NEW TradeSafe Contracts Effective Business Contracts: Roberts Legal

Documentation Overview & Samples (Business & Professional Services)

Business & Professional Services

Our Business & Professional Services TradeSafe Contracts package comes complete with the following legal documents customised for your business:

Guide to Making Effective Business Contracts

(Incorporating Terms & Conditions of Trade)

This Guide explains in plain English when and how to use each of the documents in your TradeSafe Contracts package, and will assist your business to establish and utilise your TradeSafe Contracts package to make everyday business contracts with Customers incorporating the customised Terms & Conditions of Trade that we have prepared for your business.

Business Contract Templates

Engagement Letter / Proposal Template

The Engagement Letter / Proposal Template is provided in Word format so that you can customise the content for individual Clients.

The Template also contains:

  • hidden text (red font) that provides specific instructions on how to prepare Engagement Letters/Proposals without affecting the enforceability of the Terms & Conditions of Service, and
  • built in links to help you verify a client’s Company Name, ACN, Business Name and ABN when preparing an Engagement Letter or Proposal..

How to view hidden instructions.

Acceptance (Agreement for Services) Forms

The Acceptance (Agreement for Services) Form forms the final page of the Engagement Letter / Proposal Template.

This form is used to ensure that the Client and any Guarantor acknowledge and accept that the Terms & Conditions of Service will apply to the Agreement

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.

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

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