Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
- What Should A Credit Application Form Include?
- How Does A Credit Application Work With Your Terms Of Trade?
- Do You Need A Personal Guarantee For Trade Customers?
- Can You Use A Free Terms Of Trade Template?
- What Happens If A Customer Does Not Pay?
- How Should You Handle Privacy And Credit Checks?
- Key Takeaways
Yes - a credit application form template can be a helpful starting point if you want to offer trade accounts to customers.
But the form itself is only one piece of the puzzle. If you let customers buy now and pay later, your paperwork should also connect properly with your terms of trade, any personal guarantee, your privacy notices and your debt recovery rights.
That might sound like a lot, but it doesn't have to be complicated. The goal is simple: know who you're dealing with, set clear payment rules from day one, and give your business better options if an invoice isn't paid.
What Should A Credit Application Form Include?
A credit application form should collect enough information for you to decide whether to open an account, set a sensible credit limit and enforce payment if something goes wrong.
For a business customer, your form usually needs more than a name and email address. You want details that let you identify the legal entity you're contracting with. This matters because a trading name, store name or Instagram handle usually isn't the legal customer.
Your credit application should usually ask for:
- Customer details: legal name, trading name, ABN, ACN if it's a company, registered office and trading address.
- Business structure: company, sole trader, partnership, trust or other structure.
- Key contacts: accounts payable contact, business owner or director details and authorised order contacts.
- Credit request: requested credit limit, estimated monthly spend and preferred payment terms.
- Trade references: suppliers the customer already buys from on account.
- Bank or finance details: only where genuinely needed and handled carefully.
- Consent wording: permission to run credit checks, contact referees and collect personal information for account management.
- Signatures: a director, owner or authorised representative confirming the information is correct and agreeing to your terms.
If your customer is a trust, it's worth being extra careful. You may need the trustee's full details, the trust name and confirmation of who has authority to bind the trust. If your paperwork only names the trust, you may struggle because a trust itself isn't a separate legal person.
A template can help you remember these sections, but it should be tailored before you use it. A wholesaler with stock on account will have different risks to a marketing agency billing monthly retainers.
How Does A Credit Application Work With Your Terms Of Trade?
Your credit application should work together with your terms of trade, because the application opens the account and the terms of trade set the legal rules for supply and payment.
Think of it like this: the credit application answers, who is this customer and should we give them credit? Your terms of trade answer, what happens once we start supplying them?
Your terms of trade should usually cover:
- when invoices are issued and when payment is due, such as 7, 14 or 30 days from invoice;
- whether you can refuse further supply if the account is overdue;
- interest or administration fees on overdue amounts, where reasonable and properly drafted;
- who owns goods before payment is made;
- delivery, risk, returns and terms of sale rules;
- dispute processes for invoice queries;
- debt recovery costs, where legally recoverable;
- limitations of liability and warranty wording; and
- how the terms can be changed in future.
If you sell goods or services that fall within the Australian Consumer Law, your terms also need to respect the consumer guarantees and unfair contract terms rules. Even in business-to-business contracts, the unfair contract terms regime can apply to standard form small business contracts. Since the November 2023 changes, penalties can apply if you use unfair terms in those contracts. Under the Australian Consumer Law, a small business contract can include a business with fewer than 100 employees or annual turnover below $10 million.
Practically, this means your terms should be fair, clear and balanced. Clauses that let you change prices, reject all liability or cancel supply whenever you like may need careful drafting, especially if your customer has little real ability to negotiate.
Do You Need A Personal Guarantee For Trade Customers?
You don't always need a personal guarantee, but it can be very useful when you're giving credit to a small company, a new business or a customer with limited trading history.
A personal guarantee means an individual, usually a director or owner, promises to pay the customer's debts if the customer doesn't. This gives you another person to pursue if the customer company has no money or is deregistered.
For example, say you supply $12,000 of building materials to a new Pty Ltd company on 30 day terms. The company doesn't pay and later stops trading. If you only contracted with the company, your recovery options may be limited. If the director signed a properly drafted personal guarantee, you may be able to recover the unpaid amount from the director personally.
A guarantee should be very clear. It should usually state:
- who the guarantor is;
- which customer account is being guaranteed;
- whether the guarantee covers all debts or only a capped amount;
- whether it covers interest, recovery costs and future supplies;
- when the guarantee ends and how notice can be given; and
- that the guarantor has had a chance to get independent advice.
Don't hide a guarantee in the fine print. If you want to rely on it later, the guarantor should clearly understand they're signing in a personal capacity, not just on behalf of the company.
Whether you need a guarantee depends on your risk. You might ask for one where the credit limit is high, the customer is newly incorporated, the account is critical to your cash flow, or the customer has no meaningful assets. For low-risk accounts, a smaller credit limit and tighter payment terms might be enough.
What Credit Terms And Conditions Should You Set?
You should set credit terms that match your cash flow, your industry and the level of risk you're willing to take.
Many Australian suppliers use payment terms like 7 days, 14 days, 30 days from invoice, or end of month following invoice. There's no single rule that says you must offer 30 day terms. If you're carrying stock, paying staff weekly or relying on prompt cash flow, shorter terms may make more sense.
Worked Example: A Wholesale Coffee Supplier
Mia runs a wholesale coffee supply business in Brisbane. A new cafe applies for a wholesale credit account and estimates it will order $2,500 of beans each week.
Mia's application form asks for the cafe company's ACN, ABN, director details, trade references and consent to check references. Her terms of trade say invoices are payable within 14 days, the first credit limit is $5,000, and supply can be paused if any invoice is more than 7 days overdue.
After the first month, the cafe has ordered $10,000 of stock but has paid only $4,000. Because Mia set a $5,000 credit limit and a pause-on-overdue rule, she stops further supply before the debt grows to $15,000 or $20,000. She still has an unpaid amount to chase, but her paperwork helped contain the loss.
That's the real value of account terms. You aren't trying to make every risk disappear. You're giving your business clear controls before the account becomes a bigger problem.
Common controls include:
- starting new customers on a lower credit limit;
- requiring payment before delivery for the first few orders;
- reviewing the account after 60 or 90 days;
- pausing supply when invoices are overdue;
- requiring a director guarantee above a certain credit limit; and
- moving repeat late payers back to upfront payment.
Can You Use A Free Terms Of Trade Template?
You can use a free template as a starting point, but you shouldn't treat it as finished paperwork for your business.
Templates often miss the details that make the document actually useful. For example, a generic form may not deal with retention of title, personal guarantees, credit limit changes, PPSR registrations, director authority or how your business handles disputed invoices.
If you want a fill-in outline for your credit application, credit terms and account documents, this is a sensible structure to start with:
- Customer Details: Insert the customer's legal name, ABN, ACN, business structure and contact details.
- Account Contacts: List who can place orders, approve invoices and deal with payment queries.
- Credit Request: State the requested limit, payment terms and expected monthly spend.
- Trade References: Ask for at least two supplier references you can contact.
- Customer Declarations: Include confirmation that the details are true and the signer has authority.
- Privacy Consent: Explain what personal information you collect and how it may be used for credit assessment and account management.
- Terms Of Trade Acceptance: Make the customer expressly agree to your current terms of trade.
- Personal Guarantee: Add a separate, clearly signed guarantee if you require one.
- Security And PPSR Clauses: Include retention of title or security wording if you need rights over unpaid goods or other collateral.
- Signatures And Date: Make sure the right legal entity and any guarantors sign in the correct capacity.
This outline isn't a finished legal document. A lawyer should tailor it before you use it, especially if you supply goods on credit, register interests on the Personal Property Securities Register, sell to small businesses on standard terms, need to check unfair contract terms, or rely on personal guarantees.
If cost is a concern, the main options are usually a free template, an online fixed-fee legal service or a traditional firm billing by the hour. What matters is whether the final documents cover your risk, match how you actually trade and are easy for your team to use.
What Happens If A Customer Does Not Pay?
If a customer doesn't pay, your first step is to check the paperwork and keep a clear record of every invoice, reminder, delivery note and conversation.
Before you jump to formal debt recovery, make sure the debt is actually due under your terms. Check the invoice date, payment terms, purchase order, delivery record and whether the customer has raised a genuine dispute about quality, quantity or timing.
A practical process usually looks like this:
- Confirm the amount owing: Reconcile invoices, credits, payments and delivery records.
- Send a polite reminder: Include invoice numbers, due dates and a clear payment request.
- Pause further credit: If your terms allow it, stop new supply until the overdue amount is dealt with.
- Call the accounts contact: A short conversation often reveals whether it's an admin issue or a cash flow problem.
- Send a formal demand: Refer to the signed application, terms of trade, guarantee and any agreed payment plan.
- Consider recovery options: This may include using a debt collection service or getting legal help if the amount justifies it.
Your documents make a big difference at this point. If your customer signed clear terms, accepted your payment rules and gave a guarantee, you'll usually be in a stronger position than if you relied on verbal conversations and ad hoc invoices.
If you supplied goods and your terms include retention of title or security clauses, the Personal Property Securities Act 2009 may also matter. Registering on the PPSR can help protect certain security interests, but the timing rules can be strict. For example, purchase money security interests over inventory generally need registration before the customer gets possession. If this is part of your credit process, get tailored advice before you rely on it.
How Should You Handle Privacy And Credit Checks?
You should only collect the information you genuinely need, tell people how you'll use it and store it securely.
A credit application often collects personal information about directors, sole traders, partners and guarantors. The Privacy Act 1988 may apply to your business depending on factors such as turnover, business type and whether you handle certain kinds of information. Even where the Privacy Act doesn't apply, customers will expect you to treat their information carefully.
Your application form should clearly say if you may:
- contact trade referees;
- use the information to assess a credit account;
- verify business details against public registers such as ASIC or the Australian Business Register;
- disclose information to debt collectors or legal advisers if the account is overdue;
- store the information in your accounting, CRM or ordering systems; and
- contact the customer about account administration.
If you use an external credit reporting body, extra credit reporting rules may apply. Don't add broad consent wording unless you know what checks you'll actually run. Overly broad privacy wording can create trust issues and may not help you if it doesn't reflect your real process.
It's also worth training your team. A great credit form won't help much if staff skip checks to win the sale, accept orders from unauthorised people or keep supplying once an account is overdue.
Key Takeaways
- A credit application form helps you identify the customer, assess risk and decide whether to offer account terms.
- Your form should work with your terms of trade, not replace them.
- Personal guarantees can reduce risk when you supply companies or new businesses on credit.
- Clear credit limits, payment terms and stop-supply rights can stop small debts becoming much bigger ones.
- Privacy, unfair contract terms and PPSR rules may affect how your credit documents are drafted.
- Templates are useful for planning, but your final documents should match how your business actually sells and gets paid.
If you'd like help with your credit application forms, terms of trade, personal guarantees or debt recovery wording, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
Drafted by Taylor, Sprintlaw's AI, and overseen by Alex Solo. How we write
Make the contract match the deal
What should you test beyond the template?
Scope, payment, dependencies, liability, IP, change and exit clauses should work together for the actual relationship. They should not just read well in isolation.








