General Terms Of Contract for Australia

General Terms Of Contract Template for Australia

This is a comprehensive General Terms of Contract document governed by Australian law, designed to establish the fundamental commercial relationship between parties engaging in business transactions. The document incorporates key provisions required under Australian legislation, including the Australian Consumer Law and relevant state-based fair trading laws. It provides a robust framework for commercial arrangements, covering essential elements such as service delivery, payment terms, liability, intellectual property rights, and dispute resolution, while ensuring compliance with Australian regulatory requirements and business practices.

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What is a General Terms Of Contract?

General Terms of Contract documents serve as the foundation for commercial relationships in the Australian business environment. These terms are designed to be used when establishing ongoing business relationships or for one-off commercial transactions, providing a comprehensive framework that ensures compliance with Australian legislation while protecting the interests of all parties involved. The document is particularly useful for businesses operating in Australia that need standardized terms for their commercial dealings, incorporating essential elements required by Australian law such as consumer protection provisions, GST considerations, and fair trading requirements. The terms can be customized based on specific industry needs while maintaining compliance with relevant regulatory frameworks.

What sections should be included in a General Terms Of Contract?

1. Parties: Identifies and provides full legal details of all parties to the agreement

2. Background: Sets out the context and purpose of the agreement

3. Definitions and Interpretation: Defines key terms and establishes rules for interpreting the agreement

4. Term and Commencement: Specifies when the agreement starts and its duration

5. Supply of Goods/Services: Outlines the core obligations regarding what is being provided under the contract

6. Pricing and Payment: Details the fees, payment terms, invoicing, and payment methods

7. GST and Taxes: Addresses treatment of GST and other applicable taxes

8. Obligations of the Parties: Lists key responsibilities and obligations of each party

9. Warranties and Representations: States the promises and assurances made by each party

10. Liability and Indemnities: Sets out liability limitations and indemnification obligations

11. Insurance: Specifies required insurance coverage

12. Confidentiality: Governs the treatment of confidential information

13. Intellectual Property: Addresses ownership and usage rights of IP

14. Termination: Details circumstances and process for ending the agreement

15. Dispute Resolution: Establishes process for resolving disagreements

16. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment

What sections are optional to include in a General Terms Of Contract?

1. Force Majeure: Include when parties want specific provisions for handling unforeseen events beyond their control

2. Data Protection and Privacy: Include when personal data is being collected, stored, or processed

3. Change Management: Include when the scope of services/goods may need to be modified during the term

4. Service Levels: Include when specific performance metrics need to be maintained

5. Audit Rights: Include when one party needs rights to audit the other's compliance

6. Business Continuity: Include for critical services requiring disaster recovery planning

7. Anti-Bribery and Corruption: Include when dealing with government entities or international trade

8. Modern Slavery Compliance: Include when supply chain risks exist or when required by law

9. Environmental Compliance: Include when environmental impacts are relevant to the contract

What schedules should be included in a General Terms Of Contract?

1. Schedule 1 - Pricing Schedule: Detailed breakdown of prices, rates, and charging mechanisms

2. Schedule 2 - Service Specifications: Detailed description of goods/services to be provided

3. Schedule 3 - Service Levels and KPIs: Specific metrics and performance standards

4. Schedule 4 - Insurance Requirements: Detailed insurance requirements and minimum coverage

5. Schedule 5 - Form of Change Request: Template for requesting and documenting changes

6. Appendix A - Definitions: Extended list of defined terms if too lengthy for main agreement

7. Appendix B - Contact Details: Key contact information for both parties

8. Appendix C - Approved Subcontractors: List of pre-approved subcontractors if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Genie AI

Sector

Cost

Free to use
Relevant legal definitions
0
Clauses
Relevant Industries

Retail

Manufacturing

Professional Services

Technology

Construction

Healthcare

Education

Financial Services

Telecommunications

Logistics and Supply Chain

Consumer Goods

Energy and Utilities

Mining and Resources

Agriculture

Real Estate

Relevant Teams

Legal

Procurement

Commercial

Operations

Risk and Compliance

Business Development

Supply Chain

Finance

Sales

Contract Administration

Relevant Roles

Legal Counsel

Commercial Manager

Procurement Manager

Contract Administrator

Business Development Manager

Operations Manager

Risk Manager

Compliance Officer

General Manager

Chief Legal Officer

Chief Executive Officer

Commercial Director

Procurement Director

Supply Chain Manager

Account Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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