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Terms and Conditions -
Interior Design Agreement

The Client and Property Styling Mornington Peninsula (PSMP) Agree:

 

Preliminary

  1. The Client has engaged PSMP to provide Interior Design services and, as outlined in this Agreement, agrees that PSMP will conduct the following work: 
  • Consult with the Client and provide an estimate and scope of work.
  • Conduct all works in a reasonable timeframe and advise the client of any likely delays and actual delays as they may occur.
  • Provide interior design advice and specifically make recommendations on the selection of fixtures, fittings, furniture, and decorative elements.
  • If requested in writing by the client:
    • Arrange collection, delivery, and installation of fixtures, fittings, furniture, and decorative elements either directly or via independent contractors
    • Organise third-party quotes and the delivery of services or products, where not provided by PSMP
  1. The Client acknowledges and agrees to;
  • Provide materials, written approvals, and or instructions related to the Interior Design Contract
  • Undertake coordination of any decision-making with parties other than PSMP or as necessary to fulfil part 1c.
  • Provide access to the property and or working drawings, schedules, and related documentation necessary to fulfil the contract obligations.
  • Provide information from third parties required for the Interior Design works to be completed.
  • Be responsible for performing its obligations promptly, and Interior Design works may not be able to progress as planned if there is a delay in responding to requests for information.
  • Address any warranty issues directly with the suppliers of stock. The Designer provides no warranty with respect to goods ordered as part of the contract.
  1. Total Cost

The Total Cost shall be the total of the following:

  • The cost of the Work undertaken by PSMP in accordance with clause 1 and as may be further instructed by the client in writing.
  • Any costs associated with the processing of transactions (approximately 1%-1.4% additional cost to process payment via merchant facilities like a credit card, Visa debit, or other methods)
  • Any stock purchased on behalf of the client as directed in writing, via retail or wholesale suppliers, including delivery costs, must be paid for by the client.
  • Any services provided by third parties will be directly invoiced to the client.
  • Any cancellation fees or deposits withheld by suppliers or contractors in the event of cancellations by the client.
  1. Deposit
  • A Deposit may be requested to secure the services.
  1. Tax Invoices
  • PSMP shall issue the Client with a tax invoice for the Total Cost every week, usually a Friday.  It is to be paid within 2 calendar days.
  • Further work on the contract will be delayed or deferred by PSMP if the Interior Design account is not current, at its discretion.
  • All stock remains the property of the supplier or PSMP until paid for in full.
  1. Cancellation and or Deferral of Interior Design Service
  • Should the client wish to cancel the services or stock ordered, they must advise the client in writing.
  • All fees payable, including in relation to stock purchased, will be owing up until an acknowledgment of cancellation is received in writing from the Interior Designer.
  • Refunds for stock purchased will need to be negotiated by the client directly with the suppliers.
  1. Contractors & Goods
  • The Client shall directly enter contracts with suppliers and tradesmen for the purchase of stock under this contract.
  • PSMP shall not be liable for any loss, damage, cost or expense incurred or suffered by the Client which is caused or contributed to by any contractors or stock purchased, whether engaged or purchased by PSMP or the Client, to undertake any part of the Work or any repairs or alterations which PSMP may suggest.
  1. Warranty and Indemnity
  • The Client acknowledges that the advice given by the PSMP is of a cosmetic or aesthetic nature and does not extend to the provision of structural or building advice.
  • The Client shall seek its own professional advice in respect of any structural alterations or repairs which are to be undertaken.
  • PSMP makes no warranty in relation to the design advice or goods supplied.
  • PSMP shall not be liable for any damage caused to the Property because of moving, installing, or placing any furniture or goods in the Property, installing fixtures, fittings, decorative objects, art or fixings for art and mirrors, or otherwise caused in undertaking the Work.
  • The Client indemnifies PSMP against all loss, damage, claims, cost or expense which may be incurred or suffered by PSMP in connection with the Work or because of the failure by the Client to pay monies as and when due to the PSMP, suppliers or contractors, including legal costs on an indemnity basis.
  • Where the Client is a company, the directors agree, in consideration of the PSMP entering into this Agreement with the Client, to personally guarantee the obligations of the Client under this Agreement, and charge all their real and personal property with repayment of all amounts payable to the PSMP under this Agreement.
  • PSMP does not provide refunds in whole or part once the installation is completed, changes requested are made at the cost per 3.0.
  • PSMP does not insure goods purchased via suppliers, whether in transit or storage by contractors or by PSMP.  The client should ensure that they have sufficient Contents Insurance to cover goods purchased and in transit or storage before installation.
  1. Intellectual Property
  • PSMP reserves the right to take photographs and videography of the Property and of the Work. The rights to the photographs and recordings, as well as the Interior Designs, shall solely be held by the PSMP, and PSMP reserves the right to use the photographs for any purpose, including but not limited to promotional, training and any other purposes.
  • The Client grants PSMP a non-exclusive license to use images produced by others of the Property and of the Work for the same purposes as outlined in 11. (a)
  • The Client may opt out of the use of these images for external promotional purposes by indicating in the Property Styling Agreement.
  1. Frustration of Contract
  • If PSMP is rendered unable, wholly or in part, to comply with her obligations under this Agreement by reason of an act of God, accident, civil disorder, epidemic or pandemic, terrorist act, strike or lockout of workmen, bad weather or by any other event or circumstance not within the control of the PSMP, the PSMP’s obligations under this Agreement shall be suspended for such time as appears reasonable to the PSMP.