THE CLIENT AND SIMPLY STAGING AGREE:
1. THE CLIENT HAS SELECTED THE PACKAGE AS OUTLINED IN THE HOME STAGING AGREEMENT AND AGREES WITH SIMPLY STAGING TO CONDUCT THE FOLLOWING WORK:
a. Provide home staging and property styling services to the Client at the premises for the agreed term of this contract and in accordance with this contract and any special conditions agreed between the parties.
b. Supply, rent, style and stage display stock to and at the premises in accordance with the quotation accepted by the Client.
c. Ensure that any stock provided by Simply Staging under this contract is covered by a current insurance policy covering loss or damage by fire or theft.
d. Collect and/or replace any defective or malfunctioning stock within 3-7 days after the Client notifies Simply Staging of the defect or malfunction.
e. Deliver and Pick up home staging stock to and from the premises as required during the initial term or extended term of this contract.
f. Perform any other service that Simply Staging included in the quotation accepted by the Client (e.g. arranging certain repairs or maintenance upon the premises).
2. THE CLIENT AUTHORISES SIMPLY STAGING, HER EMPLOYEES, CONTRACTORS, AGENTS AND SERVANTS TO:
a. Enter the Property at all reasonable times for the purpose of undertaking the Work;
b. Install and place furniture and goods on the Property;
c. Install permanent fixings (hooks / screws) for the purpose of hanging art and mirrors;
d. Move or remove existing furniture and goods on the Property;
e. Arrange for, or make, repairs to the Property or anything on the Property;
f. To do all other things reasonably necessary to undertake the Work.
3. THE CLIENT AGREES TO ENSURE THAT:
a. Provide unrestricted access for Simply Staging to the premises during normal business hours in accordance with this contract.
b. Pay Simply Staging’s fees and display stock rental charges, including any due interest, strictly in accordance with the quotation signed by the Client and this contract, including for any extension of the initial contract term.
c. Pay any tax invoice issued by Simply Staging pursuant to this contract and pay the tax invoice by the specified due date for payment.
d. Pay any tax invoice rendered by Simply Staging under this contract irrespective of whether the staged property sells or is taken off the market before the completion of the initial term or any extended term.
e. Arrange Client’s own insurance cover to protect Simply Staging’s stock against the risk of loss or damage other than the risk covered by Simply Staging’s own insurance cover as provided for in clause 11 (a) of this contract and provide evidence of such insurance cover to Simply Staging if so requested.
f. Return Simply Staging’s stock at the conclusion of this contract, including on termination of the contract by either party, in accordance with the terms and conditions of this contract. This is an essential term the breach of which will entitle Simply Staging to claim damages for any financial loss suffered.
g. Safeguard and protect Simply Staging’s display stock while it is in the Client’s possession.
h. Meet Simply Staging’s reasonable costs of cleaning any stock that requires cleaning (excluding cleaning required as a result of normal use) upon the return of the stock to Simply Staging.
i.Pay for any damage to stock while in the Client’s possession excluding any accidental damage caused during delivery and pick up.
j. Indemnify and protect Simply Staging in respect of any liability Simply Staging may incur to meet and pay legal costs and/or third party costs and expenses due to any default and/or breach by the Client of any of the terms or conditions of this contract including costs incurred in prosecuting successful legal proceedings against the Client.
k. Respond promptly to any communication received from Simply Staging via phone, post, email or fax.
l. The client shall pay any invoice rendered by Simply Staging strictly within seven (7) days of receipt of the invoice. This is an essential term of the contract.
a. The contract commences on the day stated within Invoice (Start Date).
b. The initial term of the contract is specified in Invoice (Initial Term)
c. Any extension of the initial term must be agreed in writing between the parties not later than 5 business day prior to the completion of the initial term.
d. When the initial term is validly extended the terms and conditions of this contract will continue to apply until completion of the extended term.
e. The term of this contract shall never be less than the initial term unless validly terminated by either party pursuant to clause of this contract.
5. CONTRACT PRICE AND PAYMENT TERMS
a. The client will pay the total rental for the display stock for the initial term.
b. The client will pay the additional rental for the display stock for any extended term.
c. The initial term is that stated in Invoice (Initial Term)
d. The total rental for the initial term is stated in Invoice (Total)
e. The payment timetable and payment options for payment of the total rental is stated in Invoice (Payment Options)
f. Any additional rental for an additional term will that which is agreed in writing between the parties.
g. The rental for the initial term is non-refundable and non-adjustable once this contract has been executed and the display stock delivered to the premises and the inventory check list signed by the client.
h. The client is not entitled to any discount or refund of the total rental if this contract is terminated before expiry of the initial term.
i. The client is not entitled to any discount or refund of any additional rental payable for an additional term if the contract is terminated before expiry of the additional term.
j. The client shall pay any invoice rendered by Simply Staging strictly within seven (7) days of receipt of the invoice. This is an essential term of the contract.
k. The additional rental payable by the vendor for any additional term is that stated in Invoice (Additional Term).
6. DELIVERY AND PICK UP OF DISPLAY STOCK
a. The Client must arrange access for Simply Staging to the premises for the delivery and pick up of the display stock.
b. The Client agrees that Simply Staging has the right to nominate a day and time convenient to Simply Staging for the delivery/pick up of the display stock.
c. Simply Staging will take reasonable steps and care to arrange delivery and pick up days and times that also suit the Client or Client’s agent but without limiting Simply Staging’s right under clause 7 (b).
d. In the event that Simply Staging is unable to gain access for any reason, the Client shall pay all additional costs incurred by Simply Staging for the re-delivery or re-pick up of the display stock and Simply Staging may invoice the Client for such costs.
e. Any tax invoice delivered to the Client under clause 7 (d) shall be paid by the Client within seven (7) days of receipt.
f. Simply Staging will present the Client with a display stock inventory check list at the time of delivery.
g. The Client must sign the inventory check list to confirm receipt of each item of stock stated in the check list and further to confirm that each item in the check list is free of any defect or damage excluding any fair wear and tear.
h. When picking up the display stock Simply Staging must use the same inventory check list as used on delivery and sign the check list to confirm the return of each stock item in the check list and to further confirm that each item picked up was free of any damage excluding any fair wear and tear.
i. In the event that during pick up Simply Staging notes any damage to any item of stock, such damage must be noted on the check list and brought to the attention of the Client as soon as practicable.
j. In the event that this contract is terminated by the Client, the Client must arrange the return of the display stock to Simply Staging during normal business hours unless Simply Staging agrees to pick up the stock from the premises and the Client agrees to pay Simply Staging’s pick up fee.
7. CLIENT’S OBLIGATIONS WHILE DISPLAY STOCK REMAINS ON VENDOR’S PREMISES
a. The Client rents the display stock from Simply Staging whilst the display stock is staged on the premises and until the display stock is returned to Simply Staging.
b. The Client never acquires any ownership of the display stock.
c. At the conclusion of the initial term or any extended term the Client shall return the display stock to Simply Staging or allow access to Simply Staging to collect them.
d. Once the display stock has been staged at the premises the Client must not move the stock from the premises without the prior written consent of Simply Staging and must remain in the Client’s sole possession.
e. If the display stock or any part of the stock is removed from the premises without Simply Staging’s prior written consent, this will be deemed an unlawful conversion and/or illegal misappropriation of the stock and appropriate legal action may be taken against the Client.
f. The Client must keep the display stock in good order and condition, allowing for fair wear and tear and the Client is responsible for any damage to the display stock.
g. If any of the stock is damaged whilst in the Client’s possession, the Client must pay Simply Staging on demand a sum equal to the reasonable market cost of repairing or replacing the damaged items of stock.
8. TERMINATION AND REPOSSESSION RIGHTS AND OBLIGATIONS
a. Simply Staging may terminate this agreement forthwith and repossess the display stock if:
b. any money owing under this agreement is due and remains unpaid for more than 7 days following receipt of a demand for payment by Simply Staging; or
c. the client breaches or is in default under any of the other terms of this agreement and fails to remedy the breach or default within 7 days of receiving a notice of breach or default from Simply Staging;
d. The Client breaches any essential term of the contract;
e. The Client becomes bankrupt or has an administrator, receiver, provisional liquidator, liquidator or other external controller appointed to it.
f. If this agreement is terminated before the expiration of the initial term or before the expiration of an extended term, Simply Staging shall render a final tax invoice to the Client and the Client shall pay all outstanding and due invoices within seven (7) days of receipt of the final invoice.
g. In the event of this agreement being terminated under this clause the Client must promptly return the display stock to Simply Staging or make the stock available for collection by Simply Staging on a day and at a time specified by Simply Staging.
h. In the event that the Client breaches clause 9 (g), the Client consents to Simply Staging or his/her agents gaining entry to the premises, or gaining entry to any other premises where Simply Staging believes the display stock is located, whether the Client is present or not, and to use such force as is necessary in order to repossess the display stock.
i. The client will make no claim against Simply Staging or his/her agents for damage arising out of or in connection with repossessing the display stock under clause 9 (g).
j. The Client will pay Simply Staging all costs and charges (including all legal costs on an indemnity basis) incurred by Simply Staging or his or her agents incidental to repossessing the display stock.
k. In the event that the display stock or any item of the display stock cannot be repossessed by Simply Staging or its agents within 21 days of the Property Stylist delivering a written notice of intention to repossess the display stock to the Client, the display stock will be deemed lost, stolen or destroyed and Simply Staging may take legal action against the Client to recover the retail price of the display stock that would have been charged had the Client purchased the display stock on the date of this agreement.
l. The repossession notice referred to in clause 9(k) may be delivered to the Client in person, or to the client’s selling agent or by sending it by registered mail to the Client’s address as stated in this agreement.
m. If this agreement is terminated by either party before the expiry of the initial term or any extended term, the Client must pay Simply Staging all amounts due under this agreement that remain unpaid at the time of termination.
9. LIMITATIONS ON LIABILITY OF SIMPLY STAGING AND EXCLUSIONS OF LIABILITY
a. The only contractual warranties provided by Simply Staging are the statutory ones provided under the Australian Consumer Law that are implied into this agreement and cannot be excluded by Simply Staging.
b. Apart from these statutory warranties that cannot be excluded, Simply Staging accepts no liability to the Client whatsoever if the Client fails to achieve a sale of the property before the expiry of the initial rental term or any extended rental term of the display stock or a sale at the price desired or expected by the Client.
c. Simply Staging shall not be liable for any injury, damage or loss suffered by the Client, by any agent of the Client or by any person or prospective buyer invited upon the premises by the Client or the Client’s agent whilst the display stock is staged on the premises other than injury, damage or loss caused by Simply Staging’s own negligence.
d. The Client shall not make any claim against Simply Staging for damages in respect of property or personal injury sustained as a result of any use, malfunction, defect or breakdown of the Goods or any of them and indemnifies Simply Staging against, and releases Simply Staging from all claims, actions, demands or suits directly arising out of or connected with the use, malfunction, defect or breakdown of the Goods. This clause does not merge on completion or termination of this agreement.
e. Simply Staging will not be liable for any damage caused to the premises by wall hooks inserted into the wall for the purpose of hanging art work/s and Simply Staging is not responsible for the removal of such wall hooks or for the repair of any holes in the walls caused by use of the hooks.
a. The Client acknowledges that the insurance policy offered by Simply Staging at the time making this agreement will only cover damage, destruction or loss of the goods due to fire or theft.
b. The Client must pay a excess of $1000 for any claim made on an insurance policy by Simply Staging.
c. Any other loss or damage shall be the Client’s responsibility and such risks must be covered by the Client’s own insurance.
If any Goods are lost, damaged or destroyed they are deemed to remain on hire by the Client under this agreement and the Client must:
d. Repair or replace them, at the Client’s expense, in which case this agreement continues in respect of them; or
e. Pay Simply Staging the retail price of those Goods, being the price that Simply Staging would have charged the Client had the Client purchased those Goods at the date of this agreement. After this payment has been made, the lost, stolen or destroyed Goods will be deemed to have been returned to Simply Staging and this agreement will terminate in respect of them;
f. Continue to pay monthly rental installments as recalculated by Simply Staging in respect of any Goods remaining in Client’s possession that are subject to this agreement and that are unaffected by this clause.
11. INTELLECTUAL PROPERTY
a. Simply Staging reserves the right to take photographs and videography of the Property and of the Work. The rights to the photographs and recordings shall solely be held by Simply Staging, and Simply Staging reserves the right to use the photographs for any purpose she sees fit, including but not limited to promotional purposes.
b. The Client may opt out of the use of these images for external promotional purposes by indicating in the Home Staging Agreement.
12. FRUSTRATION OF CONTRACT
a. In the event that Simply Staging is rendered unable, wholly or in part, to comply with her obligations under this Agreement by reason of act of God, accident, civil disorder, terrorist act, strike or lockout of workmen, bad weather or by any other event or circumstance not within the control of Simply Staging, Simply Staging’s obligations under this Agreement shall be suspended for such time as appears reasonable to Simply Staging.
13. CANCELLATION OR POSTPONEMENT OF INSTALLATION OF DISPLAY STOCK
a. If the Client cancels this agreement less than five (5) business days prior to the due delivery, installation and staging of the display stock at the premises a cancellation fee of 50% of the total rental applies.
b. If the delivery and installation of the display stock at the premises is at the Client’s request postponed less than three (3) business days prior to the due date for delivery and installation a fee of 20% of the total rental must be paid to Simply Staging.
c. If Simply Staging is holding any display stock supplied by a third party supplier for the purposes of installing them at the premises, and has been holding that stock for three (3) days or more, and the Client cancels this agreement prior to delivery, the Vendor must pay Simply Staging a fee equivalent to one week’s rental of the Goods.
Wherever possible, the Client shall directly enter into contracts with suppliers and tradesmen.
a. The Client acknowledges that the advice given by Simply Staging is of a cosmetic or aesthetic nature and does not extend to the provision of structural advice. The Client shall seek its own professional advice in respect of any structural alterations or repairs which are to be undertaken.
b. Simply Staging shall not be liable for any loss, damage, cost or expense incurred or suffered by the Client which is caused or contributed to by any contractors, whether engaged by Simply Staging or the Client, to undertake any part of the Work or any repairs or alterations which may be suggested by Simply Staging.