1. Staged Home Staging shall hire to the Customer, and the Customer shall take on hire, the Furnishings for the hire period detailed on the front page of this Agreement (“Hire Period”). The Hire Period may be extended by the parties in writing prior to the expiration of the Hire Period.  Any extension of the Hire Period will result in a revision of the Hire Fee, which will be notified to the Customer in writing.
2. The Customer acknowledges that by booking a consultation or proceeding with home staging services offered by Staged Home Staging, the Customer and any guarantor, in accordance with clause 32, has read, understood and accepted the terms of this Agreement and agrees to be bound by this Agreement.
3. During the Hire Period, all of the Furnishings shall be located at the address detailed on the front page of this Agreement, or at such other location as may be agreed to in writing from time to time by Staged Home Staging and the Customer (“Premises”).
4. The Customer shall advise Staged Home Staging if there is any amendment to any of the details recorded in this Agreement, including any change to the Premises.
5. A minimum of 48 hours prior to the commencement of the Hire Period, the Customer shall pay the entire Hire Fee by direct credit to the following bank account: Account number: 01-0277-0768880-02 Account name: Staged  Home Staging Limited
6. Where the hire is a Partial Staging hire a bond shall be payable at the commencement of the Hire Period (“Bond’). The amount of the Bond is indicated in the Schedule.  The Bond, shall be non-refundable in the event there is any breach of the terms of this Agreement.  If there have been no breaches and there are no amounts owed by the Customer to Staged  Home Staging at the end of the Hire Period, the Bond will be refunded to the Customer.
7. If there is damage to any of the Furnishings or there are other breaches of this Agreement, the Bond shall be retained by Staged Home Staging.
8. The hire fee detailed on the front page of this Agreement (“Hire Fee”) and Bond (if applicable) will be invoiced and is to be paid in full a minimum of 48 hours prior to the Commencement Date for the Hire Period. The Hire Fee and Bond are inclusive of GST. 
9. All payments to be made by the Customer under this Agreement must be made without set-off, counterclaim or withholding.
10. If the Customer has elected to take up the real estate marketing package offered by Staged Home Staging, as indicated on the front page of this Agreement, the Hire Fee will cover use of the Furnishings at the Premises for up to five weeks inclusive of the open homes at the Premises.
11. Staged Home Staging makes no representations, warranties nor guarantees, whether express or implied, as to the Furnishings or their suitability nor in any respect to the successful sale of the Premises.

12. Prior to the Hire Period, Staged Home Staging will meet with the Customer at the Premises and consult with the Customer as to their options with the Furnishings (“Consultation”).
13. If the Customer proceeds with hire of the Furnishings within 3 months of the Consultation, the price of the Consultation is included in the Hire Fee. If the Customer does not proceed with the hire of Furnishings within the 3 month period or cancels or reschedules the Consultation meeting within 6 hours of the scheduled time, Staged Home Staging reserve the right to charge the Customer $100.00 inclusive of GST for the Consultation. 

14. If the Customer cancels this Agreement within 48 hours’ prior to the commencement of the Hire Period, the Customer shall be liable to pay to Staged Home Staging 50% of the Hire Fee and Bond.
15. If either:

(a)        the Customer has signed up for the Real Estate Marketing Package and the Premises is sold prior to the end of the five week term; or

(b)        the Customer wishes to withdraw the Premises from the market,

the Customer will notify Staged  Home Staging in writing of such circumstances and permit Staged Home Staging to immediately retrieve the Furnishings from the Premises.  The Customer will not be entitled to receive any refund of the Hire Fee or Bond in such circumstances.  Staged Home Staging will be permitted a 7 day period to remove the Furnishings from the Premises from the date of notification by the Customer of cancellation of this Agreement. 

16. If there has been a breach by the Customer of any of the terms of this Agreement, Staged Home Staging may terminate this Agreement with immediate effect by notice in writing to the Customer.
17. On termination of this Agreement, the Customer shall promptly pay all outstanding amounts owed to Staged Home Staging and permit Staged Home Staging to return to the Premises for collection of the Furnishings that Staged Home Staging had supplied to the Customer in connection with this Agreement. Termination of this Agreement shall not prejudice or in any way affect the accrued rights or claims of Staged Home Staging that have arisen prior to the date of the termination or expiry of this Agreement, or any provisions of this Agreement that are intended to survive termination of it.

18. During the Hire Period, the Customer shall ensure that:

(a)        There is no damage whatsoever caused to any of the Furnishings and that the Furnishings are used solely for the purposes intended by this Agreement, i.e. to stage the Premises for marketing purposes;

(b)        It is satisfied prior to the Hire Period commencing that the Furnishings is suitable for its purposes;

(c)        It shall not repair, alter or modify the Furnishings in any way without the prior written consent of Staged Home Staging;

(d)        There is power and water available to the Premises at the commencement of the Hire Period; 

(e)        At the commencement and end date of the Hire Period, there is access to the driveway and that all doors and exits are free and clear of obstacles.  If the driveway, doors or exits are not free and clear then the Customer will be liable for any additional time and expense incurred by Kingsley Home Staging to facilitate the set-up or collection of the Furnishings; and

(f)         The Customer shall ensure a safe environment for Staged Home Staging staff at the Premises.  This includes ensuring that the Premises is free from any threat or implied threat of injury, threatening behaviour or abusive gestures and language. Should the Premises not be a safe environment, as reasonably determined by Staged Home Staging, the staging process may not be completed.  In such circumstances there will be no refund of the Hire Fee or other recourse for the Customer.    

19. The Customer permits Staged Home Staging to photograph the Premises before and after the Furnishings are installed and use all such photographs for reference and marketing purposes of its business.
20. The Customer acknowledges and agrees that Staged Home Staging may reasonably use photographs of the Premises to advertise its services at any time, including during or after the Hire Period.
21. The Customer further permits Staged Home Staging to display marketing material at the Premises for the duration of the Hire Period. Marketing material may include printed material inside the Premises or signage displayed outside the Premises. 

22. At the end of the Hire Period, Staged Home Staging shall return to the Premises to collect the Furnishings.
23. The Furnishings must be returned in a good repair and undamaged condition. Should any Furnishings be damaged or lost, Staged Home Staging may carry out repairs or replace the item and invoice the cost to the Customer.  Staged Home Staging will be entitled to retain any Bond paid by the Customer where the hire is a Partial Staging hire. 
24. Any amounts invoiced to the Customer pursuant to this Agreement shall be payable seven days from the date of invoice.

25. On 24 hours’ notice given to the Customer by Staged Home Staging, its representative, employee, contractor may enter the Premises in which the Furnishings are located, for the purpose of inspection or repair of the Furnishings.
26. The Customer will provide Staged Home Staging with access to the Premises where Furnishings are located, including keys plus any relevant alarm and door codes, for the duration of the Hire Period.

27. Staged Home Staging will maintain insurance for the Furnishings. The Customer shall not do or fail to do anything that may detriment Staged Home Staging’s insurance of the Furnishings and will comply with Kingsley Home Staging’s reasonable directions in that regard.
28. In the event that any of the Furnishings are destroyed or damaged and an insurance claim is made by Staged Home Staging on its insurance, the Customer shall be liable to pay to Staged  Home Staging $750.00 to compensate for the insurance excess.
29. If the Furnishings are destroyed or damaged so as to be unusable, and the insurance money paid by the insurance company pursuant to any claim is insufficient in Staged Home Staging’s reasonable opinion to replace or repair the Furnishings, then Staged Home Staging may by notice in writing to the Customer, terminate this Agreement and will not be obliged to replace the Furnishings. The Hire Fee and any Bond shall be retained by Staged  Home Staging and the Customer shall be liable for any excess of damage over and above the insurance money received by Staged Home Staging. 

30. The Customer shall indemnify Staged Home Staging against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable solicitor’s fees and costs, arising out of, connected with any default by the Customer under this Agreement, or resulting from the use of the Furnishings by the Customer including:

(a)        The delivery, possession, use, damage to, or return of the Furnishings;

(b)        All costs in connection with late payment, including debt collection costs and any other costs and expenses incurred in the recovery or attempted recovery of all payments; and

(c)        Claims resulting from failure of the Furnishings to achieve the desired or expected results.

31. Neither party shall be liable for any loss of profits or any consequential, indirect or special loss, damage or injury of any kind arising directly or indirectly from any breach of any of its obligations under or in connection with this Agreement or from any cancellation of this Agreement or from any negligence, misrepresentation or other act or omission on the part of the party, its servants, agents or contractors.
32. If you are a director(s), trustee(s) or agent(s) entering into this Agreement on behalf of a Customer who is a company or trust, you agree that you are to be subject to the terms of this Agreement in your personal capacity and personally undertake to ensure the payment of all money owed by the Customer to Staged Home Staging. You agree to indemnify Staged Home Staging against any non-payment by the Customer and any other breach of this Agreement. Any personal liability of a director, trustee or agent under this Agreement will not exclude the Customer in any way from the liabilities and obligations contained in this Agreement.

33. The Furnishings are, and shall at all times be and remain, the sole and exclusive property of Staged Home Staging and the Customer shall have no right, title or interest in the Furnishings except as set out in this Agreement.

34. The Customer shall not suffer any security interest, encumbrance or lien of any kind to arise or remain on the Furnishings or any part of the Furnishings.
35. The Customer shall not agree, attempt, offer, or purport to sell, assign, sublet, lend, pledge, mortgage, bail, let on hire or otherwise part with or attempt to part with personal possession of the Furnishings or otherwise deal with the Furnishings.

36. This Agreement constitutes the entire Agreement between the parties and it shall not be amended, altered or changed unless in writing and signed by the parties.

37. The Customer shall not be entitled to assign or transfer in any other way its rights, interest or obligations under this Agreement to any other party without Staged Home Staging’s written consent.

38. Staged Home Staging and the Customer agree that each of the following events amounts to default by the Customer under this Agreement (“Event of Default”), if the Customer:

(a)        Fails to pay hire fees or other money payable under this Agreement on the due dates for payment;

(b)        Fails to perform or observe any of the covenants or provisions of this Agreement on the part of the Customer to be performed or observed;

(c)        Shall have execution issued against the Customer’s property under a judgment in any Court;

(d)        Has made any false, inaccurate or misleading statement to Staged Home Staging with regard to the entering into this Agreement by the parties;

(e)        Becomes bankrupt or if the Customer makes an assignment to or composition with the Customer’s creditors, or, if the Customer is a corporate body and a resolution is passed or a petition filed for the winding up of the Customer other than for the purpose of reconstruction or amalgamation or if the Customer becomes subject to the appointment of a receiver or a liquidator.

39. If an Event of Default occurs Staged Home Staging may immediately, or at any time thereafter, without giving any notice to the Customer terminate this Agreement and enter upon any land or Premises where the Furnishings may be situated and retake possession of the Furnishings.
40. Late payments will incur interest on the amount outstanding at a rate of 14% per annum from the date the payment was due to the date that payment is received by Staged Home Staging.
41. Any enforcement of these default provisions by Staged Home Staging shall not release the Customer from any liability in respect of any breach or non-observance of any of the provisions contained or implied in this Agreement, and is without prejudice to:

(a)        Staged Home Staging ’s right to retain all money paid to Staged Home Staging pursuant to this Agreement; and

(b)        Staged Home Staging’s right to claim damages or pursue any other remedy at law or in equity.

42. No provision, other than those which are mandatory, shall be implied by statute or at common law or otherwise into this Agreement against Staged Home Staging.
43. No representation or express condition or warranty shall be binding upon Staged Home Staging unless it is in writing and executed by Staged Home Staging.
44. In the event that any limitation or provision contained in this Agreement is invalid for any reason and Staged Home Staging becomes liable for loss or damage then its liability shall be limited to $1,000.

45. If the Customer is a natural person, the Customer (being an “Individual”) irrevocably authorises:

(a)        Staged Home Staging to collect, retain and use such information about that Individual as Staged Home Staging may necessarily require for the purposes of:

(i)         Carrying out credit checks, (including any overdue fines balance information held by the Ministry of Justice) assessing the Customer’s credit worthiness or responding to any credit enquiry about the Customer;

(ii)        Processing, creating and otherwise administering an account, including any application;

(iii)       Supplying Furnishings to the Customer;

(iv)       Dealing with requests, enquiries or complaints and other Customer care related activities and all other general administrative and business purposes;

(v)        Marketing any products or services to the Customer and carrying out market and product analysis and research;

(vi)       Enforcing Staged Home Staging’s rights under these terms and conditions;

(vii)      Carrying out any activity in connection with any legal, governmental or regulatory requirements that Staged Home Staging is subject to or in connection with legal proceedings, crime or fraud prevention, detection or prosecution; and

(viii)      Any other purpose as consented to by that Individual in writing from time to time, (collectively referred to as the “Purposes”).

(b)        any person or entity to provide Staged Home Staging such information as Staged Home Staging may necessarily require about that Individual for the Purposes;

(c)        Staged Home Staging to disclose information about that Individual as necessarily required for the Purposes, or as otherwise authorised by that Individual, including to:

(i)         Third parties who provide products or services related to the Furnishings that Staged Home Staging provides, such as dealers and suppliers;

(ii)        Credit reference agencies;

(iii)       Third parties to whom Staged Home Staging may be required to disclose information by reason of legal, governmental or regulatory authority or where Staged Home Staging believes in good faith that disclosure is necessary to protect or enforce Staged Home Staging’s rights or the rights, property or safety of others;

(iv)       Any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Customer;

(v)        Trusted third parties to provide services or perform functions on Staged Home Staging’s behalf; and

(vi)       To any other third party where that Individual has given its express consent for Staged  Home Staging to do so.

46. In addition to clause 45, Staged Home Staging shall be entitled to collect, use and disclose information about an Individual in accordance with any applicable New Zealand privacy legislation.
47. An Individual is entitled to request access to and correction of any such information held about them by Staged Home Staging.
48. Staged Home Staging will maintain reasonable security safeguards to protect an Individual’s information and take reasonable steps to ensure that Individual’s information is not disclosed to an unauthorised person or entity.
49. Staged Home Staging will retain an Individual’s information for so long as is reasonably necessary to fulfil the Purposes for which it was collected, including for the purposes of satisfying any legal, regulatory, tax or accounting requirements.
50. If an Individual fails to provide any information that is reasonably requested by Staged Home Staging, that Individual acknowledges that Staged Home Staging may not be able to set up an account for the Customer, or otherwise provide the Goods to the Customer.
51. Any information about an Individual that is collected by Staged Home Staging will be held by Staged Home Staging.

52. If any dispute arises in connection with this Agreement, the parties with authority to settle the dispute will, within 7 days of a written request from one party to the other, meet in a good faith effort to resolve the dispute. No party may commence any court proceedings in relation to any dispute arising out of this Agreement until it has attempted to settle the dispute by negotiation and either the negotiations have terminated or the other party has failed to participate in the negotiation.  Nothing in this clause will prevent a party from obtaining urgent interlocutory relief in respect of a breach or suspected breach of this Agreement nor taking a dispute to the Disputes Tribunal of New Zealand, where applicable.

53. The parties acknowledge that this Agreement is not a consumer lease or consumer credit contract under the Credit Contracts and Consumer Finance Act 2003.
54. Where the Furnishings are hired for the purpose of a business, the provisions of the Consumer Guarantees Act 1993 will not apply and are excluded.
55. Except as provided in the Consumer Guarantees Act 1993 (if applicable) or as expressly provided for under this Agreement, all other, descriptions, representations or conditions as to the fitness or suitability of the Furnishings for any purpose, are expressly excluded.

56. This Agreement shall be construed and enforced according to the laws of New Zealand.

NO WAIVER

57. No failure or delay by either party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy.

58. If any provision of this Agreement is, or becomes, unenforceable, illegal or invalid for any reason, the relevant provision shall be deemed to be modified to the extent necessary to remedy such unenforceability, illegality or invalidity or if this is not possible then such provision shall be severed from this Agreement, without affecting the enforceability, legality or validity of any other provision of this Agreement.