0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

terms and conditions available on request

9 February 2011

Is a phrase like this sufficient to incorporate your terms and conditions into a contract? Quite possibly – according to the Court of Appeal in Rooney & Anor v CSE Bournemouth Ltd 2010.

The case concerned maintenance being carried out on aircraft owned by the claimants. Before carrying out work the defendants would produce a “Work Order” incorporating the words “terms and conditions available on request” at the bottom of the page and would not start work until these terms had been signed.

It is important to note that this was an appeal where the initial order was for a strike out of the defendant’s action. It does not mean that a court would find similarly in every case where a phrase such as this is used, (you might not want to use it as your only limit on liability for instance) but it suggests that you can’t ignore throw away comments such as this, on the assumption that any terms have not been properly incorporated. It is a reminder (if any were needed) that you don’t have to have read terms and conditions to be bound by them.

related opinions

IR35 changes - six months and counting...

In his 2018 Autumn Budget, the then Chancellor, Phillip Hammond, announced a significant change to the way liability for IR35 breaches will be dealt with for private sector companies from April 2020.

View blog

Supreme Court backs employers seeking to enforce restrictive covenants: Tillman v Egon Zehnder Ltd

The Supreme Court in Tillman v Egon Zehnder Ltd has determined that where post-termination restrictive covenants (i.e. “non-compete” clauses) in employment contracts go further than reasonably necessary to protect an employer’s business interests, it can apply the ‘blue pencil test,’ severing the offending words and leaving the remaining enforceable clause in place.

View blog

Discount rate remains negative

The much anticipated revision of the discount rate has arrived with the Lord Chancellor, David Gauke, announcing that it will be fixed at -0.25%.

View blog

Cyber risks – are businesses really ready?

The Hiscox Cyber Readiness report, a review of 3300 organisations, will be a stark warning for CEO’s of SME’s in the UK and in Europe.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up