Terms and Conditions

The Customer: The Customer shall be the person/persons for whom this Agreement was drafted or for whose benefit the work is to be done.

Payment: Log & Timber Worx (“LTW”) requires a 50% deposit of the total estimated cost to be paid upon signing of the contract to reserve a spot on LTW’s work schedule. The Customer is required to pay an additional 25% of the total estimated cost upon completion of the washing in preparation for stain work. The remaining 25% is due from the Customer upon completion of the stain work. Full payment acknowledges acceptance of the work performed by LTW and that the work was performed in a workmanlike manner to pass without objection in the trade. Once the initial 50% deposit has been received, LTW will include the Customer in their weekly emails, which show LTW’s progress with the log home line-up.

Scheduling: LTW will do everything within their power to maintain the estimated work schedule. If inclement weather or unforeseeable events require a change to that date, the Customer will be rescheduled as quickly as possible.

Job Site Prep: The Customer shall be responsible for having the job site clear of any potential hazards, is readily accessible, and ready for work to commence. This includes removal of any items that would block access to various fascia of the building (i.e. outdoor decorations), ensuring all windows are closed and latched with screens removed, and removal of deck/porch furniture if necessary. If LTW is not able to complete the specified work on the scheduled date because the job site was not ready, prepared properly, or if the Customer requests or otherwise indicates a material change will need to be made to this Agreement and LTW is required to return to complete the specified work at a later date, there will be a $500.00 return trip fee added for each additional trip needed to complete the agreed upon specified work.

Pressure Washing Note: The Customer understands and agrees that it shall be their sole responsibility to ensure that the outside water access point is “on” and all of the Customer’s doors and windows are closed and latched prior to the arrival of LTW onsite. As with any pressure washing service, water access is required for the commencement of the washing service. LTW shall not be liable for any water damage or leakage into the building from the windows or elsewhere that may occur from the pressure washing or staining process. The Customer is advised to be onsite and prepared with towels inside of the building to monitor the situation. If LTW is not able to perform the building wash during the scheduled visit due to the outside water not being on or available, a trip fee of $500.00 will be charged and the estimated work scheduled will need to be adjusted accordingly. If the Customer requests that LTW provide their own water access point at the outset of the booking process and making the initial deposit with LTW, then LTW can provide their own water access point as this added service shall incur additional costs outside of standard pricing that shall be incorporated into the overall cost estimate.

Damages: If any objects or fixtures need to be removed prior to commencement of work, the Customer must notify LTW in advance. If LTW is requested to remove downspouts, porch furniture, or other items, LTW will do its best not to damage any portions of the building or the items themselves. However, damage does sometimes occur. The Customer agrees to hold LTW harmless for any and all damages caused by LTW removing downspouts, porch furniture, or other items prior to starting work. If you believe LTW has caused any damage during removal and the work requested, you must put LTW on notice of the possible damage by making a notation on the work verification form prior to the service team leaving the building location. Failure to make a notation on the work order shall constitute a release of LTW from any liability for damages. If siding or contracting work is required as a part of the project, the Customer is responsible for all charges incurred due to modifying or repairing any material onsite. To the fullest extent permitted by applicable law, the Customer shall not assert, and hereby waives, any claim against LTW, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or the work performed by LTW. LTW shall not be liable for any damages arising from the use by Customer or other users of the materials installed by LTW.

Changes in the Work: Customer may request changes to the work to be performed by LTW, but all changes shall be in writing and signed by both parties. Changes in the Work may be subject to additional charges and potential extensions of time at LTW’s sole discretion and as may be provided elsewhere in this Agreement.

Lien Waivers: LTW will not sign any lien waivers presented to it by Customer until full payment has been made to LTW.

Warranties: LTW disclaims all warranties, express or implied. All items manufactured by others and supplied by LTW and then passed or sold to the client will be covered by the relevant manufacturer’s warranty. LTW cannot control what happens to the fascia of the building after LTW leaves the location and therefore LTW cannot provide any express or implied warranty related to their service aside from manufacturer warranties. Customer may alter or perform additional services to the fascia of the building that may be contraindicated by LTW or the manufacturer of the relevant product. Weather, use, misuse, lack of use, vegetation, age and alterations are just come of the factors that can change the conditions of the structure and therefore change the conditions of the Work performed by LTW. Customer agrees to hold harmless, indemnify, and defend LTW from all claims related to warranty or site conditions after LTW finishes installation.

Product Info: Please consult the Owner’s Manual LTW will leave with Customer for all product information. Each product is different, and your care and attention are required to ensure the product properly performs. All issues, including but not limited to drying time before use, durability, care, and lifetime expectancy can be answered either by the Owner’s Manual or by calling the manufacturer representative.

Indemnification: To the fullest extent permitted by law, the Customer shall indemnify, defend, and hold harmless LTW and all others performing work on the project and agents and employees of any of them from and against all claims for bodily injury, death, damage to property, demands, damages, actions, causes of action, suits, losses, judgments, obligations, liabilities, costs and expenses including without limitation reasonable attorneys’ fees, which arise or are in any way not connected with LTW’s work. These indemnity and defense obligations shall apply to any acts or omissions, or willful misconduct Customer, its employees, assigns, or agents. The Customer shall not be obligated to indemnify and defend LTW, or any other party for claims found to be due to the sole negligence or willful misconduct of the indemnified party/parties. Such obligation shall not be construed to negate, abridge, or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person. In the event Customer insists upon installation outside of the manufacturer’s specifications, Customer hereby assumes all risks and liability for installation, waives any and all claims against LTW, and shall hold harmless and fully indemnify and defend LTW for any resulting damages.

Termination: LTW reserves the right to terminate this Agreement for nonpayment. LTW reserves the right to terminate this Agreement if Customer fails to have proper preparation, as listed elsewhere in this Agreement, at the time of LTW’s arrival to perform the work. Should LTW elect to terminate this Agreement for any reason, LTW shall be entitled to keep any deposit made by Customer. Customer shall have the right to terminate this Agreement if LTW has not performed within 90 days of the estimated start date, as herein defined, without providing Customer with a reason for the delay.

Governing Law and Venue: This contract shall be construed, interpreted, and applied according to the laws of Virginia, without regard to its conflict of laws principles, and it shall be binding upon and shall inure to the benefits of the heirs, personal representatives and assigns of the parties hereto. Should any dispute by, between, or involving the parties result in litigation, the parties agree that the courts of Harrisonburg/Rockingham shall have exclusive jurisdiction and venue over any suit, claim or proceeding commenced between the parties regardless of the form of such action, whether in contract, warranty, or tort. Parties hereby consent to the jurisdiction of the courts of the Commonwealth of Virginia over the subject matter and parties, and hereby waive their rights, if any, to invoke the jurisdiction or venue of any other court, for such suit, claim or proceeding. The prevailing party shall be reimbursed their legal costs, expenses, and attorney’s fees incurred by the litigation.

Miscellaneous Provisions: 

  • Complete Agreement: This Contract, together with the purchase orders and Job Invoices, set forth the entire understanding of the Parties as to the subject matter hereof and supersedes all prior agreements, discussions, and correspondence pertaining to the subject matter hereof. Any preprinted terms and conditions on any order, invoice, statement, etc. issued in connection with any item hereunder by either Party will be of no force and effect.
  • Attorney’s Fees: In the event of a breach of this Contract or if Customer otherwise defaults on its obligations as provided herein, LTW shall be entitled to recover all costs incurred by LTW on account of Customer’s breach or default hereunder, including, but not limited to, collection costs, court costs, and reasonable attorney’s fees.
  • No Modification: No modification, amendment, supplement to, or waiver of this Contract or the Exhibits, Contract Documents, and/or Change Orders hereto, or any provision thereof, will be binding upon the Parties unless made in writing and duly executed by authorized representative of both Parties.
  • Assignment: This Contract is intended to be a contract solely between the named parties and is not assignable without the express prior written consent of LTW.
  • Laws and Regulations: The Parties will comply with all local, municipal, state, federal, and governmental laws, orders, codes, and regulations in the performance of this Contract.
  • Severability: If any provision of this Contract is held to be unenforceable, the remaining provisions will remain in effect, to be construed as if the unenforceable provision was originally deleted.
  • Waiver: The waiver of a breach of any term or condition of this Contract will not constitute the waiver of any other breach of the same or any other term.
  • Waiver of Jury: Each party agrees to waive, and hereby does waive, its rights to a jury with respect to any litigation between the parties arising out of this contract.
  • Force Majeure: In the event either party shall be delayed, hindered in or prevented from the performance of its duties and obligations required hereunder by reason of Force Majeure, including but not limited to, acts of God, the public enemy, acts of the governments in its sovereign capacity, fires, floods, epidemics requiring closure, pandemics as declared by the World Health Organization or its successor organization, quarantine restrictions, strikes, hurricanes, tornadoes, unusually severe weather, or other reason of a like nature not the fault of the party delayed in performing work or doing acts required under the terms of this Contract, then the time allowed for performance of such act shall be extended by a period equivalent to the period of such delay. Each party shall promptly notify the other party of such events and make every reasonable effort to restore services and perform its obligations. An event of force majeure shall be deemed to have ended at such time as the event in question no longer reasonably obstructs or delays LTW’s performance of Work. LTW may also submit a claim to owner for additional costs actually incurred for any documented increase in the cost of labor and materials, uninsured damage to the Work, demobilization and remobilization expenses, and/or costs due to expenses to comply with required or recommended personal protection equipment and practices.
  • Disclosure: Consumer is hereby notified of the existence of the Virginia Contractor Transaction Recovery Fund. The Virginia Contractor Transaction Recovery Fund provides relief to eligible consumers who have incurred losses through the improper and dishonest conduct of a licensed contractor. More information on the Fund or filing a claim can be obtained by visiting http://www.dpor.virginia.gov/Boards/Contractors_Recovery_Fund/ or by contacting the Board for claim information at the following address: