Most debt recovery problems come down to one question: is there a document that clearly sets out what was agreed? Terms of trade are that document. The businesses with the best recovery outcomes are not the ones with the most aggressive collectors — they are the ones whose paperwork is clean. Here is what a strong set of terms includes.
Parties and scope
Name the parties clearly — full legal entity names, not just trading names. Define what goods or services the terms cover and when they come into effect (on delivery of a quote, on acceptance of a purchase order, or both). Ambiguity here creates arguments later.
Payment terms
State payment due dates explicitly: "Payment is due within 14 days of the invoice date" leaves nothing to interpret. Specify the payment methods you accept, what constitutes cleared payment, and whether partial payments are permitted. If invoices must be disputed within a certain period, say so.
Late payment and interest
If you intend to charge interest on overdue amounts, state the rate and the basis on which it accrues. Equally, if you intend to recover your costs of collection (including an external recovery agent), say so. Without this, recovery costs can be harder to claim.
Retention of title
For goods sold on credit, a retention of title (Romalpa) clause can preserve your ownership of the goods until they are paid for, giving you the right to recover them if the buyer defaults. Whether this is effective depends on whether you have registered on the PPSR and met other requirements.
PPSR registration is a legal step — obtain advice from a solicitor or specialist.
Dispute resolution
A clause requiring disputes to be notified in writing within a defined period, and setting out how they are handled, removes ambiguity and makes disputes easier to manage. Without it, a debtor can raise an objection months later and claim it invalidates the debt.
Governing law and jurisdiction
Specify which state law governs the agreement and where disputes will be resolved. Particularly important when you supply customers in other states. If in doubt, nominate your own state.
Acknowledgement and signature
Require the customer to acknowledge and sign the terms before credit is extended — ideally before work begins. A signed acknowledgement transforms a unilateral document into a mutual agreement. Electronic signatures are generally enforceable.
This checklist is general information, not legal advice. Have your terms reviewed by a qualified Australian solicitor.