Terms & Conditions
Defined terms in this Agreement are set out in clause 13.
1.2 The terms of this Agreement become effective upon acceptance of the Proposal by the Customer and form a contract between CHS and the Customer.
1.3 The Customer acknowledges and agrees that the Staging Services are provided on a consultative basis with the Customer, however CHS retains creative discretion in respect of the final selection, styling and arrangement of all Staging Items.
1.4 Once the Staging Items have been delivered, styled and arranged to the professional satisfaction of CHS, additional Fees may apply (and may be payable in advance) if the Customer requests CHS to change and/or re-style any Staging Items during the Staging Term.
1.5 The Customer must only use the Staging Items for the purpose for which they are intended (for example, indoor furniture must not be used outdoors) and in accordance with the reasonable directions of CHS.
1.6 The Customer agrees not to remove or allow any other person to remove the Staging Items from the Premises without the written consent of CHS.
1.7 For any Staging Items provided to the Customer that are soiled, damaged, destroyed or lost during the Staging Term (by no fault of CHS), the Customer agrees that to pay to CHS the full cost to clean, repair and/or replace such Staging Items, including reasonable transportation and handling costs.
2.1 CHS and the Customer shall agree on the Delivery Date of the Staging Items.
2.2 The Delivery Date may only be rescheduled subject to CHS’ approval, and dependent on CHS’ availability to provide the Staging Services on the rescheduled Delivery Date.
2.3 The Customer acknowledges that rescheduling the Delivery Date may result in the Customer incurring additional Fees, which CHS may charge at its discretion. Any additional Fees incurred must be paid prior to the new Delivery Date. In the event of non-payment in such circumstances, CHS may deduct the additional Fee from the Deposit.
2.4 CHS and its contractors may refuse to perform the Staging Services if they determine that the Premises is unsafe, unhygienic and/or not fit for housing the Staging Items (for example, Staging Items being exposed to the elements), and CHS shall give the Customer written notice that of what is required in order to perform the Staging Services.
2.5 When presented with the written notice as per clause 2.4 above the Customer must notify CHS within 5 Business Days of its election to:
(a) Pay any additional Fees to complete the Delivery; or
(b) Cancel this Agreement and forfeit the Deposit.
3 Access to premises
3.1 The Customer must ensure that CHS and its contractors have access to the Premises at all reasonable times throughout the duration of the Staging Term to allow CHS to:
(a) Perform the Staging Services;
(b) Inspect the Staging Items; and
(c) Remove the Staging Items.
3.2 The Customer warrants that they are the legal owners of the Premises. If this is not the case, then the Customer is responsible for obtaining the necessary consents to provide CHS and its contractors access to the Premises in order to enable CHS to lawfully provide the Staging Services.
4.1 The Customer agrees to notify CHS no less than 5 Business Days prior to the end of the Staging Term of their intention to either extend the Staging Term or arrange for the removal of Staging Items from the Premises. If no notice is provided, the Customer authorises CHS to attend the Premises and remove the Staging Items after the end of the Staging Term.
4.2 The Customer may request early removal of the Staging Items (for example, if the Premises is sold) by giving CHS no less than 5 Business Days’ written notice. For clarity, no additional Fees apply for early Removal during the Staging Term.
5.1 Where the Customer requires an extension of the Staging Term, they must provide an Extension Request to CHS no less than 5 Business Days prior to the cessation of the Staging Term. In such circumstances CHS may, at its absolute discretion, choose to accept or reject an Extension Request.
5.2 If CHS accepts an Extension Request, CHS will render an invoice to the Customer and such invoice is due and payable within 3 Business Days of the commencement of the subsequent extension period falling upon which CHS may attend the Premises and recover the Staging Items.
6.1 The Customer is responsible in notifying CHS immediately of any accident or damage to the Staging Items following the Delivery.
6.2 If the Staging Items is found to be damaged, defective or otherwise not fit for purpose upon Delivery, then the Customer shall notify CHS of the issue in writing within 3 Business Days from the Delivery Date.
6.3 When presented with the information in clause 6.2 above, the Customer shall grant CHS access to the Premises to determine the nature and extent of the alleged issue CHS a reasonable amount of time to rectify the alleged issue (which in default shall not be less than 5 Business Days).
(a) Unless agreed otherwise in the Proposal or in writing between the parties, all Fees for the Staging Services are due in full prior to Delivery.
(b) CHS will charge the Customer such Fees as specified in the Proposal and/or as accepted by the Customer.
(d) All payments shall be made by deposit into CHS’s nominated bank account or in such other manner as CHS may direct from time-to-time.
(e) CHS may cancel this Agreement, cancel the Delivery and/or refuse to perform the Staging Services in the event the Customer fails to make a payment when due.
7.2 GST. GST is applicable to any Fees charged by CHS to the Customer. Unless expressed otherwise, all Fees shall be deemed exclusive of GST. CHS will provide the Customer with a Tax Invoice for any payments.
(a) In the event that the Customer cancels the Staging Services in whole or part to CHS, then no refunds of Fees paid shall apply, except in the discretion of CHS.
(b) In the event of CHS cancels the Staging Services in whole or part due to no fault of the Customer, CHS shall refund the appropriate proportion of the Fees for the Staging Services to the Customer within 10 Business Days from cancellation or removal of the Staging Items, whichever is the sooner.
8 Photographs & Promotion
8.1 The Customer acknowledges and agrees that CHS may take photographs of the Premises with and without the Staged Items for its promotional purposes.
8.2 The Customer grants CHS authority to use the Premises address for the purposes of promoting CHS’ works.
8.3 CHS grants the Customer authority to take photos of and use the Staged Items in all promotions of the Premises.
9.1 This Agreement shall end when the Staging Services have been completed by CHS (generally at the cessation of the Staging Term) or as agreed by the parties in writing.
9.2 Without affecting any other rights or obligations of the parties, either party may terminate this Agreement by giving the other party no less than 5 Business Days’ written notice.
9.3 CHS may terminate this Agreement at any time prior to the Delivery of Staging Items without penalty or liability to the Customer.
(a) The other party is in breach of this Agreement, and does not remedy the breach within a reasonable time (which shall not be less than 5 Business Days) of receiving written notice of the breach;
(b) The other party commits a breach of the Agreement that is incapable of remedy; and/or
(c) The other party repetitiously or wilfully breaches this Agreement.
9.5 Should the Customer terminate this Agreement without cause, it shall remain liable to pay any Fees that it had agreed to pay CHS for all active and/or delivered Staging Services.
9.6 Where the Customer is in breach of this Agreement as set out in clause 9.3 above, CHS may take all steps necessary to recover and repossess the Staging Items, including entering the Premises in order to do so. In such circumstances, CHS shall provide written notice to the Customer of its intention to enter the Premises to recover the Staging Items no less than 5 Business Days, and the Customer indemnifies CHS against any liability, damage, loss, cost, charge or expense arising directly or indirectly out of CHS exercising its right of entry.
10.1 The Customer agrees that all use of the Staging Items is at the Customer’s own risk.
10.2 The Customer acknowledges that CHS is not responsible for of any person that uses the Staging Items during the Staging Term at the Premises, and that CHS is not liable for such under any circumstances.
10.3 The Customer agrees to indemnify CHS for any loss, damage, cost or expense that CHS may suffer or incur as a result of or in connection with the Customer’s use of or conduct in connection with the Staging Items, including any loss or damage to Staging Items and/or breach by the Customer of this Agreement.
10.4 In no circumstances will CHS be liable for any direct, incidental, consequential or indirect damages, personal injury, death, damage to property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the Customer’s access to, or use of, or inability to use the Staging Services or Staging Items, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not CHS knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.
10.5 Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, CHS and CHS’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, CHS’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at CHS’s option to:
(a) The re-supply of services or payment of the cost of re-supply of services; or
(b) The replacement or repair of goods or payment of the cost of replacement or repair.
11.1 The Customer can direct notices under this Agreement to CHS at its email address or other contact details as published on the CHS website, or as communicated to the Customer in writing. CHS will notify the Customer of a change of details from time-to-time.
11.2 CHS will send the Customer notices and other correspondence to the details that the Customer submits to CHS, or that the Customer notifies CHS of from time-to-time. It is the Customer’s responsibility to update its contact details as they change.
11.3 Notices must be sent to the parties’ most recently known working contact details.
12.1 Retention of Title. CHS remains the owner of all Staging Items and nothing in this Agreement grants any rights, title or interest in respect of the Staging Items to the Customer.
12.2 Prevalence. To the extent that the Proposal is inconsistent with the terms of this Agreement, the terms of the Proposal shall prevail.
12.3 Amendments and Variations. This Agreement can only be amended, supplemented, replaced or novated by written agreement between the parties, which includes any change to the Staging Term and/or the Staging Services.
12.4 Assignment. CHS may assign its rights and interests in this Agreement by giving the Customer written notice. The Customer may only assign its rights and interests in this Agreement with the written consent of CHS.
12.5 Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement and the Proposal.
12.6 Relationship. CHS is an independent contractor to the Customer and nothing in this Agreement forms a relationship of employment, partnership or joint venture.
12.7 Subcontracting. CHS may subcontract any of the Staging Services (in particular delivery and removal of Staging Items) in its discretion.
12.8 Waiver. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
12.9 Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.
12.10 Governing Law. This Agreement is governed by the laws of the state of Queensland, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
12.11 Time. Time is of the essence in this Agreement.
12.12 Electronic Communication.
(a) The parties acknowledge and agree that this Agreement is binding upon each party if accepted or executed digitally, and/or conveyed by electronic communication.
(b) A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
12.13 Counterparts. This Agreement may be executed in any number of counterparts. All counterparts together will be taken to constitute one instrument.
12.14 Severability. Any clause of this Agreement, which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.
13.1 Definitions. The following definitions apply in this document:
(a) ABN means Australian Business Number.
(b) Agreement means these Terms & Conditions and the agreement formed by them in conjunction with the terms of the Proposal.
(c) Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Cairns, Queensland.
(d) Cairns Home Staging / CHS means Auki Pty Ltd ABN 94 144 852 040 trading as Cairns Home Staging.
(e) Customer means the legal person(s) engaging CHS to provide the Staging Services, as set out in the Proposal and/or as agreed by the parties in writing.
(f) Delivery means the delivery of the Staging Items to the Premises.
(g) Delivery Date means the date the Staging Items are delivered to the Premises.
(h) Deposit means the upfront amount paid by the Customer (if any), refundable to the Customer upon completion of the Staging Services subject to deductions from any additional Fees incurred by the Customer (if any), as set out in the Proposal and/or agreed in writing by the parties, which in default shall be $500.
(i) Extension Request means a written notice from the Customer requesting an extension of the Staging Term.
(j) Fee means a fee charged by CHS for the provision of the Staging Services, as notified to the Customer in writing.
(k) GST has the same meaning as in A New Tax System (Goods and Staging Services Tax) Act 1999 (Cth).
(l) Premises means the property where the Staging Services are performed, and the Staging Items are housed, during the Staging Term.
(m) Privacy Act means the Privacy Act 1988 (Cth).
(n) Proposal means the means any scope, statement of work or quote prepared by CHS setting out the inclusions and terms of the Staging Services.
(o) Staging Items means any furniture, artwork, rugs, décor, objects and other physical items provided by CHS for the purpose of providing the Staging Services.
(p) Staging Services means:
i The provision, delivery, styling and arrangement, and removal of Staging Items, for the purpose of decorating the Premises during the Staging Term; and/or
ii Any other services provided by CHS;
as set out in the Proposal, and/or as agreed between the parties from time-to-time.
(q) Staging Term means the period in which the Staging Items are in the Premises, which in default shall be 6 weeks from the Delivery Date, or otherwise as agreed by the parties in writing.
(r) Tax Invoice has the same meaning as in A New Tax System (Goods and Staging Services Tax) Act 1999 (Cth).
(f) A reference to a party to this Agreement or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).
(h) A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.