Fomu Studio product loan agreement

Parties. This agreement is between Fomu Studio Pty Ltd (“Fomu Studio”, “Fomu”, “we” or “us”) and the person or legal entity identified above (“Borrower” or “you”). The submitted form, these terms, Fomu’s written approval and loan schedule, and the pickup and return condition records together form the Agreement.

1. Request, approval and agreed schedule

1. Your submission is a request and an offer to borrow products on these terms. Fomu may accept, decline or propose reasonable changes.
2. An “Approved Loan Schedule” is Fomu’s written confirmation of the approved item(s), quantities, finishes, replacement value, loan period, collection appointment, return appointment and any project-specific conditions. It prevails if it expressly varies these terms.
3. The Agreement becomes binding when Fomu issues the Approved Loan Schedule and you accept it in writing or collect an approved item, whichever occurs first.

2. Ownership, possession and risk

1. All approved items remain the sole property of Fomu. You obtain temporary possession only and must not sell, hire, pledge, encumber, copy, alter or lend them to another person.
2. Risk passes to you when an item leaves Fomu’s possession at collection and ends only when Fomu accepts its return after inspection. You remain responsible for the acts and omissions of employees, contractors, photographers, venues, removalists, publications, guests and anyone else who accesses the items.

3. Collection, condition photographs, transport and return

1. You must arrange and pay for suitable insured transport or a professional removalist to collect and return items at 687 Nicholson Street, Carlton North VIC 3054, unless Fomu agrees otherwise in writing.
2. All collection and return dates and times must be arranged and confirmed by Fomu. Preferred dates in this form are not appointments. Access is by appointment only.
3. Pickup photographs are mandatory. Before any item leaves the showroom, you must take clear, well-lit photographs showing the front, back, both sides, top, base and any existing marks or damage. You must email the original photographs to hello@fomudesign.com before leaving the showroom, using the project name and “pickup condition photos” in the subject line.
4. Return photographs are mandatory. Immediately when each item is returned, and before you or your removalist leaves the showroom, you must take the same clear photographs and email the originals to hello@fomudesign.com, using the project name and “return condition photos” in the subject line. Return is not finally accepted until Fomu has inspected the item.
5. You must use adequate clean packaging, blankets, restraints and handling equipment, keep items dry and secure in transit, and follow Fomu’s handling instructions. Items are released unboxed unless Fomu states otherwise.
6. Items must be returned complete, clean and in the same condition as recorded at collection, allowing only pre-existing condition recorded by Fomu.
7. If the pickup photographs are not received as required, each item is deemed to have been collected complete, clean and free from damage except for any condition Fomu recorded in writing. If the return photographs are not received as required, you remain responsible for the item and its condition until Fomu completes and confirms its inspection.

4. Care and permitted use

1. Use items only for the approved purpose, address and loan period. Keep them under responsible supervision and protect them from theft, moisture, excessive sunlight or heat, smoke, food, drink, pets, adhesives, paint, wax, sharp objects and unsafe loads.
2. Do not modify, dismantle, repair, refinish, reupholster, attach anything to or remove identification from an item without Fomu’s prior written consent.
3. Furniture must be used only for its intended purpose. Lighting must be installed and removed by a suitably licensed electrician where required, used only with the specified voltage and lamp, and never altered.
4. Notify Fomu immediately of any accident, defect, damage, loss, theft, delay or change to the approved use or location. Do not attempt repairs without written approval.

5. Insurance, damage, loss and payment

1. You must maintain adequate insurance for the full replacement value from collection until Fomu accepts return and provide evidence before release if requested.
2. You are responsible for loss, theft, destruction and damage occurring while risk is with you, except to the extent caused by Fomu’s negligence, a defect Fomu knew about and failed to disclose, or pre-existing condition recorded at collection.
3. Acting reasonably and, where appropriate, relying on a qualified repairer or maker, Fomu may decide whether an item can be repaired or must be replaced. You must pay the reasonable repair cost or the replacement value stated in the Approved Loan Schedule (or, if omitted, the then-current public RRP including GST), plus reasonable packing, freight, collection, assessment and transport costs arising from the incident.
4. Failure to provide either mandatory condition-photo email is a material breach. If, because the required photo record is missing, an item’s condition cannot reasonably be verified, or the item is damaged, incomplete, lost or not returned, you accept responsibility for the resulting loss and may be required to pay up to the item’s full current public RRP including GST, plus the related packing, assessment, collection and transport or shipping costs. Fomu will act reasonably and will not charge the full RRP solely because an email is late where the item has been returned and Fomu can verify that it is complete and undamaged.
5. Fomu will provide reasonable supporting details of the amount claimed. Invoices are payable within 7 days unless otherwise agreed in writing. An insurance claim does not delay your payment obligation.

6. Photography and image use

For commercial photoshoot hires, the borrower agrees to provide Fomu Studio with at least one final, high-resolution image showing the hired product. Fomu Studio may use the supplied image across its website, social media, newsletters and portfolio, with appropriate project and photography credits and subject to any usage restrictions agreed in writing before the hire.

At Fomu Studio’s discretion, the hire fee may be waived for selected projects that closely align with our brand. For complimentary loans, a larger selection of images and the applicable usage rights will be agreed in writing before collection.

7. Timing, cancellation, late return and recall

1. You may cancel without a loan fee before collection, but must reimburse reasonable non-recoverable costs incurred at your written request. Notify Fomu as early as possible.
2. Return items at the confirmed time. For an unapproved late return, you must pay reasonable direct loss, additional transport and recovery costs caused by the delay. Fomu will provide supporting details.
3. Fomu may require early return on reasonable notice if an item is at risk, being misused, required for an urgent prior commitment, or you breach the Agreement. Fomu will act reasonably and discuss practical return arrangements.

8. Condition reports and inspection

1. Fomu may photograph and record condition at collection. You must identify any discrepancy before departure; otherwise Fomu’s contemporaneous record is evidence of starting condition, subject to proof to the contrary.
2. Fomu may inspect on return and notify you of damage discovered during a reasonable inspection, including concealed damage found within 5 business days.

9. Liability and indemnity

1. Nothing in the Agreement excludes rights, guarantees or liabilities that cannot lawfully be excluded, including applicable rights under the Australian Consumer Law.
2. To the extent permitted by law, neither party is liable to the other for indirect or consequential loss. This does not limit your express obligations for approved items, agreed fees, transport, loss or damage.
3. You indemnify Fomu against reasonable third-party claims, loss and costs arising from your negligent, unlawful or unauthorised use, installation, transport or publication of an item, except to the extent caused by Fomu’s negligence or breach.

10. General

1. Neither party may transfer the Agreement without the other’s written consent. A variation must be in writing and agreed by both parties.
2. If a provision is invalid or unenforceable, it is read down or severed to the minimum extent necessary and the rest continues.
3. The Agreement is governed by the laws of Victoria, Australia. The parties submit to Victorian courts and must first try in good faith to resolve a dispute by written notice and discussion for 10 business days, except where urgent relief or recovery of an item is required.
4. Electronic acceptance, a typed name and a required “I agree” checkbox may be relied on as evidence of acceptance and intention to be bound.