Have you checked your Boilerplate clauses? Don't end up in hot water!
Simon Ward
Enjoying the law after 30 years of enduring it. Solicitor Advocate. Corporate Lawyer. Mediator. Preacher. Husband. Father. Grandfather. Runner. Beekeeper. Recovering procrastinator. Spam me at your peril...
‘Boilerplate clauses’ are those that usually feature towards the end of a contract. They are legal-sounding, sometimes difficult to understand and may appear to have little relevance to the outcome you’re looking to achieve. They cover the boring stuff.
Poorly-drafted boilerplate clauses can result in disputes down the line. Sometimes costly and damaging ones. That’s why you need to review them carefully.
Why are they called ‘boilerplate clauses’?
The term ‘boilerplate’ has an interesting etymology – to some, at least! Originally, it referred to the rolled high-quality sheet steel used in the manufacture of boilers. In the late 1800s the term began to be applied to the steel printing plates on which reusable text – such as for advertisements or syndicated columns – were embossed. Some companies even sent out press releases as boilerplates because they had to be printed as written and without changes. Over time, the term came to describe text or other material of a standard or routine nature.
The danger with anything standard or routine is that it is regarded as unimportant and ignored. None more so than boilerplate clauses in commercial contracts!
The full article is available here.