1. AUTHORITY AND PREPARATION FOR INSTALLATION
1.1 “The Client” authorises Shift Property Styling and their employees and contractors to enter and remain on the Property at all reasonable times for the purpose of furnishing and styling “the Property” as contemplated by this agreement. This authorisation includes installation and removal of the Furniture and Accessories used by Shift Property Styling and allowing access to the property for styling reviews (including retention of key during campaign which will be destroyed at completion of contract unless specification requested to be returned by “The Client”) as contemplated by this agreement.
1.2 Accepting the quote: In order to secure a booking/installation date, “the Client” is required to complete the online quote (link in the quote email) by selecting the checkboxes and signing electronically. Once Shift Property Styling receives approval from “the Client”, allocating furniture and packing the installation for “the Property” can commence. Any changes once approval is provided may incur costs.
1.3 Acceptance of the quote must be received within 7 days of receiving the quote if a date is being held for the installation by Shift Property Styling. Pricing is valid for 30 days from date of quote issue, however an installation date can only be held for a maximum of 7 days. Shift Property Styling will contact “the Client” if this date becomes at risk (see cancellations/change of installation date).
1.4 Preparation of the property: “The Client” is responsible for making sure “the Property” is prepared prior to Shift Property Styling’s arrival for the agreed installation date. This includes ensuring the property is completely vacant, all renovation work completed (and no further works to be completed once styling is in place other than exterior), power is turned on, the interior is clean and driveways/paths are clear for Shift Property Styling to safely access “the Property”. Additional charges will be incurred if “the Property” is not ready on the agreed date of installation (should cleaning or clearing of items from the property need to take place).
1.5 Keys: For Shift Property Styling to gain access to “the Property”, “the Client” is required to supply a copy of the required keys to Shift Property Styling to retain for the duration of the styling hire. Keys can be provided to Shift Property Styling directly by leaving a labelled copy in the letterbox located at the rear of 44 Gormanston Rd Moonah (back of No Frills Food Market). Please advise Shift Property Styling via email or text if this has been done. Alternatively, “the Client” can arrange that a copy of keys that can be collected from the selling agent (if located in the CBD) 48 hours prior to the installation date. Please note that if Shift Property Styling must collect keys and then arrange for a copy to be cut, there will be an additional $50.00 charge to “the client”.
2.1 All amounts payable by “the Client” to Shift Property Styling are payable in advance of each agreed term. The initial installation fee is due seven (7) days in advance of the installation date and requires confirmation of payment by “the Client” to be emailed to Shift Property Styling. In the event that any amount payable to Shift Property Styling is not paid in full within a stipulated time frame, all amounts payable by the Client to Shift Property Styling pursuant to this agreement will become immediately due and payable.
2.2 All amounts contemplated by this agreement are inclusive of GST.
2.3 All amounts payable by “the Client” to Shift Property Styling are accepted by credit card (via Elepay), 120 day deferred payment (financed) through Elepay or electronic funds transfer (EFT) to:
Account name: Shift Property Styling Pty Ltd Bank: Westpac
Account number: 717977
2.4 Should “the Client” wish to utilise Shift Property Styling’s deferred payment option (120 day finance plan), an application must be submitted through the link to the payment gateway and approved by the third party supplier (Elepay) for this payment to be accepted.
2.5 “The Client” agrees to pay interest at the rate of ten (10) percent per month upon any amounts payable under this agreement where such moneys are not paid upon the due date unless agreed otherwise by both parties.
2.6 Shift Property Styling reserves the right to engage the services of a collection agency to recover any amount which is overdue under this agreement. “The Client” agrees to indemnify Shift Property Styling against any charges incurred in recovering overdue amounts including but not limited to charges made by the collection agency, court fees and enforcement costs.
2.7 Where “the Client” is a Company or Trust, the directors of that Company/Trust personally guarantee the obligations of the Company/Trust under this agreement and each charges all of their real and personal property with repayment of all amounts payable to Shift Property Styling pursuant to this agreement.
3. FURNITURE AND ACCESSORIES
3.1 As part of this agreement, Shift Property Styling will install furniture and accessories in “the Property”. All furniture and accessories installed in “the Property” remains the absolute property of Shift Property Styling.
3.2 The furniture and accessories installed in “the Property” are for display purposes only. The furniture and accessories must not be used for day to day purposes and must not be moved around within or removed from “the Property” under any circumstances. No construction OR renovation work may take place in the property once the furniture and accessories have been installed. Failure to comply will result in items being removed from the property early with no refunds.
3.3 Shift Property Styling takes no responsibility whatsoever for any injury or illness caused by the goods under agreement
4. DAMAGE TO FURNITURE AND ACCESSORIES
Shift Property Styling will hold and maintain general insurance on all furniture and accessories installed in “the Property” during the lived in rental. However, any direct damage caused by “the client” using the furniture and accessories in a day to day manner during the course of this agreement will warrant the “the Client” liable for damages in terms of full replacement (payment of excess). “The client” agrees to co-operate and sign such documents as may be reasonably required by Shift Property Styling or their insurer in respect to making or processing an insurance claim.
5. DAMAGE TO PROPERTY
5.1 Should any damage to “the Property” be caused by the direct act of Shift Property Styling or their employees, upon agreement of damage, Shift Property Styling will take responsibility for rectifying the damage as soon as is reasonably practical at it’s own cost under it’s Public Liability insurance cover.
5.2 All care is taken in the property during the installation and removal of furniture. Scuffs on walls and floors can occur during open homes or inspections and are not the sole responsibility of Shift Property Styling to rectify.
5.3 Shift Property Styling will make all attempts to soft pad the base of any furniture likely to be moved on timber floors during the rental period to minimise damage and scratching (such as dining chairs and barstools).
5.4 Wall hooks are required to hang all forms of artwork in “the Property” to ensure they are securely hung (adhesive hooks are unreliable and cause more damage if/when they fail). Shift Property Styling will professionally install picture hooks (masonry walls require drilling and the use of walls plugs) but does not repatriate walls (repaint) after the rental period. Pin hooks will generally be removed at the end of the rental, but if there is a preference for hooks to remain in walls, please advise. If “the Client”has a preference for artwork not to be hung, a request must be made in advance of the styling, otherwise artwork will be hung safely using the appropriate hook.
5.5 Floor rugs are placed on timber floor boards. It is highly recommended if the floors are freshly sanded and sealed that blinds be closed as often as possible to avoid UV damage around the rug (which could leave the floors a different colour after the rental period). Shift Property Styling cannot be held responsible for UV damage to “the Property”.
6. TERM AND EXTENSION
6.1 The parties may agree to extend the initial term of this agreement and any extension will be subject to the same terms and conditions as this agreement.
6.2 No refunds will be offered should “the Property” sell prior to expiration of this agreement or subsequent extensions. Upon the property being sold unconditionally, Shift Property Styling reserve the right to remove the furniture and accessories at its earliest convenience.
6.3 Shift Property Styling will advise the client by phone, email or text of the impending end of contract date for the rental of furniture and accessories in advance of the due date. If the client has not advised Shift Property Styling of their decision within three clear working days of the agreed removal date, Shift Property Styling retains the right to remove the furniture and accessories at any time of the removal day from 7.30am onwards.
6.4 Two week extensions are billed at 30% of the initial installation cost
7. CANCELLATIONS/CHANGE OF INSTALLATION DATE
Shift Property Styling will commence the pack of a project on confirmation of receiving the signed quote acceptance form in order to meet the deadline of “the Client”. This acceptance must be received at least one week prior to the installation date. Cancellation of a installation must be made with a minimum of five full business days notice of the confirmed installation date otherwise “the Client” will incur a 20% surcharge of the installation fee quoted to cover preparation costs and removalist bookings. Change of dates of installation will be on a next available installation day basis.
8. INTELLECTUAL PROPERTY
All pictures taken by Shift Property Styling of “the Property” are the copyright of Shift Property Styling and anyone wishing to copy the detail for commercial purposes (with the exception of “the Client’s” nominated real estate agent) must seek authorisation from Shift Property Styling. Shift Property Styling reserves the right to use all pictures of “the Property” taken on behalf of “the Client” for promotional purposes, both printed and online.
9. INTERPRETATION AND DEFINITIONS
In this agreement;
9.1 where two or more persons are included in the expression “the Client” then the liability under any covenant agreement or obligation herein set forth (whether express or implied) shall be joint and several;
9.2 the expression “the Client” shall in include “the Client’s” heirs, executors and assigns;
9.3 the expressions “Shift” and “Shift Property Styling” shall mean Shift Property Styling Pty Ltd trading as Shift Property Styling;
9.4 Where “the Client” enters into this agreement as trustee of a trust, “the Client” is bound in their capacity as trustee of that trust and also in their personal capacity.