SOLV’D Pty Ltd
ACN: 637 838 950
ABN: 33 637 838 950
Address: Unit D 150 Dalmeny St Willawong Queensland 4110
1. Definitions
In these Terms and Conditions of Hire, unless the context otherwise requires:
1.1. Agreement means this Hire Agreement, including the Job Order, any associated credit application, Liability Waiver, these Terms and Conditions of Hire, and Appendix A (Cancellation and Rescheduling Fees).
1.2. Cancellation Fee means the fee specified in Appendix A based on the timing of cancellation.
1.3. Default Charge means interest on overdue Hire Charges at the Default Interest Rate from the date of default until the default is remedied.
1.4. Default Interest Rate means 10% per annum, calculated daily as simple interest.
1.5. Deposit means the deposit specified in the Job Order.
1.6. Delivery Charges means the fees for one delivery of the Goods to a single Site, their initial placement inside the property, and one collection from the Site during the Hire Period, as included in the Hire Charges.
1.7. Direction means your instruction (express or implied) to us or our contractors to handle or reposition Other Items or to position Goods in a specific location.
1.8. Extension Charges means charges for extending the Hire Period, as listed in the Job Order or notified by us.
1.9. Force Majeure Event means any event beyond our reasonable control, including natural disasters, pandemics, government restrictions, war, terrorism, strikes, or supply chain disruptions, that prevents or delays our performance under this Agreement.
1.10. Goods means the items specified for hire in the Job Order, including substitutions, replacements, additions, manuals, accessories, or other items supplied with them.
1.11. Hire Charges means hire fees, Delivery Charges, cleaning fees, repair or replacement costs, and other charges or fees applicable under this Agreement.
1.12. Hire Period means the hire period specified in the Job Order, including any approved extensions.
1.13. Hirer means the individual or entity identified in the Job Order who enters into this Agreement to hire Goods from us.
1.14. Insolvency Event means, in relation to you, being in liquidation, bankruptcy, under administration, having a controller appointed, failing to comply with a statutory demand under section 459F(1) of the Corporations Act 2001 (Cth), being unable to pay debts, entering a compromise with creditors, or any analogous event.
1.15. Job Order means the document, including any invoice, provided to you during the ordering process, which specifies the Hire Charges, Hire Period, Goods, and other details of the hire.
1.16. Liability Waiver means the optional Liability Waiver purchased by you in relation to the Goods.
1.17. Liability Waiver Limit means the liability limit specified in the Liability Waiver.
1.18. Property Owner means an individual or entity who owns a property or an authorised agent acting on behalf of the owner, including but not limited to real estate agents, tenants with permission, or other representatives authorised to stage the property for sale.
1.19. Other Items means any property other than the Goods.
1.20. PPSA means the Personal Property Securities Act 2009 (Cth), as amended.
1.21. PPSR means the Personal Property Securities Register.
1.22. Security Interest has the meaning given in the PPSA.
1.23. Site means the hire location agreed upon for the delivery and collection of the Goods, including, for stylists rehiring, any property of a Property Owner notified to us in writing.
1.24. we, us, our means SOLV’D Pty Ltd (ACN 637 838 950), its successors, employees, agents, and related bodies corporate (as defined in the Corporations Act 2001 (Cth)).
2. Hire Agreement
2.1. We agree to hire the Goods to you, and you agree to hire the Goods from us, for the Hire Period on the terms of this Agreement.
2.2. You agree to pay the Hire Charges in accordance with this Agreement.
2.3. The Hire Period may only be extended with our prior written approval, which may be withheld at our discretion. The minimum extension period is two weeks from the scheduled expiry date of the Hire Period.
2.4. This Agreement may only be varied in writing signed by both parties.
2.5. Variations to a Job Order may incur additional charges or conditions at our discretion.
2.6. If Goods are unavailable for the Hire Period, we may:
(a) supply substitute items with similar features; or
(b) terminate this Agreement by written notice and refund the Deposit and Hire Charges paid.
3. Hire Payments
3.1. You must pay the Deposit within 14 days of the Job Order’s issue to confirm acceptance.
3.2. We may accept or decline Job Orders based on the availability of Goods or our logistical capacity at the time the Deposit is paid.
3.3. If a Job Order is declined, we will refund the Deposit unless you consent to credit it against another Job Order.
3.4. The Deposit and Hire Charges must be paid at least 7 days before the Hire Period commences.
3.5. Extension Charges must be paid at least 5 business days before the Hire Period’s scheduled expiry.
4. Variations to Your Hire Agreement
4.1. You may vary the Hire Period before paying the Deposit.
4.2. After the Deposit is paid, we may:
(a) decline a variation request at our discretion; or
(b) accept it subject to conditions, including changes to Goods or additional charges.
4.3. If there is insufficient space at the Site for all Goods ordered, we may, after reasonable attempts to deliver, withhold surplus Goods, and you remain liable for the full Hire Charges in the Job Order unless we agree otherwise in writing. If you reduce the Goods ordered after paying the Deposit, the full Hire Charges still apply.
5. Delivery and Installation of the Goods
5.1. We will deliver the Goods to the Site on or before the Hire Period commences.
5.2. We will install the Goods as necessary for proper display and staging, subject to your reasonable instructions.
5.3. Delivery Charges cover one delivery of the Goods to a single Site, their initial placement inside the property in accordance with your instructions, and one collection from the Site at the end of the Hire Period. Any additional movement or repositioning of the Goods, including due to changes in your instructions or failure to provide clear instructions, will incur additional fees.
5.4. We may refuse to position Goods in a location that, in our discretion, may:
(a) cause or accelerate deterioration of the Goods;
(b) increase the risk of injury to any person;
(c) risk damage or soiling to the Goods; or
(d) be unsafe for us or our contractors to access.
5.5. We may refuse to handle or reposition Other Items at the Site.
5.6. You must inspect the Goods upon delivery and notify us immediately of any defects.
5.7. If Goods are defective, we may, at our discretion:
(a) repair the Goods;
(b) replace them with similar items;
(c) remove them and refund or credit the applicable Hire Charges; or
(d) terminate this Agreement, remove all Goods, and refund the Deposit and Hire Charges.
5.8. We or our contractors may take photographs or videos of the Site, Goods, and Other Items (which may incidentally include individuals) to record the Goods’ condition and position at delivery and for our marketing purposes, provided we have your consent or, for stylists, the Property Owner’s consent as required under Clause 6.3. You acknowledge such use complies with our Privacy Policy (Clause 13.6).
6. Your Acknowledgments and Obligations
6.1. You acknowledge and agree that:
(a) you are responsible for the safety, control, and use of the Goods during the Hire Period, whether or not you own or control the Site;
(b) the Goods are for display purposes only to stage the property for sale and must not be used for living, habitation, or any other purpose;
(c) you must not alter, relocate, or handle the Goods once positioned by us or our contractors without our prior written consent;
(d) you must promptly notify us if the Goods are damaged, defective, lost, or stolen;
(e) you must maintain the Goods in good condition, ensuring they are not soiled or damaged beyond normal wear and tear;
(f) you must not expose the Goods to risk of loss, damage, or destruction;
(g) you must keep the Goods at the Site agreed upon for the hire at all times, except that stylists may place Goods at properties of a Property Owner for staging, provided the address is notified to us in writing;
(h) you must not dismantle, modify, or reduce the value of the Goods;
(i) you must not do anything to void any insurance over the Goods;
(j) you must ensure we, our employees, contractors, or agents have reasonable access to the Site to inspect or collect the Goods; and
(k) you warrant that you have all necessary authority or consent to use the Site for staging and to authorise our access.
6.2. You may elect to insure the Goods during the Hire Period and may request their replacement value from us for this purpose.
6.3. If you are a stylist rehiring the Goods to a Property Owner, you must ensure your terms of hire with them reflect all relevant obligations from this Agreement, including but not limited to:
(a) the Goods are for display purposes only to stage the property for sale and must not be used for living, habitation, or any other purpose (Clause 6.1(b));
(b) the Goods must be maintained in good condition, avoiding soiling or damage beyond normal wear and tear (Clause 6.1(e));
(c) the Goods must not be altered, relocated, or handled without your prior written consent as the stylist, consistent with our requirements (Clause 6.1(c));
(d) we must have reasonable access to the Site to inspect or collect the Goods (Clause 6.1(j));
(e) we may take photographs or videos of the Goods at the Site to record their condition and for marketing purposes, which may incidentally include individuals or Other Items, and they consent to such use in accordance with our Privacy Policy (Clauses 5.8, 7.5); and
(f) they comply with all other obligations under this Agreement to ensure the proper use and return of the Goods. You are responsible for ensuring their compliance with all such obligations.
6.4. You must arrange and ensure access to the Site for delivery and collection of the Goods, including but not limited to:
(a) securing adequate parking for our vehicles;
(b) notifying neighbours or relevant parties of our attendance if required;
(c) providing lift keys or access codes;
(d) obtaining parking authorisations; and
(e) arranging road closure permits or other approvals if necessary. You are responsible for any costs, delays, or liabilities arising from failure to provide such access.
7. Collection and Removal of the Goods
7.1. You must provide free access to the Site for us to collect the Goods at the end of the Hire Period.
7.2. You irrevocably authorise us and our contractors to enter the Site or any location where the Goods are to collect them and agree to obtain any third-party consent required for such access, indemnifying us for any liability arising from entry onto third-party premises.
7.3. We will take reasonable care when removing the Goods.
7.4. Only we or our contractors may handle the Goods during collection.
7.5. We or our contractors may take photographs or videos of the Site, Goods, and Other Items (which may incidentally include individuals) to record the Goods’ condition and position at collection and for our marketing purposes, provided we have your consent or, for stylists, the Property Owner’s consent as required under Clause 6.3. You acknowledge such use complies with our Privacy Policy (Clause 13.6).
7.6. If you fail to grant access or obstruct collection, you will incur Extension Charges and Default Charges for each day (or part thereof) the Goods remain in your or a third party’s possession.
8. Ownership of the Goods
8.1. The Goods remain the property of SOLV’D Pty Ltd (ACN 637 838 950) at all times.
8.2. This Agreement does not confer any right to purchase the Goods.
8.3. You must not create any Security Interest over, lease, sell, grant a lien, transfer use to third parties, or otherwise deal with the Goods, except as permitted under Clause 8.4, and must keep them free from distress, execution, or legal process.
8.4. Stylists may rehire the Goods to a Property Owner solely for property staging, provided they comply with this Agreement, including ensuring the Goods are used only at the Site agreed upon for the hire, and any Partner Agreement.
9. Liability and Indemnities
9.1. You hire and use the Goods at your sole risk.
9.2. Unless otherwise provided in Clauses 9.6 or 9.7, you are liable for any cleaning, repair, or replacement costs arising from soiling, damage, or loss of the Goods during the Hire Period, including soiling or damage beyond normal wear and tear, unless caused by us or our contractors.
9.3. You are liable to us for any damage, loss, or expense caused by:
(a) damage to Other Items from handling or repositioning at your Direction;
(b) injury from handling or repositioning Other Items at your Direction; or
(c) your negligent act or omission related to the Goods,
except to the extent caused by our act, omission, or a defect in the Goods.
9.4. We are not liable (to the fullest extent permitted by law) for any financial, economic, consequential, or special loss or damage arising directly or indirectly from the Goods or this Agreement.
9.5. Our liability for loss, destruction, or damage is limited to the total Hire Charges for the Hire Period.
9.6. For loss, theft, destruction, or damage beyond repair of the Goods due to fire, storm, flood, or other natural disasters, and if:
(a) you have purchased a Liability Waiver and complied with this Agreement, your liability is limited to the Liability Waiver Limit; or
(b) you have not purchased a Liability Waiver but complied with this Agreement, your liability is limited to the Insurance Excess, provided you have not voided our insurance.
9.7. If the Goods are damaged beyond repair and you have not complied with this Agreement, you are liable for the full replacement cost.
9.8. All implied terms, conditions, or warranties that can be excluded by law are excluded, except for consumer guarantees under the Australian Consumer Law.
9.9. Each party must take reasonable steps to mitigate any loss or damage under this Agreement.
10. Default and Termination
10.1. A Default Event occurs if you:
(a) fail to pay any amount due on time;
(b) breach any obligation, including:
(i) failing to secure access for delivery, collection, or inspection, including as required under Clause 6.4;
(ii) failing to maintain the Goods in good condition;
(iii) allowing a third party to handle or possess the Goods, except as permitted under Clause 8.4;
(iv) causing or permitting damage or soiling of the Goods;
(v) using the Goods for living or non-display purposes;
(vi) failing to ensure terms with a Property Owner reflect this Agreement, as required by Clause 6.3, if you are a stylist; or
(c) experience an Insolvency Event.
10.2. If a Default Event occurs, we may issue a breach notice requiring you to remedy it within 7 days (Breach Notice).
10.3. If you fail to remedy the Default Event, we may terminate this Agreement by written notice, ending the Hire Period, and may:
(a) recover possession of the Goods;
(b) recover losses or damages, including repair, replacement, cleaning, lost profits, or indirect losses;
(c) be discharged from further obligations; and
(d) pursue other legal remedies.
10.4. Termination does not affect your obligations to pay sums due or return the Goods.
11. Security Interests
11.1. You acknowledge that:
(a) we own the Goods, and this Agreement is a security agreement under the PPSA;
(b) we may register our Security Interest on the PPSR;
(c) you must assist us to perfect this registration.
11.2. You waive your rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d), and 132(4) of the PPSA, rights as a grantor/debtor under sections 142 and 143, and to receive a verification statement under section 157.
12. Force Majeure
12.1. We are not liable for any delay or failure to perform our obligations (except payment obligations) due to a Force Majeure Event.
12.2. If a Force Majeure Event prevents performance for more than 30 days, either party may terminate this Agreement by written notice, and we will refund any Deposit or Hire Charges paid for unperformed services, less any costs incurred.
13. General
13.1. You may be entitled to consumer guarantees under the Australian Consumer Law. All other implied terms, conditions, or warranties are excluded to the maximum extent permitted by law.
13.2. If GST applies to any supply under this Agreement, you must pay the GST amount at the same time as the consideration, unless the consideration is GST-inclusive.
13.3. In this Agreement:
(a) singular includes plural and vice versa;
(b) references to persons include corporations and vice versa;
(c) references to a party include their successors and permitted assigns.
13.4. This Agreement is governed by the laws of Queensland. The parties submit to the non-exclusive jurisdiction of Queensland courts.
13.5. If any provision is invalid or unenforceable, the remaining provisions remain in effect.
13.6. We handle your personal information in accordance with our Privacy Policy, available at [insert website]. You consent to us collecting, using, and storing your information to perform this Agreement, including taking photographs or videos of the Site to record the Goods’ condition and for marketing purposes, which may incidentally include individuals or Other Items. For stylists, you must ensure Property Owners provide equivalent consent (Clause 6.3).
13.7. If a dispute arises, the parties will attempt to resolve it in good faith within 14 days before pursuing legal action, except for urgent matters.
Appendix A – Cancellation and Rescheduling Fees
1. Cancellation Charges
If you cancel your booking, the following charges apply based on the number of business days before the scheduled delivery date (excluding the delivery day):
- More than 7 business days: 10% of Hire Charges + loss of Deposit
- 4 to 7 business days: 25% of Hire Charges + loss of Deposit
- Within 3 business days: 50% of Hire Charges + loss of Deposit
2. Rescheduling Charges
If you reschedule a delivery or collection, the following charges apply based on notice provided:
- Less than 24 hours before delivery/collection: 50% of the Delivery or Collection Fee
- 24–48 hours: 40% of the Delivery or Collection Fee
- 48–96 hours: 30% of the Delivery or Collection Fee
- More than 96 hours: 20% of the Delivery or Collection Fee
These charges are a genuine pre-estimate of our costs and losses for preparing, scheduling, and allocating resources, including securing parking authorisations. They are not penalties.