1. General. Customer hereby agrees that it will be bound by this Agreement and be responsible for orders placed, or on its behalf by an event coordinator, planner, representative, or agent of Customer, identified herein, as if such Customer placed such order directly with Set the Table for Me.

2. Acceptance/Sole Terms. The provisions set forth herein together with the provisions of the Agreement constitute all of the terms and conditions for Customer and with Set the Table for Me with regard to the Goods. Set the Table for Me’s acceptance and shipment of Customer’s order is expressly made conditional on Customer’s assent to the terms contained herein. Customer’s acceptance of any Goods supplied by, or on behalf of, Set the Table for Me shall, without limitation, also constitute acceptance of this Agreement. Any changes to the terms set forth herein or on the invoice shall be in writing and executed by both Parties.

3. Price and Payment. Payment is due in United States dollars on or before the date of delivery listed on the Agreement. Prices stated are subject to change and Customer agrees that additional payments will be owed and payable to Set the Table for Me in the event of (i) alterations in specifications, quantities, designs, or delivery schedules or required labor for delivery to specified location(s); (ii) untimely returned or unreturned rented Goods, or rented Goods returned, but in altered or damaged form, and/or (iii) legislation enacted by any level of government, including tax legislation, which increases the cost of producing, warehousing, purchasing, selling, or renting the Goods rented or purchased hereunder. Customer hereby agrees that Set the Table for Me may charge any credit or debit card or account provided by Customer for any such change in price resulting in a balance owed by Customer to Set the Table for Me.
No discount will be allowed unless agreed to in writing and executed by both Parties. Written quotations will automatically expire thirty (30) days after their issuance unless terminated by Set the Table for Me upon notice to Customer. Set the Table for Me reserves the right to increase the prices of its rental and sales offerings. The timing and amount of any price increase for any rental or sale Goods will be in the sole and exclusive discretion of Set the Table for Me. To the extent that a price increase may effect an unexpired written quotation provided by Set the Table for Me to the Customer, Set the Table for Me may in its sole and exclusive discretion honor such quotation or terminate such quotation by notice to Customer, with or without providing a new quotation to Customer.

4. Acceptance of Goods, Delivery, and Transportation. Customer shall inspect the Goods at the time of delivery. Unless Customer provides Set the Table for Me .with notice of any claim, shortages of, or defects in the Goods, including without limitation any claim relating to quantity, weight, condition, loss, or damage thereto, at the time of delivery, such Goods shall be deemed finally inspected, checked, and accepted by Customer. Customer is responsible for obtaining all permits, licenses, authorizations, and approvals from appropriate parties, companies, and/or government for the lawful and safe use and occupation of the location(s) to which the Goods will be delivered and from which the Goods will be retrieved. Customer is further responsible for providing and obtaining safe and clear access to the delivery and retrieval location(s), including without limitation, ensuring all packaged items are able to be delivered through outside and indoor areas of ingress and egress. Set the Table for Me may refuse, without penalty to Set the Table for Me, delivery and/or retrieval of the Goods if Customer fails to provide safe means of ingress and egress.

5. Title and Risk of Loss. Title to any Goods rented to Customer shall remain with Set the Table for Me. Title to any Goods sold and risk of loss of such Goods passes to Customer upon delivery.

6. No Warranty. Set the Table for Me provides goods “as is” without any warranty, express or implied, including no warranty for merchantability or fitness for a particular purpose.

7. Limitation of Liability. Set the Table for Me’s liability (whether under the theories of breach of contract or warranty, negligence, strict liability, or otherwise) for the Goods shall be limited to repairing or replacing such Goods found by Set the Table for Me to be defective with new or reconditioned goods at Set the Table for Me’s discretion, or at its option, to refunding, in partial or full, the rental or purchase price of such Goods. The Parties hereto expressly agree that customer’s sole and exclusive remedy against Set the Table for Me shall be for the repair or replacement of the defective Goods or, with Set the Table for Me’s consent, the refund of the purchase price. Customer hereby agrees that this exclusive remedy shall not be deemed to have failed of its essential purpose so long as Set the Table for Me is willing and able to repair or replace the defective goods in the prescribed manner or refund the price, in partial or full, for Goods covered by this Agreement.

8. Disclaimer of Consequential and Incidental Damages. In no case will Set the Table for Me be liable for the cost of procurement of substitute goods, damage to other property, loss of business or profits, loss of production, loss of use, or any other similar or dissimilar consequential, incidental, indirect, punitive, exemplary, or special damages even if Set the Table for Me has been advised of the possibility of such damages, which customer or any other person, corporation, company, or other entity may suffer or claim to suffer or incur or claim to incur as a result of any defect in the Goods. Consequential damages for purposes hereof shall include, without limitation, loss of use, income or profit, or losses sustained as the result of injury (including death) to any person or loss of or damage to property (including, without limitation, property handled or processed by the use of the goods). Customer shall defend, indemnify, and hold Set the Table for Me harmless against all liability, cost, and expense which may be sustained by Set the Table for Me on account of any such loss, damage, or injury.

9. No Insurance. Unless otherwise expressly set forth in this Agreement, Set the Table for Me is neither providing, nor offering to provide, directly or indirectly, any first or third-party insurance coverage in connection with the rental or sale of the Goods to Customer.

10. Taxes. Any sales, use, or similar taxes, tariffs, fees, or other levies, taxes, duties, governmental charges, or surcharges now or hereafter imposed under any present or future law in connection with the sale, delivery, use, or rental of the Goods, including without limitation any equipment, accessories, and attachments (including replacements thereof or spare or replacement parts thereof), any installation, repair, maintenance, and instructional services, shall be payable by Customer, and if such taxes or fees are paid or are required to be paid by Set the Table for Me, the amount thereof shall be added to and become part of the price payable by Customer hereunder.

11. Packaging. Prices stated are based on Set the Table for Me’s standard packaging. Special Customer packaging will be furnished only when specified, and the cost thereof shall be borne by Customer.

12. Delays. Unless expressly specified to the contrary, Goods in stock will arrive by the date of delivery. However, all delivery dates are based upon current availability of materials, present production schedules, and prompt receipt of all necessary information. Set the Table for Me will be not be liable for any damage, loss, fault, or expenses arising out of delays in shipment or other nonperformance of these Terms caused by or imposed by (a) strikes, fires, disasters, riots, terrorist acts, or acts of God, (b) acts of Customer, (c) shortages of labor, fuel, power, materials, supplies, transportation, or manufacturing facilities, (d) governmental action, (e) subcontractor or supplier delay including, but not limited to, failure by subcontractor or supplier to make timely delivery, or (f) any other cause or condition beyond Set the Table for Me’s reasonable control. In the event of any such delay or nonperformance, Set the Table for Me may, at its option and without liability, cancel all or any portion of the contract. Set the Table for Me may decline to deliver and/or install Goods if such acts above occur and potentially create unsafe or unsecure delivery or retrieval conditions.

13. Termination, Cancellation, and Modification. Except as otherwise provided herein or in the Agreement, orders cannot be terminated, cancelled, or modified, or shipment deferred after acceptance of Customer’s order by Set the Table for Me, except with Set the Table for Me’s written consent and subject to reasonable charges for expenses incurred and work executed by Set the Table for Me. Customer may cancel an order up to two (2) days prior to delivery by 5:00 p.m. EST and no fee will be charged to Customer as long as Customer makes such cancellation in writing and the cancellation is acknowledged by Set the Table for Me. Customer may cancel an order up to one (1) day prior to delivery by 5:00 p.m. EST as long as Customer makes such cancellation in writing and the cancellation is acknowledged by Set the Table for Me, but Customer shall be responsible for fifty percent (50%) of the total amount in this Agreement and that fifty percent (50%) will be immediately due to Set the Table for Me and charged to Customer. Customer will be one-hundred percent (100%) responsible for the amount specified in this Agreement for any cancellation after 5:00 p.m. EST the day prior to the delivery date and that one-hundred percent (100%) will be immediately due to Set the Table for Me and charged to Customer.

14. Damage, Destruction, and Loss. Customer acknowledges that in the event any rented Goods (including without limitation the linens, chinaware, glassware, silverware, and other Set the Table for Me property described in this Agreement) sustain any damage or destruction or are lost or stolen while under rent to Customer, Customer agrees to pay Set the Table for Me the costs for repair or replacement thereof. Customer further agrees to accept full responsibility and liability, and Customer shall defend, indemnify and hold Set the Table for Me harmless for any injury to any other person(s), for any damage to the property of any other person(s), and any other loss that may result through the use or misuse of the Goods. Set the Table for Me is not responsible for any damage or liability incurred by handling Customer’s or any other person’s personal property.

15. Restocking Fee. Any product deletions or reductions requested the day before delivery will be charged a restocking fee of 50% of the rental cost of items.

16. Return of Rented Goods. Customer shall return all rented Goods to Set the Table for Me at the time, date, and place designated in this Agreement. Customer shall return all rented Goods in the same condition as Customer received them, including without limitation placed in the same packaging or container. Customer shall be responsible for the safe and secure storage of all rented Goods awaiting retrieval. Customer agrees and acknowledges that if Customer fails to return all rented Goods to Set the Table for Me at the time, date, and place designated in this Agreement or if Customer fails to make all rented Goods available for pickup at such time, date, and place, then Customer is subject to additional service charges pursuant to Section 3 herein, including without limitation Set the Table for Me’s consequential and incidental damages regarding any such attempt by Set the Table for Me to retrieve the rented Goods, and the procurement, retail, shipping, handling, fulfillment, and/or replacement of such rented Goods.

17. Indemnification. Customer shall hold harmless, defend, save, and indemnify Set the Table for Me and its agents, employees, officers, directors, and its respective heirs, assigns, successors, and executors from and against any and all liability, claims, demands, whether groundless, false, or fraudulent, costs (including expert and attorney’s fees), damages, losses, judgments, or awards, brought by a third party or parties arising out of or in any way connected with any act or omission of Customer. The duty to defend as provided herein is separate and distinct from the duty to indemnify, and shall arise immediately upon the tender of any third party claim or demand, and shall continue until it is conclusively proven that there is no possibility for indemnity.

18. Intellectual Property. Any trademarks, branding, drawings, designs, and all other intellectual property of Set the Table for Me embodied in, displayed on, or otherwise provided in connection with, the Goods or the Agreement (“Intellectual Property”), shall remain the sole property of Set the Table for Me Without Set the Table for Me’s express prior written permission, Customer will not (a) remove, alter, or deface any trademark or branding including with or displayed on the Goods, and (b) reproduce, use, or communicate to third parties of any such intellectual property.

19. No Waiver. Forbearance or failure of Set the Table for Me to enforce any of the terms and conditions stated herein, or to exercise any right accruing from default of Customer, shall not affect or impair Set the Table for Me’s rights arising from such defaults; nor shall forbearance or failure be deemed a waiver of Set the Table for Me’s rights in case of any subsequent default of Customer.

20. Severability. If any provision of these Terms is unenforceable or invalid, these Terms shall be interpreted and enforced to the greatest extent possible as if the unenforceable provision or portion had never been a part hereof.

21. Assignment. These Terms shall be binding upon and shall inure to the benefit of the successors and assigns of Customer and Set the Table for Me provided, however, that Customer may not assign or transfer the this Agreement or the terms contained herein, in whole or in part, except upon the prior written consent of Set the Table for Me

22. Governing Law and Venue;. The Agreement and these terms contained herein shall be construed in accordance with and governed by the laws of the State of Maryland, without regard to its conflicts-of-laws rules or principles. All actions or proceedings arising directly or indirectly herefrom or related hereto shall be litigated only in the courts of Queen Anne’s County in the State of Maryland. The Parties hereby consent to the jurisdiction and venue of such courts.

23. Entire Agreement. Customer and Set the Table for Me hereby agree that these Terms along with this Agreement shall constitute the entire agreement between Customer and Set the Table for Me and no prior or contemporaneous oral or written statement, correspondence, sample, or other terms, quotations, or understandings shall modify, alter, or in any way affect the terms thereof.

25. Substitutions. Should a requested product become unavailable at any time, we reserve the right to substitute alternative products to an order. We will make every effort to provide a substitution comparable in quality or functionality to the requested product.

26. Rental Item Wear. Due to the nature of our business, our items are frequently rented and cleaned. While we strive to give you the best quality products every time, please note that there may be signs of “ordinary wear and tear” and that we cannot guarantee new or like-new quality.

27. Attorney’s Fees. If either of the Parties brings litigation to enforce any of the provisions contained herein, the prevailing party shall be entitled to recovery attorney’s fees and costs.