Design, Supply & Hire Terms
These Design and Hire Terms (Design Terms) apply when you purchase Design Services, Supply Service, Purchased Goods or you hire the Hire Goods (Portico Supply). The Design Terms do not apply to products promoted and purchased directly through the Portico website.
By accepting a Quote (defined below), paying an invoice, confirming a booking or otherwise asking Portico to proceed to provide a Portico Supply, you agree to these Design Terms and the relevant Quote.
1. Quotes and bookings
A quote will set out the Portico Supply you have requested, the fees payable for the Portico Supply (Fees), the premises where you request the Portico Supply to be provided (Customer Premises), estimated timing, delivery details and any other relevant details (Quote).
Before accepting a Quote, you must ensure that all details are complete and accurate. If any information you provide is incomplete, inaccurate or changes after you accept the Quote, you may be responsible for any additional costs, delays or changes required to provide the Portico Supply.
Portico will use reasonable efforts to provide the Portico Supply within the timeframe stated in the Quote. Any delivery, installation or service delivery time is an estimate unless otherwise agreed in writing by Portico.
2. Fees and payment
Fees payable by you are set out in a Quote. Unless otherwise stated in a Quote, the Fees are payable as follows: (a) 50% of the Fees when you accept the Quote; and (b) if you purchased a Supply Service (excluding retail purchases made through the Portico Website), the balance of the Fees 7 days before the scheduled provision of the goods that that Supply Service; (c) if Portico is providing you with the Hired Goods, the balance of the Fees 7 days before the scheduled delivery of the Hired Goods; or (d) if you purchased Design Services, on completion of such Design Services.
If Portico incurs reasonable expenses in providing the Portico Supply, you must reimburse those expenses. Portico will get your written approval before incurring any expense over $100.
3. Cancellations
If you accept a Quote and then cancel a Portico Supply within 2 Business Days before a scheduled delivery, installation or service date, Portico may charge a cancellation fee of the greater of $600 or 20% of the Fees in relation to the relevant Quote or Quotes (Cancellation Fee). The Cancellation Fee is intended to cover Portico’s reasonable costs for a short-notice cancellation, including administration, scheduling and contractor and other staffing costs. If the Portico Supply is marked as a “custom made” order and you cancel that order, the whole of the fees are non-refundable and are deemed to be the “Cancellation Fee”.
If you have prepaid Fees, Portico may deduct the Cancellation Fee from the prepaid amount and refund the balance (if any) to you.
4. Design Services
This clause applies when you purchase design, styling, curation or related advisory services from Portico, including the provision of design concepts, styling recommendations, furniture selections, artwork selections, colour palettes, layout suggestions, mood boards, product sourcing, site visits and other related advice (Design Services).
Portico will provide the Design Services with due care and skill and in accordance with the Quote. You must provide Portico with complete and accurate information reasonably required to provide the Design Services, including your brief, budget, preferences, measurements, site details, photos, access requirements.
Unless Portico has otherwise agreed in writing, the Design Services do not include architectural plans, engineering plans, construction plans or trade or project management services.
If you request changes to output provided in relation to the Design Services or require additional advice or services, Portico may charge additional Fees for any extra time on further Design Services (including or any sourcing, administration, product recommendation, project management).
Unless the Quote includes supply, delivery, installation or hire services, Portico’s role is limited to providing design recommendations and advice. Any products you purchase from third-party suppliers are subject to that supplier’s own terms, warranties, delivery times and return policies
5. Supply Service
This clause applies if you purchase any furniture, artwork, décor, accessories or other goods curated and selected by Portico (including goods suggested as a part of the Design Services, but excluding any goods purchased directly through the Portico website) (Supply Services). Goods purchased as a part of the Supply Services are referred to as Purchased Goods in these Design Terms.
Portico will supply the Purchased Goods set out in the Quote or otherwise approved by you. Before purchasing the Purchased Goods, you must carefully review all details provided by Portico relating to such Purchased Goods (including any details provided in a Quote). Portico relies on your approval including any payment of a relevant deposit as confirmation that all details provided are complete and accurate.
Despite any other clause in these Design Terms, any custom, made-to-order, special order or clearance Purchased Goods cannot be cancelled, returned or exchanged for change of mind, subject to your rights under the Australian Consumer Law.
Portico remains the owner of the Purchased Goods until you have paid all Fees and any other amounts owing for those Purchased Goods. You must keep the Purchased Goods in good condition and must not sell, dispose of, modify or part with possession of the Purchased Goods until such time as ownership passes to you. Portico may recover the Purchased Goods if you fail to pay any Fees or amounts owing for any Purchased Goods (including by exercising its rights under clause 8).
Risk in the Purchased Goods will pass to you either: (a) the Purchased Goods arrive at the Customer Premises (if you have purchased delivery services); or (b) on the earlier of payment of the Purchased Goods or when the you or your Personnel collect the Purchased Goods from Portico’s or the supplier’s premises (if you have not purchased delivery services).
6. Hire services
This clause applies if Portico hires any furniture, artwork, décor, accessories or other goods to you (Hired Goods).
Portico will provide the Hired Goods set out in the Quote for the agreed hire period (Hire Period). You agree that Portico or its suppliers remain the owners of the Hired Goods at all times.
Unless the Quote clearly says otherwise, Hired Goods are provided for display and styling purposes only. You agree that you will not, and you will ensure that third parties do not, sit on, sleep on, stand on, eat on, drink on, or otherwise use the Hired Goods, even if the Hired Goods are ordinarily used for that purpose.
During the Hire Period, you must: (a) keep the Hired Goods clean, secure, unused and free from damage; (b) keep the Hired Goods at the Customer Premises; (c) protect the Hired Goods from weather, smoke, pets, water, food, drink, candles, excessive sunlight and other avoidable damage; (d) not move, alter, clean, repair, remove, sell, dispose of or part with possession of the Hired Goods without Portico’s written consent; (e) not allow any third party to use, move, alter, remove or take possession of the Hired Goods; and (f) promptly tell Portico if any Hired Goods are lost, stolen, damaged, marked, stained, dirty, used or affected by an accident, and in any event within one day after becoming aware of it.
You are responsible for the Hired Goods from the time they are delivered to the Customer Premises until they are collected by Portico or its Personnel, except to the extent that any loss or damage is caused by Portico or its Personnel.
You must pay Portico’s reasonable cleaning, repair or replacement costs if any Hired Goods are used, dirty, lost, stolen, damaged, stained, marked, altered, missing or otherwise not returned in the condition they were provided to you, except to the extent caused by Portico or its Personnel.
You must contact Portico at least 2 Business Days before the end of the Hire Period if you want to request an extension. Any extension is subject to Portico’s written agreement and may involve additional Fees. If you ask Portico to collect the Hired Goods before the end of the Hire Period, you must still pay for the whole Hire Period and you will not be entitled to a refund of Fees, unless Portico agrees otherwise.
Portico will use reasonable efforts to collect the Hired Goods within 2 Business Days after your requested collection date, provided that access is available and the Hired Goods are ready for collection. If Portico cannot collect the Hired Goods because access is not available or the Hired Goods are not ready for collection, Portico may charge you reasonable re-attendance, waiting, storage and extended hire Fees.
7. Access, delivery and installation
This clause applies if Portico or its Personnel require access to the Customer Premises to provide a Portico Supply, including to deliver, install, style, collect or remove any Purchased Goods, Hired Goods, or other goods or equipment.
Portico will carry out delivery and installation at the Customer Premises with due care and skill and in a proper and workmanlike manner.
You must ensure that Portico and its Personnel have safe, reasonable and continuous access to the Customer Premises to provide the Portico Supply. In addition, prior to Portico or its Personnel arriving at the Customer Premises, you must ensure that: (a) the Customer Premises and all entry points, exit points and adjoining areas are clear of obstructions; (b) any required parking, lift access, loading dock access, building access or security access has been arranged and made available to Portico and its Personnel; and (d) you have obtained any required consent from an owner, landlord, strata manager, building manager or other relevant person so that Portico can provide the Portico Supply.
If Portico cannot provide the Portico Supply because you have not complied with this clause, Portico may charge you any reasonable re-delivery, re-attendance, waiting, storage or re-scheduling fee. If you change the Customer Premises from a premises outlined in the Quote or that was otherwise agreed in writing between the parties, Portico may charge additional fees to cover the cost of that change.
You acknowledge that Portico may need to hang artwork, mirrors, shelves or similar items on walls or other surfaces, which may involve drilling, screwing, anchoring, hooking, marking or making holes in those walls or surfaces. You authorise Portico to take all steps reasonably necessary to complete the installation. If you do not own the Customer Premises, you warrant that you have obtained the owner’s consent for Portico to do so. Portico is not responsible for repairing or making good ordinary holes, marks or other surface impacts that are reasonably necessary to complete an installation, except to the extent caused by Portico’s gross negligence.
If you ask Portico to move existing furniture, goods or other items at the Customer Premises, Portico may agree to do so at its discretion and may charge additional Fees. Portico is not liable for Losses arising from, or in connection with, it moving existing furniture, goods or items.
You must inspect the Purchased Goods or Hired Goods immediately after delivery or installation and notify Portico if you consider any item is damaged, defective, incorrect or missing.
8. Intellectual property
Portico owns all Portico IP, including all Intellectual Property Rights in concepts, designs, mood boards, layouts, drawings, specifications, product schedules, images, documents, recommendations or other materials created, developed or provided by or on behalf of Portico in connection with the Portico Supply (Design Materials).
Upon receipt of payment of all Fees owing to Portico by you, Portico grants you a non-exclusive, non-transferable and non-sublicensable licence to use the Design Materials solely for your personal use.
Except as permitted under these Design Terms, you must not copy, reproduce, adapt, publish, share, sell, commercialise or use any Portico IP (including Design Materials). Portico may suspend or revoke the licence under this clause if you fail to pay any Fees owing to Portico or use the Design Materials in breach of this clause.
9. Your indemnity
You indemnify Portico against all Losses suffered or incurred by Portico arising from: (a) your fraud, wilful misconduct, gross negligence or unlawful act or omission; (b) your breach of these Design Terms, including loss of or damage to Hired Goods; (c) personal injury, death or property damage caused or contributed to by you, your guests, contractors or invitees; or (d) your failure to obtain required access, approvals or consents.
Your liability under this clause is reduced to the extent the relevant Loss was caused or contributed to by Portico or its Personnel.
10. Liability
Nothing in these Design Terms is or should be interpreted as an attempt to modify, limit or exclude terms, conditions, warranties or guarantees which are imposed by statute and which cannot be modified, limited or excluded (Non-Excludable Provision). Portico excludes, to the extent permitted by law, all other terms, conditions, warranties and guarantees that might otherwise be implied into these Design Terms or any Quote.
You acknowledge that you have not relied on any representation, warranty, guarantee or promise made by Portico unless it is expressly stated in these Design Terms or the relevant Quote.
Where Portico is permitted by law to limit its liability, Portico’s liability may be limited, at Portico’s option: (a) for goods, to replacement, repair, payment of the cost of replacement or payment of the cost of repair; and (b) for services, to supplying the services again or payment of the cost of having the services supplied again.
Subject to the Non-Excludable Provisions, Portico’s maximum aggregate liability to you for any Losses, or series of connected Losses, arising under or in connection with these Design Terms, any Quote or any Portico Supply is limited to the Fees paid by you to Portico under the relevant Quote that the Losses relate to in the 6 months before the first claim arose.
Subject to the Non-Excludable Provisions, Portico is not liable for economic loss, loss of revenue, loss of savings, business interruption, loss of data, loss of opportunity, loss of goodwill or loss of profits, whether direct, indirect, general, special or consequential. Each party’s liability to the other party will be reduced to the extent that the other party caused or contributed to the loss or failed to take reasonable steps to reduce the loss.
Without limiting this clause 9, Portico is not liable for Losses arising from (a) moving your existing furniture or other items; (b) pre-existing defects, unsuitable surfaces, hidden services, weak walls, structural issues, previous works, third-party works or incorrect information provided by you; (c) any use of the Hired Goods by you or any third-party for anything other than the permitted purpose under these Designed Terms.
11. GST
Unless the Quote says otherwise, Fees are exclusive of GST. If a taxable supply under these Design Terms or a Quote is stated to be exclusive of GST, the amount payable must be increased by the GST payable on that supply.
A party is not required to pay an amount for GST unless it has received a valid tax invoice or adjustment note, if required by law. If an adjustment is required for GST purposes, the parties must make any corresponding payment or issue any required adjustment note.
12. Termination
Either party may terminate these Design Terms and any affected Quote by written notice if: (a) the other party materially breaches these Design Terms or the Quote and does not fix the breach within 30 days after receiving written notice requiring it to do so; or
(b) an Insolvency Event occurs in respect of the other party.
Portico may also terminate these Design Terms and any relevant Quote by written notice if: (a) you fail to pay an overdue amount within 7 days after Portico gives you notice that the amount is overdue; or (b) Portico becomes entitled to terminate any other Quote because of your material breach.
On termination, you must immediately pay all outstanding invoices and all Fees, charges and approved expenses incurred under the relevant Quote up to the date of termination. If you have hired Hired Goods from Portico, you must immediately make the Hired Goods available for collection (including by providing clear access to the Hired Goods) by Portico and its Personnel.
Termination does not affect rights and obligations that arose before termination or that are intended to continue after termination.
13. Events outside a party’s control
You acknowledge that Portico Supplies may depend on matters outside Portico’s reasonable control, including availability of Hired Goods and Purchased Goods, contractor availability, transport, access and supply chain matters.
Except for payment obligations, neither party is liable for a delay or failure to perform an obligation under these Design Terms to the extent the delay or failure is caused by Force Majeure Event.
14. General terms
Portico may subcontract some or all of its obligations under these Design Terms or any Quote. Portico remains responsible to you for the performance of Portico’s obligations and is liable for the acts, defaults and negligence of its subcontractors as if they were Portico’s own acts, defaults or negligence.
These Design Terms and the relevant Quote form the entire agreement between the parties in relation to the relevant Portico Supply and replace prior discussions, arrangements, understandings or negotiations about that Portico Supply.
Nothing in these Design Terms or any Quote makes either party the agent, employee, partner or representative of the other party.
If any part of these Design Terms or a Quote is illegal, invalid or unenforceable, it will be read down to the extent necessary to make it legal, valid and enforceable. If it cannot be read down, it will be severed and the rest of the document will continue to apply.
A failure or delay by a party to exercise a right does not waive that right.
These Design Terms and each Quote are governed by the laws of New South Wales, Australia. Each party submits to the jurisdiction of the courts of New South Wales in connection with these Design Terms and any Quote.
15. Definitions and interpretation
Business Day means a day other than a Saturday, Sunday or public holiday in New South Wales
Portico means The Trustee for the Testa Family Trust (15 448 038 611).
Portico IP means all Intellectual Property Rights owned, used, developed or created by or on behalf of Portico, including in any Design Materials, concepts, designs, layouts, drawings, specifications, product schedules, images, documents, recommendations, branding, know-how and other materials provided by Portico in connection with a Portico Supply.
Force Majeure means any event caused by occurrences beyond a party’s reasonable control, including, but not limited to, acts of God, fire or flood, war, terrorism, pandemic, system malfunction, governmental regulations, policies or actions enacted or taken subsequent to the effective date of these Design Terms, or any labour, telecommunications or other utility shortage, outage or curtailment.
GST means goods and services tax imposed under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any related law, including any replacement or amending legislation
Insolvency Event, in respect of a party, means any one or more of the following events: (a) the appointment of a receiver or receiver and manager to the party;
the appointment of an administrator to the party; (b) an order being made or a resolution being passed for the winding up of the party, other than for the purpose of an amalgamation or reconstruction; (c) the party is, or states that it is, unable to pay its debts as and when they fall due for payment; (d) the party is or states that it is insolvent within the meaning of the Corporations Act 2001; (e) the party ceases or threatens to carry on business; or (f) the party resolves to enter into a scheme of arrangement or composition with or an assignment for the benefit of its creditors.
Intellectual Property Rights means all present and future intellectual, industrial or proprietary rights conferred by statute, at common law or in equity anywhere in the world, whether issued or pending, registered or unregistered, including all forms of copyright, patents, trade marks, designs, trade secrets, know-how, confidential information and circuit layouts.
Losses means all liabilities, losses, damages, costs and expenses suffered or incurred by any person whether arising in contract or tort (including negligence) or under any statute or under any other cause of action, and Loss has a corresponding meaning
Personnel of a party means the officers, employees, contractors, sub-contractors and agents of that party.
Unless the context requires otherwise:
- the singular includes the plural and vice versa;
- a reference to a law includes regulations and any amendment, re-enactment or replacement of that law;
- a reference to a person includes a company, trust, partnership, unincorporated body or other entity;
- a reference to dollars or $ means Australian dollars;
- headings are for convenience only and do not affect interpretation;
- words such as including or for example do not limit the words that come before them; and
- these Design Terms will not be interpreted against a party merely because that party prepared them.
Last updated: 8 May 2026
