It is important that as a business, and especially if yours is a small business, that you know your rights.
Small trade standard form contracts between businesses must not contain unfair terms. You are also protected against unconscionable conduct from businesses you purchase goods and services from.
Terms of a small trade contract must be fair
Businesses are protected from unfair contract terms in common types of take-it-or-leave-it standard form contracts like those for power and phone. The rules cover standard form contracts between businesses that form part of trading relationships with an actual or expected total value of up to $250,000 in any 12-month period.
There are rules in the Fair Trading Act that apply to a range of business conduct – from advertising and pricing to sales techniques, as well as contracts between businesses and between businesses and consumers. Those rules include a prohibition against unconscionable conduct. This page describes the kind of conduct that may be unconscionable, and what to do if you think a business is behaving unconscionably.
