‘AHS’ means Auckland Home Staging Limited (8334001) and shall include its agents, directors and employees.
‘Customer’ means any person who utilises the services of AHS and any person acting on behalf of, and with the authority of, the customer.
‘Services’ shall mean all goods, services, documentation, data and advice provided by AHS to the Customer in relation to staging a property for sale, the delivery and placement of Staged Items, expertise involved in property staging and the removal of the Staged Items at the end of the term.
‘Staged Items’ means all of the hard furnishings, soft furnishings and accessories supplied by AHS to the Customer from time to time;
‘Fee’ shall mean the cost of the Services as agreed between AHS and the Customer and shall include all disbursements, additional costs and expenses otherwise incurred by AHS in accordance with these Terms.
The Customer has been afforded an opportunity to read these Terms and obtain advice and to negotiate changes hereto.
The rule of construction that the agreement be interpreted against the drafter does not apply. No good faith principles are to be interposed and the parties agree to deal with each other on the terms contained herein.
‘Terms’ means these terms and conditions of service.
2. ACCEPTANCE
Any instructions received by AHS from the Customer for the supply of Services shall constitute a binding contract and acceptance of these Terms.
All amounts are in New Zealand Dollars and are exclusive of GST unless otherwise stated.
3. PAYMENT TERMS
Payment for Services shall be made in full on the date of the invoice (the “due date”) unless otherwise agreed. Payment is expected in full before AHS stages the property.
Interest may at the discretion of AHS be charged on any amount owing after the due date at the rate of 5% per annum above AHS’ banks commercial overdraft interest rate.
Any expenses (including debt collection agency and service fees), disbursements and legal costs (including legal costs on a solicitor-client basis) incurred by AHS in the enforcement of any rights contained in this contract shall be paid by the Customer on demand.
Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in All payments are to be made by means of an electronic funds transfer or cash payment unless otherwise agreed by AHS.
A deposit may be required and if required, no Services will commence until the deposit is paid and the Customer will have no claims for any resultant delays.
AHS reserve the right to alter the quotation because of circumstances beyond its control and unknown to it at the time of the quotation such as property access issues, extensions, Customer failing to provide access and having to re-deliver the Staged Items etc.
Where additional Services are required, in addition to the Services noted in the quotation (being an estimate of the fees payable) the Customer agrees to pay for the additional cost of such Services and AHS will provide a breakdown of such additional costs on request.
4. STAGING PERIOD
The nominated property will be staged by AHS for an agreed period as stated on the quote (“Staging Period”), or such longer period that the Services are provided (whether or not by prior agreement between the parties), other than in the event of a failure by AHS to collect the Staged Items where such failure was within its control.
>> If you achieve a sale of the property prior to the expiry of the Staging Period, you will not be entitled to any refund or partial refund of the Fee. <<
At the time of installation, a booking will be made for the end of the Staging Period for collection of the Staging Items.
In the event the property is not sold prior to the expiry of the Staging Period, and you wish to extend the Staging Period, the Customer must notify AHS as soon as possible to agree to the terms of the extension of the Staging Period (“Extended Staging Period”) including the additional Fee for the Extended Staging Period. AHS is not required to extend the Staging Period if an agreement is not reached.
5. BOND
A refundable bond is required where the Customer, or any other persons will be occupying the property or any part thereof during the Staging Period (“Bond”). The amount of the Bond will be determined by AHS in our sole discretion taking into account the nature and value of the Staged Items and the number and type of occupants in the property including children and animals.
In the event that any damage, theft, or soiling to the Staged Items occurs, howsoever arising, while the Staged Items are in the Customer’s possession the Bond will be applied to repair, replace or clean the damaged or soiled Staged Items (at the discretion of AHS depending on the nature thereof) and any balance will be returned to the Customer. If the total cost of repair, replacement or cleaning of the Staged Items exceeds the amount of the Bond then you agree to immediately pay to AHS the additional cost of repair, replacement or cleaning of the Staged Items on demand.
6. CUSTOMER OBLIGATIONS
The Customer agrees to:
>> Meet AHS onsite at the property to allow access for inspection, staging and pickup or provide a lockbox at the property with the key/s to enter the premises. << If for whatever reason a lockbox is not provided at the property AHS reserves the right to charge a key collection fee each time they are required to pick up or drop off a key and a re-delivery fee if this is required. This fee will vary depending on location and travel time;
Keep all driveways and access areas to the property where the Services are to be provided clear and free of hazards at all times including the trimming of all trees and plants to ensure that our truck, equipment and staff can easily access the property;
The property should be properly cleaned, tidy and vacant prior to installation of the Staging Items (unless otherwise agreed with AHS).>> All cleaning, building work, plumbing, electrical, carpet, painting, etc, needs to be completed prior to start of installation of Staged Items; <<
>> Be held responsible for any insurance excess payable in the event of theft, or insured event causing damage, destruction or soiling of the Staged Items <<, in the event of an insurance repudiation (due to a failure to set alarms or otherwise) the Customer is liable for the cost of repair or replacement of the Staged Items for all damages and losses to the Staged Items arising while the Staged Items are in the Customers possession;
That you will not remove any of the Staged Items from the property once it has been staged and that you will not move any of the Staged Items around the property without the express permission of AHS;
Store all outdoor furniture, indoors after open homes and viewings for security and weather protection, except where previously agreed in writing with AHS;
Not plug in to power any lamps or other electrical items provided by AHS. Any use of electrical appliances is at the Customer’s own risk as these items are intended for display use only without being connected to a power point;
To notify AHS immediately on becoming aware of any damage caused to any of the Staged Items so that we can promptly notify our insurer.
AHS may refuse to provide the Services if the Customer fails to comply with any of the obligations set out in clause 6.1 above and in such instance a booking fee of $530 will be charged for rescheduling the Services (delivery and installation).AHS may charge such additional costs as incurred by it and the Staging Period will remain as scheduled.
If access to driveways and the property (including all doors and exits), are not free and clear of obstacles and hazards or if the property and premises are otherwise not easily accessible (such as the number of levels, narrow staircases etc.), you will be liable for additional expenses incurred for the cost of additional staff, equipment and time and other expenses to facilitate the Services you require.
Any claim relating to Services must be made within fourteen (14) days of completion of the Services, and AHS shall investigate the same and whether any refund will be provided, all claims are subject to a maximum refund of the Fee paid.
7. CANCELLATION OF SERVICES
Once the Customer appoints AHS to provide the Services, should the Customer cancel or terminate the Services, no refund will be provided. If the Customer has paid a deposit or has not yet paid the Fee, the full Fee will be payable on demand, unless a reduced fee or otherwise, is agreed by AHS in its discretion.
Should the Customer wish to re-schedule any appointment, 3 (three) business days’ notice is required to attempt to fill such slot.
>> Customers making changes to the staging appointment, or rescheduled staging appointments with less than 3 (three) business days’ notice may be charged a $530 (re)booking fee, to mitigate costs and losses incurred. <<
The full Fee will be charged for cancellations or no shows on the day of the relevant booking or appointment.
Fee/deposits are non-refundable but may be applied to future Services if the Customer provides us more than 3 (three) business days’ notice of the date of the appointment of such cancellation or re-scheduling required.
AHS may reschedule or cancel the Services in the event of illness, theft, damage or the unavailability of any of the Staged Items, or for any other reason as determined by AHS in its sole discretion, and AHS will endeavour to provide the Customer with twelve (12) hours’ notice in writing where possible. The Customer will have no claims for losses or damages from AHS in the event of cancellation or postponement and AHS may in its sole discretion refund whole or a part of the Fee, if AHS is in breach of its obligations to deliver (other than circumstances outside of its control).
8. DELIVERY AND REMOVAL OF STAGED ITEMS
Unless otherwise recorded in writing the Fee includes the delivery and removal of the staged items.
The Services are provided to the Customer at its own risk and AHS accepts no liability for any loss or damage to the property, or any part thereof howsoever arising. Without limiting the generality of the aforegoing, >> AHS takes great care and pride in their work. AHS shall not be liable for making good any minor damage caused by the staging of the Staged Items including, but not limited to, holes from small nails for picture hooks, from the removal of any artwork or mirrors, any marks or minor dents caused to flooring or walls, created by the movement of furniture or indents to carpet caused by furniture on display. <<
>> AHS staff must wear shoes inside the home due to Health & Safety requirements when moving We do take care to ensure our shoes are soft soled and clean and we put down floor coverings to protect your floors where needed. <<
9. INSURANCE AND TITLE TO STAGED ITEMS
AHS will maintain full insurance for the Staged Items during the Staging Period.
All of the Staged Items provided by AHS during the Staging Period shall remain the property of AHS.
10. DISPLAY, QUALITY AND USE OF STAGED ITEMS FOR PROMOTIONAL PURPOSES
The Staged Items are for display purposes only and must not be used by the Customer or any other occupant of the property unless otherwise agreed in writing with AHS.
AHS provides no warranties or representations regarding the quality or suitability of the Staged Items and the Customer understands that the items are used goods.
AHS may take photographs and video of the property with and without the Staged Items and use the photographs and video for promotional purposes including in all online and offline marketing material.
11. LIABILITY
The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon AHS which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on AHS, AHS’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute. If the Customer is in trade (and this is not the Customer’s primary residential property) then the parties agree to contract out of the Fair Trading Act and the Consumer Guarantees Act to the greatest extent possible, it being fair and reasonable to do so.
Except as otherwise provided by clause 6.4, AHS shall not be liable for any loss or damage of any kind whatsoever, arising from the supply of Services by AHS to the Customer, including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Services provided by AHS to the Customer.
The Customer shall indemnify AHS against any and all claims and losses of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of AHS or otherwise, brought by any person in connection with any matter, act, omission, or error by AHS its agents or employees in connection with the Services. If contrary to the disclaimer or liability contained in these Terms AHS is deemed liable to the Customer, following and arising from the supply of Services by AHS to the Customer, then such liability is limited in its aggregate to the Fee.
12. FORCE MAJEURE
AHS will not be held liable in the event that we are unable to carry out our obligations under these Terms due to a Force Majeure event or other event outside of the reasonable control of AHS. A Force Majeure event includes, but is not limited to, a pandemic, strikes, power failures, fires, earthquakes, theft, flooding, motor vehicle collision, and other natural disasters.
13. GENERAL
If any provision in these Terms shall be held to be invalid, void or illegal or unenforceable then such provisions should be struck out and the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
The Customer accepts the details provided on the quotation for the service of all notices and legal processes arsing in accordance with these Terms and all notices and processes may be sent by email to the email address provided by the the Customer.
If anything in these Terms is inconsistent or conflicts with the Quote or any other agreement between the parties, then these Terms shall prevail.
The Customer may not assign or transfer any of your rights or obligations under the Terms to any other person. AHS may cede, assign, subcontract or transfer any of its rights and/or obligations under these Terms to any other person and no notice is required to be given to the Customer.
If the Customer is a company or trust, each director, or trustee of the Customer, or individual who agrees to AHS providing the Services, and to these Terms warrants that they are authorised to enter into the Terms on behalf of the Customer and agrees to be personally bound for all of the obligations and amounts owing in accordance with these Terms as a principal debtor, on a joint and several AHS will not be required to exhaust its remedies against the named Customer before pursuing its rights and claims against any such person.
These Terms are subject to and governed by the laws of New Zealand.
14. CHANGES TO TERMS OF TRADE
We reserve the right to alter our terms of trade at any time, by publication to our website and/or written notice to the Customer.
