Terms & Conditions On Invoice Template for Australia

Only if they were incorporated into the contract before it was formed. Terms on the face of an invoice sent after an order has been accepted are generally too late to bind the customer. To ensure enforceability, terms should be agreed at the point of order, through a signed agreement, a website click-through, or a quotation the customer accepted.

Net 30 days is a common commercial standard, though the parties are free to agree any term. Under the Payment Times Reporting Act 2020, large businesses must report and are expected to pay small business suppliers within 30 days. Terms exceeding 60 days must be reported to the Payment Times Regulator.

Yes, if the right to charge interest is clearly stated in the agreed terms before the contract is formed. The rate must be specified. Many suppliers reference the ATO general interest charge rate or a fixed commercial rate such as 2% per month. Courts will not imply a right to interest where the contract is silent on the point.

A retention of title clause (also called a Romalpa clause) reserves ownership of goods in the supplier until full payment is received. Under the Personal Property Securities Act 2009, this creates a security interest that must be registered on the PPSR to be enforceable against third parties. Unregistered retention of title clauses may be ineffective on the customer's insolvency.

A tax invoice must include the supplier's ABN, the date it was issued, the identity of the supplier, a description of the goods or services, the price, and either the GST amount or the statement 'Total price includes GST'. Invoices for supplies of $1,000 or more must also include the recipient's identity or ABN.

Yes. Under the Australian Consumer Law, unfair terms in standard-form contracts with consumers or small businesses can be declared void by a court or the ACCC. Potentially unfair terms include unilateral rights to change pricing, unlimited liability waivers, and excessively long exclusivity or lock-in periods buried in invoice conditions.

Invoice terms should specify how disputes about the invoice are to be raised, the timeframe for raising a dispute, and the process for resolution, such as written notice followed by mediation. Clear dispute procedures protect the supplier against set-offs or counterclaims used to delay payment without a genuine commercial basis.

Yes, if a right of suspension is clearly stated in terms that were incorporated before the contract was formed. The terms should specify the overdue period that triggers suspension, the notice required, and the conditions for reinstating services. Suspension without a contractual right to do so may constitute breach of contract.