The Client And The Styling Empire (TSE) Agree:
Preliminary
The Client has accepted their Quotation and as outlined in this Property Styling Agreement, agrees with that TSE will conduct the following work:
- Consult with the Client;
- Select, install and place furniture and goods in the Property including hanging art on the walls, using permanent fixings;
- Arrange collection and delivery of furniture and goods;
- If requested, organise tradesmen to undertake work as agreed with the Client;
- Other work incidental to the provision of property styling services for the Client, in accordance with the package chosen by the Client.
The Client authorises TSE, her employees, contractors, agents and servants to:
- Enter the Property at all reasonable times to undertake the Work;
- Install and place furniture and goods in and on the Property;
- Install permanent fixings (hooks / screws) to hang art and mirrors;
- Move or remove existing furniture and goods on the Property;
- Arrange for, or make, repairs to the Property or anything on the Property;
- To do all other things reasonably necessary to undertake the Work.
- TSE does not provide a warranty, guarantee their quality of work and is not responsible for their performance. TSE will observe the work being done to ensure the goal of the project is on track.
- TSE will not be liable for any damages to any existing furniture used, which may be owned by the client. TSE does not accept liability for any loss, injury, cost or inconvenience sustained by any person or otherwise caused in undertaking the Work.
The Client agrees that;
- Premises are secured during the period of the property styling contract and any extended periods.
- The environment will remain smoke free and free of any other emissions / smells that may damage the property styling furniture and goods.
- Unless agreed in writing, the styled property will not be occupied.
- No pets will be present at the property.
- If styling is required beyond the allocated period to pay additional fees (minimum weekly extensions) as may be invoiced at that time, they are due on commencement of the new contract period.
- Acknowledge that the styling stock may already be allocated to other contracts and an extension of property styling period cannot be guaranteed.
- The Client agrees that TSE has the right to nominate a day and time convenient to TSE for the delivery/pick up of the display stock.
Total Cost
The Total Cost shall be the total of the following: –
- The cost of the Work undertaken by TSE in accordance with the agreed Quotation accepted by the client.
- Any costs associated with processing of transactions like credit card, visa debit may be applicable.
- Any additional fees that may be applicable including but not limited to costs to repair, replace or restore property styling stock damaged by pets, smoke or any other action environmental or human including theft and loss.
- Where the client requests changes to styling or stock provided and / or the provision of additional or removal of all or part of the property styling stock after the installation;
- i.This service will be provided as soon as possible given existing scheduled installations.
- ii. Will be charged at the following rates (door to door) and forms part of the total costs requiring pre-payment:
- 1. Stylists – $55/hr each.
- 2. Removalists – either $110/hr or $150/hr (small or large truck requirement).
- 3. Stock on hand – at standard hire rates (20% wholesale purchase price).
- 4. Additional stock to be purchased – at cost.
Deposit
A Deposit may be requested to secure the Client’s Scheduled Date of Staging.
Tax Invoices
- TSE shall issue the Client with a tax invoice for the Total Cost.
- The tax invoice is payable in full two workdays before the scheduled staging day.
- A fee of 50% deposit is payable between the Client to TSE upon acceptance of written Quotation. The remaining 50% fees payable will be due 48 hours before installation.
- Where subsequent Tax Invoices are issued for extension of lease of items, new charges relating to the cost will be applicable as per the new terms and payable as per the tax invoice.
- The Client agrees to pay interest at the rate of two percent (2%) above the commercial interest rate of TSE calculated on a daily basis on amounts not paid within the time specified in TSE Quotation.
- The Client must pay to TSE any costs, expenses or losses incurred by TSE as a result of the Client’s failure to pay to TSE all sums outstanding as owed by the Client to TSE including without limiting the generality of the forgoing any debt collection and legal costs incurred in enforcing payment on a solicitor and own client basis.
- In the event that TSE is unable to gain access for any reason, the Client shall pay all additional costs incurred by TSE for the re-delivery or re-pick up of the display stock and TSE may invoice the Client for such costs.
- Any tax invoice delivered to the Client under clause 6(g) shall be paid by the Client within seven (7) days of receipt.
Cancellation and Deferral of Styling
- Should the client cancel styling with at least a minimum of four work days’ notice or more (by email: info@thestylingempire.com) an 80% refund is provided.
- Should the client cancel with two work days’ notice a 50% refund is provided.
- No refund is provided where notice of cancellation occurs the day prior to or the day of the scheduled styling installation.
- Deferrals and changes of date are accommodated without cost provided a minimum of 1 weeks’ notice is provided. Any less notice will incur a 20% fee.
- Early return of stock does not incur a refund or rebate.
Contractors for Pre-Sale Maintenance Works
- The Client shall directly enter into contracts with suppliers, tradesmen.
- TSE 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 the TSE or the Client, to undertake any part of the Work or any repairs or alterations which may be suggested by the TSE.
Warranty and Indemnity
- The Client acknowledges that the advice given by the TSE is of a cosmetic or aesthetic nature and does not extend to the provision of structural or building advice.
- The Client shall seek its own professional advice in respect of any structural alterations or repairs which are to be undertaken.
- TSE makes no warranty that the Property will sell or will sell any quicker or for a higher price than if TSE had not undertaken the Work.
- TSE shall not be liable for any damage caused to the Property because of moving, installing or placing any furniture or goods in the Property, installing art or fixings for art and mirrors, or otherwise caused in undertaking the Work.
- The Client indemnifies TSE against all loss, damage, claims, cost or expense which may be incurred or suffered by TSE in connection with the Work or because of the failure by the Client to pay monies as and when due to the TSE, suppliers or contractors, including legal costs on an indemnity basis.
- Where the Client is a company, the directors agree, in consideration of the TSE entering into this Agreement with the Client, to personally guarantee the obligations of the Client under this Agreement, and charge all their real and personal property with repayment of all amounts payable to the TSE under this Agreement.
- TSE does not provide refunds in whole or part once installation is completed, changes requested are made at cost.
Insurance
- TSE insures property styling stock whilst in our warehouse and in transit. The insurance policy is to the value of $10,000 inclusive of gst and up to $2,500 for any one item.
- The Client is liable for the equivalent amount of the excess: $500.00 inclusive of gst. The client is also liable for the value of any stock loss exceeding $10,000 inclusive gst. and once placed at the property against loss resulting from damage, theft, vandalism, fire and storm damage. Check with TSE to determine the value of the stock held at each job. All amounts payable relating to the claim must be settled within 7 business days or interest and penalties will accrue.
- Arrange Client’s own insurance cover to protect TSE stock against the risk of loss or damage other than the risk covered by TSE own insurance cover as provided for in clause 10(a) of this contract and provide evidence of such insurance cover to TSE if so requested.
- The Client and Client’s agents must report any loss immediately to the TSE and undertake all reporting to the Police where theft or damage and loss is malicious and do anything else as may be required to facilitate the Insurance Claim.
Intellectual property
- TSE 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 the TSE, and the TSE reserves the right to use the photographs for any purpose, including but not limited to promotional, training and any other purposes.
- The Client grants TSE a non-exclusive license to use images produced by others of the Property and of the Work for the same purposes as outlined in 11(a).
- The Client may opt out of the use of these images for external promotional purposes by indicating in the Property Styling Agreement.
- The client may share images of the completed project on social media, websites, etc however, we kindly request that all sharing contents are noted as TSE.
Frustration of contract
In the event that the TSE is rendered unable, wholly or in part, to comply with the 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 TSE, TSE’s obligations under this Agreement shall be suspended for such time as appears reasonable to TSE.
Install Of Furniture And Accessories
As part of this Agreement, TSE will install furniture and accessories in the Property on a hire for display basis only and the Client shall have no claim as to the ownership of such Furniture and Accessories.
The Furniture and Accessories installed in the Property is for display purposes only. Specified covers may be presented to the Client for outdoor lounges/tables for protection from the elements whilst the property is not subject to an “Open House” or “Appointment for Inspection”.
The Client indemnifies TSE in respect to any unreasonable wear and tear (the cost of dry cleaning may be charged to the Client) or damage caused to the Furniture and Accessories in consequence of a breach of this clause.
Damage
Whilst TSE uses due care in providing its Services, the Client releases and indemnifies TSE in respect to any loss, damage, liability, cost or demand which may arise in respect to any of the following:
- That certain items of furniture and accessories used by TSE in the furnishing and styling of the Property will be heavy and may leave impressions, compressions, scuff or marks on floors or walls. Whilst TSE will use all reasonable endeavours to limit the same, the Client acknowledges that some impressions, compressions, scuffs and marks are unavoidable; and
- That damage caused to the Property during “Open Houses” or during “Appointment for Inspections” by potential purchasers. TSE recommend careful supervision of all people who access the Property; and
- That the Property may be damaged by weather including by sun or water damage. TSE recommend that appropriate window treatments are installed and used so as to prevent damage to the Property and the Furniture and Accessories installed by TSE. Outdoor lounges and tables to be covered with specified covers provided by TSE when the Property is not subject to “Open Houses” or during “Appointment for Inspections” by potential purchasers.
Privacy
TSE will only use any personal information supplied by the Client for the purpose of providing the Services and/or coordinating agreements with third party suppliers unless the Client Agrees otherwise.
Dispute Resolution
Any dispute or difference between the Client and TSE may be notified by a party to the other party and the parties shall firstly meet to negotiate, in good faith, resolution of the dispute and secondly, if negotiation fails to achieve a resolution of the dispute within five (7) working days of the notification of the dispute, attend mediation, administered in accordance with procedures as set out by the Institute of Arbitrators and Mediators Australia. Provided that this provision shall not prevent TSE from instituting legal action at any time to recover monies owing by the Client to TSE.
Purchasing and Warranty
At client/s request, materials, fixtures and furnishings can be purchased on behalf of the client from TSE when and if available. Warranties for purchases will be the responsibility of the client. All purchases made on behalf of the client/s require a sign off on the order and a 20% deposit. A separate agreement/invoice will be presented to the client for approval, signature, and payment.
Thank you for choosing The Styling Empire and we look forward to styling your property.