PRODUCT LOAN TERMS
By submitting a Loan Enquiry, selecting “Yes, I agree” and accepting an approved product loan from Fomu Studio, the Borrower agrees to the following terms.
These terms form part of every product loan approved by Fomu Studio.
“Fomu Studio” means Fomu Studio Pty Ltd.
“Borrower” means the person or business named in the approved Loan Enquiry.
1. LOAN DETAILS
The approved items, project details, collection date, return date and replacement values will be confirmed separately by Fomu Studio in writing.
Only items expressly approved by Fomu Studio are included in the loan.
Submitting a Loan Enquiry does not guarantee that the requested loan will be approved. A loan is only confirmed when Fomu Studio provides written approval.
2. COLLECTION AND RETURN
All items must be collected from and returned to:
Fomu Studio Showroom
687 Nicholson Street
Carlton North VIC 3054
The showroom is open by prior arrangement only. Exact collection and return times must be confirmed with Fomu Studio in advance.
Arriving outside an agreed time may require collection or return to be rescheduled.
3. TRANSPORT
Loan items are supplied unboxed unless Fomu Studio confirms otherwise in writing.
The Borrower is responsible for arranging and paying for all collection, loading, secure transport, unloading and return costs.
An enclosed vehicle, clean protective blankets and suitable padding or equivalent protection must be used. Each item must be individually wrapped, appropriately secured and protected from movement, impact, rubbing, dirt, moisture and weather during transport.
The Borrower must ensure that the vehicle is suitable for the size and quantity of the approved items. Items must not be stacked unless Fomu Studio has provided written approval.
The Borrower must inspect each item at collection and immediately notify Fomu Studio of any existing marks or damage.
4. CARE AND RESPONSIBILITY
The Borrower agrees to:
• Keep all items secure, clean, dry and protected from damage.
• Protect items from heat, water, food, drinks, makeup, adhesives, sharp objects and other risks of marking or damage.
• Not drag, stack, modify, dismantle, repaint or repair an item.
• Not attach tape, labels or other materials directly to an item.
• Use the items only for the approved project and purpose.
• Not sell, hire, lend or transfer an item to another person or business.
• Not reproduce, replicate or alter an item.
• Not use an item for another project or commercial campaign without written approval from Fomu Studio.
• Notify Fomu Studio immediately of any loss, theft, damage, delay or other incident involving an item.
• Return all items clean, complete and in the same condition in which they were collected, excluding reasonable wear resulting from the approved use.
The Borrower accepts full responsibility for every item from collection until Fomu Studio has inspected and confirmed its return.
5. LOSS OR DAMAGE
The Borrower is responsible for any loss or damage occurring during transport, handling, installation or the loan period.
The Borrower must reimburse Fomu Studio for all reasonable inspection, professional cleaning, repair or replacement costs arising from loss or damage, up to the item’s full replacement value.
Fomu Studio will determine, acting reasonably and having regard to professional advice where appropriate, whether a damaged item can be cleaned or repaired or requires replacement.
The Borrower is also responsible for any associated packing, collection, delivery and freight costs, including freight from the manufacturer to the Fomu Studio showroom where replacement is required.
The replacement value will be the value confirmed by Fomu Studio in writing or, where no separate value has been confirmed, the current Australian RRP displayed at fomudesign.com on the collection date.
Payment of an item’s replacement value does not transfer ownership of the original item to the Borrower unless Fomu Studio agrees otherwise in writing.
6. LATE OR UNRETURNED ITEMS
Items must be returned by the agreed date and time.
Late returns may incur a reasonable fee of up to $100 AUD per day unless Fomu Studio approves an extension in writing before the agreed return time.
If an item has not been returned and Fomu Studio has not received a response from the Borrower within seven days of the agreed return date, Fomu Studio may issue an invoice for:
• The item’s full replacement value.
• Accrued late fees.
• Associated freight, packing, collection or delivery costs.
• Reasonable debt-recovery costs where permitted by law.
Invoices issued under these terms must be paid within seven days of the invoice date.
All amounts stated in these terms are in Australian dollars and include GST where applicable.
The Borrower remains responsible for returning the item unless Fomu Studio confirms otherwise in writing.
7. INSURANCE
The Borrower must maintain suitable insurance covering each item for its full replacement value during transport, handling, installation and the entire loan period.
If the Borrower does not hold suitable insurance, the Borrower accepts full financial responsibility for the items.
8. CONDITION PHOTOGRAPHS
The Borrower must take at least one clear photograph of each item at collection and another before return.
Photographs must be emailed to [hello@fomudesign.com](mailto:hello@fomudesign.com).
Any existing marks or damage must be reported at collection. If no existing damage is reported, the item will be considered to have been collected in good condition.
9. CREDITS AND IMAGERY
Where imagery featuring a loan item is published, the Borrower agrees to:
• Credit Fomu Studio.
• Tag @fomu when publishing on Instagram.
• Provide Fomu Studio with the final high-resolution imagery and relevant photographer and project credits.
Subject to any publication embargo or third-party usage restrictions disclosed to Fomu Studio in advance, the Borrower grants Fomu Studio permission to use supplied imagery on its website, portfolio, press materials and social media.
The Borrower confirms that it has permission to provide the imagery to Fomu Studio and to grant the usage rights described above.
10. LIABILITY
To the extent permitted by law, Fomu Studio is not liable for injury, loss or damage arising from the Borrower’s transport, handling, installation or use of the loan items.
Nothing in these terms excludes, restricts or modifies any right, guarantee or remedy that cannot lawfully be excluded under the Australian Consumer Law or any other applicable law.
11. OWNERSHIP
All loan items remain the sole property of Fomu Studio Pty Ltd.
The loan does not transfer ownership or any intellectual property rights to the Borrower.
12. PRIVACY AND IDENTIFICATION
Fomu Studio may collect personal information and identification for the purpose of verifying the Borrower’s identity, assessing the Loan Enquiry and administering the product loan.
The Borrower should cover identification numbers and any other information that is not required to verify their identity before uploading identification.
Fomu Studio will handle personal information in accordance with its Privacy Policy and applicable privacy laws.
13. GOVERNING LAW
These Product Loan Terms are governed by the laws of Tasmania, Australia.
14. ACCEPTANCE
By selecting “Yes, I agree” on the Loan Enquiry form, the Borrower confirms that:
• They have read, understood and agreed to these Product Loan Terms.
• The information provided in the Loan Enquiry is complete and accurate.
• They are authorised to accept these terms on behalf of the named person or business.
• They accept responsibility for all approved loan items from collection until Fomu Studio has inspected and confirmed their return.
Fomu Studio Pty Ltd
ABN 72 691 235 097
[hello@fomudesign.com](mailto:hello@fomudesign.com)