Many businesses include a note at the bottom of quotes or proposals stating: “This quote is subject to our terms and conditions on our website.” While convenient, this practice can be risky.
In the NSW Court of Appeal case Medical Device Technologies v HAC [2024] NSWCA 142, the Court confirmed that contractual terms must be communicated before or at the time the contract is formed to be enforceable. Terms posted on a website or linked in a quote after acceptance may not bind the customer.
For tradies, contractors, and service providers, this means that key protections—such as liability limits, payment terms, or indemnities—could fail if a dispute arises.
Best practice: Include your terms and conditions in the quote or proposal, attach them as a document, or obtain explicit acknowledgment from the customer. Don’t rely solely on a website link.