GENERAL TERMS AND CONDITIONS
OF SALES AND SUPPLY
General Terms and Conditions of sales and supply are useful to standardize the crucial points of the relationship between a company and its future customers or suppliers.
General Conditions therefore facilitate the company and make it more efficient in the phase of the conclusion of contracts with its suppliers and customers.
It is natural that General Conditions should be generic enough to create a legal framework that leaves room for the content of the more detailed clauses stipulated from time to time with the more specific contracts.
For obvious reasons, moreover, General Conditions must be drawn up differently depending on whether they serve to regulate the category of relationships with suppliers or that of relationships with customers, since the company will have different needs if it plays the role of customer or that of seller/supplier. Consequently, there is no single template of General Conditions of Sale that can be used for each company, but the text must be drawn up on a case-by-case basis.
More generally, the General Conditions appear to be useful for a company to position itself with greater weight in its commercial sector, both in view of the concrete advantage of standardized clauses in its favor, both in view of the resulting image advantage due to the strong contractual position.
General Conditions should usually contain the following elements:
- Description of goods sold or services supplied
- Procedure for submitting the purchase order
- Terms of payment
- Shipping and transfer of risk
- Warranty on product defects
- Liability, compensation and force majeure
- Any trade marks or patents on products
- Applicable law and competent jurisdiction
To produce legal effects, General Conditions must be produced to the contractual counterpart before the conclusion of the contract, or must be recalled from the specific terms of the contract and published on a special page of the company’s website.
General Conditions must be constantly updated taking into account the evolution of the needs of the company.