Your camera, lens, and lighting partner

INTERPRETATION 

In these terms and conditions, unless the context requires otherwise: 

  1. “The Company” refers to FIRST TAKE RENTALS A.B.N. 74 948 893 202, including any related companies, subsidiaries, successors, or assigns. 
  1. “The Customer” refers to the individual or entity (including successors, representatives, and permitted assigns) hiring equipment from the Company. If there is more than one Customer, their obligations are considered joint and several.
  1. “Equipment” includes all digital equipment or any other goods hired by the Customer from the Company. 
  1. “Hire Contract” refers to the agreement between the Company and the Customer for the hire of Equipment. The contract begins when the Customer collects the Equipment and is completed upon its return to the Company. 
  1. Acceptance of Terms: Receipt of the Equipment by the Customer constitutes unconditional acceptance of these terms and conditions. A written order confirmation creates a binding contract under these terms. 

GENERAL TERMS 

  1. These terms and conditions apply to all Equipment hire agreements and replace any previously issued terms. The Company will only hire Equipment under these terms unless explicitly modified in writing. Any order placed by the Customer is deemed to accept these terms, even if conflicting with the Customer’s own terms. 

CUSTOMER IDENTIFICATION AND VERIFICATION 

  1. The Company reserves the right to verify the Customer’s identity using any necessary means. The Customer must provide relevant identification documents, which may include but are not limited to: 
  1. Australian or international driver’s license 
  1. Australian or international passport 
  1. Australian birth certificate 
  1. Australian or international credit card 
  1. Student card 
  1. Utility bills or bank statements 
  1. Any other relevant documents 
  1. Copies of these documents will be securely stored for the duration of the hire period and will be destroyed once the Hire Contract is fulfilled, provided the Equipment is returned on time, undamaged, and in proper condition. 
  1. If the Customer fails to provide the required documents, the Company reserves the right to request a fully refundable deposit, payable via cash, bank transfer, or credit card. The Company will determine the payment method at its discretion. 
  1. If the Customer refuses to provide identification documents and does not agree to pay the deposit, the Company may decline to enter the Hire Contract. The Company is not liable for any loss incurred by the Customer as a result. 

DELIVERY & COLLECTION 

  1. Unless otherwise arranged, the Customer is responsible for collecting and returning the Equipment to the Company’s premises. 
  1. If the Customer requests delivery and/or collection by the Company, the method of delivery is at the Company’s discretion. Any associated costs and risks are the Customer’s responsibility. 
  1. If delivery and/or collection is arranged through a third party by the Company (e.g., courier services, Australia Post, or Company agents), the costs and risks remain with the Customer. 
  1. If the Customer arranges a third party for delivery and/or collection (e.g., courier services, Australia Post, taxi services, rideshare, or Customer’s agents), the Customer assumes full responsibility for packaging, transit risks, and obtaining appropriate insurance. 

HIRE CHARGES 

  1. Hire charges are listed on the Company’s website and may change without notice. 
  1. Charges apply from the time Equipment leaves the Company’s premises until it is returned. Late returns beyond the agreed period will incur additional daily charges. 
  1. Additional fees may apply for services requested outside normal business hours. 
  1. The Customer is responsible for reimbursing the Company for any applicable taxes, duties, or government-imposed costs related to the hire. 

PAYMENT TERMS 

  1. Hiring fees must be paid in full before Equipment collection unless otherwise agreed in writing. For bank transfers, proof of payment is required at pickup. Extensions require payment at the start of the extended hire period. 
  1. The Company may demand payment in cash at any point during ordering, delivery, or collection. 
  1. Refundable deposits may be withheld partially or fully if Equipment is returned late or damaged. If paid by credit card, the deposit will be processed and transferred to the Company’s account. 
  1. If the Company permits Equipment release before payment, the fees must be settled by the return date or within 7 days of collection, whichever comes first. Proof of bank transfer must be provided within this timeframe. 
  1. In certain cases (e.g., long-term hires, high-value Equipment, or large orders), a non-refundable deposit may be required. The Company will notify the Customer in writing before confirming the booking. 
  1. The Company reserves the right to refuse Equipment hire if the Customer fails to comply with payment terms. 

LATE PAYMENTS & MISSING EQUIPMENT 

  1. If payment is not made within the agreed period, the Company may charge interest at 5% of the outstanding balance per month without prior notice. Unpaid debts may be reported to authorities and transferred to a collection agency within 7 to 30 days, with all associated costs passed to the Customer. 
  1. If Equipment is not returned and the Customer is unresponsive within 24 hours of the due date, the Company may consider it stolen and notify authorities. The Company may report suspected theft earlier if necessary. 
  1. If Equipment is not returned on time and the Customer fails to communicate, weekly hire charges will apply until the Equipment is returned or fully paid for. Interest may be charged at 5% per month on overdue balances. 
  1. If payments are overdue or the Equipment is deemed stolen, the Company reserves the right to: 
  1. Charge the outstanding amount to the Customer’s credit card without prior notice. 
  1. Publish the Customer’s details on the Company’s website. 
  1. Notify other rental companies about the Customer’s outstanding debts. 

IMPLIED TERMS 

  1. To the extent permitted by law, all warranties and conditions, whether expressed or implied by statute, common law, equity, trade, custom, or usage, are expressly excluded from this contract. 
  1. The Customer acknowledges that neither the Company nor any representative acting on its behalf has made any representations or promises not expressly stated in this contract. The Customer agrees that they have independently determined that the Equipment described in the contract is suitable for their intended use, without relying on the skill or judgment of the Company or its representatives. This clause does not apply where its exclusion is prohibited by the Trade Practices Act 1974 or any other applicable State or Territory laws. 

COMPANY LIMITATION OF LIABILITY 

  1. Except as expressly provided in this contract, the Company shall not be liable for any direct, indirect, incidental, or consequential loss, injury, or damage of any nature. This includes but is not limited to loss of profits, production, business opportunities, reputation, direct or indirect labor costs, overhead expenses, or damage to property arising from the use or failure of the Equipment, whether due to negligence or otherwise. 
  1. The Customer agrees to indemnify and hold the Company, its employees, and agents harmless against any claims, actions, suits, or demands from third parties arising from the Customer's use of the Equipment or any matters related to this contract. 
  1. Subject to applicable consumer protection laws, if the Equipment supplied under this contract is not ordinarily used for personal, domestic, or household purposes, the Company's liability for breach of any implied condition or warranty is limited to repair, replacement, or supply of equivalent Equipment at the Company's discretion. 

PROPERTY, RISK, AND DAMAGE WAIVER 

  1. The Equipment is at the Customer’s risk from the moment it leaves the Company’s premises or from the commencement of testing within the Company’s premises, whichever occurs first, until it is returned and accepted by the Company. Acceptance does not absolve the Customer from liability for loss or damage. 
  1. An additional charge of $35 (the "Damage Waiver") applies to limit the Customer’s liability for accidental damage, subject to the following conditions: 
  1. The damaged Equipment must be returned to the Company no later than the expiration of the rental period. 
  1. The maximum liability for damage per item is: 
  1. $500 for standard Equipment unless otherwise agreed in writing. 
  1. $5,000 for the Sony BURANO 8K Digital Motion Picture Camera. 
  1. $3,500 per ATLAS ORION anamorphic lens. 
  1. $3,500 per Canon SUMIRE lens. 
  1. $4,500 per Canon CN-E LF Cinema Lens (20-50mm T2.4 or 45-135mm T2.4). 
  1. $2,000 per Canon CN-E Compact-Servo lens or Canon CN-E Prime lens. 
  1. $2,000 per IRONGLASS rehoused prime lens. 
  1. The Damage Waiver only covers normal and fair use and does not apply in cases of: 
  1. Water damage. 
  1. Intentional damage. 
  1. Reckless or grossly negligent use. 
  1. Abusive or abnormal use. 
  1. Damage to camera sensors caused by lasers. 
  1. Theft, loss, or failure to return the Equipment. 

The Company reserves the right to determine whether damage resulted from negligence, reckless use, or intentional actions. In such cases, the full repair costs may be charged to the Customer. 

  1. Missing accessories (e.g., batteries, filters, caps, hoods, bags) must be replaced by the Customer at full replacement cost. 
  1. If the Equipment is damaged, the Customer remains responsible for hire charges until it is repaired or replaced, up to a maximum of 13 weeks. Customers are advised to obtain adequate insurance coverage for this contingency. 
  1. Only the Customer and their authorized employees or representatives may use the Equipment. Lending, subleasing, or rehiring the Equipment to any other party is strictly prohibited. 

CANCELLATION CHARGES 9. Unless otherwise agreed by the Company, any cancellation of booked or reserved Equipment within 24 hours of the scheduled collection time will result in a cancellation fee equal to 50% of the hiring fee for the originally booked period. 

CUSTOMER LIMITATION OF LIABILITY 10. If the Company, at the Customer’s request, agrees in writing to limit claims for loss or damage to the Equipment, the Customer acknowledges and accepts the following charges, terms, and conditions. The Customer also acknowledges that the Company is not an insurance provider and has made no representations to that effect. 

A. CHARGES 

  • In the event of loss or damage to the Equipment, the Company's claim will be limited to the full retail price per item for each claim. 

B. TERMS The Company will limit claims for loss or damage to Equipment within or outside Australia as agreed in writing. However, this limitation does not cover loss or damage in the following cases: 

  1. Misuse, mechanical or electrical failure, exposure to saltwater, water, dust, or sand, or confiscation by customs or authorities. 
  1. Loss or damage caused directly or indirectly by war, invasion, enemy acts, civil unrest, rebellion, or military action. 
  1. Any damage or loss resulting from: i. Ionizing radiation or radioactive contamination from nuclear fuel or waste. ii. The hazardous properties of nuclear components. 
  1. Loss or damage resulting from unattended Equipment left in vehicles, whether locked or unlocked. 

C. CONDITIONS 

  1. The Customer must take all reasonable precautions to ensure the safety of the Equipment. 
  1. In case of loss or damage, the Customer must: i. Notify the Company and, if necessary, the Police immediately, taking all practical steps for recovery. ii. Provide a full written report of the incident to the Company as soon as possible. iii. Supply any required evidence or information, including attending legal proceedings if needed. 
  1. Compliance with these terms is a condition precedent to the Company limiting the Customer’s liability. 

POWER OF ENTRY 11. 

  1. The Company may enter any premises where it reasonably believes the Equipment is located for inspection, testing, or repossession. The Customer indemnifies the Company against any liability arising from this action. 
  1. The Customer must include a clause in any agreement permitting third-party use of the Equipment that allows the Company to enter premises for inspection or repossession. 

TERMINATION BY COMPANY 12. The Company may terminate the contract and repossess the Equipment immediately if: i. The Customer fails to pay hiring charges within one (1) day of the due date. ii. The Customer takes any action that jeopardizes the Company’s rights to the Equipment. iii. The Customer breaches any contract terms. iv. The Customer becomes insolvent, bankrupt, or enters into a creditor arrangement. If the Customer is a company, termination may occur if winding-up proceedings are initiated. If termination occurs, the Customer remains liable for all charges incurred. 

OTHER CONDITIONS 13. 

  1. The minimum hire period is three (3) days for interstate use and one (1) week for overseas use. 
  1. Equipment must not be used for hazardous assignments or aerial purposes without prior written Company consent. Customers must ensure safe use by qualified personnel. 

WAIVER 14. The Company's failure to enforce any term shall not be considered a waiver of its rights. 

GOVERNING LAW AND JURISDICTION 15. These terms shall be governed by the laws of VIC, where the Company’s head office is located. Any legal proceedings must be held in Melbourne. 

GENERAL INSTRUCTIONS TO CUSTOMERS 

  1. Hire charges apply on a daily or weekly basis. A "day" runs from midnight to midnight; a "week" consists of any seven consecutive days. 
  1. Customers must check Equipment functionality before use and ensure backup reserves of essential items. 
  1. Customers are responsible for damage to filters, bulbs, and other consumables as per Clause 7. 
  1. Equipment servicing is available for extended hires through the Company’s service department. 
  1. Customers using the Company's premises for testing or production must arrange insurance for personnel and equipment. 
  1. Special precautions should be taken when using Equipment near saltwater, as residual damage may occur. 
  1. External electrical equipment cannot be connected without prior Company approval and testing, which incurs an additional charge. 
  1. Customers using digital Equipment must back up their data. The Company is not responsible for lost data left on returned Equipment. 
  1. Underwater Equipment must be properly sealed before use. A short water test is recommended to check for leaks. 
  1. Extensions of hire must be arranged before the original hire period ends to avoid conflicts with other bookings. 
  1. Any damage, shortages, or malfunctions must be reported to the Company immediately or upon return. 
  1. A call-out fee of $90 per hour may be charged for avoidable service requests, such as user errors or lack of knowledge. If the issue is due to Equipment malfunction, no fee will apply.