If you sell ANYTHING, be it physical products, digital products, or services, you’re likely going to need agreements in place with your customers/clients at some point (if not already!). Below is example language for Terms of Sale for physical products (non-consumable) and a link to the key terms for service providers to consider in their Service Agreements!
Disclaimer: Start Up Heart Up, LLC is not a law firm or a substitute for an attorney. We cannot provide any kind of advice, opinion, or recommendation about possible legal rights, remedies, defenses, selection of forms, or strategies. This publication is designed for general information purposes and does not constitute legal advice. See your attorney about your specific situation.
Example Terms & Conditions for RETAIL or Wholesale of Physical Products (Non-Consumable):
General Terms & Conditions of Sale of Physical Goods
"Buyer" shall mean _______________(customer business name)
"Seller" shall mean [________]
1. Terms. All of Buyer’s orders of physical or digital goods (“Goods”) with Start Up Heart Up LLC are subject to these General Terms and Conditions and also the following: any invoices, order acknowledgments, and other documents issued by Seller in connection with the order or sale (collectively, this "Agreement"). Buyer’s acceptance of any Goods from Seller constitutes Buyer’s acceptance of this Agreement. No conflicting, varying or additional terms or conditions which may appear in any prior or subsequent purchase order or any other Buyer documents are of any force or effect, and Seller hereby expressly rejects and objects to the same, this Agreement being the complete agreement of the parties.
2. Insurance and Risk of Loss; Inspection. Buyer acknowledges and agrees that it bears the risk of loss, theft, destruction of, damage and all other casualties to the Goods from any cause whatsoever ("Losses"), from and after tender of delivery of the Goods to Buyer or the carrier. At the time of delivery, Buyer shall inspect all Goods. Buyer's failure to reject Goods in writing (delivered to [EMAIL]) at the time of delivery shall be conclusive evidence that Buyer has accepted the Goods. Buyer may only reject Goods if they are not the Goods ordered by Buyer.
3. Returns. Seller will accept returns and exchanges if requested in writing within fourteen (14) days of delivery and shipped back within thirty (30) days of delivery. Notwithstanding, the following items can't be returned or exchanged unless they arrive damaged or defective: (a) Custom or personalized orders, (b) Perishable products, (c) Digital downloads, (d) Intimate items (for health/hygiene reasons). Buyer is responsible for all return shipping costs, and if the item is not returned in its original condition, the Buyer is responsible for any loss in value.
4. Disclaimer of Warranties. All Goods and services are sold by Seller "AS IS, AND WITH ALL FAULTS." SELLER MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, CONDITION, PATENT, INFRINGEMENT, TITLE OR OTHERWISE, AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES. Seller shall not be liable to Buyer nor shall Buyer have any remedy against Seller for any loss, damage or expense of any kind, including but not limited to, liability for consequential, special, incidental or punitive damages or loss of profits, lost data, or for damages based upon strict or absolute liability in tort, damages in contract or by statute, caused directly or indirectly by any Goods purchased from Seller.
5. Force Majeure: Seller’s obligations under this Agreement will be excused and Seller shall not be penalized if and to the extent that any delay or failure to perform such obligations is due to acts of God, war, insurrection, emergencies, fire or other casualty, strikes or labor disputes, unavailability of raw material, pandemic, or other causes beyond the reasonable control of Seller (“Force Majeure”). In the event of any Force Majeure, Seller shall have the sole right to immediately terminate this Agreement upon written notice to Buyer.
1:1 Service Agreements
Service agreements with clients should be custom to reflect the unique relationship and goals of the arrangement. Click HERE to learn more about the most important terms in service agreements for small business owners.