Terms & Conditions
Tom Logan Construction
1. Scope of Work & Variations
The scope of work and pricing are outlined in the attached quote, providing a comprehensive description of deliverables, timelines, and exclusions associated with the project.
Should there be any need to alter the original scope, whether due to unforeseen developments or requests from the Client, the Contractor will present a detailed proposal outlining the adjustments. Work related to these changes will only commence after receiving explicit approval from the Client for any revised costs and terms.
2. Delays & External Factors
The Contractor shall not be held liable for delays that result from factors beyond reasonable control, such as unfavorable weather conditions, labor shortages, disruptions in supply chains, or governmental actions.
In such cases, the Contractor will ensure timely communication with the Client, accompanied by an adjusted timeline and, where necessary, modifications to the cost structure to reflect the impact of such delays.
3. Invoicing & Payments
Invoices issued by the Contractor are expected to be cleared in their entirety within a reasonable and customary period, being within seven days of issuance, unless alternate arrangements are explicitly documented in writing.
Payment structures offering flexibility, such as installment agreements or deferred payment schedules, may be considered based on mutual agreement between the parties. However, in instances where payments remain unsettled within the aforementioned timeframe, an additional financial burden may arise, calculated periodically at a rate that approximates two percent per month, subject to compounding.
Prolonged delays in settling payments may necessitate recovery actions, with the Client bearing responsibility for any costs incurred in the process, which may include legal representation, court proceedings, and fees for third-party collection services.
4. Ownership of Materials
Materials or items supplied or utilized by the Contractor in the course of the project will remain the Contractor's property until full payment is received.
If payment is not rendered within the designated grace period, the Contractor reserves the right to reclaim such materials or items, with all associated expenses, including labor and transport, to be borne by the Client. The Contractor disclaims any responsibility for incidental damages that may result from this process.
5. Termination of Agreement
In cases where the Client fails to meet payment obligations, breaches any terms of the agreement, or is declared insolvent, the Contractor retains the right to terminate the agreement.
In such an event, the Client will be responsible for compensating the Contractor for all work completed and costs incurred up to the point of termination.
6. Media & Promotional Use
The Contractor maintains the right to document and utilize media, including photographs and videos, of the completed project for promotional purposes, including but not limited to online portfolios and social media platforms.
Clients who do not wish for such usage must notify the Contractor in writing before the project begins.
7. Workmanship Guarantee
The Contractor guarantees workmanship for a period of three months following project completion.
This guarantee excludes any damages resulting from misuse, unauthorized modifications, natural wear and tear, or external factors. Any defects must be reported in writing during this guarantee period for resolution.
8. Dispute Resolution
Should disputes arise concerning payments, project performance, or other contractual matters, both parties agree to pursue mediation or arbitration within Queensland jurisdiction as a preliminary step before engaging in legal proceedings.
Both parties further agree to engage in such dispute resolution efforts in good faith.
9. Insurance & Indemnity
The Contractor will maintain all requisite insurance coverage throughout the project to ensure risk mitigation.
However, the Client agrees to indemnify the Contractor against any claims arising from damages, delays, or losses that are beyond the Contractor's control.
10. Confidentiality
Confidentiality will be maintained by both parties with respect to proprietary or sensitive information shared during the project.
The Client agrees not to disclose terms, pricing, or other agreement details without obtaining prior written consent from the Contractor.
11. Force Majeure
No liability will be attributed to either party for delays or failures to fulfill obligations under this agreement that arise due to events of force majeure, including natural disasters, pandemics, or changes in regulatory requirements.