where many of the contract terms which traders try to rely upon may in fact have no legal effect whatsoever!

The Office of Fair Trading, in conjunction with Trading Standards across the country, are under a duty to consider complaints made about unfair contract terms. If the term is deemed unfair, the trader is asked to remove or amend the term in order to comply with the law. If necessary, the business can be taken to court in order to have the term removed.

South Ayrshire's Trading Standards can provide you with free assistance to check the fairness of your contract terms. Contact us and we will work with you and advise on whether your terms are likely to comply with the law. We can also help by suggesting amendments which will make your contracts legally acceptable.

Avoid being caught out in the future - get in touch and get your contract terms checked now!