1. Why these terms and conditions are important
We are SOLV’D Pty Ltd ABN 33 637 838 950. When you hire goods from us for home staging and/or display purposes, these terms and conditions apply to you. These terms and conditions are intended to form a binding standing agreement between us in addition to specific conditions expressed in any Job Order.
For each home staging or display hire Job for which you request a service, we will issue a Job Order that will contain pricing and other terms and conditions relating to that Job. The Job Order and these terms and conditions together constitute a Contract for that Job.
We keep these terms and conditions updated and we amend them every so often, so remember to check back in before you hire any goods from us, as the latest set of our terms and conditions will apply.
You can find our latest terms on our website – www.SOLVD.com.au
2. Hired Goods
We agree to hire to you, and you agree to hire from us any goods that are contained in a Job Order that we issue.
3. Your agreed purpose for hiring the Hired Goods
You are hiring the Hired Goods from us for the purpose of home staging and / or display only (Agreed Purpose).
You must not use the Hired Goods for any purpose other than the Agreed Purpose.
4. Completing a Job Order
You can request to hire goods for a Job by submitting a Job Request.
If we agree to the Job, we will issue, and you must first accept a Job Order for the Hired Goods.
We both agree that you may accept a Job Order electronically by email or by other written means. Once you accept the Job Order and pay the Deposit, it is binding upon you. We may cancel any Job Order at any time before you pay the Deposit.
When you accept a job Order a contract comes into effect in relation to the Hired Goods in that Job Order, for that Job.
5. Our contract
Our Contract in respect of any Job comprises:
(a) any credit application that you have signed;
(b) any guarantees given under that credit application;
(c) these terms and conditions (and any modifications to them that apply at the time that you submit a Job Order); and
(d) the Job Order including its terms and conditions.
6. Hire Period
Each Job will be for the period of hire set out in the relevant Job Order (Hire Period). You can only extend the Hire Period if we agree in writing.
7. Fees and charges
You must pay us all Hire Payments (see clause 7.1)and other charges that are payable under each Contract.
7.1 Hire Payments
Your Hire Payments for each Job are set out in the relevant Job Order.
7.2 Other charges
You will be required to pay the other charges covered under any Contract, including cleaning fees, delivery fees and collection fees.
Hire Payments for any Job are required to be paid in advance unless we otherwise agree in writing. If a Job is terminated before the end of the Hire Period, the Hire payments remain payable in full unless we otherwise agree in writing.
If you return the Hired Goods late, you will also be required to pay an additional fee (i.e. a ‘late payment fee’).
Finally, if you damage the Hired Goods or they are stolen or lost, you must pay us damages and indemnify us for any loss we suffer as a result.
To the extent that any supply made under or in connection with a Job Order and/or a Contract is a taxable supply, you must pay, in addition to the consideration to be provided under the Job Order and/or Contract for that supply (unless it expressly includes GST) an amount equal to the amount of that consideration (or its GST exclusive market value) multiplied by the rate at which GST is imposed in respect of the supply, provided that we have first issued to you a Tax Invoice (as defined in A new Tax System (Goods and Services Tax) Act 1999 (Cth)) in respect of that taxable supply.
8. Delivery and conditions of the Hired Goods
We will deliver of the HiredGoods to the location specified in the relevant Job Order (Location). Charges relating to delivery and collection will be specified in the Job Order.
When the Hired Goods are delivered, you must check that they are in good condition and as described in the relevant Job Order.
We will install Hired Goods to the extent necessary for proper display and staging. This may mean that the Hired Goods are not installed to be used for their intended purpose but rather for the purpose of display.
We will not provide any styling services unless agreed under a separate agreement.
Delivery charges include an allowance for Hired Goods to be positioned in the Location once only. Any additional movement or repositioning or any additional time on site may incur additional charges.
You must not move the Hired Goods or permit them to be moved. If you do so, you will be responsible for any damage incurred.
9. You do not own the Hired Goods
You are hiring the Hired Goods from us, and as such:
(a) you do not obtain any interest in the Hired Goods that we lease to you, except as “bailee” (which means you will be in possession of the Hired Goods but will not own them);
(b) you obtain no option or other right to purchase the Hired Goods; and
(c) the Hired Goods always remain our property .
10. What happens if the Hired Goods are defective?
If we have supplied you with Hired Goods that are defective, we will either repair the Hired Goods or replace the Hired Goods with goods of a similar age and size and with the same or similar features.
The replacement goods will be treated as if they were the original Hired Goods (with any necessary amendments to reflect the replacement goods).
11. Your guarantees and warranties when you hire the goods from us
The Hired Goods will be covered by the consumer guarantees that apply under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), (“Consumer Guarantees”).
You have rights under the Consumer Guarantees in relation to the Hired Goods.
Unless we specifically say otherwise, we will not provide you with additional guarantees outside of the Consumer Guarantees in relation to the Hired Goods. We also exclude any implied terms and warranties that we are permitted to exclude at law.
12. Insurance and Liability Waiver
The Hired Goods are your responsibility and are at your risk while they are at the Location. Even if the Location is not a property you control, the Hired Goods are deemed to be in your possession for the Hire Period.
If the Hired Goods are lost, stolen, destroyed or damaged beyond repair and:
- you have purchased Liability Waiver from us, you will not be liable for the replacement cost of the Hired Goods and your liability is limited to the Liability Waiver payment; or
- you have not purchased Liability Waiver from us, you will only be liable for the Insurance Excess,
provided you have not done anything which would have the effect of voiding any insurance over the Hired Goods.
13. Your duties in relation to the Hired Goods
You must take good care of the Hired Goods. Remember, the Hired Goods will be hired to other customers when the relevant Hire Period ends. As such, you promise to:
(a) not use the Hired Goods other than for the purpose of home staging / display;
(b) take care of the Hired Goods and keep them in good repair and condition;
(c) not expose the Hired Goods to the risk of loss, damage or destruction;
(d) promptly tell us if any of the Hired Goods are damaged, faulty or if any item is lost, stolen or involved in an accident;
(e) give us, our employees, contractors, agents, and experts access to the Hired Goods at any reasonable time, and ensure that anyone else gives us access to any premises where any Hired Goods are located to enable us to inspect them or exercise any of our rights under the Contract (we will give you reasonable notice);
(f) keep the Hired Goods at the Location;
(g) ensure that none of the Hired Goods is or becomes fixed to any real property (and by way of clarification, if it is affixed during the relevant hire Period, you or anyone else will not own the Hired Goods);
(h) not sell, dispose, transfer possession, part with possession, share possession, sub-hire or create a security interest in any of the Hired Goods (or attempt to do so or permit anyone else to do any of these things);
(i) not alter or dismantle any of the Hired Goods;
(j) not allow anything to happen that might reduce the value of the Hired Goods; and
(k) not do anything which would have the effect of voiding any insurance over the Hired Goods.
14. You are required to return the Hired Goods when the Hire Period ends
You must return the Hired Goods when the relevant Hire Period ends and to do so you must ensure that we are granted fair and free access to the Location to collect them.
The Hired Goods must be collected and transported by us or by our nominated contractors. You agree not to move or transport the Hired Goods and if you do so, you will be liable for any damage caused to them.
If you do not return the Hired Goods to us, or if you have not made them available by ensuring access to the Location, then we may either directly or by an agent seek to gain access to the Location to take possession of the Hired Goods. You release us from any claim or damage to any property that we cause reasonably in taking possession of the Hired Goods under this clause. Further, you agree to indemnify us in relation to any claim by any other person including the owner or occupier of the Location.
Until we have the Hired Goods in our possession, you must continue to pay us for your use of the Hired Goods at the same amount and frequency as specified in the relevant Job Order and any other obligations that you have, and any rights that we have, under the Contract will continue until that time.
15. Our right to terminate a Job or the Contract in its entirety
(a) do not pay us on time any amount that is due in accordance with a Job Order or the Contract;
(b) do not do what you have agreed to do under a Job Order or the Contract;
(c) do what you have agreed not to do under a Job Order or the Contract; or
(d) become bankrupt or undergo an insolvent event because:
(i) you make a default in any payments or are unable to pay your debts as and when they fall due;
(ii) you commit an act of bankruptcy or have a controller or trustee appointed in respect of your estate or any part of your property or assets;
(iii) you pass a resolution for your winding up or you enter into liquidation or have an application for winding up filed against you;
(iv) a receiver, receiver and manager, controller or voluntary administrator is appointed over any part of your property or assets;
(v) you experience anything similar to any of the event specified above (Insolvency Event), you have committed a Default Event.
A Default Event will give us a right to terminate any Contract or any Job Order, provided that we give you 7 days’ prior notice to allow you to remedy the default Event. If you remedy the Default Event, we will not terminate the Contract or the Job Order(s).
However, some Default Events (such as an Insolvency Event) cannot be rectified. In those cases, we will not give you any notice to remedy the Default Event and we will terminate the Job Order(s) or Contract immediately on giving you notice. If we find that you have committed the same or similar Default Event on more than one occasion, then even if you have remedied the Default Event in the past, we may decide to terminate the Job Order(s) or Contract because of your persistent breaches.
On termination of any Job Order(s) or Contract, you must pay us all amounts you owe us in respect of the relevant Job Order(s) or the Contract and immediately make the Hired Goods available for collection.
16. You indemnify us
You indemnify us for any liability we suffer or incur for any injury or death, or damage to property, arising from the hire by you of the Hired Goods, except to the extent that the injury, death or damage results from anything that we have done to directly cause the injury, death or damage. You also indemnify us for any liability we suffer as a result of a Default Event under clause 15.
17. When we need to enforce our rights
If you commit a Default Event under clause 15, we may incur expenses in enforcing our rights.
We will charge you for any cost incurred by us for enforcing our rights, including the cost of repossession of the Hired Goods. This will become immediately due for payment once charged.
As previously stated, we own the Hired Goods. As such, we may register our security interest in the Hired Goods.
You acknowledge that:
(a) we may register our security interest in the Hired Goods on the Personal Property Securities Register (PPSR);
(b) you must execute documents (and anything else required by us) to enable registration of the security interest on the PPSR;
(c) we do not have to give you any information or statements that the Personal Property Securities Act 2009 (Cth)(PPSA) allows us to not provide you such as all information or statements under sections 116(2), 120, 125, 142 and 143 of the PPSA; and
(d) you waive your right to receive any notices we are required to give you under the PPSA (to the extent that the notice can be excluded) and includes any right to receive a notice under sections 95, 118(1)(b), 121(4), 123(2), 130, 132(3)(d), 132(4) and 135 of the PPSA and any variation statements.
19. Your information
20. Notices and Documents to you
You agree to electronically receiving any documents (including Job Orders), notices or communications we may send.
If we need to send you a notice or demand, we may do so in writing and deliver it by email, personally or by pre-paid mail to your address that was last known to us.
Any such notice or demand will be taken to have been received by you:
- if delivered by hand to the address last known to us, on that day;
- if sent from a place within Australia by regular post to the address last known to us within Australia, at 9.00 am on the sixth Business Day after the date of posting;
- if sent by email, unless we receive a notification of delivery failure, within 24 hours of the email being sent.
21. Our right to change the terms and conditions
We have the right to amend, remove or vary our terms and conditions at any time. This won’t affect any Job Orders that you have accepted before the amendment is made. You should always check the terms and conditions before submitting a Job Order.
22. Everything else you need to know
These terms and conditions, combined with the Job Order and any credit application, contain everything that we have agreed on in relation to you hiring the Hired Goods from us.
As such, you cannot rely on an earlier document, or on anything said or done by us before we entered into this Contract, except of course where the Australian Consumer Law says otherwise.
The governing law of the Contract is the State of Queensland.
23. Defined Terms
Adverse Condition means any condition which may have the effect of negatively impacting Hired Goods’ condition, appearance or useful life. This includes but is not limited to; moisture, dust, dirt, excessive sun, excessive wear, animals, insects, rodents etc.
Contract means any contract that comes into effect between us pursuant to clause 5.
Deposit means the amount required to be paid under the Job Order;
Hire Payment means the fees and charges payable for any Job specified in a Job Order or payable otherwise pursuant to a Contract.
Job means a home staging or display activity where you hire goods from us (whether or not you use the Hired Goods yourself or provide an on-supply to a third-party customer);
Job Order means a document issued by us, setting out the Hired Goods and the specific terms and conditions (including but not limited to Hire Payments and other charges) upon which we offer to hire the Hired Goods for any Job;
Job Request means a request by you for the supply by us of Hired Goods which may be submitted verbally, in writing or electronically;
Late Payment Fees means an additional fee payable as a result of any failure to pay a Hire Payment (or any other amount payable by you under a Contract or Job Order) on or before the day it is due. The fees will be calculated as 1% of the outstanding Hire Payments per day until we have received the overdue Hire Payment (or any other overdue amount payable by you under the contract, as applicable),
Minimum Hire Period Unless otherwise agreed means four (4) weeks for an initial booking on a new Job Order and two (2) weeks for and extension to an existing Job Order.
Job Order and Payment Conditions:
- The deposit must be paid to confirm this Job Order and is non refundable unless for some reason we cannot fill your order;
- We can cancel or withdraw this Job Order at any time before the Deposit is paid;
- Your order and availability of the Hired Goods will be confirmed 12 days before the Installation Date. If any items you have booked are re-booked or extended under a prior staging booking, you may need to re-select alternate items;
- The total Hire Payments are payable at least 7 days before the Installation Date, failing which we may cancel your Job Order;
- Cancellations notified within 7 days but more than 3 business days before delivery will incur a fee of 25% of the total Hire Payments.
- Cancellations made within 3 business days of delivery will incur a fee of 50% of the total Hire Payments.
- Extensions to existing orders must be confirmed and paid in full 14 days prior to the end of the Hire Period;
- You are hiring the Hired Goods from us for the purpose of home staging and / or display only;
- HiredGoods, including outdoor furniture, must not be left outdoors and / or exposed to sun, weather or any Adverse Conditions without express permission in writing. Furniture must be moved indoors and / or protected from any Adverse Condition when the property is not under inspection.
- Delivery and collection fees are based on sufficient time on site for a single placement of each Hire Item. If additional time is required for a second placement of Hire Items additional fees may apply.
- Early returns outside of the Minimum Hire Period require 7 days’ notice. We will credit to your account any Hire Payments for any unused full weeks.
- Postponements are subject to availability of items and additional fees may apply;
General Job Order Conditions
- This Job Order is issued pursuant to the Terms and Conditions that you have previously accepted in relation to Jobs and incorporates the latest version of those Terms and Conditions that can be found here https://solvd.com.au/terms-and-conditions/. By accepting this Job Order you also accept the latest terms and Conditions.
- Terms used in this Job Order have the same meaning as in the Terms and Conditions.
- The Property must be vacant and fully cleaned for delivery and installation to occur.
- We will require access to the Property at all reasonable times to complete delivery and installation as required.
- You must arrange access for us and our staff, contractors or agents.
- During delivery, installation and styling of the Hired Goods, only staff and/or contractors Solv’d Pty Ltd may be allowed in the Property to ensure that we have uninterrupted access and ability to complete installation.
- Delivery, installation and collection costs are quoted on the basis of the information provided regarding access at the Location. If additional time on site is required due to any access limitations, additional delivery and collection charges will be payable.
- We will install / place all Hired Goods in the rooms and location that you nominate. We are not responsible for “styling”, dressing, installing linen and / or accessories;
- If additional styling or re-styling is required, additional fees may apply and will be invoiced upon completion of any additional work.
- We will require access to the Property at reasonable times during and after the installation of the Hired Goods to take photographs and videography. You authorise us to do so and must ensure that we are provided access.
- The Hired Goods are to be utilised for home staging display only and are not to be used in any other way.
- If the Hired Goods are used, soiled, damaged or otherwise affected by use outside our agreed terms, we may charge you additional fees.
- If the Hired Goods are damaged in any way, we may charge you additional fees which may equal the replacement cost of any damaged items.
- We will charge a cleaning fee where Hired Goods are returned soiled in any way (in which case we will charge you all reasonable costs to professionally clean the item).