Terms and Conditions

1. This agreement is between either Dressed for Sale Australia Pty Ltd ABN 39615645317 (T/AS Novari Projects Melbourne ) or Furniture Rentals Australia Holdings Pty Ltd ABN 62 167 390 605 (T/AS Novari Projects Sydney) herein called the “Service Provider” or “Novari Projects”, and you, the “Client”, and relates to the proposal for trade works and services provided by the Service Provider (the “Proposal”). The Service Provider is a member of Johns Lyng Group Limited. All relevant warranties and/or licences are issued and held by either Novari Projects or its associated entities within that Group.
2. The Service Provider and the Client undertake to adhere to their respective commitments and obligations under the Proposal.
3. The works and scope associated with the proposed project, and the associated fees, are as stated in the Proposal. Any further works or parts will incur additional fees and will be subject to either a new proposal or a variation in the Proposal. Any additional works and fees will require the Client’s separate approval prior to those works commencing.
4. The Service Provider will have the right to change the pricing of its services and works the subject of the Proposal in certain circumstances:
   1. where additional works are required as a result of unknown, hidden or previously unidentifiable difficulties with the project (including, but not limited to, weather conditions, access to the home, obscured defects in the property which may require remedial work, health hazards, safety, and compliance considerations etc) which are only discovered at any time prior to or on commencement of project; or
   2. in the event of increases to the Service Provider’s costs of labour or materials which are beyond the control of the Service Provider.

   In these scenarios, the Service Provider will use reasonable endeavours and where practicable to inform the Client of such changes prior to services or works continuing that are the subject of the price variation.

5. In some instances there may be a change or variation in the scope of works over the course of a project. In the instance where a Client requests and agrees a change in the scope of works, or where the scope is changed as necessitated by project circumstances, the Service Provider shall be entitled to recover all additional fees, charges, or costs from the Client for the final services and works that are provided. In these instances, the Service Provider reserves the right to vary the Proposal pricing consistent with the change in scope and works that are requested or required. The Service Provider will endeavour to keep the client updated at all times of variations of services and works, and the additional fees associated with those variations.
6. The Client undertakes that they have sufficient funds to cover the proposed.
7. The Service Provider may invoice the Client for the proposed Works in one or more parts, depending on the size, scope, and duration of the project. The Service Provider’s invoices are payable within 7 days after an invoice is provided, or as otherwise stated in the invoice. Works will only commence and/or goods will only be acquired on behalf of the Client, once the relevant invoice (whether it is a milestone or final invoice) has been paid in full by the Client. Your invoice may be issued by Novari Projects or another associated entity within the Johns Lyng Group.
8. If the Client defaults in payment of any fees or amounts payable under an invoice and such default has continued for a period in excess of seven (7) days after the final day upon which the invoice payment is due, the Service Provider, without prejudice to any other rights or remedies they may have by virtue of the Proposal or in law, may pursue collection of the arrears (including through a third party agency), and the Client shall reimburse and indemnify the Service Provider for all losses, costs, charges and expenses whatsoever nature incurred by the Service Provider in relation to collecting or attempting to collect the arrears. The Service Provider reserves the right to refer any arrears owing to a collections agency if such amounts remain unpaid.
9. If any amount owing to the Service Provider remains due and unpaid beyond the invoice payable date, the Client agrees to pay interest on the overdue amount at the rate of 12% per annum, calculated daily, until payment in full is received by the Service Provider.
10. The Client hereby clears the Service Provider from any claim, action, or demand for any damage to person or property of the Client or any person claiming through him arising out of any action or advice by any contractor or sub-contractor of the Service Provider.
11. The Service Provider shall be entitled at any time to assign the benefit of the Proposal to any person, firm or company.
12. The Client is responsible for arranging clear access to the dwelling for the delivery and installation of goods, or undertaking of services, the subject of the Proposal.
13. The Service Provider may provide the Client with the option of paying by credit card or other financing method. In such instances, if the Client elects to pay by credit card or financing option, the Client will pay any on-costs or financial institution charges that are incurred by the Service Provider in this regard.
14. The Proposal, once accepted, all fees and charges associated with the Project are due and payable at each milestone. In the event of the project being terminated by the Client prior to works being completed and the final fees being paid, all outstanding fees and amounts still payable under the Proposal will become immediately due and payable.