Trade Credit Agreement for Australia

Trade Credit Agreement Template for Australia

An Australian-compliant Trade Credit Agreement is a comprehensive commercial document that establishes the terms and conditions for the provision of credit between business entities. It encompasses credit limits, payment terms, security arrangements, and compliance with Australian financial services laws, including the Personal Property Securities Act 2009 and relevant consumer protection legislation. The agreement provides a legally robust framework for managing credit risk while ensuring compliance with Australian regulatory requirements and business practices.

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What is a Trade Credit Agreement?

The Trade Credit Agreement is essential for businesses operating in Australia that wish to establish formal credit arrangements with their trading partners. This document is particularly relevant in situations where a supplier provides goods or services on credit terms to business customers. The agreement covers crucial elements including credit limits, payment terms, security requirements, and compliance with Australian regulations such as the Personal Property Securities Act 2009 and the Australian Consumer Law. It includes provisions for credit assessment, ongoing monitoring, default management, and dispute resolution. The document is designed to protect the credit provider's interests while establishing clear obligations for the credit recipient, incorporating Australian-specific legal requirements and business practices.

What sections should be included in a Trade Credit Agreement?

1. Parties: Identification of credit provider and credit recipient, including ABN/ACN and registered addresses

2. Background: Context of the trade credit arrangement and business relationship

3. Definitions and Interpretation: Defined terms, interpretation rules, and governing law provisions

4. Credit Facility: Details of the credit facility, including credit limit and terms

5. Payment Terms: Payment obligations, due dates, and payment methods

6. Interest and Fees: Interest rates, calculation methods, and applicable fees

7. Security: Security requirements and PPSR registration provisions

8. Representations and Warranties: Standard representations about legal capacity, solvency, and authority

9. Events of Default: Circumstances constituting default and consequences

10. Termination: Terms for termination by either party and consequences

11. Dispute Resolution: Process for resolving disputes between parties

12. General Provisions: Standard boilerplate clauses including notices, assignments, and amendments

What sections are optional to include in a Trade Credit Agreement?

1. Guarantee: Personal or corporate guarantee provisions, used when additional security is required

2. Insurance Requirements: Specific insurance obligations, used for high-value credit arrangements

3. Financial Covenants: Financial maintenance requirements, used for larger credit facilities

4. Credit Check Authorization: Authorization for ongoing credit checks, used for longer-term arrangements

5. Special Trading Terms: Industry-specific trading terms, used when relevant to specific sectors

6. Review and Variation: Provisions for periodic review of credit terms, used for longer-term arrangements

7. Cross-Default: Cross-default provisions with other agreements, used for complex commercial relationships

8. Privacy and Data Protection: Enhanced privacy provisions, used when collecting sensitive financial information

What schedules should be included in a Trade Credit Agreement?

1. Schedule 1 - Credit Limit and Fees: Detailed breakdown of credit limit, fees, and charges

2. Schedule 2 - Payment Schedule: Specific payment terms and due dates

3. Schedule 3 - Security Details: Details of any security provided, including PPSR registrations

4. Schedule 4 - Guarantee Deed: Form of guarantee when applicable

5. Schedule 5 - Required Insurance: Specific insurance requirements and minimum coverage

6. Appendix A - Credit Application Form: Standard form for credit application and assessment

7. Appendix B - Direct Debit Authority: Form for setting up direct debit payments

8. Appendix C - Financial Reporting Requirements: Template for required financial reports and certificates

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

Document Type

Finance Agreement

Cost

Free to use
Relevant legal definitions
Relevant Industries

Wholesale Trade

Retail

Manufacturing

Construction

Mining

Agriculture

Professional Services

Transportation and Logistics

Import/Export

Technology

Healthcare

Food and Beverage

Industrial Supply

Automotive

Commercial Real Estate

Relevant Teams

Legal

Finance

Credit Control

Risk Management

Operations

Commercial

Accounts Receivable

Treasury

Compliance

Sales

Contract Administration

Relevant Roles

Credit Manager

Financial Controller

Chief Financial Officer

Commercial Director

Risk Manager

Accounts Receivable Manager

Treasury Manager

Credit Analyst

Legal Counsel

Compliance Officer

Sales Director

Operations Manager

Contract Administrator

Business Development Manager

Finance Director

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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