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1. TERM Consulting ABN 76 308 639 105 (trading as) Evolve Styling herein called the Owner.
2. Persons identified in the Rental Agreement shall herein be called the Renter.
3. Items shall be the goods supplied in the Evolve Styling Quotation.
4. The items, which includes all articles, accessories, documents or things, shall remain the sole and absolute property of the Owner and the Renter shall not sell, assign, pledge, underlet, lend or otherwise part with possession of the items and shall not without the Owner’s written consent, remove the items. The Renter will protect the items against distress, execution or seizure and indemnify the Owner against all losses.
5. The Renter is responsible for arranging clear access and ensuring power is available at the install address during delivery and/or removal of the items and that all Client – To Do tasks (if contained in the quotation) are complete prior to the install date. Failing to do so, the Renter agrees to pay all additional costs incurred by the Owner for out of scope work, delays and rescheduling.
6. The Renter shall indemnify the Owner, and keep them indemnified against loss of, or damage to, the items howsoever occasioned, and the Renter shall at their own expense, insure (including, but not limited to, insurance for fire damage and theft) and keep insured the items for full replacement value against loss or damage from any cause. The Renter may in addition to all other Charges payable under these Terms, elect to pay at the same time and in the same manner as any other Charges are due, a Risk Protection fee at the rate of 5% of the Rental Fee to cover insurance effected by the Owner. Consequent upon payment of this additional 5% fee by the Renter, the Owner shall not seek to recover from the Renter the cost of any loss of or damage to any of the items (other than loss or damage due to any negligent, wilful or intentional act).
7. In the event that the Items are lost or damaged in circumstances where a claim can be made upon insurance effected either by the Owner pursuant to these Terms or by the Renter then the Renter must:
a. Report the damage or loss to the Owner and the Police and the insurer in respect of any claim;
b. Provide all necessary co-operation to the Owner, the Police and the insurer in respect of any claim;
c. Immediately upon demand pay to the Owner an excess of $550.00 per claim on the insurance effected by the Owner or any excess payable on the insurance effected by the Renter (as appropriate);
d. The Renter shall continue making rental payments until full value of the loss or damage has been paid to the Owner.
8. In the event of this agreement being terminated in any manner whatsoever the Owner, Servants or Agents shall be entitled to enter the premises where the items are installed to retake possession thereof, any person who is in apparent authority at such premises who grants entry to the Owner or such other persons shall be deemed to do so as the Agents, and at the Request of the Renter.
9. The Renter at the expiration of the initial term of rental stated in the Summary Schedule shall continue renting the items at the Weekly Extended Rental rate until the Renter terminates the renting by giving not less than 3 business days’ notice of termination in writing to the Owner. When the property sells, the Owner reserves the right to remove the items at any time prior to the end date. Rental Pro-Rata refunds will not be provided for early termination.
10. The Renter shall pay promptly each month (or other period as agreed) in advance all rentals due to the Owner or Agents.
11. If any amount is due or unpaid, the Renter agrees to pay interest on the overdue amount at the rate of 12% per annum, calculated daily, until payment in full is received and the items have been returned.
12. If the Renter defaults in payment of rental and such default has continued for a period in excess of seven (7) days the Owner, Servants or Agents may, without prejudice to any other rights or remedies they may have by virtue of their Agreement or otherwise, attend to the collection of the arrears of rental and/or items, and the Renter shall reimburse and indemnify the Owner for all losses, costs, charges and expenses whatsoever nature incurred by the Owner in collecting or attempting to collect the arrears of rental and/or items.
13. The granting of time or indulgence of any nature by the Owner shall not affect the liability of the Renter or invalidate the right of the Owner under the agreement.
14. The Owner shall be entitled to at any time to assign the benefit of the Agreement to any person or business.
15. All items are intended for display purposes only and are not intended for use. Items are to be returned in the same condition as installed. Any costs to replace/repair damaged items or clean soiled items e.g. lounges, towels, linen or replace consumable products that have been used e.g. candles, soap etc. will be passed onto the Renter.
16. Where a bond has been paid to the Owner, the bond will be retained by the Owner for the duration of this agreement and the amount refunded to the Renter at termination of the renting and upon return of the items to the Owner providing the Renter has duly complied with all the terms and conditions therein. The Owner shall be entitled to deduct from the bond any monies due to them by the Renter under this agreement.
17. In this agreement, singular words shall include plural words, words importing persons shall apply to corporations, and masculine gender shall include the neuter genders, and two or more renters shall be bound jointly and severally.
18. When any amount is outstanding at time of termination of the rental, or at any other time, the Renter agrees to pay outstanding amounts within seven (7) days of the invoice date.
19. The Renter hereby clears the Owner from any claim, action or demand for any damage to person or property of the Renter or any persons claiming through them arising out of any use or malfunction of the rented item.
20. The Owner is not responsible for the removal or make good of any hanging devices installed e.g. hooks, screws, nails etc. that may be installed by the Owner to secure hanging items such as mirrors and paintings. If the Renter requires hanging services of their own paintings, mirrors etc., the Owner may agree to perform this service at the additional rate of $77 per hanging.
21. The Renter is required to inform the Owner prior to the acceptance of this agreement if the property is occupied by other parties or if cats or dogs will be present at any time during the rental period. It is at the Owner’s discretion whether to install rental items at occupied properties or properties where pets will be present.
22. The Owner provides a professional stylist and stock selection is subject to the stylists’ choice and stock availability. Should the Renter request a stock swap or additional items, a freight charge of $550 and a $220 re-styling fee will apply. Additional rental charges may also apply. No refund of the agreed quoted rental charge shall be provided for items requested to be removed by the Renter.
23. Where the Renter requests a cancellation or a reschedule, the following will apply:
a. Evolve will notify the Renter of the install date. Where Evolve receives notice from the Renter of cancellation in the period commencing 3 business days prior to that install date a cancellation fee equal to 25% of the invoice amount applies and if that cancellation request is received by Evolve 1 business day prior to that install date an additional 10% of the invoice amount also applies.
b. If Evolve receives a request from the Renter to reschedule an install or removal date within 1 business day or less prior to the scheduled date, the Renter incurs a fee based on the invoice amount equal to 15% for installations and 10% for removals. Evolve will notify the Renter of a new install date to which clause 23(a) will apply.
c. If Evolve attends the Install Address and is unable to proceed with the installation or removal for reasons outside of Evolves control, then additional charges may apply. Evolve will notify the Renter of a new install or removal date to which clause 23(a) will apply.
d. No refunds are provided where the Renter cancels on or after the install date notified by Evolve under clause 23(a) or (b).
24. Partial styling: Our styling service includes styling and placement of all furnishings supplied by Evolve as well as quoted areas/ items owned by the vendor (refer to the styling proposal). Our service does not include styling of any other personal accessories/ furnishings and/ or areas of the property (unless quoted) and is charged at $110 per hour when requested.