Rental Agreement

Draft for review. Items in [square brackets] are to be confirmed before use.

1. Parties and equipment

This agreement is between M & C Co Pty Ltd (ABN 37 609 221 187) trading as CineCiti, Shop 2, 8-10 The Avenue, Hurstville NSW 2220 ("CineCiti", "we") and the person or business named in this form ("the Hirer", "you"). The equipment includes all cases, batteries, chargers, cables, caps and accessories listed in the equipment schedule or supplied with it.

2. Hire period, collection and return

1. The hire period starts at the collection date and time and ends at the return date and time shown on your order.
2. At collection you must show current photo ID (driver licence or passport) matching the name on the order. A business hire must be collected by an authorised representative.
3. We will check the equipment with you at collection and record its condition in the equipment schedule. You must report any fault or missing item before leaving the store, or within [2] hours if the equipment is delivered.
4. You must return the equipment to our Hurstville store by the return time, clean, complete and in the same condition as supplied, except for fair wear and tear.
5. We will inspect the equipment within [2] business days of return. The rental is not complete until this inspection is done.
6. You may not lend, sub-hire, sell or give the equipment to anyone else, or take it outside Australia, without our written consent.

3. Fees, security bond and pre-authorisation

1. The rental fee is shown on your order and is paid in full at checkout.
2. Security bond. You must provide a security bond of [$___ or ___% of the total replacement value] before collection, held either as a pre-authorisation on your credit card taken at collection (the funds are held, not charged), or as a refundable payment refunded to the same card after the return inspection.
3. Card pre-authorisations usually last about 7 days, depending on your card issuer. For hires longer than [5] days, we take the bond as a refundable payment instead.
4. Release. We release the pre-authorisation, or refund the bond, within [2] business days of a satisfactory return inspection. Your bank may take a few extra days to show the funds.
5. Use of the bond. You authorise us to charge all or part of the bond for amounts you owe under this agreement, including late fees (clause 6), cleaning, repair, replacement of lost or damaged items (clause 5) and unpaid fees. We will send you an itemised statement of any amount charged.
6. If the amounts you owe are more than the bond, you must pay the difference within [7] days of our invoice. You authorise us to charge the card used for the order for that difference.

4. Care and use of the equipment

While the equipment is in your possession, from collection until we receive it back, you must:

• use it only for its intended purpose, by competent people, following the manufacturer's instructions;
• protect it from rain, water, sand, dust, extreme heat, smoke, haze or pyrotechnic effects unless it is rated for those conditions or we agree in writing;
• never leave it unattended in a vehicle or public place;
• not open, modify, repair or service it, or remove serial numbers or labels;
• transport it in the cases supplied; and
• tell us immediately if it is faulty, damaged, lost or stolen.

If equipment develops a fault that is not caused by you, stop using it and contact us. We will repair or replace it where possible or refund the unused part of the rental fee.

5. Loss, damage and theft

You are responsible for the equipment from collection until we receive it back, including any loss, theft or damage, other than fair wear and tear or a fault not caused by you.

For theft, you must report it to police within 24 hours and give us the police report number. We will give you a copy of any repair quote or invoice before charging you, and you may obtain a second quote within [5] business days.

We recommend you insure the equipment for its full replacement value while in your care. Your own insurance does not reduce your responsibility to us under this clause.

6. Late return

1. If you need more time, contact us before the return time. Extensions depend on availability and are charged at the normal daily rate.
2. Equipment returned late without an approved extension is charged at [1.5×] the daily rental rate for each day or part day it is late, plus any costs we incur because another booking cannot be filled.
3. If equipment is more than [3] days late and you have not contacted us, we may treat it as lost under clause 5, charge the replacement value, and report it to police as not returned.
4. You authorise us to enter premises you control, at a reasonable time and with notice, to recover equipment that is overdue. We will not use force.

7. Cancellations and changes

Changing dates is free if made more than [48] hours before collection and the equipment is available. If we cannot supply the equipment for reasons within our control, we will offer a similar item or a full refund.

8. Liability, Australian Consumer Law and general terms

1. Consumer guarantees. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in this agreement excludes, restricts or modifies those guarantees or any right you have under them.
2. Limit of liability. To the extent the law allows, our liability for a failure to comply with a consumer guarantee for goods or services not of a kind ordinarily acquired for personal, domestic or household use is limited to resupplying the equipment or refunding the rental fee.
3. Indirect loss. To the extent the law allows, we are not liable for lost footage, lost data, lost profit or missed bookings caused by equipment failure. You are responsible for backing up your recordings.
4. Your indemnity. You indemnify us against claims by third parties arising from your use of the equipment, except to the extent caused by our negligence.
5. Personal information. We collect your ID and contact details to manage the hire and recover equipment, and handle them under our Privacy Policy.
6. Termination. We may end the hire and recover the equipment if you breach this agreement, provide false information, or the equipment is at risk.
7. Governing law. This agreement is governed by the laws of New South Wales, Australia.
8. Entire agreement. This agreement, your order and our website terms make up the whole agreement. If any clause is invalid, the rest still applies.