Standard Form Contracts & Terms of Trade

Making effective everyday business contracts will reduce the risk of disputes and bad debtors and improve the value of your business.

We guarantee that our Standard Form Contract Solution will pay for itself the very next time you have a customer that delays or refuses to pay an Invoice.

If you supply a trade or service on credit, having an effective solution for making everyday contracts is SIMPLY A MUST. But you already know this. It’s why banks and large companies always have comprehensive standard form contracts and why the form of contract is the first thing that any Lawyer or Debt Collector asks for.

The express terms of a contract make a huge difference when it comes to resolving disputes and dealing with bad debtors

Overview of our Standard Form Contract Solution

Our Standard Form Contract Solution is a low cost and easy-to-use system and package of legal documents designed to help you make effective everyday business contracts incorporating your unique Terms & Conditions of Service. Our Standard Form Contract Solution comes complete with a simple to follow User Guide that explains when and how to use each of the documents in your package.

Why use our Standard Form Contract Solution

  • We make it easy for you and your staff to apply best practice credit control procedures in your business.
  • You will reduce the risk of disputes and bad debts.
  • Strengthen your position to recover unpaid invoices.
  • Confidently serve valid Payment Claims under the Security of Payment Laws.
  • Improve the value of your business.

What's Included in our Standard Form Contract Solution

Our Standard Form Contract Solution is customised to suit every business.  For most businesses they include:

  • Customised Terms & Conditions of Trade,
  • Quotation/Proposal Template & Purchase Order Form,
  • Credit Application,
  • Contract Variation Form,
  • Personal Guarantee & Indemnity, and
  • Final Notice – Overdue Account Letter Template.

Features and Benefits

You will strengthen your Contract Rights

  • Avoid and manage common disputes regarding scope of works, variations, price/rates, defects and rights to suspend and terminate contracts.
  • Know when you can validly suspend and terminate a contract.
  • Limit liability and disputes in relation to warranties, implied terms and misrepresentations.
  • Be able to obtain personal guarantees and security of payment.
  • Recover legal and collection costs where enforcement is necessary.

You will have essential Credit Management tools

  • Built in links to help you verify a client;s Company Name, ACN, Business Name and ABN when preparing a Quotation or Contract Variation.
  • Obtain consents required to order Credit Reports before accepting an Order.
  • Be able to obtain Personal Guaranteed when appropriate.
  • Obtain security for payment over real and personal property.
  • Proven Final Notice – Overdue Account Letter Template.
  • Recover interest at a commercial rate on late payments.
  • Legally charge overdue account default fees.

Improved Industry Compliance

  • Confidently serve valid Payment Claims under the Building and Construction Industry Security of Payment Act.
  • Obtain registrable Security Interests under the Personal Property Securities Act.
  • Obtain Privacy Act consents for credit assessment and debt collection.

They are easy to use

  • Look professional in the eyes of potential new clients.
  • Simple to follow User Guide will assist you and your staff to maximise the benefit of your Standard Form Contract Solution.
  • Documents contain instructions in “hidden text”(in red font) for completing without effecting the enforceability of your Terms and Conditions of Trade.

Additional Benefits

  • Make contracts that are assignable to prospective buyers
  • Increase the value of your business to prospective buyers by reducing the number of bad debts and increasing profitability and cash flow.

Documentation Overview & Samples

Quotation Templates

The Quotation Template is provided in Word format so that you can prepare individual Quotes for Customers.

The Quotation Template also contains:

  • hidden text (red font) that provides specific instructions on how to prepare Quotations without affecting the enforceability of the Terms & Conditions of Trade, and
  • built in links to help you verify a client’s Company Name, ACN, Business Name and ABN when preparing a Quotation.

How to view hidden instructions

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Order & Order Acceptance Forms

The Order & Order Acceptance Form forms part of the Quotation Templates.

Clause 1 of the Terms & Conditions of Trade clarifies that a Contract (or Agreement) will arise upon an Order being accepted by an Order Acceptance.

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Credit Application

The obtaining of a signed Credit Application will ensure that:

  • your Customer has acknowledged prior disclosure and acceptance of the Terms & Conditions of Trade, and
  • the Terms & Conditions of Trade will be incorporated into Contracts that you make with the Customer in future.
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Terms & Conditions of Trade

This is the single most important document in the package. The primary purpose of the Quotation, Order form and Credit Application is to ensure the effective incorporation of the these terms and conditions into the contract with the Customer.

We will prepare customised terms dealing with your industry and business specific risks and problems you have experienced in the past. Our Terms & Conditions of Trade will also include the following clauses and more:

  • Progress Claims – confidently issue valid Payment Claims under the Building & Construction Industry Security of Payment Act, where applicable.
  • Personal Guarantees – protect yourself from insolvent Customers.
  • Real Property Security – obtain security for payment over land owned by the Customer and Guarantor.
  • Personal Property Security – obtain and enforce security over personal property under the new Personal Property Securities Act.
  • Collection Costs & Interest – don’t be left out of pocket the next time you need to engage a debt collector or take enforcement action.
  • Default, Termination & Suspension – be certain when you are entitled to suspend or terminate a contract.
  • Defects Liability Period & Limitation of Liability – limit your liability to the extent permissible at law.
  • Dispute Resolution – avoid costs associated with litigation, where possible.

Depending on the nature of your business our Terms & Conditions of Trade are typically 2-3 pages long. We will also deliver a long form version of the Terms & Conditions of Trade to make available to Customers who find it difficult reading fine print.

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Contract Variation Forms

The Contract Variation Form is provided in both Microsoft Word and PDF formats and also contains hidden instructions and built in links.

A Contract Variation Form should be prepared and submitted to the Customer whenever there is a variation to the original Contract

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Personal Guarantee & Indemnity

The Personal Guarantee & Indemnity should be used if a personal guarantee:

  • is required from someone other than the person submitting an Order (e.g, another Company Director, Business Partner or the spouse of a sole trader), or
  • is not initially obtained and is later required due to a Customer requesting a Variation or an extension of time to pay.
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Final Notice – Overdue Account Letter

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Cost

Our fixed fee for the preparation of our Standard Form Contract Solution is only $2,750.00 (GST inclusive)

A $275.00 deposit is payable on submitting you Order. The balance is due 14 days after delivery.

Satisfaction Guarantee

If you are not totally satisfies that our Standard Form Contract Solution adequately address all legal matters and risks concerning your business, contact us within 14 days of delivery and we will happily incorporate any necessary amendments free of charge.

Still have Questions?

Call now to speak to one of our Commercial Contracts Lawyers

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