APEX FILM LAB — TERMS & CONDITIONS
Last updated: 7 October 2026
These Terms & Conditions apply to services supplied by APEX FILM LAB (“APEX”, “we”, “us” or “our”) through apexfilmlab.com.au and otherwise by agreement with a customer.
By placing an order, submitting film or files, or using our services, you agree to these Terms.
1. Our services
APEX operates as a mail-in photographic film laboratory.
Services may include C-41 processing of 35mm and 120 film, Develop + Scan, Develop Only, Scan Only and Digital-to-Film services.
The services, formats, resolutions, file types, scan profiles, prices and options currently available are those displayed on our website or at checkout when an order is placed.
APEX may decline material that is incompatible with our equipment, chemistry or services, appears unsafe to process, has been incorrectly identified, or otherwise cannot reasonably be processed.
2. Standard service only — exceptional-risk material
APEX provides an ordinary photographic processing and scanning service.
We do not provide insured, declared-value, archival-custody, high-value-material or project-guarantee services.
Our acceptance of a standard order does not mean that APEX accepts or agrees to any monetary value that a customer attributes to the images or other content recorded on the film.
Customers must not submit material through our standard service where they require APEX to accept responsibility for exceptional financial, commercial, historical, archival or other consequences if that material is lost or damaged.
This includes circumstances where the customer expects APEX to assume responsibility for unusual project value, lost profits, client obligations, travel or production expenses, reshoot costs, contractual penalties, lost opportunities or similar consequential losses merely because the film relates to such a project.
If such circumstances are communicated to APEX before processing, APEX may refuse the order rather than accept that additional risk.
APEX does not offer enhanced liability or special-value processing merely because a customer assigns a higher value to their film.
By submitting film through our standard mail-in service, the customer acknowledges that APEX is accepting the film solely for the photographic services ordered and has not agreed to insure or guarantee any exceptional value associated with the film or its contents.
Nothing in this section excludes, restricts or modifies any right or remedy that cannot lawfully be excluded under the Australian Consumer Law.
3. Ordinary physical film value
For the purposes of APEX's voluntary film-stock replacement policy, an ordinary roll submitted to APEX is treated as having a physical replacement value of no more than A$30 per roll.
This amount relates only to replacement of the physical photographic film stock.
It is not a valuation of the photographs recorded on the film and is not intended to operate as an exclusion of rights available under the Australian Consumer Law.
APEX does not agree to a customer-created monetary valuation of the artistic, sentimental, personal, historical, archival or commercial significance of images merely because the customer considers those images to have a particular value.
4. Sending film to APEX
Customers are responsible for securely packaging their film and providing correct order and contact information.
Unless APEX expressly arranged the inbound transport, the customer chooses and engages the postal or courier service used to send film to us.
The customer bears the risk of an inbound shipment until the parcel is physically delivered to and received by APEX.
We strongly recommend tracked postage and retaining the tracking number and proof of lodgement.
A carrier tracking status does not establish what was inside a parcel or the condition of its contents.
Missing inbound parcels
Where the customer arranged the inbound postage, the customer is responsible for initiating and managing any missing-item, damage or compensation claim with Australia Post or the carrier.
As sender, the customer will ordinarily hold the proof of lodgement and other information required by the carrier.
APEX will reasonably assist by confirming whether a parcel has been received and by supplying information reasonably requested in connection with a carrier investigation.
Film that never reaches APEX has never entered our custody.
APEX is not responsible for loss or damage occurring before we receive an inbound parcel except to the extent otherwise required by law.
5. Customer order information
Customers are responsible for selecting the correct service and providing accurate instructions.
APEX relies on information supplied with the order, including film format, requested service, scan profile, return instructions and contact information.
If material is incorrectly identified or submitted for an unsuitable process, we may pause or refuse the order.
Additional work requested after an order is placed may incur additional charges.
6. Condition of customer film
APEX generally has no knowledge of how customer film was exposed, stored, transported or treated before it reached us.
Results can be affected by circumstances outside APEX's control, including:
- incorrect exposure;
- camera or shutter malfunction;
- incorrect loading or film advance;
- light leaks;
- film age or expiry;
- poor storage;
- heat, moisture or radiation exposure;
- mould or contamination;
- damaged perforations or backing paper;
- manufacturing defects;
- previous processing or chemical exposure;
- incorrect film identification; and
- material intended for a different photographic process.
APEX is not responsible for defects caused by the pre-existing condition of the film, customer equipment or another cause outside our reasonable control.
If material appears unsafe or unsuitable to process, we may stop processing and contact the customer.
7. Processing and scanning results
APEX will provide services with appropriate care and skill.
Film photography is inherently variable.
We cannot guarantee that film will contain usable photographs or that a particular photograph will achieve a specific exposure, density, colour balance, grain structure, sharpness or aesthetic appearance.
APEX scan profiles, including LOG, CINE and CLASSIC, are distinct processing and rendering approaches.
The customer is responsible for selecting the profile they want.
Example images and descriptions demonstrate the intended general character of a profile but do not guarantee an identical result on every photograph, film stock or exposure.
Colour and density may also vary between displays, software, colour-management systems and output devices.
A customer's preference for another profile or rendering after delivery does not by itself mean that the original service was defective.
8. Profile changes and customer preferences
Where APEX has correctly supplied the scan profile selected with the order, a later request to change to another profile is considered a new service or change of preference, not correction of an APEX error.
This applies even if the negatives remain at our premises or the requested change can be performed relatively quickly.
Additional scanning, rendering, editing or profile-conversion charges may apply.
This does not affect a customer's rights where the original service was actually defective or materially different from the service purchased.
9. Blank, damaged or unusable film
Development charges remain payable where film is blank, substantially blank, damaged or unusable because of exposure, loading, camera operation, film condition, expiry or another matter not caused by APEX.
Where a separately identifiable scanning charge was paid and the developed film contains no material reasonably capable of being scanned, APEX may refund or credit the unused scanning component.
Determining likely cause
Where there is a dispute about whether a blank or damaged roll resulted from processing or from another cause, APEX may examine available technical evidence.
Relevant evidence may include manufacturer edge markings, edge numbers, rebates, frame boundaries, film-base density and appearance, fogging, emulsion condition, processor records, chemistry records, process-control information and the results of other material processed under comparable conditions.
Where expected manufacturer edge markings have developed normally but photographed frames are absent, that may indicate that development occurred and that the absence of photographs resulted from an exposure, loading, film-advance or camera-related issue.
Where neither photographed images nor expected manufacturer markings have developed, that may indicate a development problem.
These indicators are evidence rather than absolute rules. Film type, age, storage condition, previous treatment and other circumstances may affect the finished material.
Film-base colour alone is not treated as conclusive proof of correct or incorrect processing.
10. Turnaround times
Turnaround times displayed or communicated by APEX are estimates unless we expressly agree in writing to a guaranteed completion date.
Turnaround can be affected by order volume, chemistry, equipment maintenance, parts availability, technical problems, power or network interruptions and other circumstances.
APEX will take reasonable steps to supply services within the stated estimate or otherwise within a reasonable time.
11. Completion date
An order is considered completed when APEX sends the customer an email or other notification advising that the relevant processing or scanning has been completed or that digital files are available.
Where practical, the completion communication will identify relevant scan-download and negative-retention deadlines.
12. Digital scan retention
Completed film scans are ordinarily retained for 30 days from the completion date.
Customers are responsible for downloading their files and maintaining their own permanent backups.
After the 30-day period, scan files may be permanently deleted without further notice and APEX does not guarantee recovery.
The scan-delivery system is provided as temporary delivery storage and is not an archival or permanent backup service.
Automated backups, cache systems or third-party infrastructure may retain temporary copies for a limited additional period before normal deletion or overwriting occurs.
APEX may retain relevant files beyond the ordinary period where reasonably necessary for an active dispute, chargeback, security investigation, legal obligation or other legitimate purpose.
13. Negative-return choice
Customers must choose what is to happen to their processed negatives when ordering.
Where available, the customer will be required to select either:
Return my negatives — applicable return-postage charges apply; or
Do not return my negatives — APEX will retain them for 30 days from completion and may then permanently dispose of or destroy them.
The second option constitutes the customer's express instruction concerning what APEX is to do with those negatives after the retention period.
APEX does not treat merely failing to collect goods as equivalent to this explicit instruction.
14. Negatives not selected for return
Where the customer expressly selects the option not to have negatives returned, APEX will ordinarily retain those negatives for 30 days from completion.
During that period, the customer may change their mind and request return, provided the film remains in our possession.
The customer must pay the applicable postage, packaging and any stated handling charge before dispatch.
After the 30-day period, APEX may permanently dispose of or destroy the negatives in accordance with the customer's prior instruction and applicable law.
Once destruction has occurred, recovery is impossible.
APEX may send a reminder before disposal as a courtesy, but any such reminder does not replace the customer's responsibility to act within the retention period and is not guaranteed.
Where there is an active complaint, chargeback, legal dispute or investigation relating to the film, APEX may suspend ordinary destruction while the matter remains active.
15. Film that was supposed to be returned but becomes uncollected
Film that the customer instructed APEX to return but which becomes genuinely uncollected, undeliverable or otherwise left without effective return instructions is different from film the customer expressly authorised us to destroy.
APEX may deal with genuinely uncollected goods in accordance with applicable Western Australian law.
The ordinary 30-day destruction instruction for “do not return my negatives” does not automatically apply to film that was meant to be returned.
16. Voluntary re-scan policy
A customer who believes APEX made a scanning error should contact us within 7 days of completion.
Under our voluntary re-scan policy, APEX may re-scan affected frames without additional charge where:
- an objectively identifiable scanning error attributable to APEX is confirmed; and
- the affected film remains physically at APEX's premises.
Examples may include an incorrect frame crop, scanner artefact attributable to our equipment or an incorrect technical scan setting.
A preference for another colour treatment, density, crop or scan profile is not necessarily a scanning error.
Once negatives have been returned or dispatched, our voluntary free re-scan policy no longer applies automatically.
The customer may need to return the film for inspection or purchase a further scanning service.
The 7-day voluntary policy does not remove or shorten any rights available under the Australian Consumer Law.
17. Complaints requiring physical inspection
If a customer alleges that APEX processing, scanning or handling caused image loss, physical damage or another defect, APEX may reasonably inspect the affected film and relevant processing records before determining causation or an appropriate remedy.
If the film remains at APEX, we may temporarily hold it beyond the normal return or destruction date while the complaint is investigated.
If the film has already been returned to the customer and physical examination is reasonably necessary, the customer must make the original film available to APEX for inspection.
Cost of returning disputed film
The customer is responsible for arranging and paying the initial postage back to APEX for inspection.
Tracked postage is strongly recommended.
If our investigation confirms that the problem was caused by an APEX failure, APEX will reimburse the customer's reasonable cost of standard tracked return postage in addition to any other applicable remedy.
Unless agreed with APEX beforehand, reimbursement does not include unnecessarily expensive premium, urgent, same-day, specialist courier or similar services where an ordinary tracked service was reasonably available.
If the investigation does not establish an APEX failure, the inspection postage remains the customer's responsibility.
Where the customer wants the film returned again after an investigation that does not establish an APEX failure, the customer is responsible for the applicable return postage and packaging charges.
18. Preservation of disputed film and evidence
Customers should not reprocess, chemically treat, intentionally alter, destroy or dispose of disputed film before APEX has had a reasonable opportunity to inspect it.
If the customer materially alters or disposes of the original film, or otherwise prevents a reasonable inspection, this may affect our ability to determine the cause of the alleged problem or provide a voluntary remedy.
APEX may preserve relevant evidence concerning a disputed order, including photographs of the film, processing records, equipment or chemistry records, order records and correspondence.
This evidence may be retained for as long as reasonably necessary to investigate or defend the dispute.
Nothing in this section removes any right that cannot lawfully be removed.
19. APEX processing errors, loss and damage
APEX takes reasonable care when handling customer film.
Film processing and scanning nevertheless involve irreversible chemistry, mechanical transport, physical handling and specialised equipment.
If APEX confirms that film was lost or damaged while in our custody because of an error attributable to APEX, we will assess the appropriate remedy.
Depending on the circumstances, that may include repeating the service where technically possible, providing a re-scan, refunding some or all of the affected service charge, reimbursing reasonable inspection-return postage and/or replacing ordinary physical film stock.
For APEX's voluntary film-stock replacement policy, reimbursement for the physical roll itself is limited to A$30 per affected roll.
The A$30 amount is not represented as an exclusion of statutory compensation rights.
20. Claims for additional financial loss
A customer claiming compensation beyond the ordinary service remedy or physical-film replacement must provide enough information for the claim to be properly assessed.
APEX may request an itemised explanation of the claimed loss, how each amount was calculated, how the alleged APEX failure caused the loss, and reasonable supporting evidence such as invoices, contracts, receipts or other documentation.
A monetary amount does not become payable merely because the customer assigns that amount to the photographs or describes the photographs as irreplaceable.
Any claim will be assessed according to its actual circumstances and applicable law.
APEX's acceptance of a standard processing order does not itself constitute agreement that unusual commercial, project, sentimental, historical or other consequential losses are foreseeable or have been assumed by APEX.
21. Return postage
Where a customer selects return of negatives, APEX generally uses Australia Post or another suitable carrier.
Customers must provide a complete and accurate delivery address.
If an item is returned, delayed or misdirected because the customer supplied incorrect or incomplete delivery information, the customer may be required to pay any further postage and handling costs.
22. Carrier options and additional cover
Postal and courier transport involves an unavoidable risk of delay, loss or damage.
Where available, customers may be offered different return options, including standard tracked delivery and additional carrier protection or cover.
The customer is responsible for paying the cost of any optional additional cover they select.
Customers should consider the carrier's applicable compensation limits before choosing their return option.
If the customer declines optional additional protection, they acknowledge that compensation available from the carrier if the parcel is lost or damaged may be limited.
APEX does not itself provide parcel insurance.
23. Outbound carrier loss or damage
Where APEX arranges and lodges the return parcel, APEX will generally be the sender for the carrier's purposes.
If tracking indicates that a return parcel may have been lost or damaged while in the carrier's possession, APEX will reasonably assist the customer and, where appropriate, initiate and manage the carrier enquiry or compensation claim.
The customer must provide information reasonably necessary for that process.
APEX will pursue available carrier compensation according to the selected postal service, any optional cover purchased, the carrier's terms and applicable law.
The physical transportation of a properly lodged parcel is performed by the independent carrier and is outside APEX's direct control.
To the maximum extent permitted by law, APEX does not accept responsibility for consequential, sentimental, artistic or other special loss caused solely by an independent carrier's failure after APEX has exercised reasonable care in packaging and lodging the return shipment.
Nothing in this section excludes any responsibility that applicable law does not permit APEX to exclude.
24. Customer-arranged return transport
Where agreed by APEX, a customer may arrange their own courier or collection service for return of negatives.
Where the customer independently selects, contracts and pays the return carrier, responsibility for pursuing that carrier in relation to transit loss or damage rests with the customer, subject to applicable law.
APEX may require reasonable evidence of the collection arrangement before releasing the material.
25. Cancellation and order changes
A customer may request cancellation or modification before processing of the affected film has begun.
Once an irreversible service step has commenced, including chemical processing or Digital-to-Film exposure, a change-of-mind cancellation may no longer be available.
Where part of a service has already been performed, APEX may retain the amount reasonably attributable to work performed and costs already incurred.
Cancellation after film reaches APEX
If a customer cancels after their film has already arrived at APEX but before processing begins, the customer is responsible for the cost of returning the film.
The film will be dispatched after the applicable postage and packaging charges have been paid.
Where return postage is not paid or collection is not arranged, APEX may deal with the material as uncollected goods in accordance with applicable law.
Nothing in this section limits cancellation or refund rights that apply under the Australian Consumer Law.
26. Pricing and payment
Prices are in Australian dollars unless otherwise stated.
The applicable price is the price displayed or otherwise agreed when the order is placed, subject to correction of obvious pricing or technical errors.
Payments may be processed by third-party providers including Stripe.
APEX is not responsible for a customer's bank or payment provider declining or delaying a transaction.
27. Digital-to-Film — customer rights and permissions
Customers using Digital-to-Film confirm that they own the supplied images or otherwise possess the rights and permissions necessary for APEX to reproduce them.
The customer grants APEX a limited licence to copy, resize, crop, colour-manage, process and otherwise handle the supplied files only as reasonably necessary to provide the ordered service, administer the order and resolve legitimate service issues.
Ownership of customer images remains with the customer or relevant rights holder.
APEX may refuse material that we reasonably believe infringes another person's rights, is unlawful to possess or reproduce, falls within section 29, or cannot technically or safely be processed.
28. Digital-to-Film output
Customers are responsible for keeping permanent copies of every source file submitted to APEX.
Digital-to-Film results may vary because of source-file quality, resolution, colour space, photographic film characteristics, exposure, processing and subsequent scanning or viewing conditions.
Unless expressly agreed otherwise, APEX does not guarantee an exact screen-to-film colour, density or tonal match.
Source and working files are temporary production material, not archival storage.
They may be deleted after completion and any reasonable issue-resolution period.
29. Exceptionally serious unlawful material
APEX does not routinely inspect customer photographs or files for law-enforcement purposes.
Staff may nevertheless necessarily see image content while processing film, scanning, handling files, troubleshooting an order or carrying out reasonable quality-control work.
APEX may immediately pause or refuse an order where material encountered in the ordinary course of providing the service reasonably appears to involve exceptionally serious unlawful conduct, exploitation or abuse, serious violence, or a credible and immediate threat to the life or safety of a person.
This provision is intended to apply to material of a genuinely serious nature. It is not intended to prohibit content merely because it is controversial, confronting, offensive or depicts conduct of which APEX may personally disapprove.
Where APEX reasonably believes material of this kind has been encountered, we may restrict access, stop unnecessary processing, preserve relevant material or information where appropriate, refuse further service and contact an appropriate law-enforcement, regulatory or emergency authority where required by law or reasonably necessary in the circumstances.
APEX will not intentionally create unnecessary additional copies of suspected unlawful material merely for investigative purposes.
Where a legal obligation, lawful direction or legitimate investigation requires material or information to be preserved or provided, APEX may do so.
A customer cannot require APEX to immediately return, alter, conceal or destroy material where doing so would cause APEX to breach the law, a lawful direction or a legitimate evidence-preservation requirement.
30. Requests to stop processing or delete files
A customer may ask APEX to stop processing an order.
We will comply where reasonably practicable, subject to any irreversible work already performed, applicable charges and any legal reason requiring us to retain particular material or records.
A request to “delete everything” does not necessarily require APEX to destroy transaction records, accounting records, dispute evidence, security records or other information that we reasonably or legally need to retain.
Customer image files that are no longer reasonably required will be handled according to our Privacy Policy and ordinary retention practices.
31. Equipment failure and circumstances outside our control
APEX uses specialist photographic, mechanical, electronic, chemical and software systems.
Delays may occur because of major equipment failure, unexpected power or network interruption, supply shortages, carrier disruption, natural disaster or other circumstances outside our reasonable control.
Where this occurs, APEX will take reasonable steps to resume the affected service.
This provision does not excuse APEX from an obligation that cannot lawfully be excluded.
32. Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law.
Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantee, compensation right, remedy or liability where doing so would be unlawful.
Where a provision of these Terms would otherwise have that effect, it is to be read down to the minimum extent necessary to comply with applicable law.
33. Changes to these Terms
APEX may update these Terms from time to time.
The version applying to an order will ordinarily be the version in effect when that order was placed unless a later change is required by law or expressly agreed with the customer.
34. Governing law
These Terms are governed by the laws of Western Australia and applicable Commonwealth laws of Australia.
The parties submit to courts and tribunals having jurisdiction in Western Australia, subject to any right a customer has under applicable law to bring a claim elsewhere.
35. Contact
Questions concerning an order or these Terms can be sent to APEX FILM LAB using the contact information published at apexfilmlab.com.au.