Terms and Conditions.

This Goods Hire Agreement ("Agreement") is between

The Curated Table (18 975 827 405) of Duncraig, Western Australia, 6023 (“Owner”)




a. The Owner is the proprietor of the goods which are subject to hire (“Goods”).

b. The Hirer will hire the Goods from the Owner upon the terms and conditions in this Agreement.


1. Hire of Goods

1.1 General

a. The hiring of the Goods will commence from the agreed commencement date and continue for the Hire Period.

b. The Hirer is entitled to use the Goods for the term of the Hire and for any agreed extension.

c. The Hirer agrees to return the Goods to the address of the Owner on or before the end of the Hire Period unless otherwise agreed.

d. The Owner will not refund any hire fees / monies if the Hirer elects to return the Goods prior to the end of the Hire Period, regardless of reason.

e. The hiring of goods does not include set up unless purchased as an additional service.

1.2 Payment for Rental

a. The Hirer agrees to pay the Owner the hire fee ("Hire Fee") for the Goods for the Hire Period.

b. The Hire Fee must be paid to the Owner prior to or on the commencement date of the Hire Period.

1.3 Security Deposit

a. A $100.00 security deposit will be added to the Booking. When paying by credit card, your card will be deducted this amount, and then refunded direct to the card post event. The security deposit will be held until items have been returned and checked. In the case of linen, the security deposit will be retained until the linen has been professionally cleaned.

b. The security deposit is held in the event that any Item/s (including packaging boxes and dividers) are lost, stolen, damaged, unreturned, require cleaning above and beyond the standard clean, or the booking has incurred surcharges due to delayed return or other.

c. In the event where a security deposit is insufficient to cover any damage/replacement costs the Owner will issue an invoice for any outstanding amount where a cash security deposit is insufficient. Any additional charge is payable immediately.

1.4 Collection, Delivery and Return of Items

a. All collections and returns are by appointment. Delivery and pick up is available by arrangement at a fee.

b. Items must be collected in a suitable means of transport (i.e. fully enclosed vehicle). The Owner reserves the right to refuse hand over of items if collection vehicle is deemed inappropriate.

c. The Hirer is responsible for ensuring acceptance of the delivery of Items at the nominated date, time and location. Items will not be left at unattended premises.

d. The Hirer is responsible for providing vehicle access and parking for ease of delivery of Items.

e. Delivery of all equipment is at ground level only.

f. Return Items are not to be left outside of the Owner’s unattended premises.

g. Failure to return hire Items by the return date will incur a late fee.

2. Cleaning and Return of Items

a. Items must be rinsed and dried as soon as possible after use, with the exception of décor items and linen. All crockery and cutlery is dishwasher safe for ease of cleaning.

b. Do not use any abrasive cloths, materials or cleaning products on any Item.

3. Cancellations and Postponements

a. All cancellations must be notified in writing and are subject to a 50% cancellation fee.

b. Bookings can be transferrable to an alternate date subject to availability.

c. Bookings cancelled less than seven (7) days from the event date will be charged at full hire rate.

4. Use, Operation and Maintenance

a. The Hirer agrees that the use of the Goods may carry with it dangers and risks of injury and the Hirer agrees to accept all dangers and risks.

b. The Hirer will use the Goods for the purpose for which it was designed and not for any other purpose.

c. The Hirer agrees to comply with all occupational health and safety laws relating to the use of the Goods and related operations.

d. The Hirer must ensure the Goods are returned to the Owner in the same state of cleanliness as on the commencement date specified. In the event that the Goods are not in that state of cleanliness when returned to the Owner, the Hirer will pay the Owner the reasonable costs for cleaning the Goods.

e. Unless the Hirer obtains the prior written consent of the Owner, the Hirer must not alter, modify or attach anything to the Goods unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the Goods.

5. Hirer’s Warranties

The Hirer warrants that:

a. The Goods will be used in accordance with their intended purpose;

b. The Goods will not be used for any illegal purpose;

c. The Hirer will not, without prior written consent of the Owner, modify, or permit any modification of, the Goods in any way;

d. The Hirer agrees that the Goods comply with their description, are in merchantable condition and are fit for the Hirer’s purpose; and

e. The Hirer will not encumber the Goods or allow the Goods to be encumbered or pledge the Goods as security in any manner.

6. Indemnity

The Hirer will indemnify and hold harmless the Owner against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney's fees and costs, arising out of or related to the Hirer's use of the Goods.

7. Loss, Damage or Breakdown of Goods

a. The Hirer will be responsible for any loss or damage to the Goods irrespective of how the loss or damage occurred (normal wear and tear excepted) during the Hire Period.

b. If there is a breakdown or failure of the Goods, then the Hirer must return the Goods to the Owner at the Hirer’s expense and the Hirer must not attempt to repair the Goods.

8. Insurance

The Owner will maintain current insurance policies in respect of the Goods to its full insurable value.

9. Liability

The Hirer will assume all risks and liabilities for and in respect of the Goods and for all injuries to or deaths of persons and any damage to property howsoever arising from the Hirer’s possession, use, maintenance, or storage of the Goods.

10. Disclaimer

To the extent permitted by law the Owner disclaims all liability for and does not give any warranties to the Hirer as to the condition of the Goods.

11. Title

a. The Hirer acknowledges that the Owner retains title to the Goods and that the Hirer has rights to use the Goods as a mere bailee only. The Hirer does not have any right to pledge the Owner’s credit in connection with the Goods and agrees not to do so.

b. The Hirer agrees not to agree, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let or hire or otherwise part with or attempt top part with personal possession or otherwise not to deal with the Goods and not to conceal or alter the Goods or make any addition or alteration to, or repair of, the Goods.

12. Repossession

a. The Owner may retake possession of the Goods if the Hirer breaches any provision of this Agreement, notwithstanding anything else contained in this Agreement.

b. If repossession occurs, the Owner will only charge the Hire Fee up to and including the time of repossession.

13. Completion of the Hire Period

The Hire Period is completed when the Goods have been returned to the Owner:

a. in the same condition as when it was hired; and

b. on or by the date and time outlined in the Schedule.

14. Default

a. The occurrence of any one or more of the following events will constitute an event of default ("Event of Default") under this Agreement:

i. The Hirer fails to pay any amount provided for in this Agreement when such amount is due or otherwise breaches the Hirer's obligations under this Agreement.

ii. The Hirer becomes insolvent or makes an assignment of rights or property for the benefit of creditors or files for or has bankruptcy proceedings instituted against it under the bankruptcy law of Australia or another competent jurisdiction.

iii. A writ of attachment or execution is levied on the Goods and is not released or satisfied within 10 days.

15. Remedies

On the occurrence of an Event of Default, the Owner will be entitled to pursue any one or more of the following remedies ("Remedies"):

a. Declare the entire amount of the Hire fee for the Term immediately due and payable without notice or demand to the Hirer.

b. Commence legal proceedings to recover the Hire fee and other obligations accrued before and after the Event of Default.

c. Take possession of the Goods, without demand or notice, wherever same may be located, without any court order or other process of law. The Hirer waives any and all damage occasioned by such taking of possession.

d. Terminate this Agreement immediately upon written notice to the Hirer.

e. Pursue any other remedy available in law or equity.

16. Severance

If any provision of this Agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, this Agreement must be construed as if that provision or part of a provision had been severed from this Agreement and the parties remain bound by all of the provisions and part provisions remaining after severance.

17. Governing law

This Agreement will be construed in accordance with and governed by the laws of Western Australia. Each party submits to the non-exclusive jurisdiction of the courts of Western Australia there in connection with matters concerning this Agreement.

18. Interpretation

a. In this Agreement, unless the context otherwise requires:

i. A reference to the singular includes the plural and vice versa;

ii. A reference to any party to this Agreement includes the party’s executors, administrators, successors or permitted assigns, and where applicable, its servants and agents;

iii. A reference to an individual will include corporations and vice versa; and

iv. If a word or expression is defined, its other grammatical forms have a corresponding meaning.

v. Headings are for convenience only and do not affect interpretation.