Terms of service

Table Eight - Terms and Conditions of Hire

These Terms and Conditions of Hire (“Terms”) apply to the hire of all tableware and related items (“Products”) by Table Eight Limited (NZBN:9429053012487) ("we", “us” or “our”) to the customer named on the booking confirmation (“you” or ”your”). By submitting a booking request, paying a deposit or receiving the Products for hire, you acknowledge that you have read and understood these Terms and agree to be bound by these Terms. If you are also purchasing products from us, our Terms and Conditions of Sale apply to the sale and purchase of products.

Booking confirmation

• Following your submission of a booking request, we will review the booking request and, if accepted, will issue a booking confirmation and invoice detailing the Products to be hired, the Hire Period, the total hire cost, the Deposit and Security Bond (as defined in these Terms) and any other relevant terms specific to your booking. The booking confirmation may contain terms that vary or supplement these Terms, and you acknowledge that such specific terms shall take precedence over these general Terms to the extent of any inconsistency. A binding contract is only formed when (a) we issue a booking confirmation and invoice; and (b) we receive payment of the Deposit (as defined below), as specified in the invoice.
• Hire is only available in the Hawkes Bay region, from Napier to Dannevirke (other than in respect of the hire of linen, which is available to be shipped over the whole of the North Island).

 

Hire Period

• Unless agreed otherwise in the booking confirmation, we agree to make the Products available for your use for 48 hours starting on the date and time stated in the booking confirmation (“Hire Period”).
• You may request to extend the Hire Period beyond the original end date by providing written notice to us at least 48 hours prior to the scheduled end of the Hire Period. Extensions are subject to the availability of the Products and our approval. If approved, the extension will be charged at the daily hire rate. Payment for any approved extension must be made in full before the original Hire Period end date.

 

Pricing and payment

• Product pricing is as displayed on our website. The specific pricing applicable to your booking will be confirmed in your booking confirmation.
• All hire prices displayed on our website are in New Zealand dollars and exclude GST unless otherwise stated. Prices are subject to change without notice, however, the prices applicable to your booking will be the prices displayed on our website at the time of your booking request and as confirmed in your booking confirmation.
• A minimum order value may apply.
• A non-refundable deposit amounting to 50% of the total hire cost ("Deposit"), is required to secure the booking of the Products. This is payable within 7 days of the date of our invoice. If payment is not received within this timeframe, we reserve the right to cancel the booking without further notice and without liability to you.
• The balance of the total hire cost (plus the Security Bond (as defined below))) is payable no later than 7 days prior to the start of the Hire Period. If the balance is not received by this date, we reserve the right to cancel your booking and retain the Deposit as liquidated damages for our loss, without prejudice to any other rights or remedies available to us.

All payments must be made as directed on our invoice

• Your obligation to pay the hire charges and any other charges pursuant to these Terms will continue despite any defect, theft, accident, or damage caused to the Products during the Hire Period. For the avoidance of doubt, the occurrence of any such event does not relieve you of your payment obligations under these Terms.
• You must pay all amounts due under these Terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). You are not entitled to set off against or deduct from the hire charges any sums owed or claimed to be owed by us to you, nor are you entitled to withhold payment of an invoice because that invoice or part thereof is in dispute.

Security Bond

• You must provide a security bond equal to 15% of the total hire cost of the Products (excluding delivery fees and GST) (“Security Bond”). This Security Bond will be held by us in a separate bank account maintained solely
  for holding customer security bonds, until the expiry of the Hire Period to safeguard against any damages to, or loss of, the Products provided to you under these Terms.The Security Bond may be wholly or partially forfeited under the following specific circumstances:
• Damages to Products - charges based on repair or replacement cost at current market rates;
  • Loss of Products - charges based on full replacement cost of unreturned items;
  • Failed Pickup - a failed pick up fee of $100, plus additional standard daily hire charges for each day or part thereof until successful pickup, this will apply where the Products are not ready for pickup at the
    pre-agreed date and time and a new pickup date has to be agreed;
  •  Wait time – a fee of $100 per hour or part thereof will apply if the Products cannot be delivered or picked up at the pre-agreed time due to your failure to provide access or be available as agreed;
  • Additional Access or Delivery Complications - charges for delays or return pick up visits incurred due to your failure to provide suitable access or comply with these Terms;
  • Cleaning Requirements - charges for professional cleaning if Products are returned in an unacceptable condition beyond normal wear and tear.
• Subject to the provisions below regarding deductions, the Security Bond shall be refundable to you in full within 7 days following our collection and inspection of the returned Products, provided that the Products are returned to us in the same condition as they were provided, subject to normal wear and tear, and provided
  that you have complied with all of your obligations under these Terms.
• We will provide you with an itemised breakdown of all damage charges within 7 days of our collection and inspection of the returned Products, including supporting documentation such as repair quotes, replacement invoices, or photographs where reasonably available. The Security Bond may be applied by us towards the cost of such loss or damage, and any remaining balance of the Security Bond will be refunded to you within 14 days of our collection and inspection of the returned Products. If the costs exceed the Security Bond amount, you are responsible for paying the balance within 14 days of our invoice date.
• Any dispute regarding damage charges shall be resolved in accordance with the dispute resolution procedures outlined in these Terms.

Delivery and Pick up

• We will provide delivery and pickup services for the Products to you at a flat rate of $200 plus GST. The scheduling of delivery and pickup will be specified in the booking confirmation or otherwise agreed upon by the parties prior to the commencement of the Hire Period. Should you request delivery or pickup outside our standard business hours, an additional surcharge may apply at our discretion. We will make all reasonable efforts to accommodate your requested delivery and pick up times, however, specific times cannot be guaranteed.
• We do not permit the Product to be delivered or picked up by you or any third-party carrier.
• You must return the Products in a clean and hygienic condition, free from food residue, stains, and excessive dirt."Clean"; means the Products have been rinsed or wiped to remove food particles and visible soiling, but does not require professional cleaning or sterilisation. Normal wear and tear is acceptable. Products returned in an unacceptable condition beyond normal wear and tear, including but not limited to items with caked-on food, heavy staining, or requiring professional cleaning, will be subject to cleaning charges as specified in the
  Security Bond provisions. We reserve the right to determine, acting reasonably, whether the condition of returned Products meets the required standard. In respect of linen specifically, all linen must be returned free of:
  o Waxy residue (including candle wax);
  o Cigarette burns or heat damage;
  o Non-removable stains;
  o Tears, cuts, or irreparable damages;
  o Missing items or components.
• It is your responsibility to ensure that a suitable and safe area is available for the delivery and pickup of the Products. You must provide clear access and notify us of any specific requirements or restrictions related to the delivery and pickup locations in advance.
• Should a loading dock or sufficient parking space not be available on delivery or pickup, an additional surcharge
  may apply.
• Both parties will jointly verify and document the quantity and condition of all Products at delivery and at return by completing a signed Condition Report that clearly describes the condition of each item, including any pre-existing damage or wear. Both you and our representative must sign this Condition Report at delivery and again at pickup. In the event of any dispute regarding the condition of the Products, the signed Condition Reports shall serve as the primary evidence of condition at both delivery and return.
• In the event of any delays or inability to deliver or pick up the Products due to your failure to provide suitable access or to comply with these Terms, you may be subject to additional charges.

Ownership of Products and risk

• Title to the Products remains with us at all times and does not pass to you.
• You are responsible for the Products during the Hire Period and accept all risk of loss or damage. You are responsible for insuring the Products for their full replacement value against all risks including but not limited to loss, theft, and damage during the Hire Period.

Restrictions on use of Products

• You agree to comply with any instructions or guidelines provided by us regarding the use of the Products.
• You must not attach or affix anything to the Products without our prior written consent. 
• You must not move the Products to any location other than the location specified in our booking confirmation.

 

Cancellation and Postponement

• You may cancel your booking of the Products in writing subject to the following conditions:
  • Cancellation notified more than 30 days prior to the start of the Hire Period will result in forfeiture of the Deposit; and
  • Cancellation notified less than 30 days prior to the start of the Hire Period will result in forfeiture of the Deposit and the remaining 50% of hire cost is due and payable.
• In the event of cancellation, any Security Bond paid shall be refunded in full within 7 days of our receipt of your written cancellation notice, regardless of the cancellation notice period or any forfeiture of the Deposit.
• You may request in writing to postpone your booking of the Products to a future date (within 12 months of your original booking date) instead of cancelling, provided that the postponement request is made more than 30 days prior to the start of the Hire Period. Postponement is subject to availability and the pricing in effect at the time of the rescheduled booking. The postponed booking must be for a like-for-like event and the Products originally booked cannot be changed or substituted. Any difference between the original hire cost and the pricing in effect at the time of the rescheduled booking must be paid no later than 7 days prior to the start of rescheduled Hire Period.
• We reserve the right to cancel your booking at any time due to unforeseen circumstances, including: natural disasters (such as earthquakes, floods, or fires), acts of God, government restrictions or orders, pandemic or
  epidemic, war or terrorism, extreme weather conditions, or any other circumstances beyond our reasonable control. In such cases, you will be entitled to a full refund of any hire cost paid in advance including the Security Bond.
• Should the Products become unavailable due to reasons beyond our control after a booking has been confirmed but prior to the start of the Hire Period, we will offer you the option to:
  • Receive a substitute item of equivalent functionality and value. We will notify you of any proposed substitution at least 48 hours prior to the start of the Hire Period, or immediately upon discovery if
    the unavailability occurs within 48 hours of the Hire Period; or
  • Cancel your booking of the Products and receive a full refund of any hire cost paid in advance, including the Security Bond.

Liability

• If you are in New Zealand and acquire our Products for personal, domestic or household use, you have rights under the New Zealand Consumer Guarantees Act 1993 ("CGA") and the Fair Trading Act 1986 ("Consumer Law") that cannot be excluded. Nothing in these Terms excludes, restricts or modifies your rights under Consumer Law where you acquire the Products for personal, domestic or household use. However, if you acquire the Products for business purposes, you agree that the provisions of the CGA do not apply to the supply of the Products, and you acknowledge that it is fair and reasonable that the parties are bound by this exclusion.
• Other than as set out in these Terms, or required by Consumer Law, we do not provide any warranties or guarantees for our Products including but not limited to any warranties as to the fitness for purpose, merchantability, quality, condition, or suitability of the Products for any particular use or event. The Products are hired on an "as is" basis. We make no representations or warranties regarding the Products' ability to meet your specific requirements or expectations. You are responsible for selecting the appropriate product for your needs.
• You are fully responsible for, and accept all risks related to, the Products from the time of delivery until the Products are collected by us. This responsibility includes liability for any damage, loss, or theft caused by you, your employees, agents, contractors, or any third parties including but not limited to venue staff, caterers, guests, or other attendees at your event. You agree to indemnify us from any and all claims, damages, losses, liabilities, and expenses arising out of or in connection with your use and possession of the Products during the Hire Period, regardless of whether such damage or loss is caused by you directly or by any third party.
• In the event of loss or damage to the Products, you will be liable to us for the full replacement cost of the

Products

• To the maximum extent permitted by law, our total liability to you for any loss or damage arising from or related to any Products you hire will be limited to the total amount you paid for the hire of the relevant Products (including any associated delivery fees and styling services fees). In no event shall we be liable for any consequential, indirect, incidental, special, punitive or exemplary damages, or for any loss of profit, loss of revenue, loss of business opportunity, loss of anticipated savings, or reputational damage arising from or related to: (a) any defects in or unavailability of the Products; (b) cancellation of your booking due to unforeseen circumstances; (c) failure to deliver or delayed delivery of the Products; (d) any errors or omissions in the provision of optional styling or setup services; or (e) your use or inability to use the Products.

Changes to these Terms

• We may change these Terms at any time by posting the updated Terms on our website. The updated Terms will apply to the hire of Products after the updated terms are posted.

Privacy and Data Protection

When we collect personal information from you (as defined in the Privacy Act 2020) we will collect, hold, use, store and disclose that information in accordance with our obligations under the Privacy Act 2020. You have rights under the Privacy Act 2020 to access and request correction of your personal information.

Governing Law and General Legal Terms

• These Terms are governed by the laws of New Zealand. Any dispute relating to these Terms or the Products that we cannot resolve with you through good faith negotiation within 30 days must be resolved in the courts of New Zealand, and you irrevocably submit to the exclusive jurisdiction of the New Zealand courts. We both agree to first attempt to resolve any dispute through mediation before commencing court proceedings, unless urgent interlocutory relief is required. Although the website may be accessed from countries outside New
  Zealand, we only hire Products for use within the Hawkes Bay region of New Zealand.
• All notices and communications required under these Terms must be given by email. For you, to the email address stated in the booking confirmation, and for us at info@table8.co.nz. Notices will be deemed to be given when sent by email, if transmitted before 5pm on a business day or otherwise on the next business day.
• You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent (which we will not unreasonably withhold).