NEW TradeSafe Contracts Effective Business Contracts: Roberts Legal

Documentation Overview & Samples (Contractors & Suppliers)

Contractors & Suppliers

When your business contracts don’t work you need to speak to a lawyer. DIY contracts are like DIY plumbing, the system can explode and put you out of business. Avoid the nightmares of standard form contracts and ensure that you get paid quickly, have proper T&C’s and are safeguarded against a whole range of problems.

Download our 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.

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 Template.

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

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