Terms and Conditions
True North Construction QLD
These Terms and Conditions (“Terms”) govern the provision of building, renovation, maintenance, and repair services (“Services”) by True North Construction QLD (“the Company”), a subsidiary of Believe In Freedom Pty Ltd (“the Parent Company”). By accepting a quotation, approving works, or engaging the Company to provide Services, the Client agrees to be bound by these Terms.
By approving a quotation or engaging the Company, you confirm that:
3.1 Quotations may be accepted via email and are confirmed upon receipt of the applicable deposit:
3.2 The Company reserves the right to accept or reject any order or quotation at its discretion.
3.3 Each accepted quotation constitutes a separate binding agreement subject to these Terms.
3.4 It is the Client’s responsibility to verify the accuracy of all quotation details prior to approval.
3.5 Any cancellation must be made in writing via email. The Client will be liable for all costs incurred up to the time of cancellation.
3.6 Any Provisional Sum or allowance included in a quotation forms part of the contract price but remains subject to adjustment in accordance with these Terms.
4.1 All prices are in Australian dollars and exclusive of GST unless stated otherwise.
4.2 Payment terms will be stated in the quotation and may require payment prior to ordering materials, at nominated stages, or upon completion of the Services.
4.3 Invoices must be paid within 7 calendar days of issue. Late payments may accrue interest at the Reserve Bank of Australia cash rate plus 5% per annum.
4.4 Any invoice dispute must be notified in writing within 2 calendar days. Undisputed amounts remain payable.
4.5 The Company may suspend Services where payment is overdue.
4.6 Prices for goods, fixtures, fittings, materials, and supplies are subject to market variation and may be adjusted to reflect current supplier pricing at the time of supply or completion.
4.7 Provisional Sums and Hire Costs
Where a quotation includes Provisional Sums or allowances for third-party services or hired items including, but not limited to, cranes, EWPs, edge protection, scaffolding, temporary roof protection, excavators, skid steers, plant, equipment, traffic control, safety systems, or specialist services, such amounts are estimates only. Final charges will be adjusted to the actual supplier invoice incurred in completing the works.
4.8 Deposit Coverage of Provisional and Upfront Costs
The Company reserves the right to require deposits or stage payments to include sufficient funds to cover anticipated Provisional Sums, supplier invoices, hire charges, mobilisation fees, and associated costs payable in advance, prior to commencement or mobilisation. Any difference between provisional allowances and actual costs will be reconciled in the final invoice in accordance with contract terms.
5.1 Any change to the scope of works must be agreed in writing by both parties.
5.2 The Company reserves the right to adjust the contract price for approved variations.
5.3 Latent Conditions and Hard Digging
Where works involve excavation or ground disturbance, any hard digging, rock, concrete, buried obstructions, services, unsuitable material, or other latent site conditions not reasonably identifiable at the time of quotation will constitute a variation and may result in additional costs for labour, plant, equipment, or disposal.
6.1 Services will be delivered in accordance with the quotation. The Client must ensure safe and reasonable access to the site.
6.2 Risk in the Services passes to the Client upon completion. Title to materials remains with the Company until full payment is received.
6.3 The Company is not liable for delays caused by events beyond its reasonable control.
7.1 The Company warrants that Services will be carried out in a proper and workmanlike manner in accordance with applicable laws.
7.2 Liability for defects is limited to the cost of rectifying the defect, provided notice is given within 90 days of completion.
7.3 The Parent Company is not liable for claims arising from Services provided by the Company.
7.4 To the extent permitted by law, the Company is not liable for indirect or consequential losses, including loss of profit, revenue, business, goodwill, opportunity, or use.
Nothing in these Terms excludes, restricts, or modifies rights available under the Australian Consumer Law.
These Terms are governed by the laws of Queensland, Australia. The parties submit to the exclusive jurisdiction of the courts of Queensland.
10.1 Disputes: Parties agree to attempt to resolve disputes amicably before commencing legal action.
10.2 Notices: Notices must be in writing and sent to the nominated email or postal address.
10.3 Waiver: Failure to enforce any provision does not constitute a waiver.
10.4 Severability: Invalid provisions do not affect the remainder of the Terms.
10.5 Assignment: Rights or obligations may not be assigned without written consent.
10.6 Entire Agreement: These Terms constitute the entire agreement between the parties.
10.7 Amendment: The Company may update these Terms by publishing revised Terms on its website.
10.8 Collection Notice: Personal information is collected and used to manage accounts and deliver Services and may be shared with third-party service providers where required.