Terms and Conditions

CLIENT AGREEMENT – TERMS AND CONDITIONS

These are the MUSE modern interiors, here after referred to as (“MMI” or we” or “our”) standard Terms and Conditions which will apply to every contract when you as the Client engage MMI to perform its services. When providing our services, we may also need to supply product/s. “Supplier” refers to third party Vendor or Manufacturer. “Contractor” refers to third party trade or service provider. “Consultant” refers to third party professional service provider. “Client” refers to you. “Design Agreement” means the written agreement between the Client and MMI for the performance of the services.

MUSE modern interiors reserves the right to amend these Terms and Conditions from time to time at our discretion. Any changes made in such revision take immediate effect once the Client is notified of such a change.

Section 1.01 ENGAGEMENT TERMS

1. The design contract shall commence upon receipt by MMI a copy of the design contract signed by the Client and shall remain in place until the completion of the services or earlier termination of the design contract.

2. If MMI performed any services for the Client prior to the operative date of the Design Contract, those services shall be incorporated in the Services and are governed by the terms of the design Contract

MMI represents and warrants services will be carried out in a professional and competent manner and in accordance with all reasonable professional standards for such services.
MMI project methodology and framework is derived from the RIBA Plan of Work 2013.
MMI shall provide services under the general direction of the Client, but retains sole discretion to determine the manner and means by which the Services are to be performed.
MMI’s Design’s drawings and specifications are conceptual in nature and intended to set forth design intent only. They are not to be used for architectural or engineering purposes. MMI’s does not provide architectural or engineering services and shall not be held liable for designs used for such purpose.
MMI services do not include modifications to structural, heating, air conditioning, plumbing, electrical, ventilation or other mechanical systems in the project.
MMI shall not be responsible or liable for obtaining required permits, agency approvals, local government approvals, engineering services, architectural services, manufacturing defects, acts of god, delays or actions of third parties.
Estimates provided by MMI with the project return brief are for planning purposes only. Such estimates represent the best judgment of MMI at the time of the estimation and are only for the purpose of informing the Client of the potential cost of merchandise or services. It is understood and agreed that such estimates shall not be considered a representation or guarantee that costs will not vary, are not binding, and actual costs or fees may be more or less.
Subject to these terms, MMI will provide the deliverables:
- in accordance with the project schedule in the design proposal (subject to any delay, act or omission by the Client, consultants, contractors and/or builders);
- cooperatively with the Client; and
- in accordance with the specifications or descriptions referred to in the design proposal (as varied from time to time by agreement between the parties);
In relation to the deliverables, either party shall advise the other upon becoming aware of a need to vary the deliverables, the project schedule, the fees and/or any other part of this agreement.

Section 1.02 CLIENT’S GENERAL OBLIGATIONS

The Client acknowledges and agrees that they shall:

Promptly provide anything required by MMI to enable it to perform the services including information, Client briefs, written approvals, plans, drawings, surveys, and reports in a timely manner.
Provide information from third parties required for MMI to perform the services
Work cooperatively with MMI and other parties and provide MMI and other parties timely access to the project site.
Directly appoint all other consultants required by the project which may include, but is not limited to: draftsman, architect, engineer and surveyor. The Client will require that said consultants maintain professional liability insurances appropriate to the services provided. Upon MMI’s request the Client shall furnish MMI with copies of the consultant’s scope of service.
Directly appoint the contractor and where required, and require that said contractor and subcontractors maintain professional liability insurance as appropriate to the services provided. Upon MMI’s request, the Client shall furnish MMI with copies of the contractor’s and subcontractors’ scope of service.
Hold each such consultant/contractor/subcontractor, however appointed, and not MMI, responsible for the proper performance of their services and shall require such other party(s) to cooperate with MMI to enable MMI to properly and effectively perform the services.
Where decisions are required of the Client, such decisions shall be given in a reasonable time to MMI to enable MMI to perform the services properly and in a timely manner.
Commit adequate resources to the project to enable MMI to perform the services properly and in a timely manner.
Have appropriate insurance coverage for all furnishings and materials during handling, moving, storage, and installation. Client shall be responsible for ensuring that their insurance coverage is sufficient per this agreement.
Be responsible for the coordination of any decision making with third parties other than MMI
Be responsible for performing all their obligations under the terms of the design contract in a reasonable and timely manner and that the MMI’s ability to perform the Services in accordance with the design contract is contingent upon the Client’s prompt performance of its obligations and any delays in the Client’s performance of its obligations, or variations to the services caused by the Client, may delay performance of the services and that any such delay caused by the Client shall not constitute a breach of any of the MMI’s obligations under the design contract.
Perform their obligations under these terms with due care and skill

Section 1.03 CLIENT APPROVAL OF DELIVERABLES

The Client must promptly and carefully check and approve any draft or revision versions of deliverables delivered by MMI. By approving a deliverable the Client confirms to MMI that the Client has checked, and is satisfied that the deliverable is accurate and complete, meets the Client’s requirements, and complies with any applicable laws. Without limiting that obligation, the Client will:
comply with MMI’s procedures for varying or approving deliverables (as notified from time to time) or ordering additional deliverables;
fully and accurately provide to MMI all details and information required to be provided;
promptly review all drawings or other revision deliverables from MMI upon receipt, to make sure that they are complete, accurate and meet the Client’s satisfaction; and
promptly notify MMI of any inaccuracies or changes required, or alternatively promptly approve (in writing) the deliverable.
The parties acknowledge that if the Client requires more than two reviews of a deliverable or changes to the initial brief, MMI can charge the Client for performing those additional reviews
If the Client requires a variation to the service, MMI will provide written estimate for performing the service as varied and provide for acceptance to the Client. If the Client does not accept the quotation, MMI is not obliged to carry out the variation

Section 1.04 RISK AND LIABILITY

The Client expressly acknowledges and agrees that:

MMI shall not be held liable for any delay or non-performance due to circumstances beyond their control.
MMI shall be held harmless in the instance of injury, loss, or damages beyond MMI’s control during the contract term.
MMI shall be held harmless for relying on the accuracy of information provided by the Client.
MMI shall not be held liable to Client, third party vendors, or its contractors or consultants, for consequential damages, including special, indirect, incidental, or exemplary damages, arising out of (or relating to this Client agreement or the product, even if MMI has been advised of the possibility of such damages, and irrespective of the negligence of either party or whether such damages result from a claim arising under tort or contract law. As used in this agreement, “consequential damages” includes, without limitation, lost profits, lost property, damage to property, interruption of services or as a result of interruption of services to site.
In addition to and without limitation MMI shall not be held liable for any losses related to third party actions, or other service, seen or unforeseen, and whether or not caused by intentional or unlawful activity, or for the acts or omissions of any third party vendor, contractor, consultant, or any other party.
MMI’s entire liability for any claim, series of claims, or for any damages related in any way to MMI’s services, as well as those arising under or related to this agreement, whether strict liability, negligence, active or otherwise, is limited to Client’s direct damages and is further limited to the coverage actually afforded by MMI’s insurance policies. Alternatively, if insurance coverage is not available under any of MMI’s policies, total liability for any damages arising out of or relating to this agreement shall not exceed the amount Client paid to MMI under this agreement in the one month immediately preceding the facts or circumstances giving rise to the claim of damage.

Section 1.05 THIRD PARTIES.

From time to time or at the request of the Client, MMI may recommend contractors to provide services.
In such circumstances,

MMI will recommend contractors they understand to: be suitably qualified, hold all necessary licences, and are otherwise able to perform the service in a proper and workman-like manner.
MMI shall not be responsible for the quality or timeliness of the third-party implementation services, irrespective of whether MMI assisted or advised Client in evaluating, selecting or monitoring the provider of such services.
Any contractors recommended by MMI are their own entities with own engagement terms. Any contract between Client and third party is separate to the contract between Client & MMI.
MMI shall not be responsible for agreed terms nor fees payable to third party contractors.
MMI is not a general contractor and does not provide contractor services. If project requires contractors and/or consultants to perform work based on MMI’s concepts, Client will enter into a contract directly with each contractor and/or consultant.
MMI provides no warranty, guarantee, certification, or responsibility for the performance, quality, or timely completion of any work performed or materials installed by contractors, nor their agents or employees. MMI shall cooperate with and observe consultants for the purpose of general conformity of the design plan but shall not be held responsible for their oversight.

Section 1.06 CONFIDENTIALITY.

Each party shall keep all confidential information confidential, and shall not without the prior written consent of the other party:

(a) make available, communicate or disclose the confidential information or any part of it to any person, firm or company other than those of its Personnel requiring the confidential information for the purpose of the Design Contract or for the purpose of complying with applicable laws; or
(b) use or allow its personnel to use any confidential information for any purpose other than in relation to the provision of obligations under the Design Contract.

Section 1.07 PAYMENT METHODS AND TERMS

MMI services are charged out at a rate of $110 per/hour.
Projects exceeding 20 design hours may be eligible to a reduced hourly rate. Any reduction applied is at MMI’s discretion. Clients are provided with details in the fee estimate document provided prior to commencement of the design contract. Any rate reduction the Client may be eligible to is applied to the final invoice and not before.
Our preferred method of payment is via direct deposit.
Unless otherwise stipulated, all merchandise and custom install orders must be paid in their entirety at the time of order and prior to installation in premises. If a payment is not received or payment method is declined, the Client forfeits the ownership of any items purchased. If no payment is received, items will not be shipped or delivered and Client may be liable for restocking fees..

Section 1.08 LATE PAYMENTS

MMI invoice payment terms are (7) days from the date of issue.
Any payments not received within (10) days from the time of invoice due date will be considered late.
In the event that invoice/s becomes late without prior consent or arrangement with us, interest penalties may apply.
Late payments exceeding (15) days will incur a 10% late fee calculated monthly, in addition to any fees incurred by MMI in collecting payment for services rendered.
Client shall be responsible for all collection or legal fees necessitated by lateness or default in payment. MMI reserves the right to withhold provision of further services, delivery and any transfer of ownership of any current work until overdue invoices are paid in full.

Section 1.09 DEFAULT AND TERMINATION

Either party may immediately terminate the Design Contract by written notice to the other if a party:

(a) becomes insolvent, files a petition in bankruptcy, makes an assignment for the benefit of its creditors; or
(b) is in default of any of its material responsibilities or obligations under this design contract, and such default is not remedied within ten (10) days of receipt of written notice from the other party requiring it to do so.
If the design contract is terminated for any reason, the Client shall remain liable for all outstanding obligations owed to MMI and to third parties for services and/or merchandise on order as of the termination date;
Termination shall not void any existing PO’s, and Client shall continue to be responsible for the obligation incurred prior to the effective date of termination.
Termination shall be without prejudice to any and all other rights and remedies.
MMI shall be compensated for all services performed up to and including the date of termination; cost of disbursements and shall be compensated in full within (10) days of issue of final invoice.
Outstanding balances on purchases made on behalf of the client, and ordered prior to termination and which cannot be cancelled will be settled in full as per suppliers terms.
Client agrees to take no action which is intended, or would reasonably be expected, to harm MMI’s reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to MMI.

Section 1.10 ADDITIONAL TERMS AND CONDITIONS OF THE AGREEMENT

Intellectual property rights, project drawings and documents cannot be used by Client for any purpose other than completion of project by MMI as laid out in this agreement
Client agrees to allow MMI and/or MMI’s representatives to photograph the project during all stages of design services including when project is complete. Photographs will be used for promotion of its professional services through publication online, social media, marketing, advertising, and print. MMI will never disclose address or Client’s name without prior consent. Cost of photographs and publicity are the responsibility of MMI. Additionally, if Client or Client’s agents document the Project, MMI shall be given credit as the designers if documentation is released publicly.
Client agrees to reimburse MMI for all out-of-pocket expenses incurred by MMI in relation to the project, including but not limited to, renderings, drafting services, duplication of plans and specifications, parking fees, postage and handling, freight, delivery and storage costs.

Section 1.11 ACCEPTANCE OF THESE TERMS

Any act by the Client or those legally acting on behalf of the Client which requests MMI to begin performing any services or providing any materials will be deemed as acceptance to these Terms and Conditions.
Once these Terms and Conditions are accepted they are irrevocable and cannot be amended without the written consent of MMI.

PURCHASING SERVICES – TERMS & CONDITIONS

TRADE PRICING

As a Client of MMI clients you will gain access to exclusive pricing from stores across Perth and Australia.

Trade discounts vary from store to store, typically ranging from 5% to 30% depending on the store.
Trade pricing is available throughout the year, irrespective of any published sale or promotion start or end date(s).
Where MMI purchases items on behalf of the Client, MMI retains a portion which constitutes MMI’s fee for service and handling fee. The remainder of the saving is passed onto the Client.
Where MMI is being directly compensated for their shopping time, the saving is the Clients to keep in its entirety. MMI will inform the Client of the rate available from each store to be visited.
Store clearance and sale items are exempt from trade pricing.
All shipping costs will still apply and do not constitute part of the item cost to which discount is applicable. GST will be applied to items as per standard.
All delivery costs will still apply and do not constitute part of the item cost to which discount is applicable. GST will be applied to items as per standard.

SHIPPING POLICIES

For furniture orders and decor item orders – shipping will be paid for by the Client in the amount stipulated by the supplier at the time of purchase. If an item is lost or damaged during shipping, MMI shall not be held responsible nor liable for any costs arising from lost or damaged merchandise. MMI strongly recommends appropriate shipping insurances are taken out by Client at time of purchase.
MMI shall not be held liable for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside MMI’s reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

DELIVERY POLICIES

For furniture orders and decor item orders – shipping will be paid for by the Client in the amount stipulated by the supplier at the time of purchase. If an item is lost or damaged during shipping, MMI shall not be held responsible nor liable for any costs arising from lost or damaged merchandise. MMI strongly recommends appropriate delivery insurances are taken out by Client at time of purchase.

Please note: shipping and delivery are two separate charges, and applied as per the stores policy.

CANCELLATION

Items may be cancelled up until order has been processed. Once order has been processed, the Client is responsible for payment. If Client simply changes their mind, refund or replacement is purely at the discretion of the supplier. MMI is not liable in this event, however may assist with facilitating the cancellation/return of item.

Price Guarantees or Stock Availability

Vendor pricing is subject to change and out of the control of MMI
MMI shall not be held responsible for any changes to merchandise cost or stock availability, other than to warrant that the price and stock was available at the time of specifying at the listed price.

WARRANTY

All items purchased via MMI are covered by vendors warranty and Australian Consumer Law under the Trade Practices Act 1974.

DAMAGED MERCHANDISE

Client shall inspect all merchandise upon delivery and advise the freight company of any damage or non-conformity at that time. The Client should not accept any Merchandise that has damaged packaging unless it is opened and inspected at the time of delivery. For undamaged/unopened deliveries, the Client will have 24 hours to inspect delivery. Should merchandise arrive damaged, the Client shall notify MMI of damage and provide MMI with photographs of the damaged merchandise so as to assist MMI in facilitating a replacement product or other resolution from the supplier.

REFUND/RETURN POLICY

MMI shall not be held liable for any direct or consequential loss or damage to person or properties of any nature or due to any cause whatsoever. Items are entitled to be refunded or returned based on complaint and as per individual supplier policy.
Client must take into account the description of the item before requesting a refund. If the item matches the description provided by the supplier and the Client is unsatisfied, supplier is not responsible for refund.
Exchanges are granted on a case-by-case basis.
Returns seeking credit will be subject to individual suppliers terms and at the sole discretion of the supplier and if accepted, may incur a restocking fee.
MMI has no influence over suppliers refund policies, however will assist in facilitating the return or refund.

RESOLUTION & COMPLAINTS

Any complaints about items or suppliers to be brought to MMI’s attention within (5) working days. There is no guarantee of a resolution. Each case will be looked at individually, and the supplier in question will be in contact as well. MMI will act to facilitate resolution where possible .

LEGALITIES

MMI is not responsible for any health or safety concerns once the Client has received the merchandise. If any harm is incurred from the items purchased by the Client, MMI shares no responsibility.
These terms and conditions are subject to change.