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.
Offering credit to customers can be a great way to win work, build long-term relationships, and smooth out your sales pipeline.
But if your credit terms aren’t clear (or aren’t enforced), “flexibility” can quickly turn into cash flow stress, awkward customer conversations, and overdue invoices that take up far too much of your time.
The good news is you don’t need to be a large corporation to set professional credit terms. With the right structure and a few key legal protections, you can confidently offer credit while keeping control over when (and how) you get paid.
Important: This article is general information only and doesn’t take into account your specific circumstances. If you need advice on what terms you can rely on (including fees, interest, suspension of supply, or cost recovery), it’s worth getting tailored legal advice. For tax and GST treatment, you should check ATO guidance or speak to your accountant.
Below, we’ll walk you through what credit terms are, what to include, how to communicate them, and what legal documents can help you reduce risk when you sell on credit in Australia.
What Are Credit Terms (And Why Do They Matter)?
Your credit terms are the rules that apply when you supply goods or services now, and the customer pays later.
They set expectations around things like:
- when payment is due (for example, 7 days, 14 days, 30 days)
- how payment must be made (bank transfer, card, direct debit)
- what happens if payment is late (fees, interest, suspension of supply where allowed)
- who is approved for credit (and at what limit)
- what you can do to recover unpaid amounts (where your contract and the law allow)
Clear credit terms matter because they help you:
- protect cash flow by setting predictable payment dates
- reduce disputes by putting the “rules of the game” in writing
- avoid misunderstandings (especially where a customer assumes they can pay “whenever”)
- support debt recovery if you do need to escalate
- look professional when you deal with business customers, procurement teams, and accounts payable departments
If you’re already thinking “we just email an invoice and hope for the best”, you’re not alone. Many small businesses start that way. But as soon as you have bigger orders, repeat customers, or tighter cash flow, written credit terms become essential.
How Do I Set Credit Terms? A Practical Step-By-Step Approach
There isn’t a single “perfect” credit term for every business. What’s right depends on your industry, your margins, your bargaining power, and the typical payment cycles of your customers.
Here’s a simple way to build credit terms that are clear and workable.
1. Decide When Payment Is Due (And Keep It Simple)
Start with one or two standard options. Common approaches include:
- Payment in advance (best for new customers or small jobs)
- Partial upfront deposit + balance on delivery
- 7-day or 14-day terms (common for smaller B2B suppliers)
- 30-day terms (often requested by larger businesses)
A useful rule: if offering 30-day terms will put pressure on your cash flow, consider making it available only to approved customers with a credit limit (more on that below).
2. Decide What “Payment Terms” Actually Mean In Your Business
One of the biggest sources of disputes is when the due date isn’t clearly defined.
For example, does “30 days” mean:
- 30 days from the invoice date?
- 30 days from delivery?
- 30 days end of month?
If your customer interprets it one way and you interpret it another, you’ve got a problem before you even get to collections.
This is why it helps to document your invoice payment terms consistently across your quote, order confirmation, and invoice.
3. Put Guardrails Around Credit (Approval, Limits, And Stop Supply)
If you supply on credit, you’re effectively lending money to your customer.
That doesn’t mean you need to run a bank-like credit department. But you should still decide:
- Who gets credit? (for example, only returning customers or only customers who complete a credit application)
- What’s the credit limit? (for example, $2,000 outstanding at any time)
- When can you pause or stop supply? (for example, if an invoice is overdue by 7 days or if the limit is exceeded, where your contract permits and it’s lawful to do so)
This protects you from the “rolling overdue balance” scenario where you keep supplying while the unpaid amount quietly grows.
4. Make It Easy To Pay
Even with strong credit terms, payment can slip if it’s difficult for your customer to pay you.
Consider practical steps like:
- including bank details and reference instructions on every invoice
- allowing card payments (if fees are manageable)
- setting up direct debit for regular customers (but be careful about the rules)
If you do use direct debit, your terms and processes should align with Australian requirements (including having appropriate authorisations and giving any required notices). It’s worth checking your processes against direct debit laws so your authorisations and notices are compliant.
What Should You Include In Your Credit Terms?
To be effective, your credit terms need to be specific enough to guide real situations (late payment, disputes, partial deliveries), while still being easy for a customer to understand.
Common clauses to include are below. Not every business needs every clause, but this gives you a strong starting checklist.
Payment Due Dates And How You Calculate Them
- the number of days for payment
- what the due date is calculated from (invoice date, delivery date, milestone completion)
- how you treat weekends and public holidays (if relevant)
Late Payment Consequences
This is where you set expectations early, so you’re not “making it up” when chasing payment.
Late payment terms might cover:
- late fees or interest (if you choose to charge them and they’re enforceable)
- recovery costs (such as reasonable debt collection costs and, where recoverable, legal costs)
- your right to suspend supply until accounts are brought up to date (where your agreement and the law allow)
If you want to charge a late payment fee, it’s important that the fee is properly drafted, commercially justifiable, and appropriate for the type of customer and contract (including considering unfair contract term risks). This is a common area where small businesses accidentally create unenforceable (or risky) terms. Your policy should align with late payment fees principles in Australia.
Pricing, GST, And Variations
- confirm whether prices are GST-inclusive or exclusive (and consider getting tax advice or checking the ATO if you’re unsure)
- how price changes will be handled for ongoing supply
- how variations (scope changes) are approved and billed
Disputes And Set-Off
A common delay tactic is “we’re not paying because we’re disputing the invoice.”
Your credit terms can require the customer to:
- notify you of disputes within a short timeframe
- pay undisputed amounts on time (even if part of the invoice is disputed)
- limit set-off rights (where appropriate and lawful), so invoices can’t be held up by unrelated complaints
Retention Of Title (For Goods)
If you sell physical goods, you may want a retention of title clause (sometimes called “ROT”). This aims to keep ownership of goods with you until payment is received in full.
Whether it will protect you in practice depends on how it’s drafted, how the goods are supplied/used, and whether you take additional steps (like registering certain interests). If you supply goods on credit regularly, this is one of those areas where tailored legal advice can make a major difference.
How Do I Make Sure My Credit Terms Are Actually Enforceable?
Even well-written credit terms won’t help much if your customer can later say “we never agreed to that.”
Enforceability usually comes down to two things:
- clear communication (the customer had a real chance to read them)
- clear acceptance (there’s evidence they agreed before you supplied)
Use A Consistent “Paper Trail” From Quote To Invoice
Ideally, your credit terms should appear (or be clearly incorporated by reference) in:
- your quote (or proposal)
- your order confirmation
- your credit application (if you use one)
- your invoice
If you only include terms at the invoice stage, you may be presenting them too late (after the contract is already formed).
Get Written Acceptance Before You Supply
Depending on how you sell, “acceptance” could look like:
- a signed quote or service agreement
- an email confirmation (“Yes, please proceed”)
- a checkbox acceptance during online checkout
- a signed credit application
The key is that you can show the customer agreed to your credit terms before you extended credit.
Put Your Credit Terms Into A Proper Set Of Terms Of Trade
For many B2B businesses, the cleanest approach is to use a standard set of terms of trade that apply to all supply, and then set customer-specific credit limits separately.
This keeps your process consistent, especially as you grow and more team members handle quoting, invoicing, and collections.
How Can I Reduce Risk When Offering Credit (Especially For Bigger Orders)?
Setting strong credit terms is step one. Step two is managing credit risk in a way that matches the size of the job and the reliability of the customer.
Here are practical risk controls many small businesses use in Australia.
Use Deposits Or Progress Payments
If the project spans weeks or months, consider milestone billing rather than waiting until the end.
This can:
- reduce the outstanding balance at any time
- highlight payment issues early
- align payment with your costs
Personal Guarantees (When Appropriate)
If your customer is a company with minimal assets, you may consider asking a director to personally guarantee payment.
This isn’t appropriate for every deal (and it can be a sensitive request), but for higher-risk accounts it can be an effective protection.
Security Interests And The PPSR
If you supply goods on credit, lease equipment, or provide products that are financed over time, you may be able to protect yourself by registering a security interest on the Personal Property Securities Register (PPSR).
In simple terms, a security interest can improve your position if your customer becomes insolvent. Without registration, you may end up as an unsecured creditor competing with others for whatever is left.
This area can get technical quickly, but it’s worth understanding the basics of a general security agreement and when it makes sense to register a security interest.
Even if you don’t need PPSR registration for every customer, it can be very relevant for larger accounts or high-value stock.
Have A Clear (And Calm) Collections Process
Chasing payment is uncomfortable for most business owners. Having a process helps you stay consistent and professional.
A typical approach might be:
- Friendly reminder 1-3 days before due date (especially for first-time customers)
- Overdue reminder 1-3 days after due date with payment details
- Second overdue notice 7 days after due date referencing your credit terms (for example, any applicable late fees or a pause in supply if allowed)
- Formal letter of demand if still unpaid
- Escalation (payment plan, external collections, or legal action)
If you want to outsource collections or formalise the arrangement, a debt collection agreement can clarify responsibilities, fees, and how your customers are contacted.
What Legal Documents Help Support Credit Terms?
Many payment disputes happen because the underlying agreement is vague, inconsistent, or missing altogether.
While invoices are important, they usually aren’t enough on their own to set credit terms properly (because they often come after the deal is already agreed).
Depending on your business model, you might consider the following legal documents.
- Terms of Trade: A consistent set of supply terms covering payment, delivery, disputes, title, and collections. This is often the foundation document for B2B credit terms.
- Customer Contract / Service Agreement: Useful where you provide services, projects, or ongoing support and need clarity around scope, milestones, and billing.
- Credit Application Terms: A structured way to approve customers for credit, set limits, confirm key business details, and get acceptance of your terms upfront.
- Direct Debit Authority: If you use automatic payments, you’ll want authorisation wording that aligns with your payment process and legal requirements.
- Security Documents: For higher-risk credit arrangements, you may need additional documents to support PPSR registration and enforcement.
Having the right documents isn’t about making your business “more complicated”. It’s about making your expectations clear so you spend less time negotiating payment after the work is done.
If you’re not sure what’s appropriate for your industry (or you’re dealing with larger customers who push back on terms), it’s often worth getting your terms reviewed so they’re commercially practical, aligned with your processes, and legally enforceable.
Key Takeaways
- Credit terms set the rules for getting paid when you supply now and allow the customer to pay later, and they’re essential for protecting your cash flow.
- Your credit terms should clearly state the due date (and how it’s calculated), accepted payment methods, and what happens if payment is late.
- To be enforceable, credit terms should be communicated and accepted before supply - not added for the first time on an invoice after the fact.
- Credit risk can be managed with practical tools like deposits, credit limits, and stop-supply rights (where lawful and properly documented), and (for certain transactions) PPSR registration.
- Strong legal documents like Terms of Trade and credit application terms can reduce disputes and support you if you need to chase overdue invoices.
If you’d like help setting up or reviewing your credit terms for your small business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








