In a recent English case the court emphasised how important it is to “read the small print”.

A quote for the supply of goods was faxed from Germany to a purchaser in England. The quote said that it was subject to the Germany Company’s standard terms and conditions. The English purchaser accepted the quote, but did not check the terms and conditions. The goods were supplied but were defective. The purchaser sued the supplier in the English Courts. However, the standard terms and conditions provided that the case could only be raised in the German courts. The English court refused to hear the case. The English company was then faced with bringing their case in Germany before the German courts with all the problems of an unfamiliar legal system, conducted in a foreign language, many hundreds of miles away.

The moral of the story – read contractual documents carefully. If they refer to other documents (separate terms and conditions) read them too – and always read the small print!

For further information please contact David Calder on 0131 226 8215
david.calder@mbmcommercial.co.uk