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 contracting solution will pay for itself the very next time you have a customer that delays or refuses to pay an Invoice.

Overview

Terms of Trade Contracts are 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 Terms of Trade Contract packages comes complete with a simple to follow User Guide that explains when and how to use each of the document in your package

What's Included

Our Terms of Trade Contracting solutions are 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.

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

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.

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.

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.

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

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.

Final Notice – Overdue Account Letter

Still have Questions?

Call now to speak to one of our Commercial Contracts Lawyers

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