1. SERVICES TO BE RENDERED.
Visions shall provide Home Staging Inventory to the Client according to the terms of this Agreement and the terms of the Staging Invoice attached as Schedule A, which is hereby incorporated by reference.
2. PAYMENT AND TERMS.
The Inventory selected by Client will be rented for a period of 30 days starting on the date of delivery, and continuing until terminated in accordance with this agreement.
The date of delivery shall be determined by Visions Home.
Inventory rental rates are published and agreed to at the time of selection, by the Client.
Termination of the inventory rental agreement requires a 5 day written notification prior to the current inventory rental period.
If a 5 day written cancellation notice is not received, the contract will automatically renew for an additional 14 day inventory rental period.
The inventory rental renewal fee will be charged to Client’s credit card in advance for a successive 14 day period, starting on the last day of the previous rental period and continuing until time of scheduled pick-up.
Inventory Rental Fees for are non-refundable and are not prorated for any portion of the rental period.
If inventory is extended past the rental period, there is a fee of 10% of the total original invoice due, per day extended.
Client will not be eligible for any new inventory rental services, if any outstanding fees due.
Selection of inventory by Client is not a promise or schedule to deliver.
Visions will hold your inventory items for 48 hrs from the time of selection, within that 48 hrs a completed Rental Agreement, full balance owed/due, and a scheduled delivery date by Visions must be complete before Visions is obligated to deliver.
Forty-eight hours prior to your scheduled delivery date, your items will be pulled and or loaded onto the truck.
If you change or cancel your scheduled delivery date within that 48 hour period, there will be a 200.00 change or cancellation fee assessed.
Forty-eight hours prior to your scheduled delivery date, if you change or cancel any inventory items selected, there is a 15.00 per item change fee per item.
At the scheduled time/date of delivery, any items refused delivery or sent back will be assessed a 15.00 per item change fee.
3. TERMINATION AND DEFAULT
This Agreement shall run from the contract signing date through the rental end date, or through any extensions of the rental period, or until validly terminated under the terms of this agreement.
Upon termination, Client shall voluntarily and immediately surrender the Inventory to Visions in the same condition as it was when received by Client.
Notwithstanding the foregoing, in the event that Client defaults on any obligation of this Agreement, Visions may terminate this Agreement without notice and may immediately remove all staging inventory. In that event client remains obligated to pay all unpaid fees and costs accrued. Default occurs when Client fails to fulfill or abide by any obligations, covenants, or terms under this Agreement, including nonpayment of any fees owed.
At all times, Client remains obligated to pay all unpaid fees and costs accrued through and including the final rental period.
4. DELIVERY and PICKUP.
Client affirms that he/she is duly authorized and hereby grants Visions, and its employees, agents, independent contractors and supplier’s permission to enter the Property for the purpose of delivering or picking up Rental Inventory beginning on scheduled delivery date continuing until the scheduled pick up date.
If Client is not present for delivery, Visions shall have complete and total discretion as to the placement of inventory items. The delivery team will not return to move any inventory.
Prior to delivery/pickup, Client will be assigned a window of arrival. If Client cannot be
at the property to provide access, Client shall give access instructions to Visions ahead of time.
If the delivery/pick-up team is not given access or is unable to access and has to wait 15 or more minutes to gain access, Client will be assessed a wait fee of $100.00. The delivery/pick-up team will not wait for more than 45 minutes at the property. After waiting for 45 minutes, Client will be assessed a 200.00 change or cancellation fee. Client will need to request a new pick-up date incurring a new pick-up charge and Client will be liable additional rental fees for an additional rental period.
Delivery/Pick-up team will not move any items that are not previously selected on the inventory
rental sheet and that are not owned by Visions.
At the scheduled time of pick-up, all items must be cleared of any and all items not associated
with the Visions inventory items. Delivery/Pick-up team will not clear or move any items not owned by Visions Home.
If items are not cleared, Client will be assessed a 100.00 hourly fee for the delivery/pick-up team to clear and move items. Visions Home shall not be responsible for any damage done during this
removal of items.
Client agrees to protect any and all valuables in or about the Property by removing them to safe storage prior to delivery and pickup. Visons is not responsible for the loss or theft of any personal property.
5. RELEASE AND WAIVER
Visions shall not be not liable for any personal injury or property damage during delivery, use and/or removal of the furnishings and accessories, unless resulting directly from the staging process.
Client further agrees to release, indemnify and hold harmless Visions its officers, employees, agents, contractors and suppliers against any and all losses, accidents, liabilities, damages, injuries, expenses and claims resulting in whole or part, unless resulting directly from the inventory.
Client hereby agrees that in no event shall Visions its officers, employees, agents, contractors and/or suppliers’ total and aggregate liability under this agreement exceed the amount of fees paid by Client.
6. MAINTENANCE OF INVENTORY
On delivery, Client shall immediately inspect each item of furniture delivered. Unless Client notifies Visions in writing within 24 hours of delivery, specifying an defect or objection to the inventory, Client will be conclusively presumed to have fully inspected and acknowledged that inventory is in good condition.
Client is liable for proper care of all staging inventory provided under this agreement and maintaining the furnishings and accessories in good condition and to return all items to Visions in the condition received, excluding ordinary wear and tear. All inventory staging furnishings and accessories are provided for display purposes only and should not be utilized as furniture or used in any other manner or for any other purpose than display. Client shall pay Visions the replacement cost of all damaged, missing or stolen items.
Client further acknowledges and agrees that all staging inventory shall remain at the Property during the entire term of this Agreement and shall not be moved or removed from the Property, except by Visions. If items are removed from the Property, Client shall pay Visions the replacement value for each item. Removal of inventory items could result in a termination of Clients relationship with Visions.
Client shall pay $40 per item for Inventory that is soiled, stained, fouled by odor, or otherwise in need of cleaning upon inventory return.
7. ENTIRE AGREEMENT.
This Agreement and the incorporated Staging Invoice contains the entire Agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written.
8. ADDITIONAL TERMS AND CONDITIONS.
The property shall be unoccupied by humans and pets while inventory items are in the house. Visions shall have the right to terminate this agreement and immediately pickup all inventory in the event property is not vacant.
Client shall not smoke, apply any pest treatment, or perform and painting or other house repairs while inventory items are in the house.
Client shall at all times carry property hazard insurance covering the property and its contents.
9. APPLICABLE LAW.
This Agreement shall be governed by the laws of the state of California.
10. ATTORNEYS FEES.
If either party brings legal action to enforce its rights under this agreement, the prevailing party will be entitled to recover its expenses (including reasonable attorneys' fees) incurred in connection with the action and any appeal.
ACCEPTED AND AGREED:
Client acknowledges he/she has received and reviewed the terms of this agreement and agrees that Visions shall have authorization to charge the credit card on file for all fees specified herein.