1. BOOKING AND PAYMENT

Your agreement with us is made in accordance with and subject to the following terms and conditions (“the Terms and Conditions”): Your quote, invoice and the Terms and Conditions constitute the entire agreement between you and us (“the Agreement”) and shall be binding on you (including you, your authorised agent or your guarantor).

1. BOOKING AND PAYMENT

1.1 Upon acceptance of your quote, we require payment

1.2 We reserve the right to collect the goods on the first available day for collection following the successful sale of your property.

1.3 Save as otherwise specified in these Terms and Conditions, no rebate or refund is provided if your property sells prior to the expiration of your hire period as specified in the Agreement (“the Hire Period”) or if any goods are removed, whether at your request or by our stylists in his/her discretion.

1.4 Interest will be charged on all unpaid monies that are more fourteen (14) days overdue at 2% per annum plus the rate fixed by section 2 of the Penalty Interest Rates Act 1983 (Vic).

1.5 Credit card payments will incur a 1.5% surcharge fee on all card types except AMEX which incurs a 2% surcharge.

2. DELIVERY AND INSTALLATION

2.1 Confirmed delivery and installation date will be deemed as final. We reserve the right to charge additional fees if delivery and installation is delayed or cancelled for any reason which is beyond our control including but not limited to:
change of commencement date of your sale campaign or change of auction date; or
if your property is not in an appropriate condition for the goods to be delivered or installed, such as non-completion of building works and lighting.

3. CANCELLATION
3.1 You may cancel the Agreement at any time in writing by email to hello@kontrastinteriors.com.au (a ‘delivered’ receipt and a ‘read’ receipt should be attached to the email) or by posting the notice by registered post to our business address. Notice of cancellation will not take effect until received by us.

3.2 If you cancel the Agreement after payment but prior to delivery of the goods, a cancellation fee of 10% of your initial invoice will apply. This cancellation fee reflects the loss of opportunity we may suffer having reserved the goods for you.

3.3 For cancellations received after delivery of goods there is no refund.

3.4 Any cancellations by you of additional services or goods for which we have incurred out of pocket expenses (e.g., sourcing items for purchase from our suppliers or engagement of tradespeople at your request) shall incur a 100% cancellation fee payable by you.

4. CHANGES TO GOODS

You agree that part of our service to you is the provision of expert styling advice. Therefore, our qualified stylists have complete discretion as to the goods installed at your property. It may become apparent upon installation that a variation, addition and/or removal of goods is required, which shall be at our absolute discretion and will not entitle you to a refund or rebate either in whole or in part.

5. RISK AND PROTECTION OF GOODS

5.1 Save for any goods purchased by you in advance of delivery, the goods remain at all times the sole property of Kontrast Interiors.

5.2 While the goods are in your possession or installed at your property, you undertake to keep and return the goods in the same condition in which they are delivered and installed at your property.

5.3 The goods must not be moved or removed from the property without our prior written consent.

5.4 You agree to notify us immediately of any damage to the goods.

5.5 Other than fair wear and tear, if any goods are lost or damaged, you will be liable for the repair or replacement value determined by us in our absolute discretion which shall be payable immediately on demand. Failure to pay on demand shall incur interest in accordance with Clause 1.5 above.

6. LIABILITY FOR DAMAGE TO YOUR PROPERTY

6.1 Kontrast Interiors and our staff will exercise reasonable care during the delivery, installation and collection of goods. In the unlikely event that damage to your property is caused by our staff, we are adequately insured. Any damage should be reported to us while our staff are at your property or as soon as reasonably practicable thereafter.

6.2 We ask that you remove any valuable or breakable personal belongings from any area requiring access by us prior to delivery and collection. Kontrast Interiors shall not be liable for any minor damage to your property or for any personal items which ought reasonably to have been removed prior to delivery, installation or collection. Your property and your personal items shall remain at your risk at all times.

6.3 If the Agreement includes the provision of artwork, you hereby consent to us placing the artwork on appropriate wall areas and you acknowledge that the installation of artwork may require hooks and/or nails to be placed in the walls. We are not liable for any removal of hooks or nails nor are we liable to patch, repaint, touch up or repair the wall.

7. ACCESS

You are responsible for ensuring clear access for delivery, installation and collection of the goods. If we are unable to access to your property or any area within your property, we reserve the right to delay or postpone that delivery, installation or collection, as the case may be. We reserve the right to charge a fee for any re-scheduled delivery, installation or collection as follows:

$150.00 plus GST per hour for any delay which results in us delivering, installing or collecting the goods at any later time on the same day; or
$300.00 plus GST for any delay which requires us to reschedule delivery, installation or collection on a day other than the day agreed.

8. REQUESTS FOR ADDITIONAL GOODS OR SERVICES

8.1 If, at any time after commencement of the Agreement, you request that we provide additional goods or services, we will endeavour to meet that request, but we are not liable to you if we are unable to do so.

8.2 Any additional goods or services shall incur an additional fee for which we will provide you with a separate quote which will be subject to these Terms and Conditions.

8.3 REQUEST FOR EXTENSION OF HIRE PERIOD

8.4 You may request to extend the duration of the Hire Period and we will use reasonable endeavours to ensure that we can fulfill your request. If we agree to extend the duration of the Hire Period, you agree to pay the (rehire) rate of 20% of your initial invoice per week for each additional week of hire (or part thereof), such cost being payable immediately upon us providing you with an invoice for the agreed extended hire period. Terms and Conditions will thereafter apply to the extended hire period.

8.6 INSURANCE

8.7 Kontrast Interiors will maintain insurance for the following:

8.8 Public liability and workers compensation insurance (including for the delivery, installation and collection of goods at your property);

8.9 Accidental damage to your home caused in the course of us providing services to you, but excluding minor surface scratches, marks or anything resulting from us hanging artwork on your walls;

8.10 Malicious damage to the goods or theft by a third party.

8.12 TERMINATION

8.13 We may terminate the Agreement if:
you breach the Terms and Conditions;
the goods are lost or damaged whilst in your possession or control; or
any amount due to us from you remains unpaid for fourteen (14) days.

8.17 Any termination arising from the above circumstances will not prejudice any right of ours to recover unpaid monies. You will be liable for any costs incurred by us in seeking recovery of outstanding monies from you, including but not limited to any debt collection, agency fees or solicitors’ costs on a full indemnity basis.

8.18 Upon termination of the Agreement (whether due to a breach by either party or otherwise) you must facilitate and provide all reasonable assistance in order for us to locate and collect the goods.

8.19 You hereby grant Kontrast Interiors and our staff the right of entry to your property or any premises it is reasonably believed the goods are located, using such force as is necessary to repossess the goods. Kontrast Interiors will not be liable for any damage to your property caused in the collection of the goods where reasonable access has not been provided.

8.20 If you prevent us in any way from being able to collect the goods, hire fees will continue to be payable by you at a rate of 25% of your initial invoice per week (or part thereof) until such time as you facilitate our collection of the goods.

8.22 COMPLAINTS

8.23 Any complaints should first be raised with us so that issues may be resolved immediately.

8.25 PROMOTIONAL MATERIAL

8.26 Provided that no person is present in the image, you irrevocably agree that images of your property may be taken by us and used by us for any promotional and marketing purposes (including but not limited to brochures, advertisements) and on our website and social media accounts without obtaining further consent from you or providing you with any payment in respect of such use.

8.27 Photography of goods and styling taken by us will remain property of Kontrast Interiors.

8.28 We hereby consent to the goods and our styling of your property being photographed for use by you in marketing material for the sale of your property.

8.30 OCCUPATIONAL HEALTH AND SAFETY

8.31 Due to OH&S regulations:

8.32 Our staff must wear shoes at all times during delivery, installation and collection of the goods; and

8.33 Your property must be connected to power; the power must be on and there must be adequate lighting. Our staff cannot be required to connect or turn on power at the power box. We reserve the right to delay delivery, installation or collection if this condition is not complied with and to charge additional fees for the delay in accordance with the Terms and Conditions.

8.35 PRIVACY

8.36 Save as otherwise provided in the Terms and Conditions, each party shall comply in all material respects with the Privacy Act 1988 (Cth) and shall not do, or cause or permit to be done, anything which may cause or otherwise result in a breach by the other party of the same.

8.38 LAW AND JURISDICTION

8.39 The Agreement, including the Terms and Conditions shall be governed by the laws of the State of Victoria, Australia and shall be subject to the jurisdiction of the courts of Victoria.

8.40 To the fullest extent permitted by law, any condition or warranty that would otherwise be implied by law into the Agreement is excluded.

8.41 If any provision of the Agreement, including the Terms and Conditions, is held by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be deemed to be amended accordingly or severed from the Agreement. The remaining provisions, terms and conditions shall remain valid and enforceable and continue to be binding.

8.42 No waiver of any provision or of any breach of the Terms and Conditions shall constitute a waiver of any other provisions of any other or further breach, and no such waiver shall be effective unless made in writing by an authorised representative of the party to be charged with such a waiver. Nor shall a one-time waiver of a single provision constitute a permanent waiver of that party’s rights under said provision.