This is an agreement made between Bowerbird Interior Styling Group Pty Ltd ACN 165 367 626 of 42 McCauley Street, Matraville NSW 2036 (“Bowerbird”) and the person or persons named in Item 1 of the Schedule (“Vendor”). The Agreement is made and comes into effect on the date it is accepted by the Vendor.

  • What Bowerbird agrees to do under this Agreement
    • Bowerbird shall do the following:
      • Provide Property Styling services to the Vendor at the Premises in accordance with the terms of this Agreement.
      • Ensure that the Goods provided by Bowerbird under this Agreement are covered by a current insurance policy covering loss or damage by fire or theft.
      • Deliver to and/or collect the Goods from the Premises as required during the Initial Period or Extended Period.
  • What the Vendor agrees to do under this Agreement
    • The Vendor must do the following:
      • Provide unrestricted access for Bowerbird to the Premises during normal business hours in accordance with this Agreement.
      • Pay Bowerbird’s Hire Fees, including fees for any extension of the Initial Period, and any other charges by the due date and otherwise strictly in accordance with this Agreement.
      • Pay any tax invoice rendered by Bowerbird under this Agreement irrespective of whether the Premises sell or are taken off the market before the expiry of the Initial Period or any Extended Period.
      • Make available Bowerbird’s Goods at the conclusion of this Agreement, including on termination of the Agreement by either party, in accordance with the terms and conditions of this Agreement. This is an essential term the breach of which will entitle Bowerbird to claim damages for any financial loss suffered.
      • Safeguard and protect the Goods, until they are collected by Bowerbird.
  • Term
    • The term of this Agreement is for the Initial Period.
    • Any extension of the term of this Agreement must be agreed in writing between the parties not later than five (5) Business Days prior to the completion of the Initial Period.
    • When the term of this Agreement is validly extended the terms and conditions of this Agreement will continue to apply until completion of the Extended Period.
    • The term of this Agreement shall never be less than the Initial Period unless validly terminated by either party pursuant to clause 8 of this Agreement.
  • Contract Price and Payment Terms
    • The Vendor must pay the Contract Price for hiring the Goods during the Initial Period.
    • The Vendor must pay the Additional Hire Fees for hiring the Goods during any Extended Period.
    • The Vendor must make all payments by direct debit to Bowerbird’s nominated bank account or by the Vendor’s credit card.
    • The Contract Price is due and payable to Bowerbird no later than (3) Business Days before the scheduled installation date.
    • The Additional Hire Fees are due and payable no later than two (2) Business Days prior to expiry of the Initial Period.
    • The Contract Price is non-refundable and non-adjustable once this Agreement has been accepted by the Vendor and the Goods installed in the Premises.
    • The Vendor is not entitled to any discount or refund of any Additional Hire Fees payable for an Extended Period if the Agreement is terminated before expiry of the Extended Period.
    • If any fees or charges due under this Agreement are not paid by the due date in accordance clauses 4.4, 4.5, 5.4, or 11.1, then the Vendor authorises Bowerbird to debit the Vendor’s credit card with such sums that are owing to it.
  • Delivery, Installation and Collection of Goods
    • The Vendor or a nominated agent must arrange access for Bowerbird to the Premises for the delivery and/or collection of the Goods.
    • The Vendor and Bowerbird shall mutually agree to the day and time for the delivery and/or collection of the Goods. When the Vendor enters into an unconditional contract for the sale of the Premises, the Vendor shall immediately notify Bowerbird of that fact and Bowerbird is authorised by the Vendor to immediately collect the Goods even if neither the Initial Period nor any Extended Period has expired.
    • The Vendor shall be responsible for ensuring that the Premises are in all respects safe for the purpose of access, delivery and installation of the Goods by Bowerbird.
    • In the event that Bowerbird is unable to gain access for any reason, the Vendor shall pay all additional costs incurred by Bowerbird for the re-delivery or re-pick up of the Goods and Bowerbird may invoice the Vendor for such costs, which are payable within five (5) Business Days of the Vendor’s receipt of the applicable tax invoice.
    • In relation to the installation of any Artwork, the Vendor acknowledges that any holes, nails or any other fixtures used by Bowerbird to hang the Artwork will remain following collection and shall not be required to be rectified by Bowerbird.
    • Bowerbird shall not be liable to the Vendor in respect of any damage caused as a result of hanging the Artwork.
  • Vendor’s Obligations until the Goods are collected by Bowerbird
    • The Vendor and Bowerbird agree that the Goods are hired by the Vendor and at all times shall remain the sole and absolute property of Bowerbird.
    • Following installation, the Vendor must not move the Goods from the Premises without the prior written consent of Bowerbird and the Goods must remain in the Vendor’s sole possession.
    • If any of the Goods are damaged whilst in the Vendor’s possession, the Vendor must pay Bowerbird on demand a sum equal to the reasonable market cost of repairing, cleaning or replacing the damaged items of Goods.
  • Property Styling Service
    • When Goods are provided by Bowerbird to the Vendor in accordance with this Agreement, all Goods including accessories are provided at Bowerbird’s discretion and no changes or substitutes to the Goods selected will be made except with the consent of Bowerbird.
  • Termination and Repossession Rights and Obligations
    • Bowerbird may terminate this Agreement immediately and repossess the Goods if:
      • the Vendor breaches or is in default under any of the terms of this Agreement and fails to remedy the breach or default within than five (5) Business Days of receiving a notice of breach or default from Bowerbird;
      • The Vendor becomes bankrupt or has an administrator, receiver, liquidator or other external controller appointed to it.
    • In the event of this Agreement being terminated under this clause 8 the Vendor must promptly make the Goods available for collection by Bowerbird on a date and at a time specified by Bowerbird.
    • In the event that the Vendor breaches clause 8.2, the Vendor consents to Bowerbird or its agents gaining entry to the Premises, or gaining entry to any other premises where Bowerbird believes the Goods are located, whether the Vendor is present or not, and to use such force as is necessary in order to repossess the Goods.
    • The Vendor will make no claim against Bowerbird or its agents for damage arising out of or in connection with repossessing the Goods under clause 8.3.
  • Limitations on Liability of Bowerbird and Exclusions of Liability
    • The only contractual warranties provided by Bowerbird are the statutory ones provided under the Australian Consumer Law that are implied into this Agreement and cannot be excluded by Bowerbird.
    • Bowerbird accepts no liability to the Vendor whatsoever if the Vendor fails to achieve a sale of the Premises or a sale at the price desired or expected by the Vendor.
    • The Vendor shall not make any claim against Bowerbird for damages in respect of property or personal injury sustained as a result of any Goods staged on the Premises.
  • Insurance and lost, stolen or destroyed Goods
    • The Vendor acknowledges that Bowerbird’s insurance policy will only cover damage, destruction or loss of the goods due to fire or theft.
    • Any other loss or damage shall be the Vendor’s responsibility and such risks must be covered by the Vendor.
  • Cancellation or Postponement of Installation of Goods
    • If the Vendor cancels this Agreement no less than five (5) Business Days prior to the due date of installation, a cancellation fee applies and comprises one (1) weeks Hire Fees and an administrative fee of $330 (incl. GST).
  • Notices
    • Any notice given by Bowerbird in connection with this Agreement must be in writing and sent by email to the Vendor’s address as specified in Item 4 of the Schedule.
  • Applicable Law
    • The applicable law of this Agreement is the law of the State of New South Wales, Australia
  • Definitions and Interpretation
    • Definitions

In this Agreement –

“Additional Hire Fees” means the Hire Fees payable by the Vendor for any Extended Period of the Agreement.

“Agreement” means the Schedule; these Terms and Conditions and any other agreements or arrangements between Bowerbird and the Vendor.

“Artwork” means any art, artwork, mirrors or similar items or any items that may need to be hung on a wall within the Premises.

“Business Day” means a day that is not a Saturday, Sunday, public holiday or bank holiday in Sydney, NSW.

“Contract Price” means the price stated in Item 6 of the Schedule.

“Extended Period” means any extension of the Initial Period agreed in writing between the parties during the term of this Agreement.

“Goods” means the display stock, including furniture, Artwork and accessories, owned and/or supplied by Bowerbird to the Vendor under this Agreement.

“Hire” means the Vendor’s hiring of the Goods described in the proposal.

“Hire Fees” means the rental or hire fees in respect of the Goods.

“Hire Period” means the period specified in the proposal and any Extended Period.

“Initial Period” means the period commencing on the date the Vendor accepts this Agreement, and thereafter continues until the end of the period specified in the proposal.

“Premises” means the location Vendor’s property being styled, as specified in Item 3 of the Schedule.

“Property Styling” means the display and arrangement of Goods at the Vendor’s Premises.

“Vendor” means the registered owner of the Premises, being the person specified in Item 1 of the Schedule.

    • Interpretation

In this Agreement, unless the context otherwise requires:

      • a reference to:
        • one gender includes the others;
        • the singular includes the plural and the plural includes the singular;
        • a person or entity includes an individual, a firm, a body corporate, a trust, an unincorporated association or an authority; and
        • a person includes their legal personal representatives

(including executors), administrators, successors, substitutes (including by way of novation) and permitted assigns.

      • unless expressly stated, no party enters into this Agreement as agent for any other person (or otherwise on their behalf or for their benefit);
      • headings and the table of contents are for convenience only and do not form part of this agreement or affect its interpretation;
      • a cross reference to a clause number is a reference to its sub-clauses;
      • if the last day for doing an act is not a Business Day, the act must be done instead on the next Business Day;
      • where there are two or more persons in a party each are bound jointly and severally; and
      • a provision of this Agreement must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of this Agreement or the inclusion of the provision in this Agreement.
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