The Commercial Engineer's Desktop Guide

The terms of a contract

Terms and conditions

Definition

The phrase terms and conditions is commonly used but it is in some ways unhelpful. Some use it as a heading for the list of contractual or legalistic bits of a contract as though they are distinct from the interesting bits (for example, price and specification). This is nonsense. It is a condition of the contract that the specification is met. So, it is wrong to think of the contract as somehow having terms and conditions that are unrelated to the rest. Sometimes terms and conditions are abbreviated to just the terms or just the conditions . Sometimes terms means only those bits that have a time element such as a payment credit period. Contracts also contain undertakings . Are these different from terms and conditions? The text will shortly show that the word conditions does have a particular meaning. What is needed is just one word that will do as a generic heading for that list of the requirements, benefits and obligations of the parties to the contract that constitutes the entire contract. The word terms will be used for this all-embracing purpose. Thus the terms of the contract embrace all the technical bits as well as the commercial aspects. As will be seen shortly, it is convenient from a practical point of view to consider the contract as constructed from these different elements, but this should not detract from the holistic view there is but the one contract, which should...

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