(02) 9519-5030


Nicholas Clayhills

We can help you formulate the essential terms for your business, reducing misunderstanding and saving time and money.

Every business, no matter what size, deals clients or customers.  The basis on which each transaction occurs is governed not only by contract law generally, but also specific terms that are particular to your business.

It greatly helps you conduct your business more efficiently to have stated your standard terms & conditions.  They set out the way you prefer to deal with suppliers and clients / customers.  These include quotes & tenders, supply contracts, service agreements, client order forms & exclusions / waivers.

These terms & conditions are usefully written out and given to clients / customers.

We can help you formulate the essential terms for your business, reducing misunderstanding and saving time and money.

Terms and conditions for supply of goods and services cover;

– how the contract is formed;

– the pricing mechanism and payment terms, including tax;

– how and when delivery or supply is made;

– when and how ownership of the goods / services goes to the client

– warranties for the goods / services;

– when and how the contract ends;

– other standard clauses.

“Working with Nic is a pleasure. Not only on a business level, but also on a personal level. Nic not only takes the time to assess the nuts and bolts of my business decisions, but also looks at the big picture including any potential ethical and moral concerns. I highly recommend Nic if you are looking for someone to provide sound business advice.”

Nick Hazel

  • “Family law conflicts are very difficult to negotiate both personally and to the non-lawyer confronted by the confusing legal system. Having previously had a very bad experience, we felt supported and properly advised in our journey through the family law system and continue to be most grateful to Kate and to Nic for providing us with state of the art professional and personal advice.”


    Clovelly, NSW

Common Terms & Conditions Questions

  • What sort of external Business contracts should you consider?

    Any and all supply & delivery of goods and/or services can be covered by suitable wording in terms & conditions, sometimes as short as 1 to 3 pages.

  • How do I scope a Services Contract?
    The introduction to the contract should set out the tone and ‘spirit’ of the agreement.  The introduction is important in framing the entire agreement and setting out the purpose of the ‘deal’.  You will often find the purpose of the agreement in your initial meeting notes.
  • Who decides when the implementation phase is over?
    As business services usually require some adaptation, customising or interfacing, you may need some form of functionality sign-off.  This approval to go-ahead acts as a condition precedent to services commencing.  Most customers prefer the sign-off to be subjectively determined.  However, pre-set objective standards work best.  Using a subjective test tends to open up negotiations again.
  • What reporting is required?
    Some contracts require reporting to customers.  These reports give customers relevant accounting, financial and transactional information, and assist in making the contract run more efficiently.
  • When and how should payments be made?
    Progress payments are often used, that is until expectations are not met, for example in the case of a long series of minor technical failures.  In these situations: customers prefer to stop payment, whilst service providers prefer offering technical fixes.  You need to find a balance.
  • Are financial or performance guarantees necessary?
    Yes, if the other contracting party goes broke or stops work.  By then it is too late.  The answer should come from the due diligence on your counter-party during pre-contract negotiations, and from within your business contingency plans.