Terms and Conditions
All sales are based on the terms outlined below which are deemed to be accepted upon receipt of payment to Exceed.
1. A deposit is required to confirm the agreements so that Exceed can make the necessary provisions to commence the required works unless otherwise specified in the Proposal Terms. No work will be commenced until the deposit amount has been received.
2. In the case where a sales campaign is cancelled but work has commenced, the Deposit is not refundable up to the value of the works commenced. In some circumstances Exceed, in its absolute discretion, may be able to refund part or all of the Deposit.
3. Lead times commence from the date of deposit received.
4. All pricing and/or quotes will be valid for a period of 14 days and fixed once the deposit has been received, unless otherwise specified.
5. The balance of funds will be due;
a) 1 week prior to any furniture being placed on-site, unless otherwise agreed, or
b) 7 days after the photographs have been taken (in the cases of trades & services)
6. Payment cannot be withheld or delayed due to late settlement or completion of the sales campaign, or any disagreement with a Real Estate Agent, unless otherwise arranged and confirmed in writing by Exceed 14 days prior to the due date for payment, unless otherwise noted in the Proposal Terms.
7. All goods remain the property of Exceed at all times, unless a sales agreement is explicitly entered into by both parties.
8. Payment can be paid by direct deposit (electronic funds transfer), or credit card.
Exceed reserves the right to charge the Client an additional fee if Exceed incurs extra charges due to the use of some credit cards. Fees for credit card payments may apply.
9. In some cases a retention sum may be discussed at the completion of hand over for any rectification works required on site as a result of the completed works. Any retention will be released upon confirmation of an agreed rectification program, or as otherwise agreed.
10. Retention sums be confirmed in writing and will not be deducted from final balance due without prior written consent from Exceed.
11. Any agreed rectification works will be attended to as quickly as possible by Exceed and will not relieve the Client of its obligation to make final payment for the works completed on the agreed date.
12. Prices are valid for the timeframe noted in the Proposal provided.
13. Exceed reserves the right to re-price any product in accordance with market conditions if works are confirmed outside of the quoted time frame.
14. Any changes made to an agreed scope [as outlined in the Proposal] after the Proposal has been accepted in writing, must be clearly outlined in writing and may incur an additional costs and price variation.
15. Variations or cancellations to any of the works must be approved by Exceed and the Client where necessary, in writing.
16. Any refunds due to variations and or cancellations will be at the sole discretion of Exceed and may be subject to additional administration fees.
17. Package variations may impact times frames and the Client will be advised of any changes accordingly.
18. No reasonable request for an extension of time will be refused by the Client if changes are made to the package after confirmation due to changes in design, material or product specification at the request of the Client or any Client representative.
19. Exceed will not be responsible or liable for any delay to any sales campaign of a relevant or associated property. Exceed will not be responsible or liable for any associated costs that may or may not be a result of any delays to the agreed works schedule.
DELIVERY, INSTALLATION & HAND OVER
20. Exceed will complete agreed works, provide styling and deliver and install furniture to the agreed address and will coordinate with the Client accordingly. ...
21. Delivery will be during normal business hours from Monday to Friday. Weekend work and installations and after hours installations may incur additional fees.
22. Unless otherwise arranged, Exceed will complete the agreed scope and deliver the furniture over a single agreed period. Deliveries will be within a single agreed time window.
23. Staged deliveries over separate days or delays in access to the property at the request of the Client may incur additional costs. Any associated costs will constitute a variation to the contract and will be quoted and invoiced accordingly.
24. Exceed requires a minimum of 15 working days to coordinate delivery and /or notice of any changes to an agreed schedule or delivery program, unless otherwise noted.
25. Exceed reserves the right to charge any associated costs incurred for changes to an agreed schedule at the request of the Client.
26. Exceed reserves the right to charge any associated costs and re-scheduling fees should the agreed schedule be changed due to the property not being ready for the agreed works, styling or furniture. These cost may include storage and administration fees, or any other fees charged by third parties as a result of the Client delay.
27. Exceed is not responsible for delays caused by others and which are beyond its immediate control, including but not limited to late settlement dates and defects by works performed outside of Exceed’s agreed scope.
28. Exceed reserves the right to charge the Client for any associated costs incurred due to building delays, which may include but not be limited to storage, administration and rescheduling fees. Penalty fees will be charged weekly and are required to be fully paid before relevant work commences.
29. Any delay initiated by the Client or delays outside of Exceed’s control will not affect the agreed due dates for payment, and in some cases, full payment less an agreed delivery and installation cost will be payable on the original scheduled date or at a date to be determined by Exceed.
30. In some cases Exceed may be required to handle items delivered by parties not directly engaged by Exced. Unless otherwise agreed Exceed will not be responsible for any work performed by these parties.
31. Unless otherwise agreed, Exceed will not be responsible for the removal or handling of the packaging or waste, assembly or products or installation or damage caused by parties not directly engaged by Exceed.
32. Exceed shall not be liable to the Client in any way for failure to deliver on the delivery date and any failure to deliver does not create any rights for the Client to cancel the order or terminate this agreement.
33. The Client acknowledges that Exceed shall make all reasonable attempts to perform works and supply furniture agreed to by the Client. Exceed accepts no responsibility for delays, price fluctuations, and unavailable or discontinued stock beyond its immediate control.
34. Exceed reserves the right to exchange unavailable or discontinued goods with goods of a similar type and quality at Exceed’s absolute discretion.
35. Exceed will complete a hand over with the Client, Real Estate Agents or Client representative [as nominated by the Client] prior to the photographer taking the marketing photo’s or at a milestone date as agreed in writing. Any rectification works required to be undertaken will be agreed to by Exceed and the Client.
WARRANTIES, DEFECTS & RETURNS
36. Exceed and Exceed contractors are all appropriately insured.
37. Evidence of insurance can be provided upon written request.
38. A site inspection will be conducted to determine the validity of any complaint or claim.
39. Any works or furniture considered defective by the Client must be reported to Exceed within 7 days of the works being completed or the furniture being installed, but prior to any sales campaign commencing.
40. Exceed accepts no responsibility for defects or damage once the sales campaign commences or a property has been tenanted.
41. Exceed accepts no responsibility for defects or damage caused by the handling of items or work performed by persons not authorised by Exceed.
SCOPE OF SERVICES
42. Exceed will complete works, deliver services and furniture, unpack, move and store items as agreed in the Proposal.
43. Exceed will hang artwork and mirrors, make up beds with bedding and linen and place styling packages where supplied by Exceed.
44. Exceed will remove packaging and waste associated with an works performed by Exceed only, and will vacuum and make good the areas where works are performed by Exceed.
45. Exceed is not responsible for cleaning the property unless specifically agreed in the Proposal.
46. Unless specifically agreed in the Proposal, structural works and base-building works will remain the sole responsibility of the Client, and includes but is not limited to additional in wall support required to hang art works, mirrors and TV wall brackets.
47. Exceed will not undertake any testing or operate existing whitegoods and / or equipment not supplied by Exceed.
48. Any plumbing or associated works are the sole responsibility of the Client unless explicitly agreed in the Proposal.
49. The Client must advise if there are non-standard fixtures, fittings, cavities, building materials or other structural reason which may affect, disrupt or make it difficult for Exceed to complete any works. If the Client fails to comply with this obligation Exceed reserves the right to charge the Client an additional fee in order to complete the work
50. Prior to the installation the Client must:
- Ensure both water & electricity are connected;
- Ensure the property is completed;
- Ensure that the Client has legal ownership of the property;
- Ensure that Exceed has sole access to the property during the performing of works;
- Ensure any building defect works are carried out prior to Exceed commencing;
- Authorize access to allow Exceed on site;
- Provide all keys, security passes and codes if required;
- Ensure lifts are operational if applicable;
- Ensure that no one apart from Exceed and its representatives access the property during the works and note that any damage caused by others will be the sole responsibility of the Client or the Client’s contractor, unless previously agreed by Exceed
51. If the delivery site is not adequately secured during this period and items are stolen, damaged or misplaced, the Client shall be liable. If deemed necessary, the Client shall provide additional security to a site at no cost to Exceed.
52. In the event works are scheduled soon after a tenant has vacated a property the owner must conduct an inspection and note any existing damage.
53. Any insurance on the property and its fixtures and fittings will remain the responsibility of the vendor/property owner at all times.
54. In the event that the Client is in breach of these terms and conditions, or you;
a. go into liquidation;
b. being an individual die;
c. become bankrupt or take advantage of any law relating to bankruptcy or
d. unable to meet your financial obligations under this contract, then you shall pay to Exceed all outstanding debts and Exceed shall be entitled to suspend further works until all outstanding amounts have been paid in full.
55. Any costs associated with the above and / or the removal of any furniture from the site of an installation, due to any of the above factors, will be the sole responsibility of the Client.
56. If any part of this agreement is held invalid that part shall be severed from this agreement and the remainder of the agreement will continue to be valid and enforceable.
57. Upon termination, Exceed shall be entitled to recover from the Client any difference between the fees and the amount paid by a third party if the items comprising the Package are sold by Exceed to a third party for less than what the Client would have paid for those items pursuant to this agreement.
58. All supplied material remain the copyright of Exceed and cannot be re-distributed or used for marketing purposes without Exceed’s written consent.
59. Exceed will have permission to photograph the property before and after the works for marketing purposes and website content.