RENTAL CONTRACT

TERMS & CONDITIONS

1. THE PARTIES & AUTHORITY

This Rental Agreement is entered into between Borneo Film Equipment (BFE) and the Hirer (the individual and/or corporate entity listed on the attached invoice/quotation). The person executing this agreement physically or digitally warrants that they have the express legal authority to bind themselves and/or the Company, Production House, or Agency they represent. Both the signing individual and the represented corporate entity shall be held jointly and severally liable for all financial and legal obligations under this agreement. BFE reserves the absolute right to refuse rental services to any party at its sole discretion without assigning any reason.

2. RATE CALCULATION & OPERATION HOURS

Pickup Grace Period: Equipment collection after 1:00 PM on the day prior to the official rental day will not incur additional rental charges.

Return Grace Period: Equipment return prior to 11:00 AM on the day following the official rental day will not incur additional rental charges.

Same-Day Rental: Collection in the morning and returning at night on the same calendar day is considered a full one-day rental (e.g., collection at 10:00 AM and return at 10:00 PM on the same day).

Our studio standard operation time: weekday 8:30am - 5pm

3. PAYMENT & BOOKING & SECURITY DEPOSITS

Upfront Payment: Full payment of the rental fee is required upfront to lock down booking dates and reserve specific equipment.

Security Deposits: BFE reserves the right to mandate a refundable Security Deposit. All security deposits must be paid in full prior to the release of any equipment. This deposit will be refunded within three (7) business days post-rental, subject to a complete technical inspection confirming the gear is free of damage.

4. QUOTATION & INVOICE

An official Quotation and Invoice will be issued prior to the commencement of rental services and upon formal confirmation of the booking. This Master Terms and Conditions document is legally anchored to, and incorporates by reference, the specific items and values listed on said Invoice/Quotation.

5. DELIVERY, COLLECTION & RISK OF LOSS

Collection Responsibility: It is the sole responsibility of the Hirer to collect the hired equipment from BFE's premises. BFE may, at its option, provide delivery services for an additional agreed-upon fee.

Third-Party Acts: The Hirer assumes total responsibility for the acts, omissions, or negligence of their agents, employees, sub-contractors, crew members, or any other person acting on their behalf under this agreement.

Site Preparation: If BFE personnel are required on a production set, the Hirer warrants that the site is safe, cleared, and legally prepared. The Hirer shall provide sufficient access, unloading space, and stable power utilities. Any delays, postponements, or cancellations caused by the Hirer's failure to meet these obligations will result in additional standard charges billed directly to the Hirer.

6. DAMAGED, LOST & ABSOLUTE LIABILITY

Pre-Rental Inspection: Upon taking possession of the equipment, the Hirer acknowledges having thoroughly inspected the gear and confirms its satisfactory working condition. Taking possession constitutes explicit consent that the gear is free of defects.

Total Repair/Replacement Cost: In the event of any damage, operational failure due to misuse, or total loss, the Hirer agrees to bear all associated costs, including full technical repair fees, 1-to-1 direct replacement costs, and international/local logistics and shipping fees.

Direct Settlement: BFE reserves the absolute right to bill and charge the Hirer for damaged or lost gear immediately upon confirmation of the incident, on a direct replacement or valuation basis, without any obligation to conduct market price-matching.

Insurance Claim Independence: BFE is not responsible for, nor bound by, any delays caused by the Hirer's third-party insurance claims. The Hirer’s primary financial obligation to settle repair or replacement costs directly with BFE remains absolute, immediate, and completely unaffected by the progress or timeline of any insurance payouts.

7. CANCELLATION & REFUND POLICY

14-Day Notice: The Hirer is entitled to a full refund on rental charges provided a formal cancellation notice is given via Email or WhatsApp at least fourteen (14) days prior to the scheduled pickup date.

48-Hour Notice: Cancellations made less than 48 hours prior to the scheduled pickup time will result in the immediate forfeiture of any booking deposits paid and will incur a cancellation fee equal to 50% of the total order value.

Same-Day Cancellation: Same-day cancellations or failure to show up for a scheduled pickup will result in a 100% non-refundable charge of the total rental fee.

8. LATE RETURNS & UNLAWFUL CONVERSION

Equipment must be returned on the exact date and time specified in the rental agreement or invoice. Any unauthorised extension or failure to return the gear on time will incur a late fee equivalent to 100% of the standard daily rental rate for each calendar day (or part thereof) that the equipment remains unreturned. Continued failure to return the equipment past the agreed return date may, at BFE’s sole discretion, be treated as unlawful conversion or theft, and will be reported immediately to the Royal Malaysia Police (PDRM) and relevant authorities.

9. PERMITTED USE, GEOGRAPHIC LIMITS & ENVIRONMENTAL HAZARDS

Professional Operation: The rental gear must be operated strictly by qualified industry professionals in a proper, safe, and lawful manner.

No Sub-Renting: The Hirer shall not sub-rent, loan, assign, or transfer possession of the equipment to any third party.

Geographic Restrictions: All equipment must remain within the geographical borders of Malaysia unless explicit, prior written consent is provided by BFE.

Environmental Liability: The Hirer assumes total liability for protecting the equipment from environmental hazards, including but not limited to tropical rain, high humidity, moisture, salt water, rivers, dust, and sand. Damage resulting from environmental exposure or improper outdoor handling is entirely the Hirer's financial responsibility.

10. ELECTRICAL & POWER SUPPLY RISK

The Hirer is solely responsible for ensuring safe, stable, and adequate power sources for all electronic equipment, lighting, and accessories. BFE shall not be held liable for any equipment failure, short circuits, or internal component damage caused by faulty generators, unstable local power grids, improper voltage, or lack of proper surge protection on set. Any damage resulting from power irregularities will be billed directly to the Hirer under standard replacement terms.

11. DATA LOSS & DIGITAL MEDIA DISCLAIMER

BFE accepts zero responsibility or liability for any loss, corruption, formatting errors, or damage to data, video footage, audio recordings, or files captured on rental cameras, monitors, or storage media (including but not limited to SD cards, CFexpress cards, and SSDs). It is the sole responsibility of the Hirer to offload, verify, and securely back up all data prior to returning the equipment. All storage media returned to BFE may be formatted or wiped immediately without notice.

12. OPERATIONAL LOSS & DELAYED SETTLEMENT FEES

In the event that gear is damaged or lost and the Hirer delays full payment for the repair, replacement, or settlement costs, BFE reserves the right to charge an Operational Loss Fee. This fee will be calculated continuously at a discounted daily rental rate for the affected items, acting as if the gear were still actively hired out. This fee will accrue daily from the date of the incident until the total repair or replacement cost is fully paid and settled in cash to BFE.

13. GOVERNING LAW, JURISDICTION & STAMPING

This Agreement shall be governed by, and construed in accordance with, the laws of Malaysia. The parties explicitly agree to submit to the exclusive jurisdiction of the Courts of Sarawak sitting at Kuching for any legal actions or disputes arising from this contract. The Hirer acknowledges and agrees that in the event of legal enforcement, this document may be executed and physically or electronically stamped via the Inland Revenue Board of Malaysia (LHDN), and the Hirer agrees to fully indemnify BFE for any associated stamp duty, legal representation fees, or courtroom costs incurred.

IMPORTANT !

Upon taking possession of the rented film equipment, the undersigned acknowledges having thoroughly inspected the gear and confirms its satisfactory working condition, thereby giving explicit consent. In the event of any damage or need for repair, the renter agrees to bear all associated costs.

Furthermore, the undersigned acknowledges full awareness of said contract and confirms agreement with every single particular and condition contained herein, with specific acknowledgment of the terms regarding gear damage and financial responsibility. The renter further acknowledges that it is their sole responsibility to seek out, review, and read these rental terms and conditions—whether publicly available on BFE's website, brochures, or otherwise accessible. Borneo Film Equipment (BFE) is under no legal obligation to individually or manually furnish a copy of these terms for them to be fully binding, as these conditions represent standard, logical practices governing commercial equipment rentals.

All rental is strictly subject to Borneo Film Equipment's Standard Terms and Conditions, viewable at https://borneofilmequipment.com/pages/terms. By proceeding with payment or taking possession of the gear, the renter explicitly agrees to all terms contained therein.