1.0 Formation of the contract
1.1 These Terms & Conditions, together with the project proposal and/or written quote supplied by Stage Me which describe the services, set out the entire agreement between Fancypants Design Limited (Trading as Stage Me) a company registered in New Zealand with the company number 3388892 (“Stage Me”) and you (the “client”). This contract will apply once appointment has been made to provide Stage Me services (the “services”).
1.2 Before procuring The Services you should read these terms and conditions carefully. If you do not agree with them, do not use the Services of Stage Me.
1.3 For contracts signed on behalf of Companies or other such similar enterprises this Contract and its associated Terms & Conditions must be signed by an individual who is duly authorized to make such commitments on behalf of that company of organization.
2.0 Stage Me Obligations
2.1 Stage Me will endeavor to advise the client of the predicted timescales of works as soon as is possible after the quotes have been produced. All such dates shall be approximates only and Stage Me cannot be held responsible for any delay in completion.
2.2 Stage Me is responsible for organizing third party companies, firms or individuals (“Third Party Suppliers”) to undertake certain work for the Client, as confirmed by Stage Me.
2.3 In some cases, goods and materials are supplied by Stage Me directly to the Client and Stage Me herby warrants that such goods and materials shall be of satisfactory quality and for for their intended purpose. All items provided by Stage Me are intended for display purposes only and Stage Me reserve the right to swap out items with others that are of equivalent or more suitable quality within the staging period.
3.0 Client Obligations
3.1 The Client shall ensure that the property for which the Services must be carried out, is irrevocably accessible to employees of Stage Me and any third party suppliers throughout the duration of works, including; all alarm codes, keys and sufficient access for the installation of large furniture. It is agreed that Stage Me will have full right of access to the property for removal of staging items should there be any default in payment.
3.2 The Client will also ensure that utilities such as electricity and water are available for use at the property throughout works and at no cost to Stage Me.
3.3 The Client will take all necessary steps to ensure that any furniture and/or other associated equipment supplied under this contract is secured and protected from loss or damage whilst in their care and jurisdiction. Any such loss or damage must be reported directly to Stage Me without any unnecessary delay.
3.4 The Client will ensure that any furniture and/or other associated equipment are maintained in a clean and tidy state, during the period of the Contract. This is especially important where the furniture and/or other associated equipment are used in a building site or renovation location.
3.5 The Client will ensure that any furniture and/or other associated equipment are maintained in the same state and location as they were placed by Stage Me at the start of the staging period unless Stage Me have been notified in writing and approved of any changes.
4.0 Purchasing, Rental & Ownership of Product
4.1 From time to time, Stage Me may need to purchase products for the Client in addition to the scope of works already proposed. In such cases, full payment of the agreed purchase price is required from the client prior to purchasing the agreed products.
4.2 All furniture, furnishings and staging items supplied and installed by Stage Me are for hire purposes only and ownership of the goods remains consigned to Fancypants Design Ltd. T/A Stage Me.
4.3 Should the Client wish to purchase the goods, ownership will remain with Stage Me until such time as all outstanding invoices have been paid in full.
4.4 In the case of furniture hire, Stage Me carries contents insurance provided that the premises is fully secured. Should any damage, loss or theft occur when these conditions are not met, the Client will be liable for all costs associated with the repair or replacement of the supplied goods and associated equipment.
5.0 Third Party Suppliers
5.1 The Client will form a direct contractual relationship with Third Party Suppliers, and will be responsible for managing these relationships and any financial settlements direct with the Third Party Suppliers.
5.2 If so requested, Stage Me may coordinate the services and financial settlements with Third Party Suppliers on their behalf, as part of the services undertaken, but the client will remain ultimately responsible for the contractual relationship with the Third Party Supplier.
5.3 Stage Me is not responsible for forming any contractual relationship on behalf of the client.
6.0 Payment & Billing Terms
6.1 The charges for the Services are set out in the quote provided. The initial staging fee is required at least five working days before Services are to be carried out unless otherwise stated by Stage Me in writing.
6.2 All payments should be made by cash, credit card, cheque or bank transfer.
6.3 In the case of payment by cheque or bank transfer, payment must be cleared before Services are provided.
6.4 All Cheques should be made payable to Stage Me or as confirmed by Stage Me.
6.5 All payments to Stage Me are due immediately upon presentation of invoice.
6.6 Five working days before the end of the initial hire period, Stage Me will notify the client of the scheduled time and date to remove the supplied goods and associated equipment at which time the Client may request to extend the staging period. If the Client does not confirm the end of the hire period within those five working days, Stage Me reserve the right to remove all items at the end of the period of hire and invoice the client for any associated costs with rescheduling transportation and delivery should the Client wish to extend.
6.7 If client defaults on a payment, or payment remains unpaid for five working days or more, It is agreed that Stage Me reserves the full and irrevocable right to remove all supplied items from the premises.
7.0 Cancellation and Termination Policy
7.1 The Client has the right to cancel this contract (the “Contract”) at any time up to the end of five working days before the Services have been scheduled, subject to the following provisions. A working day is any day other than weekends or other public holidays.
7.2 The Client does not have the right to cancel the Contract if the supply of Services begins with the Client’s agreement before the end of the five working day cancellation period.
7.3 To exercise the right of cancellation set out in clause 7.1, the Client must give written notice to Stage Me by hand, post or email, at Stage Me’s address, or email address as set out in clause 9.2 below.
7.4 Once the Client has notified Stage Me that the Client is canceling the contract, Stage Me will within 30 working days refund the Client for the Services.
7.5 Following the five working day period set out at clause 7.1, the Client has a right to terminate the Contract at any time by giving notice in writing to Stage Me. The Client will be liable to pay Stage Me for the Services provided to the date of termination (including but not limited to, services already performed, goods and materials supplied or ordered on the Client’s behalf, any services that may incur cancellation fees and any travel or accommodation costs incurred by employees of Stage Me or Third Party Suppliers).
7.6 A delay by either party in acting on a breach of this Contract will not be regarded as a waiver of the breach. If either party waives a breach ot the Contract by the other, the waiver is limited to that particular breach only.
7.7 Termination of the Contract will not affect either party’s outstanding rights or duties, including Stage Me’s irrevocable right to recover any money owing to it under these Terms and Conditions.
8.1 Stage Me shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any information or instructions supplied by the Client which is or are incomplete, incorrect or inaccurate.
8.2 Stage Me shall not be liable to the Client for any unforeseeable loss or damages arising from the provision (or non-provision) of the Services, including loss of profit or consequential loss or damage.
8.3 Neither Stage Me, nor the Client, shall be liable for any failure to perform its duties under this Contract due to circumstances beyond its control, including without limitation flood, fire or other adverse weather conditions.
8.4 To enable Stage Me to deal with any complaint that may arise relating to the Services, the Client must provide full details of any complaint within one working day of the supply of the relevant services.
8.5 Hanging of Artwork, Mirrors and other items is a part of our contracted Services. It is agreed that any damage arising from installation of all furniture, furnishings, artwork and mirrors remains the Clients responsibility to rectify or restore after the items have been removed by Stage Me including, but not limited to, nail holes, hooks, blemishes, discoloration, carpet indentation, scratches.
8.6 Nothing in these Terms & Conditions affects any liability for death or personal injury caused by Stage Me’s negligence or for fraudulent misrepresentation, or the Client’s statutory rights as a consumer.
9.0 Data Protection & Intellectual Property
9.1 Stage Me will only use any personal or sensitive information provided by the Client for the purpose of providing the Services, or for informing the Client of the availability of similar services, unless the Client agrees otherwise.
9.2 The Client can correct any information, or ask for information about the Client to be deleted by giving written notice to Stage Me at the following address: Stage Me, 15 Abelia Avenue, Mount Maunganui, 3116 or by email: [email protected]
9.3 The copyright, design right and all other intellectual property rights in any materials and other documents or items prepared or produced for the Client by or on behalf of Stage Me in connection with the Services shall belong to Stage Me absolutely and any such materials, documents or items shall be or remain the sole property of Stage Me.
9.4 Stage Me shall be permitted to use photographs of the Client’s property which demonstrate the Services provided by Stage Me for its own marketing purposes.
9.5 Where Photographs have been taken for use in the Client’s own marketing, Stage Me and Matthew Pollard retain all copyright. The Client agrees to use these photographs supplied in accordance with The Licensing Agreement supplied only.
9.6 The Client shall be entitled to use any such materials, documents or services other than photography as referred to in paragraph 9.3 in connection with the Services but shall not be entitled to copy and such items or use them for any commercial purpose.
10.1 Stage Me may assign or sub-contract the Contract if this is necessary for operational reasons or in connection with a business transfer or reorganization. Otherwise, the Contract is not transferable by either party.
10.2 Nothing in this Contract gives any right to any third party to enforce any provision under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
10.3 These terms and conditions and the Contract will be subject to New Zealand law, and the New Zealand courts will have jurisdiction in respect of any dispute arising from the Contract.