1. Agreement
1.1 This document outlines the terms and conditions under which Dream Gear Photography Rentals (“we”, “us” or “our”) provides rental services to the customer identified in any booking communication (“you” or “your”) (collectively, the “Agreement”).
1.2 Definitions used in this Agreement include:
“Agreement”: This document, including the Hire Receipt.
“Cancellation Charges”: Defined in clause 7.
“Charges”: Any fees, including but not limited to Hire Charge, Late Fees, Cleaning Costs, Cancellation Charges, Interest, and other applicable rates for the Goods.
“Cleaning Costs”: Defined in clause 10.
“Damage Fee”: The reasonable cost to repair any damaged Goods.
Goods”: Equipment, technology, accessories, or products hired from us as listed on a Hire Receipt.
“Hire Charge”: The full cost of hiring the Goods as specified in the relevant Hire Receipt.
“Hire Period”: The duration of the hire as specified in the Hire Receipt.
“Hire Receipt”: The digital or physical receipt or booking confirmation provided to you in connection with the hire of the Goods.
“Interest”: Defined in clause 13.1.
“Late Fee”: Defined in clause 6.
“Pick-up Time”: Defined in clause 7.1.
“Pre-Authorisation”: Defined in clause 5.1.
“Premises”: Our primary bases in Christchurch or Auckland, unless stated otherwise.
“Replacement Fee”: The cost of replacing any lost or unreturned Goods, based on competitive market prices.
“Security Deposit”: An amount determined by us based on the value of the Goods and other relevant factors.
“Verification of Identity Requirements”: Defined in clause 3.
2. Your Obligations
2.1 You agree to comply with your obligations under this Agreement.
2.2 You must create an online account with us to provide necessary information about you or your business before receiving any Goods.
2.3 Ensure the Hire Receipt or any other written notification we provide accurately reflects the condition of the Goods and any ancillary information. Notify us promptly of any required changes.
2.4 If hiring Goods on behalf of a third party, you will:
ensure the third party complies with this Agreement
indemnify us for any claims, losses, damages, or expenses incurred due to the third party's breach of this Agreement.
2.5 You acknowledge and agree to:
to send an image of the goods that were received including any accessories
notify us within 24 hours of receiving the goods if it is not in working condition to be eligible for a full refund or remedy. If notification is received after 24 hours following the receipt of goods, remedy is solely at our discretion.
you will use and maintain the Goods properly
the goods will be returned in good, clean, and working condition
you will use reasonable care when using the Goods and will not tamper with, damage, or attempt to repair them
if sending a parcel via courier on our behalf the booking ticket must require a signature
you will ensure the parcel is adequately protected to withstand handling during transit. New Zealand Post guideline: A 1m drop onto concrete.
3. Verification of Identity
3.1 Before receiving the Goods, you must provide:
your New Zealand passport or a valid foreign passport or a driver’s license
if required an $800 security deposit, unless discussed otherwise, via credit card as per clause 5.1
proof of address (e.g., utility bill, bank statement) no older than 3 months
credit card details.
3.2 We will securely retain a copy of your proof of identity.
3.4 We may request additional identification if necessary.
3.5 We may deny the hire of the Goods if identification is unsatisfactory. If denied, any Charges made will be refunded.
4. Hire Process and Charges
4.1 Bookings must be made in advance. Any bookings longer than 12 weeks require manual attention, please contact us to proceed.
4.2 At the time of booking, pay the Hire Charge and Security Deposit if required, and authorise the Pre-Authorisation as per clause 5.
4.3 Information provided by us is supplied in good faith, but we do not guarantee its accuracy or completeness.
4.4 We are not obliged to provide any Goods not described in a Hire Receipt.
4.5 Pay the Hire Charge and any other incurred Charges in connection with the Goods in accordance with this Agreement.
4.6 Additional Charges for cleaning, damage, late returns, loss, breakdown, or Interest will be applied as per this Agreement.
5. Security Deposit & Pre-Authorisation
5.1 Before accepting your booking, you agree to:
pay the security deposit and/or pre-authorisation, if required.
5.2 The Security Deposit and Pre-Authorisation will be released if:
all charges are paid
the Goods are returned on time and in good condition
no damage or loss occurred.
5.3 Refunds may take up to 7 business days to process, depending on your financial institution.
5.4 If you incur any Late Fee, Cancellation Charges, Replacement Fee, Damage Fee, Cleaning Costs, or Interest, the Security Deposit and Pre-Authorisation will cover applicable Charges, with any remaining balance released to you.
5.5 If the security deposit & pre-authorisation is insufficient to cover additional charges and interest, you agree to pay the remaining balance immediately.
6. Late Fee
6.1 Return the Goods in person or dispatch with photographic proof or evidence or tracking number by the specified drop-off time and date.
6.2 If returned or dispatched more than 3 days late, an additional charge of a full week of rent + 25% penalty may apply, unless otherwise agreed.
6.3 In the situation where a late return impacts the reservation for another customer, we reserve the right to impose any additional fees, determined by the financial loss incurred in securing alternative equipment.
7. Cancellation Policy and No-Shows
7.1 You must pick up the Goods within the indicated time or within a reasonable time if not specified.
7.2 Cancel in writing:
10+ days before hire - 100% refund minus any credit card fees
5-9 days before hire - 50% refund
Within 4 days before hire - no refund.
7.3 Cancellation Charges will be notified in writing, with refunds processed within 5 business days.
7.4 Cancellation Charges may be waived at our discretion.
7.5 If you do not cancel and fail to pick up the Goods, we may retain the Hire Charge, with the Security Deposit and Pre-Authorisation released to you.
7.6 These terms do not exclude or modify any consumer guarantees under applicable law.
8. Loss and Failure to Return
8.1 If you lose or fail to return the Goods, you must pay the Replacement Fee.
9. Damage Fee
9.1 Any damage caused by you will incur a Damage Fee as determined by us.
10. Cleaning
10.1 If Goods need cleaning or servicing upon return, you agree to pay reasonable Cleaning Costs specified by us.
11. Breakdown
11.1 Notify us immediately if the Goods break down, are damaged, or are lost. Do not attempt to repair without our written consent.
12. Insurance
12.1 Insurance cover for incidental damage within New Zealand, i.e. impact, liquid, or theft by forced entry is included with all rentals, with an excess of $800 for each claimable event.
12.2 Unexplained loss or theft without forced entry is not covered and the ‘replacement fee’ will apply.
12.3 If you as the sender fail to specify ‘signature required’ and the parcel is lost without the carrier accepting liability, full liability is with the sender and the ‘replacement fee’ applies. If you as the recipient give ‘authority to leave’ (ATL) and the parcel goes missing after alleged delivery, clause 12.2 applies.
12.4 Other exclusions:
no insurance cover is given to any equipment outside of New Zealand territory
(a) proof of insurance is required before taking any equipment overseas
(b) you hold full liability for any damage or loss occurring outside of New Zealand
no insurance cover is given to sensors damaged a laser.
13. Interest
13.1 If payment is not received by the due date:
we may withhold further Goods
require the Goods' return
impose a 20% penalty for balances outstanding over 20 working days
charge interest at 15% per annum on outstanding amounts
require advance payments
terminate this Agreement.
13.2 Payments must be made without tax deduction unless required by law. If required, the payment amount will increase to cover the tax deduction.
14. Warranties and Indemnity
14.1 Use the Goods with reasonable care and skill.
14.2 Ensure the information provided to us is accurate and notify us of changes.
14.3 No further warranties are provided beyond those in this Agreement.
14.4 Indemnify us for any claims, losses, or damages arising from your use of the Goods, contractual breach, negligence, or tax liabilities.
14.5 We may set off any owed amounts against fees or amounts we owe you.
14.6 Indemnify us for any tax-related losses due to your breach of tax obligations.
15. Liability and Exclusions
15.1 Liability for negligence or fraudulent misrepresentation is not excluded or limited.
15.2 Neither party is liable for indirect, consequential, or special damages.
15.3 These limitations of liability are a fair allocation of commercial risk.
15.4 This clause survives termination or expiry of the Agreement.
16. Reservation Cancellation and Information Sharing
16.1 We reserve the right to cancel bookings if we receive credible information suggesting untrustworthiness or risk.
16.2 We will notify you of cancellations promptly. We are not liable for costs incurred due to cancellation.
16.3 We may share your information with other rental companies if equipment is damaged, not returned, or invoices are unpaid.
16.4 Information sharing is intended to protect the rental community.
16.5 By entering into this Agreement, you accept these terms.
17. General
17.1 Variations to this Agreement must be in writing and signed by both parties.
17.2 We may assign, subcontract, or transfer our rights and obligations. You may do so only with our written consent.
17.3 Waiving a breach does not prevent future action for similar breaches.
17.4 Invalid provisions will be replaced by valid ones that achieve the parties' intent. The remaining provisions remain in effect.
17.5 This Agreement is governed by New Zealand law.
17.6 This Agreement may be executed in counterparts.
17.7 This Agreement constitutes the entire agreement between the parties, superseding prior agreements.