Don't DIY: Part 4 Offer some warranties
Don’t DIY. Bring it to us instead.
We are a law firm that has outlasted most others. Practical, personable and a little bit quirky.
Part 1: Be practical
Part 2: Sort out your processes
Part 3: How to assess a suitable liability cap
Part 4: Offer some warranties
To impress your buyer, be good at what you do, and offer some warranties saying that you will do it well.
There is a frequently encountered boilerplate clause that offers the following non-commitment:
No warranties except those explicitly given in the contract;
All terms implied by law or otherwise (including warranties) that may be excluded are excluded.
On further examining the contract, we find that ZERO warranties are explicitly given. The buyer will need to check which warranties are a) implied and b) not capable of being excluded. What a faff.
As a buyer, what would you think of a provider who will not give any warranties on their goods or services unless compelled by law to do so? I would not want to buy from them.
Ergo:
Sellers: Come to us. We will help you find the right balance of risk and reward. To impress your buyer, be good at what you do, and warrant it!
Buyers: Come to us. We will add a balanced set of warranties so that you get what you are paying for.
If you're interested in hearing more practical tips, join our 'Don’t DIY! Contract hazards that come back to bite!' seminar on Tuesday 24 September.
Drop me a line today to set up a call at sharon.zachariah@laytons.com – Partner: Commercial, Technology, Data Protection, IP. Getting to know each other and chatting is free. Advice is not (it’s what we sell).