The Look Staging Limited (“us”, “we”, “our”)
It is agreed:
1.0 Consumer Terms
1.1 The Consumer Terms set out below shall apply and be incorporated into any contract for the hire of furniture/furnishings/art (“furnishings”) as detailed in the contract details page (“Contract Details”) between The Look Staging Limited (“The Look”, “us”, “we”, “our”) and the consumer hiring the furnishings (“the Hirer”, “you”, “your”) (together the “Contract”).
1.2 For the purposes of this Contract, “consumer” means a Hirer who is a “consumer” for the purposes of the Consumer Guarantees Act 1993 and/or the Fair Trading Act 1986.
1.3 If you are in trade (within the meaning of the Consumer Guarantees Act 1993) and the furnishing are supplied to you in trade you acknowledge and agree that:
1.4 It is not intended that any Contract will be either a consumer credit contract or a consumer lease for the purposes of the Credit Contracts and Consumer Finance Act 2003.
2.0 Amendments
2.1 The Look may amend any terms of the Consumer Conditions at any time, in its sole discretion, by posting updated Consumer Conditions on its website (www.thelook.co.nz).
2.2 Notwithstanding clause 2.1, the Hirer will continue to be subject to the Consumer Conditions in effect at the time the Hirer entered into the Contract. Any amended Consumer Conditions shall only apply to a new contract for the hire of furnishings entered into between The Look and the Hirer.
3.0 Hire Fee
3.1 You will pay the Hire Fee prior to delivery of furnishings. The minimum Hire Period is five (5) weeks with extensions of further weekly periods available by written notification at least 5 days prior to the end of the then current Hire Period, and payment of the further hire fee at time of notification. Written notification and/or payment of the hire fee will be considered an extension of the Hire Period. Should the Hirer not notify The Look of their intent to renew or terminate the Contract at the Renewal Date, The Look shall continue to charge for any time the furnishings are retained by the Hirer and the terms and conditions of this Contract shall continue to apply. Refunds for early termination will be considered only for multi week extension periods with the termination date to be 2 business days after the notification to cease hiring. The Hire Period will not be extended beyond one year.
3.2 All Hirer queries or issues with invoiced amounts must be raised with us within one month of the date on the relevant invoice so that any such queries or issues can be promptly reviewed and resolved.
3.3 The Look reserves the right to apply payments received in any manner that we determine.
3.4 Without prejudice to other remedies available to The Look under these Consumer Conditions, at law or otherwise, the Hirer will pay default interest at the rate of 2% above The Look’s overdraft rate per calendar month on all outstanding amounts from the date payment is due until all monies have been paid in full.
3.5 The Hirer must make all payments due under the Contract (time being of the essence) without set-off or deduction of any kind.
4.0 Scope of work
The Hire Fee includes delivery and pick up of the furnishings. Placement of items within the Delivery Address shall be at our discretion. If you request a change in furniture or accessories after installation, you will incur additional cartage and labour costs.
5.0 Display Use
You agree that the furnishings are for display use only. We may during the term of Contract, change items at our discretion and in consultation with you, by substituting changed items with similar or more compatible items.
6.0 Access
Once this Contract has been accepted by you, you grant to The Look, or will procure that The Look is granted, an irrevocable right and authority to enter, and for The Look to bring vehicles at any time onto, the Delivery Address or any other place where the furnishings are located to deliver and/ or remove hired furnishings either on the expiry of the Hire Period or on termination of the Contract. You must give us entry keys and/or access details to enable us free entry to the property Delivery Address at such times as we may require.
Should we be operating under COVID alert or traffic light levels, you agree to abide by the reasonable H & S protocols The Look works with to ensure the safety of our staff. For clarity, all sites must be clear of other persons while we are installing or removing items.
Should the hirer fail to provide suitable access for The Look or it’s agents between 8:30 and 5:30, additional rental charges will be charged beyond the original expiry date.
7.0 Installation
Any renovations must be finished and the house thoroughly cleaned BEFORE we install furnishings in the house. If there is a delay in finishing work at the house making it unlikely we will be able to install the furnishings as scheduled, you must notify us of the delay at least 3 working days’ prior to the scheduled installation date. If you don’t notify us prior to the scheduled installation date, you will be liable for the Hire Fee from the date we were to install the furnishings and for any other additional costs. Should The Look or its’ contractors be requested or obliged to move clients property without prior arrangements being made, extra charges may be incurred.
8.0 Removal
You are not entitled to sell, assign, sublet, lend, pledge or mortgage any of the furnishings the subject of this contract, or to remove them from the premises detailed under Delivery Address.
9.0 Damage to our property
You must keep the furnishings in a good and clean condition. If any damage occurs you will be required to pay the cost required to repair the damaged furnishings or to replace the item/s at their retail price. For the avoidance of doubt, the presence of pets in a staged property is expressly prohibited due to the potential damage they can cause.
10.0 Damage to your property
If you ask us to hang artwork, mirrors or pictures, we will do so but we will not be liable for any resulting damage to the surfaces to which they are affixed. Similarly we will not be liable for any indentations resulting from the placement of furnishings on floors or flooring. Additionally, we will not be liable should there be any discolouration of carpets or other floorings due to “gassing off” or damaged caused by UV. Should The Look or its contractors be requested or obliged to move owner’s property, we will take due care in moving these items. However, should any damage be incurred, it will be considered at the Hirer’s risk.
11.0 Bond
You must lodge a credit card for all bookings. We may also require a bond of $1,000.00 to be lodged. Lodging a bond does not in any way indicate a maximum amount of your liability for damage or hire costs should they exceed the sum of $1,000.00.
12.0 Insurance
12.1 Although we will insure all furnishings:
12.2 Insurance Excess: While The Look insures all its furnishings, we are subject to commercial excess’s as follows:
13.0 Termination
13.1 The Look may terminate the Contract by notice with immediate effect if:
13.2 Upon termination of this Contract The Look will repossess the furnishings. We (or our agents) may enter the Delivery Address or other address where the furnishings are stored for the purpose of repossessing our furnishings.
13.3 Where The Look terminates the Contract pursuant to clause 13.1, the Hirer indemnifies The Look against, and shall pay to The Look upon demand, any cost (including legal costs), claim, damage, expense or liability suffered or incurred by The Look whether arising directly or indirectly from The Look acting to recover any hired furnishings or monies payable by the Hirer pursuant to the Contract.
13.4 Termination of the Contract by The Look is without prejudice to any rights that The Look may have under this Contract.
14.0 Ownership of furnishings
14.1 You acknowledge that title to the furnishings remains with The Look at all times and no attempt to claim ownership will be undertaken should an event, such as insolvency, give rise for such a claim to be made.
14.2 You acknowledge that the hire of the furnishings may create a security interest in the furnishings to secure the full payment of all moneys payable to The Look and the performance by the Hirer of all of its other obligations to The Look. If the Contract (including these Consumer Conditions) constitutes a security interest, this document constitutes a security agreement for the purposes of the Personal Properties Securities Act 1999 and The Look, at its discretion, may take all steps necessary to perfect its security interest.
15.0 Indemnity
You indemnify us against all claims, expenses, losses, damages and costs (including legal costs) incurred as a result of a breach, negligent act or omission by you in the course of or related to your performance of, or failure to perform, your obligations under this Contract. This includes any costs incurred by us in attempting to exercise our rights under this Contract. All costs incurred in recovery of the overdue funds including but not limited to debt recovery fess charges and legal fees will be added to the balance of your overdue account.
16.0 Limitation of liability, injury or damage to hirer, third person or property
16.1 For the avoidance of doubt, nothing in this Contract affects, or attempts to exclude in any way, the Hirer’s rights under the Consumer Guarantees Act 1993.
16.2 Other than for claims made under the Consumer Guarantees Act 1993, the maximum aggregate liability of The Look for all claims made by the Hirer will not exceed the lesser of the total aggregate Hire Fees paid by the Hirer to The Look pursuant to the Contract and three months’ hire fees paid by the Hirer to The Look pursuant to the Contract, except where such liability arises as a result of the negligence of The Look.
16.3 The Hirer will indemnify The Look against any liability, losses, damages or expenses incurred or suffered by The Look as a result of any claim made by a third person against The Look in respect of any loss or liability arising from the Contract or arising out of the use of the furnishings by the Hirer, except where the loss or liability has arisen due to the negligence of The Look.
16.4
17.0 General
17.1 Headings are inserted for convenience and shall not affect the construction of the Contract. The singular includes the plural and vice versa. Words with initial capitals have the meaning ascribed to them in context or as defined. Persons include incorporated and unincorporated entities. Words implying one gender include the other. A reference to a clause or sub clause is a reference to a clause or sub clause hereof. A reference to The Look includes its servants, agents, successors and assigns. The word “including” does not imply limitation.
17.2 If at any time any provision of the Contract is or becomes illegal, invalid or unenforceable in any respect under the law of New Zealand, that will not affect or impair the legality, validity or enforceability of any other provision of this Contract.
17.3 Nothing expressed or implied in this Contract will constitute either party as the partner, agent, employee or officer of, or joint venturer with, the other party.
17.4 This Contract is governed by the laws of New Zealand. The parties agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.
18.0 Privacy Act 1993
18.1 The Look requires personal information and will collect and hold personal information about the Hirer, principally for the purpose of evaluating the hire of furnishings by the Hirer. The Hirer’s application to hire furnishings may be declined or the hire terminated if the Hirer fails to provide requested personal information. The Hirer can access and seek correction of any personal information by contacting The Look. The Hirer agrees that its personal information may be used by The Look to advise the Hirer of The Look’s other goods and services. The Hirer authorises the disclosure of personal information held by any other party regarding any previous hire contracts entered into by the Hirer.
19.0 COVID19
The Look shall not be liable for any delays, restrictions, postponements or any other matter caused by COVID19 and any resultant action taken by the New Zealand Government and any of it's departments. The Look and it's agents agree to act in accordance with any applicable legislation and act in a safe manner at all times. You agree to act in accordance with any applicable legislation at all times and to provide access to the property in a contactless manner. Any delays to the installation or removal of the staging caused by another party being on the premises shall be your responsibility and we may choose to charge you an hourly rate to cover our costs of the delay. Should any or all employees or agents of The Look be required to isolate due to a public health order, we will make best endeavours to organize replacement service providers in accordance with our COVID19 response plan. Any delays in service caused by isolation or COVID 19 shall not be grounds for the hirer to pursue damages.