Here are some simple rules when considering extending credit to a customer. The first and foremost advice I give my clients is to KNOW WHO YOU ARE DEALING WITH. When providing credit always have them sign a Credit Application and OBTAIN there full Contact Details, Business address, ABN and ACN numbers as this may be different.
Make sure they SIGN and DATE the Credit Application and You RETAIN THE ORIGINAL. You may be called on by the court to produce it. You may request photocopies of identification, however, when requesting personal information you will NEED TO OBTAIN THEIR WRITTEN CONSENT, AS REQUIRED, BY THE PRIVACY ACT. If there are more than two parties for e.g, two or more Directors, you may need both Parties details and two or more privacy consent forms may be required.
Note: There are separate Privacy Laws for each state – The Federal Privacy Act covers the collection, use and disclosure, quality and security of personal information. For advice about the Federal Privacy Act or to make a complaint about a breach of the Federal Privacy Act, please contact the Office of the Federal Privacy Commissioner or phone 1300 363 992.
Provide them a written quotation and have them sign it in agreement of your offer.
If you operate within the Building and Construction Industry, when you receive orders, under “SOPA” as talked about earlier in this site, you may for example take a phone order(s) or even take a verbal order(s) on site by your customer, the important thing is to establish some paper too it, record it in your diary, send them a fax or email confirming the order details and I mean the details of exactly what was discussed and what service is to be provided materials sold or both, noting unit price per hour for the service or product so there is no confusion of price and/or service that is to be provided.
When there is a variation to the order, record the details again, note the conversation in your diary, keep these records as these will form your contract/agreement. Especially if there is no SPECIFIC CONTRACT for the works to be undertaken.
Similar rules are recommended when you are a supplier of “Goods and Services” in other industries, you will be limited to Civil Court proceedings, which will almost always require your case on paper if you are to have a fair chance of success if the matter is defended.
These simple tips may save you big dollars when and if you have to pursue the debtor later. There are many other things you may do such as make sure your Commercial Agreements and Terms of Trade are current and up to date. If acting for a Company or Trust You may be able to obtain Director Guarantee’s and include Retention of Title Clauses if you supply goods and wish to retain ownership until those goods are paid for in full.
NB: THIS INFORMATION IS PROVIDED AS A GUIDE ONLY PLEASE CONTACT US IF YOU REQUIRE LEGAL ADVICE.
PRIME COLLECTIONS WILL REVIEW AND UPDATE YOUR CURRENT AGREEMENTS AND/OR DRAFT YOUR NEW TERMS OF TRADE.