Clause for Concern
A heads-up on tricky contract clauses
Contracts are full of hidden pitfalls, and sometimes, the smallest clause can have the biggest impact. Clause for Concern is where we break down those tricky, often-overlooked contract terms that could trip you up. Whether it’s a clause that silently shifts liability, a “prevail” clause that pushes your terms to the bottom of the pile, or restrictions that could land you in hot water, we’ll give you the insights you need to stay ahead.
Check back regularly for bite-sized contract wisdom—because knowing what to look out for can make all the difference.
Beware the “prevail” clause
The “prevail” clause, is a clause which sets out the order of precedence of the “contract” documents if there is conflict between those documents.
For suppliers it’s important to understand this pecking order is important. In an ideal world a contract would consist of one document signed by both parties. Unfortunately that does not always happen. For many reasons, many contracts often comprise a number of documents and particularly where the customer’s documents may form part of the contract, its important to make sure that this does not contain anything that over-rides your terms.
Check back regularly for bite-sized contract wisdom—because knowing what to look out for can make all the difference.
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