Trading Terms & Conditions - Presenting Beautiful Homes

Intro Terms
1. “We”, “Our”, “Us” and similar expressions refers to Tirrell Corp Pty Ltd and where applicable their Related Bodies Corporate trading as “Presenting Beautiful Homes”. “You”, and similar expressions, refers to the person, corporation, trust or partnership purchasing or hiring equipment from Us and whose name appears in the quotation.
2. Any quotation or services agreement forms part of these terms, whether signed by You or not (together with these terms “the Agreement”).
3. For the purposes of this Agreement, “Goods” shall mean any and all items of furniture or equipment, and / or any trade works described in the quotation provided to You pursuant to this Agreement.
4. In the event that you have not signed the quotation, or any other document forming part of this Agreement, You will be deemed to have consented to and will be legally bound by the quotation and this Agreement on the date on which You take possession of the Goods.
Furniture Hire
1. All hire items are subject to availability at the time of placement.
2. The hire period of the Goods shall commence on the earlier of:
  1. the date on which You take possession; or
  2. on delivery of the Goods to the address nominated by You.
3. The hire will continue for the minimum period of hire specified in Our quotation to You (“Minimum Hire Period”) or the latter of:
  1. The date on which We collect the Goods from You; or
  2. The date on which We accept the return of the Goods from you, whichever is longer (“Hire Period”).
4. We are not liable if, for any reason, the Goods are not available for hire after the expiry of the Minimum Hire Period.
5. We reserve the right to collect the Goods if the property is sold before the Hire Period expires
Hire Fees
1. You must pay the hire fees specified in Our quotation to You (“Hire Fees”) for the duration of the Hire Period and in accordance with this Agreement.
2. You must pay the Hire Fees for the Goods for the Minimum Hire Period notwithstanding earlier return of the Goods or part of the Goods.
3. Payment for styling and hire furniture is required no later than 48 hours before furniture placement. Alternative payment arrangements may be agreed to between the parties (i.e. You and Us) before quoting.
4. Should the product be required after the Minimum Hire Period then weekly hire rates will apply at 15% of the original Hire Fee.
5. Payment for additional rental charges past the Minimum Hire Period is due 7 days from the date of invoices.
Cancellation / Change of Installation Date
1. We will commence packing projects for confirmed orders to meet client deadlines. Cancellation or change of installation date must be notified a minimum of 3 business days before the scheduled placement or a 20% cancellation fee may apply. This is to cover preparation costs and removalist fees.
Insurance
1. All products supplied by Presenting Beautiful Homes are fully insured against theft, flood and fire. General negligence and pet damage are not covered, and repair or replacement costs may be charged to the hirer.
PPSR
1. For the purpose of this Agreement, as appropriate, any words contained in the subsequent clauses have the respective meaning as defined in the PPS Act and the parties acknowledge that:
  1. You are the grantor,
  2. We are the secured party,
  3. the Goods, which are commercial property, are the collateral; and
  4. attachment occurs on acceptance of this Agreement.
2. You acknowledge this Agreement gives rise to a Security Interest in favour of Us, which We may, in our discretion, affect a registration on the PPS Act register (in any manner We deem appropriate) in relation to any security interest arising under or in connection with or contemplated by this Agreement.
3. You waive your right to receive notice of a verification statement in relation to any registration by Us on the register.
4. You agree to promptly execute any documents, provide all relevant information, fully cooperate with Us and do any other act or thing that We require to ensure that We have a perfected security interest in, and have priority over any other security interests in, the Goods or otherwise.
5. You will not:
  1. register a financing change statement in respect of the Security Interest; or
  2. agree to or create another Security Interest in the Goods;
    without the owner’s Our written consent.
6. If Chapter 4 of the PPS Act would otherwise apply to the enforcement of a security interest arising in connection with this Agreement, You agree that the following provisions of the PPS Act will not apply to the enforcement of these terms: section 95 (notice of removal of accession), to the extent that it requires Us to give a notice to You; section 96 (when a person with an interest in the whole may retain an accession); subsection 121(4) (enforcement of liquid assets – notice to grantor); section 125 (obligation to dispose of or retain collateral); section 130 (notice of disposal), to the extent that it requires Us to give a notice to You; paragraph 132(3)(d) (contents of statement of account after disposal); subsection 132(3) (statement of account if no disposal); subsection 134(1) (retention of collateral); section 135 (notice of retention); section 142 (redemption of collateral); and, section 143 (reinstatement of security Agreement).
7. Notices or documents required or permitted to be given to Us for the purpose of the PPS Act must be given in accordance with the PPS Act.
8. We agree with You not to disclose information of the kind mentioned in subsection 275(1) of the PPS Act except in circumstances required by paragraphs 257(7)(b)-(e).
9. If We receive any notice in relation to You under section 64 of the PPS Act, all outstanding monies may, at Our discretion, become immediately due and payable and the Goods may be immediately returnable.
10. You agree to reimburse Us, upon demand, for all costs and/or expenses incurred or payable by the owner in relation to registering or maintaining any financing statement, releasing in whole or in part the owner’s security interest or any other document in respect of any security interest.
Title
1. We always remain the owner of the Goods. You hold the Goods as bailee only during the Hire Period. We retain title to the Goods even if You go into bankruptcy or liquidation during the Hire Period.
2. The Goods shall be at Your risk from delivery or collection by You (whichever is sooner).
Trade Works
1. A 50% deposit is required prior to commencement of any trade services, with the balance due on completion of the work.
2. Additional trade works (extras) will need to be approved by the client prior to starting any such work.
3. Trade work schedules may vary due to weather conditions or other circumstances beyond our control.
Additional Charges
1. We reserve the right to charge You with the replacement costs for any stolen, damaged or dying stock.
2. We may charge an additional 10% levy per month on any invoice that remains unpaid for 30 days or more from the date of invoice. This does not apply if payment from settlement has been agreed between the parties and settlement is within 3 months of the first services rendered.
General
1. The Goods are for display purposes only and are not for personal use. Styled furniture is carefully arranged to showcase the property. It is essential that this furniture remains in its designated positions as moving it around can damage the intended look of the styling and increases the risk of items being broken. Your cooperation in maintaining the integrity of the styled furniture is greatly appreciated.
2. Candles supplied are for display purposes only. Should candles be lit during the hire period the client will be charged for their replacement.
3. Wall hooks required to hang art, mirrors etc. will remain in place once the property is sold or rental ceases. Please note that We do not use stick on hooks as We have found them to be unreliable.
4. Note that the property to be styled must be clean and tidy to allow us to successfully install our furniture and styling. If trade work has been undertaken, we require all trades to be completed and to have left the site prior to install. Cleaning should also be completed before the styling install. We reserve the right to refuse placement of our product if We consider the condition of the property is unacceptable. If the product is not placed due to the unacceptable state of a property, You will be responsible for packing and freight charges incurred.
5. Linen - As outlined above, Goods (including linen) are for display purposes only and are not for personal use. If linen is returned to us that has been used, You will be responsible for any cleaning charges incurred.
6. Pets - While we understand and appreciate your love for pets, we ask that your pets take a ‘holiday’ away from home when you have our furniture and styling present. This policy is in place to ensure the integrity of our furniture. Often pets will leave odours, marks, stains, scratches and can damage unfamiliar items in their home. Kindly be informed that our insurance policy does not cover pet damage. You are fully liable if any such damage occurs, as items can rarely be cleaned or repaired successfully meaning the full replacement cost of any damaged items is often incurred.
7. The account and notice of costs and interest will be prima facie evidence of the amount due to Presenting Beautiful Homes.
8. No claims will be recognised unless raised within 14 days of invoice date.
9. Please note that all prices quoted are inclusive of GST
10. This quote is valid for 30 days

COVID-19

Please note that special conditions apply during the Covid-19 pandemic

In an effort to combat covid-19 and maintain effective social distancing; at both installation and collection of product we request that no people are present other that PBH staff. This includes other trades such as cleaners and painters. This is key to maintaining the health and safety of both you and our staff. We thank you for your cooperation and understanding.

E&OE