1. AUTHORITY
The Client warrants that they are authorised to enter into this agreement and irrevocably licences Shift and their employees, contractors, agents and servants to enter and remain on the Property and in any buildings erected on the Property at all reasonable times for the purpose of and in connection with the Furnishing and Staging the Property as contemplated by this agreement. This licence includes but is not limited to the right for Shift to enter and remain on the Property and in any buildings erected on the Property to install or remove the Furniture and Accessories used by Shift as contemplated by this agreement.
2. NO STRUCTURAL ADVICE
Advice given by Shift by Design is generally of a cosmetic nature and is not intended to address structural issues or matters concerning the Property. Shift by Design does not give structural advice. Before undertaking structural alterations or major repairs to the Property, the Client is strongly advised to seek relevant professional advice from a suitably qualified architect or builder.
3. NO GUARANTEE
Whilst Shift by Design will use all reasonable endeavours to enhance the value and marketability of the Property, we do not guarantee:
3.1. That the Property will sell;
3.2. That the Property will sell any faster than if Shift by Design had not provided its services; or
3.3. That the Property will return a higher price than if Shift by Design had not provided its services.
4. ADVICE AND REPRESENTATIONS
4.1. All advice given or representations made by Shift by Design are given and made in good faith but the Client should satisfy themselves as to the appropriateness of that advice or of those representations before relying upon them. The Client should ensure that they are satisfied with the cost effectiveness of Shift’s advice and that the advice is satisfactory from a health and safety perspective of those who will access the Property. Shift by Design does not accept liability for any loss, injury, cost or inconvenience sustained by any person using any information provided by Shift by Design or accessing the Property during the term of this agreement and the Client releases and indemnifies Shift in respect to the same.
5. TERM AND EXTENSION
5.1. The initial term of this agreement is as specified in item 1 of Appendix A. The parties may agree to extend the initial term of this agreement from time to time. Any extension should be in writing and will be subject to the same terms and conditions as this agreement, save as may be varied in writing by the parties.
5.2. 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 Shift by Design (which consent shall be implied if Shift accepts Furniture and Accessories rental payments from the Client) this agreement is deemed to continue on a fortnight by fortnight basis upon all of the terms and conditions of this agreement except that in addition to any other amount payable by the Client to Shift by Design the Client shall also pay Furniture and Accessories rental at a rate calculated proportionally (if necessary) as the fortnightly rate for Furniture and Accessories rental payable as specified in item 1 of Appendix A.
5.3. No refunds will be offered should the Property sell prior to expiration of this agreement.
6. PAYMENTS
6.1. All amounts payable by the Client to Shift by Design pursuant to this agreement are payable in advance. In the event that any amount payable to Shift by Design is not paid in full within a stipulated time frame, all amounts payable by the Client to Shift by Design pursuant to this agreement will become immediately due and payable (whether legally demanded or not).
6.2. All amounts contemplated by this agreement are inclusive of GST.
6.3. All amounts payable by the Client to Shift by Design pursuant to this agreement will be accepted by cash, Bpay or electronic funds transfer to:
Account name: Luttrell Investments Pty Ltd
Bank: Westpac
Branch: Sandy Bay
BSB: 037010
Account number: 171742
6.4. The Client agrees to pay interest at the rate of fourteen (14) percent per annum upon any amounts payable under this agreement where such moneys are not paid upon the due date.
6.5. Shift by Design reserves the right to engage the services of a collections agency to recover any amounts which are overdue under this agreement. The Client agrees to indemnify Shift against any charges incurred in recovering overdue amounts including but not limited to charges made by collections agencies, court fees and enforcement costs.
6.6. The Client charges all of their real and personal property with repayment of all amounts payable to Shift by Design pursuant to this agreement.
6.7. Where the Client is a company, the directors of that company personally guarantee the obligations of the Company under this agreement and each charges all of their real and personal property with repayment of all amounts payable to Shift by Design pursuant to this agreement.
7. OTHER BUSINESSES
7.1. Shift by Design may recommend or use other businesses in providing the Client with the goods and/or services contemplated by this agreement. Any business used by Shift by Design or recommended to the Client by Shift by Design is done so for the convenience of the Client only. Shift by Design accepts no responsibility for the goods or services provided by any other business which has been recommended or used by Shift by Design. The Client should satisfy themselves of the suitability of any other business before entering into any contract for goods or services with that business. Shift by Design will not engage any other Business to provide goods or services in respect of the Property without the express written consent of the Client. The Client is encouraged to provide feedback via enquiries@shiftbydesign.com.au regarding businesses used and Shift by Design will monitor good practice.
7.2. In the event that Shift by Design use or recommend to the Client another business as contemplated by the preceding sub clause of these Terms and Conditions, the Client is directly responsible for all charges, liabilities or accounts issued by that business in respect of the Property.
8. FURNITURE AND ACCESSORIES
8.1. As part of this agreement, Shift will install Furniture and Accessories in the Property. All Furniture and Accessories installed in the Property remains the absolute property of Shift by Design.
8.2. The Furniture and Accessories installed in the Property is 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. The Client indemnifies Shift in respect to any wear and tear or damage caused to the Furniture and Accessories in consequence of a breach of this clause.
8.3. Whilst Shift uses due care in providing its services as contemplated by this agreement, the Client acknowledges the following matters and releases and indemnifies Shift in respect to any loss, damage, liability, cost or demand which may arise in respect to any of the following;
8.4. That the Property may be damaged by weather including by sun or water damage. Shift 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 Shift;
8.5. That certain items of Furniture and Accessories used by Shift in the furnishing and staging of the Property will be heavy and may leave impressions, compressions, scuffs or marks on floors or walls. Whilst Shift will use all reasonable endeavours to limit the same, the Client acknowledges that some impressions, compressions, scuffs and marks are unavoidable;
8.6. That damage is often caused to properties during open homes or during inspections by potential purchasers. Shift recommend careful supervision of all people who access the Property.
9. DAMAGE TO FURNITURE AND ACCESSORIES
9.1. The Client is responsible for and agrees to indemnify Shift against any and all damage, theft, loss or destruction to the Furniture and Accessories during the term of this agreement or any extension or renewal hereof unless such damage, theft, loss or destruction is caused by Shift or their employees, contractors, agents or servants.
9.2. Notwithstanding the provisions of the preceding sub clause of this agreement, Shift will hold and maintain insurance on all Furniture and Accessories installed in the Property. If the Furniture and Accessories are damaged, stolen, lost or destroyed during the course of this agreement (other than by Shift or their employees, contractors, agents and servants), and Shift determines in its sole discretion (acting reasonably) to make a claim on its insurance in respect to the same, the Client agrees to pay to Shift a fixed sum of $2,500.00 upon demand in compensation for Shift making such a claim. The Client also agrees to co operate generally and to do such acts matters and things and sign such documents as may be reasonably required by Shift or by Shifts insurer in respect to making or processing an insurance claim. Notwithstanding the aforegoing, the parties expressly agree that if any damage, theft, loss or destruction contemplated by this clause is not covered by Shift’s insurance for any reason whatsoever (excepting because of a failure of Shift to maintain insurance), the Client will remain responsible for and agrees to indemnify Shift against the same.
10. PRIVACY AND ELECTRONIC COMMUNICATION
10.1. Shift by Design may correspond with you via email. All emails received and sent are virus checked and security of information is safeguarded as much as possible. However, it is understood that the Internet cannot be regarded as a completely secure medium.
10.2. Shift by Design will not knowingly pass your information on to another party without your authorisation.
11. INTELLECTUAL PROPERTY
11.1. All of the pictures taken by Shift by Design are the copyright of Shift by Design and anyone wishing to copy the detail for commercial purposes must seek authorisation from Shift by Design. Shift by Design reserves the right to use all pictures taken on behalf of Client for promotional purposes, both printed and online.
12. INTERPRETATION AND DEFINITIONS
In this agreement;
12.1. headings are for convenience only and do not affect interpretation;
12.2. words importing the singular or plural number include the plural and singular number respectively;
12.3. words of any gender shall include any other gender;
12.4. where two or more persons are included in the expression “the Client” then the liability under any covenant agreement or obligation herein set forth (whether express or implied) shall be joint and several;
12.5. the expression “the Client” shall in include the Client’s heirs, executors and assigns;
12.6. the expressions “Shift” and “Shift by Design” shall mean Luttrell Investments Pty Ltd trading as Shift by Design;
12.7. Where the Client enters into this agreement as trustee of a trust, the Client is bound in their capacity as trustee of that trust and also in their personal capacity.