Terms and Conditions – Property Styling Agreement
THE CLIENT AND PROPERTY STYLING MELBOURNE (PSM) AGREE:
Preliminary
- The Client has accepted their Quotation and as outlined in this Property Styling Agreement, agrees with that PSM will conduct the following work: –
(a) Consult with the Client;
(b) Select, install and place furniture and goods in the Property including hanging art on the walls, using permanent fixings;
(c) Arrange collection and delivery of furniture and goods;
(d) If requested, organise tradesmen to undertake work as agreed with the Client;
(e) 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 the PSM, her employees, contractors, agents and servants to:-
(a) Enter the Property at all reasonable times to undertake the Work;
(b) Install and place furniture and goods in and on the Property;
(c) Install permanent fixings (hooks / screws) to hang 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.
- The Client agrees that;
(a) Premises are secured during the period of the property styling contract and any extended periods
(b) The environment will remain smoke free and free of any other emissions / smells that may damage the property styling furniture and goods
(c) Unless agreed in writing, the styled property will not be occupied
(d) No pets will be present at the property
(e) If styling is required beyond the allocated period to pay additional fees (minimum weekly extensions) as may be invoiced at that time, in advance.
(f) Acknowledge that the styling stock may already be allocated to other contracts and an extension of the property styling period cannot be guaranteed.
(g) PSM is permitted to liaise with the Real Estate on their behalf to facilitate entry to the property to enable install and removal of styling stock.
- Total Cost
The Total Cost shall be the total of the following: –
(a) The cost of the Work undertaken by PSM in accordance with clause 1 as agreed in the Quotation accepted by the client.
(b) Any costs associated with the processing of transactions (approximately 1%-1.4% additional cost to process payment via merchant facilities like a credit card, visa debit, or other methods)
(c) 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
(d) 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 $149/hr or $169/hr (small or large truck requirement) – please note prices charged are estimates and actual prices charged by removalist contractors will be passed onto the client
3. Stock on hand – at standard hire rates (20% wholesale purchase price)
4. Additional stock to be purchased – at cost
(d) Extension Fees: if the client requests that the styling stock remains in situ beyond the original 6 week period (or other period as negotiated) or if the client is unable to be contacted on their nominated phone and email address to organise the removal of the styling stock on the expiry of the contract an extension invoice will be issued at the rate of 1/6 total original cost inc GST.
- Deposit
(a) A Deposit may be requested to secure the Client’s Scheduled Date of Staging
- Tax Invoices
(a) PSM shall issue the Client with a tax invoice for the Total Cost.
(b)The tax invoice is payable two work days before the scheduled staging day, unless the client has opted to use the available Layby service.
(c)Where the Layby service is used a completed and accepted agreement must be finalised two work days prior to the scheduled staging day.
(d) Where the Layby service is used the 10% deposit must also be paid two work days prior to the scheduled staging date.
(e) Where subsequent Tax Invoices are issued for new charges relating to the Total Cost, these require payment prior to the delivery of the service or stock or other items as may be required.
(f) Where contract extensions are requested clients will be invoiced and payment must be received at least 2 work days in advance of the extension.
(g) Any nonpayment of extension or any other subsequent invoices invalidates the contract and will result in removal of all styling stock from the property.
- Cancellation and Deferral of Styling
(a) Should the client cancel styling with at least a minimum of three work days’ notice or more (by email: hello@propertystylingmelbourne.com.au or text message to 0427 262 583) an 80% refund is provided
(b) Should the client cancel with two work days’ notice a 50% refund is provided
(c) No refund is provided where notice of cancellation occurs the day prior to or the day of the scheduled styling installation.
(d) Deferrals and changes of date are accommodated without cost provided a minimum of 1 full work days’ notice is provided. Any less notice will incur a 20% fee.
(e) Early return of stock does not incur a refund or rebate.
- Contractors
(a) The Client shall directly enter into contracts with suppliers and tradesmen.
(b) PSM 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 PSM or the Client, to undertake any part of the Work or any repairs or alterations which may be suggested by the PSM.
- Warranty and Indemnity
(a) The Client acknowledges that the advice given by the PSM is of a cosmetic or aesthetic nature and does not extend to the provision of structural or building advice.
(b) The Client shall seek its own professional advice in respect of any structural alterations or repairs which are to be undertaken.
(c) PSM makes no warranty that the Property will sell or will sell any quicker or for a higher price than if PSM had not undertaken the Work.
(d) PSM shall not be liable for any damage caused to the Property by either PSM staff or contractors 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.
(e) The Client indemnifies PSM against all loss, damage, claims, cost or expense which may be incurred or suffered by PSM in connection with the Work or because of the failure by the Client to pay monies as and when due to the PSM, suppliers or contractors, including legal costs on an indemnity basis.
(f) Where the Client is a company, the directors agree, in consideration of the PSM 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 PSM under this Agreement.
(g) PSM does not provide refunds in whole or part once the installation is completed, changes requested are made at cost per 4. (c)
- Insurance
(a) PSM insures property styling stock whilst in transit and once placed at the property against loss resulting from damage, theft, vandalism, fire, and storm damage, excluding flood. The insurance policy is to the value of $10,000 inclusive of gst and up to $2,500 for any one item.
(b) 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. Check with your PSM to determine the value of the stock held at each job. All amounts payable relating to the claim must be settled within 5 business days or interest and penalties will accrue.
(c) The Client and Client’s agents must report any loss immediately to the PSM 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
(a) The PSM 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 PSM, and the PSM reserves the right to use the photographs for any purpose, including but not limited to promotional, training and any other purposes.
(b) The Client grants PSM 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)
(c) The Client may opt out of the use of these images for external promotional purposes by indicating in the Property Styling Agreement.
- Frustration of contract
(a) In the event that the PSM is rendered unable, wholly or in part, to comply with her obligations under this Agreement by reason of an 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 the PSM, the PSM’s obligations under this Agreement shall be suspended for such time as appears reasonable to the PSM.
(b) In the event that Government directives related to the current Coronavirus or any other similar situation, prevent the client from conducting in-person property inspections or auctions the client is not entitled to a refund or any extension of the 6 week contract period. This applies to all new styling installations dated from 1st October 2021. Any extensions to the initial contracted period of 6 weeks that may be requested and supplied at cost as per Items 4 and 6.