The Dos and Don’ts of Sales Contracting
Sales contracting is a crucial element of business that directly impacts the success of any business deal. The purpose of sales contracting is to create a legally binding agreement that outlines the terms and conditions of a sale between a company and its customer. The sales contract is critical as it establishes the guidelines for all parties involved and ensures that both parties are aware of their responsibilities, rights, and expectations. Therefore, it is paramount that all businesses understand the dos and don’ts of sales contracting to avoid any legal disputes that may arise in the future.
Do: Perform due diligence
Before entering into a sales contract, businesses must perform due diligence on all the parties involved. It is essential to evaluate the credibility of the other party before making any commitments. Due diligence involves researching potential partners, reviewing their background and reputation, and ensuring they have a positive track record.
Do: Specify the terms and conditions
The sales contract should specify the terms and conditions of the sale clearly. This includes outlining the delivery, payment, warranties, and other critical aspects of the transaction that both parties must abide by. It is crucial to ensure that the contract is clear and concise so that there is no room for misinterpretation.
Do: Include a dispute resolution clause
A dispute resolution clause is a critical element that should be included in any sales contract. It outlines how any disputes will be resolved between the parties involved. This clause should detail the steps that will be taken, such as mediation, arbitration, or litigation, to resolve the dispute.
Do: Prepare for unexpected situations
Sales contracts must be prepared for any unexpected situations that may arise, such as breaches of contract or defaults. It is necessary to include provisions and remedies to handle adverse situations so that the business can mitigate risk.
Don’t: Leave any terms or details out
The sales contract should include every term and detail that is relevant to the transaction. Leaving any information out can lead to confusion, misunderstandings and create opportunities for disputes. Therefore, it is crucial to ensure that everything is included in the contract, leaving no room for ambiguity.
Don’t: Rush into signing the contract
Businesses should not rush into signing a sales contract. It is crucial to review the terms and conditions carefully before agreeing to any contract. This includes verifying all the necessary details such as dates, amounts, payment terms, and warranties. Additionally, businesses should seek legal advice to ensure that the contract is legally binding and that there are no loopholes that could lead to potential issues.
Don’t: Rely solely on templates
It may be tempting to rely on pre-made sales contract templates to save time. However, these templates often do not address all the essential details, specific to your business and potential deal, that may apply to the transaction. It is best to avoid using templates and create customized sales contracts that are tailored to the unique needs of the business.
Don’t: Agree to unreasonable terms
Sales contracts that have unfair, unreasonable or one-sided terms can have devastating consequences for the business in the long run. It is essential to be wary of such terms and ensure that they are entirely fair and reasonable. If terms are not agreeable, it is best to negotiate or walk away from the deal altogether.
Don’t: Ignore changes to the contract
Things may change throughout the course of a transaction, making it crucial to track any changes to the sales contract. Any amendments that either party makes to the contract should be documented in writing and agreed upon by all parties involved.
Frequently Asked Questions
Q. Is it necessary to have a lawyer review the sales contract before signing it?
A. Yes, it is highly recommended that businesses seek legal advice before signing any sales contract. Legal help can help identify any issues and ensure that the contract is in the best interests of both parties.
Q. How long should a sales contract be?
A. A sales contract should be long enough to cover all the necessary details. There is no set length, and it should contain every essential aspect of the sale.
Q. Can a sales contract be broken if one party fails to meet the obligations outlined in the contract?
A. Yes, a sales contract can be broken if one party fails to meet their obligations. However, it is vital to review any dispute resolution clauses to ensure that the breach of contract is handled appropriately.
Q. Can a sales contract be altered after it has been signed by both parties?
A. Yes, a sales contract can be altered after it has been signed by both parties, but it requires the agreement of all parties involved. Any changes must be documented in writing and agreed upon.
Q. Do verbal agreements count as sales contracts?
A. Verbal agreements may be considered binding in some circumstances, but it is always recommended to have a written agreement in place to avoid any misunderstandings.