DEFINITIONS & INTERPRETATION
For the purposes of this Agreement, “Living Synergy” means Living Synergy Developments Pty Ltd ABN 45 146 281 923 trading as Living Synergy Property Styling and it’s successors and assigns or any other person acting on behalf of and with the authority of Living Synergy; “the Client” is the business entity or home owner/s named on Living Synergy’s Quotation and engaging Living Synergy to provide services as detailed in Living Synergy’s quote; “Furniture and Accessories” mean the products sourced by Living Synergy on a hire for display basis; “Property” means the building where Living Synergy’s services are to be provided; “Quotation” is Living Synergy’s estimate of the services to be provided to the Client pursuant to these terms and conditions; and “Services” mean the creation, implementation and supervision of property staging to enhance the value and marketability of the Property.
After consultation with the Client, Living Synergy will provide a Quotation based on recommendations and a plan of action and duly signed by both parties as acceptance.
The Client grants to Living Synergy permission to enter and remain on the Property to install or remove the furniture and accessories used by Living Synergy. The Client shall ensure that the Property is accessible to Living Synergy for the duration of the Services.
All recommendations given by Living Synergy are of an aesthetic/cosmetic nature only. Living Synergy does not give structural advice. Before undertaking structural alterations or major repairs to the Property, the Client should seek professional advice from a suitably qualified architect or builder.
Living Synergy will use all reasonable endeavours to present the Property in the best possible manner to potential buyers, but cannot guarantee the Property will sell faster or at the highest market value and is not responsible for the final outcome of any sale of the Property.
ADVICE AND REPRESENTATIONS
Any advice given and representations made by Living Synergy are given and made in good faith but the Client should satisfy themselves with the cost effectiveness of Living Synergy’s advice and to the appropriateness of that advice or of those representations before relying upon them.
HEALTH AND SAFETY
The Client should ensure that Living Synergy’s advice is satisfactory from a health and safety perspective of those who will access the Property. Living Synergy does not accept liability for any loss, injury, cost or inconvenience sustained by any person using any information provided by Living Synergy or accessing the Property during the term of this Agreement and the Client releases and indemnifies Living Synergy in respect to the same.
TERM AND EXTENSION
The initial term of this Agreement is as specified in Living Synergy’s Quotation. The parties may agree to extend the initial term of this Agreement by signing a written variation to the original Quotation.
If after the expiration of the initial term or any extension of this Agreement the furniture and accessories shall remain in the Property with the consent of Living Synergy (which consent shall be implied if Living Synergy accepts furniture and accessories rental payments from the Client) this Agreement is deemed to continue on an mutually agreed basis upon all of the terms and conditions of this Agreement except that in addition to any other amount payable by the Client to Living Synergy the Client shall also pay furniture and accessories rental at a rate calculated proportionally (if necessary) on the agreed rate for furniture and accessories rental payable as specified in Living Synergy’s quotation.
No refunds will be offered should the Property sell prior to expiration of this Agreement.
Notwithstanding the foregoing, if the Client fails to fulfill or abide by any terms under this Agreement, including nonpayment of fees, Living Synergy may terminate the Agreement without notice and immediately remove all furnishings and accessories.
All fees payable by the Client to Living Synergy pursuant to this Agreement are due in full prior to the start of the Services unless otherwise agreed in writing. Fees charged are inclusive of GST.
The Client is responsible for the payment of third party suppliers introduced or arranged by Living Synergy with the Client’s consent.
The Client agrees to pay interest at the rate of two percent (2%) above the commercial interest rate of Living Synergy’s bank calculated on a daily basis on amounts not paid within the time specified in Living Synergy’s Quotation.
The Client must pay to Living Synergy any costs, expenses or losses incurred by Living Synergy as a result of the Client’s failure to pay to Living Synergy all sums outstanding as owed by the Client to Living Synergy 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.
THIRD PARTY SUPPLIERS
Living Synergy may recommend third party suppliers, but will not engage any other business to provide goods or services in respect of the Property without the express written consent of the Client and the Client will be directly responsible for all charges, liabilities or accounts issued by that business in respect of the Property. The Client must satisfy themselves with the expertise, qualifications and insurance cover of any other business before entering into any contract for goods or services with that business. Living Synergy accepts no responsibility for the goods or services provided by any other business which has been recommended or used by Living Synergy.
INSTALLATION OF FURNITURE AND ACCESSORIES
As part of this Agreement, Living Synergy 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 mainly for display purposes. The Furniture and Accessories may be used for day to day purposes if used with care and should not be moved around within or must not be removed from the Property. The Client indemnifies Living Synergy 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.
Whilst Living Synergy uses due care in providing its Services, the Client releases and indemnifies Living Synergy in respect to any loss, damage, liability, cost or demand which may arise in respect to any of the following:
a) that the Property may be damaged by weather including by sun or water damage. Living Synergy recommend that appropriated window treatments are installed and used so as to prevent sun damage to the Property and the Furniture and Accessories installed by Living Synergy; and
b) that certain items of furniture and accessories used by Living Synergy in the furnishing and staging of the Property will be heavy and may leave impressions, compressions, scuffs or marks on floors or walls. Whilst Living Synergy will use all reasonable endeavours to limit the same, the Client acknowledges that some impressions, compressions, scuffs and marks are unavoidable; and
c) that damage caused to the Property during open homes or during inspections by potential purchasers. Living Synergy recommend careful supervision of all people who access the Property.
RENTED FURNITURE AND ACCESSORIES
The Client accepts all liability for the cost of repairing or replacing damaged, lost or stolen pieces of rented Furniture or Accessories and agrees to pay for the cost of replacing any such damaged, lost or stolen items unless such damage, theft or loss is caused by Living Synergy.
Living Synergy 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.
The Client agrees to allow Living Synergy to photograph staged areas of the Property before and after the Services are completed and to use such photographs for marketing purposes, both printed and online. The Client agrees that Living Synergy owns all right, title and interest (including without limitation all copyright) in all such photography. Anyone wishing to copy the detail for commercial purposes must obtain Living Synergy’s prior written consent.
The Client gives permission for the use in Living Synergy’s portfolio any professional photography of the Property.
Living Synergy will install picture hooks where artwork is required, these will remain in place after pick up.
Any dispute or difference between the Client and Living Synergy 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 (5) 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 Living Synergy from instituting legal action at any time to recover moneys owing by the Client to Living Synergy.
Any provision in these terms and conditions which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. If that provision cannot be read down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these terms and conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
GOVERNING LAW AND JURISDICTION
These terms and conditions are governed by the laws of Queensland and the Client and Living Synergy submit to the jurisdiction of its courts.