TERMS AND CONDITIONS
for Property Styling
Thank you for allowing Xhibit Interiors this opportunity to provide you with the supply of home styling services that include furniture, artworks, and other accessories. The price is for hire of furniture, artwork, and accessories for a 5-week period. All furniture, artwork and accessories will be installed and removed by Xhibit Interiors and will remain the sole property of Xhibit Interiors.
TERMS AND CONDITIONS
1. Definitions:
- (1) Accessories means, prints, paintings, soft cover cushions, vases, pots, lights, bed linen, and any other goods used by Xhibit and installed in the Property.
- (2) Client means the owner or controller of the Property;
- (3) Completion Date means the date that the Styling Services finish.
- (4) Furniture means all furniture installed by Xhibit in the Property.
- (5) Installation date means the date that the Styling Services will commence and the Furniture and Accessories are installed in the Property.
- (6) Price means the price for the Styling Services as described in the Quote.
- (7) Property means the residential or commercial property owned or controlled by the Client.
- (8) Quote means the quote for the Styling Services provided to the Client.
- (9) Removal Date means the date that the Furniture and Accessories are removed from the Property and may be the same as the Completion Date.
- (10) Selling Agent means the real estate agent selling the Property.
- (11) Styling Services means the hire and installation of the Furniture and Accessories from Xhibit by the Client under these terms and conditions.
- (12) Term means the period of the sales campaign in relation to the Styling Services, commencing on and from the Installation Date to the Completion Date.
- (13) Xhibit means Xhibit Interiors Pty Ltd ACN 078 717 807.
2. Styling Services
- (1) Xhibit provides the Styling Services to the Client, and the Client accepts the Styling Services on the terms and conditions set out in this Agreement.
- (2) The Styling Services will be provided by Xhibit for the Term.
- (3) The Client agrees that it will pay the Price, without set-off or counterclaim, as described in these terms and conditions by the due date stated on the invoice.
3. Accepting our Quote
- (1) To booking and Installation Date, the Client is required to signing the provided quote and returning to Xhibit Interiors with an approval to proceed by email. When Xhibit receives approval from the Client allocating Furniture & Accessories and packing the installation for the Property can be scheduled prior to the Installation Date. Any changes to the Quote after acceptance may incur additional costs.
- (2) Acceptance of the Styling Services described in the Quote is required within 7 days of receiving the Quote.
- (3) If Xhibit is holding an Installation Date for the Styling Services, the price described in the Quote is valid for a period of 30 days from date the Quote was issued.
- (4) An Installation Date can only be held for a maximum period of 7 days from when the Quote is provided by Xhibit. Xhibit will contact the Client if this date becomes at risk.
4. Preparation and Keys to Property
- (1) The Client is responsible for making sure the Property is prepared prior to Xhbit’s arrival on 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 Xhibit to safely access the Property.
- (2) Additional charges will be incurred if the Property is not ready on the Installation Date (should cleaning or clearing of items from the Property need to take place).
- (3) On or before the Installation Date, the Client is required to supply the required keys or access codes to Xhibit, to be retained for the Term.
- (4) Keys can be provided to Xhibit directly by leaving a labelled copy in a lockbox located at the Property. Please advise Xhibit via email or text if this has been done. Alternatively, the Client can arrange that a copy of keys can be collected from the selling agent 24 hours prior to the Installation Date.
- (5) The Client agrees if Xhibit is required to collect keys and then arrange for a copy to be cut, there will be an additional $88.00 charged to the Client.
5. Access to Property for Styling Services
- (1) The Client authorises Xhibit 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.
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(2) This authorisation includes:
(a) installation and removal of the Furniture and Accessories;
(b) access to the Property for styling reviews;
(c) hanging all prints, paintings or other artworks with appropriate gold picture hooks used for gyprock walls or nail in screws used for concrete walls. These fittings shall not be removed on the completion of the Styling Services;
(d) retention of keys during Term which will be returned to the Agent, the Client or otherwise destroyed at completion
6. Furniture and accessories
- (1) The Client acknowledges and agrees that Xhibit will install Furniture and Accessories in the Property when delivering the Styling Services.
- (2) All furniture and accessories installed in the Property remain vested absolutely in Xhibit.
- (3) The Client agrees that all 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.
- (4) The Client agrees that no construction or renovation work may take place in the Property from the Installation Date without the prior approval of Xhibit.
- (5) A failure to comply will result in one or more pieces of Furniture or Accessories removed from the Property prior to the completion of the Term, with no refund payable.
7. Damage to Furniture and Accessories
- (1) Xhibit will hold and maintain general insurance on all Furniture and Accessories installed in the Property.
- (2) However, the Client agrees that if they cause any damage to the Furniture or Accessories during the Term, the Client is liable for that damage and any resulting costs, including the full replacement cost of any item that cannot be repaired/cleaned or is otherwise covered by insurance.
- (3) If an insurance claim is made by Xhibit in regard to any damage as described in this clause 7, the Client agrees to co-operate and sign such documents as may be reasonably required by Xhibit or their insurer in respect to making or processing an insurance claim.
8. Damage to Property
- (1) If damage to the Property is caused by a direct act of Xhibit or their employees, upon agreement of the scope of the damage and costs to repair the damage, Xhibit will rectify the damage as soon as is reasonably practical at its own cost.
- (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 Xhibit to rectify.
- (3) Xhibit will use its best efforts to soft pad the base of any furniture likely to be moved on timber floors during the Term to minimise damage and scratching (such as dining chairs and barstools).
- (4) If floor rugs are placed on timber floorboards, 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). Xhibit cannot be held responsible for UV damage to the Property.
9. Term
- (1) The Term commences on the Installation date and completes on the Completion Date.
- (2) Xhibit may agree to extend the Term of this Agreement by notice in writing, any Extended Term will be subject to the same terms and conditions as this agreement.
- (3) No refunds will be offered should the Property sell prior to the expiration of the Term, or any Extended Term.
- (4) The Client agrees that Xhbit may, when the Property is unconditionally exchanged, remove the Furniture and Accessories from the Property (at its earliest convenience).
- (5) Xhibit 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.
- (6) The Term can be extended by the Client if the Furniture and accessories are available.
- (7) A week-by-week Extension Fee will apply and shall be quoted according to the size of the Property.
- (8) If the client has not advised Xhibit of their decision within three clear working days of the agreed Removal Date, Xhibit retains the right to remove the furniture and accessories at any time of the removal day from 7.30am onwards.
10. Payment
- (1) Payment of the Price is required on or before the Installation Date.
- (2) If the Client fails to pay the Price in accordance with clause 10(1), Xhibit reserves its right to immediately cancel the Styling Services.
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(3) Payment must be made into the following account:
Xhibit Interiors Ltd Pty BSB: 112908 Account Number: 472238092
11. Governing Law
- (1) This Agreement is governed by and construed in accordance with the laws of the Australian Capital Territory.
- (2) The parties submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory.
12. Entire Agreement
- (1) These terms and conditions constitute the entire Agreement between the parties and supersede all prior agreements, understandings, and negotiations, whether written or oral, relating to the subject matter of this Agreement.
- m: 0412 481 133
- e: nicole@xhibitinteriors.com.au