HIRER’S OBLIGATIONS. 10.1 The Hirer must comply with and shall procure that its officers, agents, employees and Delegates comply with: (a) all applicable laws, statutes and regulations from time to time in force in relation to the hire and use of the Facilities and attendance at the Venue; (b) any health and safety regulations, and security and other reasonable requirements that apply to the Venue and/or the Room and have been communicated to the Hirer; (c) any instructions from any member of wallacespace staff in the event of a fire or other emergency or in respect of any other security or health and safety matters. 10.2 The Hirer shall not hold itself out to be connected to wallacespace, nor, without the prior written consent of wallacespace, use the wallacespace name or logos on any promotional or other materials. 10.3 The Hirer will not affix any poster, notice, placard, sign or other item to any part of the Venue or Room nor erect any display or stand unless wallacespace’s prior written agreement has been obtained. 10.4 The Hirer will be responsible for keeping proper order and for ensuring that all Delegates behave in an appropriate manner. This includes the treatment of wallacespace staff with respect, not causing damage to the Venue or Equipment, not introducing any malicious or technologically harmful material to wallacespace’s tech systems and not using the tech systems for any unlawful purpose. wallacespace reserves the right to exclude any Delegate from the Venue who does not behave in such a manner. 10.5 Externally purchased or produced food and drink may not be brought into the Venue for consumption. In particular, other than that supplied by wallacespace, wines, spirits or other beverages are not permitted to be brought into the Venue for consumption unless prior written consent has been given by wallacespace and wallacespace’s “corkage” charges from time to time shall be added to, and payable with, the Price. 10.6 The Hirer shall indemnify wallacespace from and against all claims, demands, actions, costs, expenses, damages, penalties or proceedings arising out of or connected with any loss or theft of or damage to any property of any person at the Venue, damage to the Venue or Facilities, or any death or injury of any person at the Venue as a result of any act or omission of the Hirer or its officers, employees, agents or Delegates or any other person on the Venue with the actual or implied authority of any of them. 10.7 The Hirer shall maintain in force, with a reputable insurance company, public liability and any other insurance at an amount not less than £2,000,000 to cover the liabilities that may arise under or in connection with the Agreement and shall produce to wallacespace on request both the insurance certificate giving details of cover and the receipt for the current year's premium in respect of each insurance.
Appears in 4 contracts
Samples: Booking Terms and Conditions, Booking Terms and Conditions, Booking Terms and Conditions
HIRER’S OBLIGATIONS. 10.1 The Hirer must comply with and shall procure that its officers, agents, employees and Delegates comply with:
(a) all applicable lawsHirer undertakes to keep the Equipment in good condition and working order and will be responsible for any loss or damage to the Equipment from whatever cause that may arise, statutes notwithstanding that no fault can be imputed to the Hirer, and regulations from time to time Xxxxx will notify Owner immediately of the loss or damage. Xxxxx shall indemnify the Owner Group accordingly against any losses suffered by Owner Group as a result of Xxxxx’s obligations under or breach of the provisions set out in force this clause.
(b) Xxxxx is responsible for maintaining the Equipment in good working order. Costs for any maintenance and assistance in relation to the hire and use of the Facilities and attendance at the Venue;
(b) any health and safety regulations, and security and other reasonable requirements that apply to the Venue and/or the Room and have been communicated to the Hirer;Equipment are for Xxxxx’s account.
(c) Xxxxx will be responsible to Owner for the full replacement cost of Equipment or any instructions from part thereof which may be lost or stolen and for full repair costs including parts, labour and overhead element on items damaged. This condition must be met by Hirer notwithstanding any member insurance claim by Owner or the Hirer which may be pending. Xxxxx shall indemnify the Owner Group accordingly against any losses suffered by Owner Group as a result of wallacespace staff Xxxxx’s obligations under or breach of the provisions set out in the event of a fire or other emergency or in respect of any other security or health and safety mattersthis clause.
10.2 The Hirer shall (d) Xxxxx will not hold itself out to be connected to wallacespace, nor, alter or modify the Equipment without the prior written consent permission of wallacespace, use the wallacespace name Owner and all alterations or logos on any promotional or other materials.
10.3 The Hirer will not affix any poster, notice, placard, sign or other item to any part of the Venue or Room nor erect any display or stand unless wallacespacemodifications are undertaken at Hirer’s prior written agreement has been obtained.
10.4 The cost. Hirer will be responsible for keeping proper order and for ensuring that all Delegates behave in an appropriate mannerreverting the Equipment back to its original condition (if required by Owner at its sole discretion) upon expiry or termination of the Agreement at Hirer’s cost. This includes the treatment of wallacespace staff with respect, not causing damage to the Venue or Equipment, not introducing any malicious or technologically harmful material to wallacespace’s tech systems and not using the tech systems for any unlawful purpose. wallacespace reserves the right to exclude any Delegate from the Venue who does not behave in such a manner.
10.5 Externally purchased or produced food and drink may not be brought into the Venue for consumption. In particular, other than that supplied by wallacespace, wines, spirits or other beverages are not permitted to be brought into the Venue for consumption unless prior written consent has been given by wallacespace and wallacespace’s “corkage” charges from time to time shall be added to, and payable with, the Price.
10.6 The Hirer Xxxxx shall indemnify wallacespace from and the Owner Group accordingly against all claims, demands, actions, costs, expenses, damages, penalties or proceedings arising out of or connected with any loss or theft of or damage to any property of any person at the Venue, damage to the Venue or Facilities, or any death or injury of any person at the Venue losses suffered by Owner as a result of Xxxxx’s obligations under or breach of the provisions set out in this clause.
(e) Hirer shall only use the Equipment for the purpose for which it was made and designed.
(f) Hirer shall only use the Equipment in a safe and correct manner and in accordance with any operating and/or safety instructions provided.
(g) Hirer shall not do or permit to be done any act or omission which may jeopardise the right, title and/or interest of Owner in the Equipment (including, but not limited to, part with the control of the Hirer Equipment, sell or its officersoffer for sale, employees, agents underlet or Delegates lend the Equipment or any other person on allow the Venue with the actual or implied authority creation of any of them.
10.7 The Hirer shall maintain in forcemortgage, with a reputable insurance companycharge, public liability and any lien or other insurance at an amount not less than £2,000,000 to cover the liabilities that may arise under or in connection with the Agreement and shall produce to wallacespace on request both the insurance certificate giving details of cover and the receipt for the current year's premium security interest in respect of each insuranceit).
(h) Xxxxx will be responsible for compliance with all laws and regulations applicable to the Equipment and to the work being performed and will be responsible for obtaining all necessary permission for use of the Equipment and for the carrying out of the Work being performed. Xxxxx shall indemnify the Owner Group accordingly against any losses suffered by Owner Group as a result of Xxxxx’s obligations under or breach of the provisions set out in this clause.
(i) Hirer shall keep Owner informed of all material matters relating to the Equipment and Owner shall be entitled to enter the premises of Hirer to inspect the Equipment at all reasonable times by providing Hirer with a reasonable period of notice.
(j) If applicable, fuel, lubricating oil and spares used during the Rental Period are for Hirer’s account.
(k) Any repairs to the Equipment shall only be carried out after written approval by Owner.
(l) If required, pre-hire surveys of the Equipment will be undertaken by independent inspection authorities at Hirer’s request and cost and Xxxxx must immediately intimate to Owner in writing any faults or defects in the Equipment revealed thereby. If such surveys are not requested by Xxxxx, the Equipment shall be deemed to be in good working order and condition and to Hirer’s satisfaction on Delivery
Appears in 3 contracts
Samples: Rental Agreement, Rental Agreement, General Terms and Conditions of Rental
HIRER’S OBLIGATIONS. 10.1 The Hirer must comply agrees with and shall procure that its officers, agents, employees and Delegates comply withthe Owner as follows:
(a) To obtain delivery of the Goods at its sole expense.
(b) To keep and maintain the Goods in good and serviceable condition and repair and to replace all applicable lawsmissing unfit or damaged parts thereof by parts of the same make and equal value and to be solely responsible for any loss or destruction of or any damage to the goods or any part thereof occasioned in any manner or by whomsoever or by any cause whatsoever, statutes including fair wear and regulations tear and lawful forfeiture.
(c) To give immediate notice in writing to the Owner of any loss damage or destruction of the Goods or any part thereof.
(d) Immediately after the signing of this Agreement to insure and to keep insured at the Hirer’s expense at all times the Goods in the joint names of the Owner as owner and the Hirer as hirer thereof during the continuance of the hiring against loss or damage by accident, fire, burglary, strikes, riots, civil commotion and theft and such other risks as the Owner may from time to time consider fit to the full insurable value thereof with a reputable insurance company under a policy of insurance containing such terms, conditions and exceptions as the Owner would require if the Owner arranged the insurance and stating that all payment under the policy is to be made to the Owner. The Hirer hereby irrevocably and unconditionally authorises the Owner to receive all moneys payable under the said policy and to give a valid discharge therefore and hereby appoints the Owner as the Hirer’s attorney to recover and/or compromise in the respective names of the Owner and the Hirer any claim thereunder for loss or damage to the Goods and to give effectual releases and receipts for the same.
(e) To pay all insurance premiums including renewal premiums payable for effecting and keeping on foot such insurance as aforesaid and to deposit the policy (ies) thereof and the receipts for all premiums with the Owner on demand and not to do or suffer to be done any act or thing which may invalidate any such insurance and to keep the Owner fully indemnified at all times against all loss or damage to the Goods from whatever cause arising and all claims arising out of any accident caused by the Goods or the use thereof. If the Hirer fails to effect or keep on foot the insurance as required under the preceding provisions the Owner may (without prejudice to its other rights under this Agreement but without being under any obligation so to do) effect and / or keep on foot any such insurance as aforesaid and all costs and expenses incurred in so doing shall be repaid to the Owner by the Hirer on demand together with interest thereon as provided in Clause 5(b) hereof. If the Owner agrees to any modification or restriction in the policy of any such insurance (whether effected by the Hirer or the Owner) the Hirer will fully indemnify the Owner against any loss occasioned thereby.
(f) To permit the Owner its servants or agents at any time to inspect or test the Goods and to give them reasonable and proper facilities to enable them to do so.
(g) To punctually pay all licence fees registration charges duties taxes and all other outgoing in respect of the Goods or the use thereof and if any such payments shall have been made by the Owner (which the Owner may at its discretion but without any obligation do) to repay the same to the Owner on demand with interest thereon as hereinbefore provided in Clause 5(b) hereof.
(h) Not to use the Goods or permit or suffer the same to be used contrary to any written law and any rules regulations or orders made thereunder or for any unlawful purpose.
(i) Not to allow any but skilled and qualified persons to operate or use the Goods.
(j) If the Goods are a vehicle to notify the Owner immediately if the Hirer or any person authorised by him to drive the vehicle should be or become subject to a disqualification from holding or obtaining a driving licence under the Road Traffic Act (Cap. 276) or any other relevant statutory provision.
(k) To notify the Owner immediately if the Goods are used by the Hirer or any other person in contravention of any statute or regulation for the time being in force or in relation connection with any offence or breach of a statute or regulation by reason of which the Goods may become liable to seizure, confiscation, forfeiture or destruction or whereby the Owner may become liable to any penalty or loss.
(l) To keep the Goods at all times in the possession and control of the Hirer and not to remove the same from the place where they shall be garaged or housed (as the case may be) as specified in the Schedule hereto without the prior consent in writing of the Owner and if the Goods should consist of a motor vehicle not to take or send or permit the said vehicle to be taken or sent out of West Malaysia and Singapore and not to transfer the registration of the vehicle from the Land Transport Authority in Singapore to another registry.
(m) To notify the Owner in writing of any change of the address or place where the Goods are garaged or housed (as the case may be) immediately such change takes place and to duly and punctually pay the rent rates taxes and other outgoing in respect of the premises where the Goods are kept and to produce on demand to the hire Owner the receipts for the current payments thereof. If the Hirer fails to make such payments the Owner may (but is not obliged to) pay the same and use all such payments including costs and expenses incurred in so doing shall be repaid to the Owner by the Hirer on demand together with interest thereon as hereinbefore provided in Clause 5(b) hereof.
(n) Not to make any alterations additions or improvements to the Goods without the prior consent in writing of the Facilities Owner. All additions replacements or attachments made to the Goods with or without the Owner’s consent and attendance at of whatever kind or nature shall be deemed to be parts of the Venue;Goods and be the property of the Owner and subject to all the terms and conditions of this Agreement. DBS BANK LTD Co.Reg.No.196800306E Pg 2 of 6 July 2014
(bo) Not to affix or attach the Goods to any health land or building without the prior consent in writing of the Owner and safety regulations, if the Goods are affixed or attached to any land or building (with or without the Owner’s consent) to obtain from the owner and security and other reasonable requirements that apply to / or the Venue and/or mortgagee of the Room and have been communicated to said land or building a disclaimer of his or their interest in the Hirer;Goods.
(cp) Not to present the Hirer or hold the Hirer out as owner of the Goods nor to do or suffer any instructions from act matter or thing to be done whereby the Hirer may be reputed to be the owner of the Goods and in particular not to sell assign sub-let pledge mortgage charge incumber or otherwise deal with the Goods or any member of wallacespace staff interest therein nor create nor allow to be created any lien on the Goods whether for repairs or otherwise and in the event of a fire any breach of this sub-clause by the Hirer the Owner shall be entitled (but shall not be bound) to pay to any third party such sum as is necessary to procure the release of the Goods from any charge incumbrance or lien and shall be entitled to recover such sum from the Hirer forthwith with interest thereon as hereinbefore provided in Clause 5(b).
(q) To keep the Goods free from distress execution or other emergency or in respect of any other security or health and safety matterslegal process.
10.2 The Hirer shall not hold itself out (r) Not to be connected to wallacespace, nor, assign any of its rights or interest under this Agreement without the prior written consent of wallacespace, use the wallacespace name or logos on any promotional or other materials.
10.3 The Hirer will not affix any poster, notice, placard, sign or other item to any part of the Venue or Room nor erect any display or stand unless wallacespaceOwner’s prior written agreement has been obtainedconsent, such consent not to be unreasonably withheld.
10.4 The Hirer will be responsible for keeping proper order (s) To pay the Owner all expenses (including legal costs on a full indemnity basis) incurred by or on behalf of the Owner in ascertaining the whereabouts of, taking possession of, preserving, insuring and for ensuring that all Delegates behave in an appropriate manner. This includes storing the treatment of wallacespace staff with respect, not causing damage to the Venue or Equipment, not introducing any malicious or technologically harmful material to wallacespace’s tech systems Goods and not using the tech systems for any unlawful purpose. wallacespace reserves the right to exclude any Delegate from the Venue who does not behave in such a manner.
10.5 Externally purchased or produced food and drink may not be brought into the Venue for consumption. In particular, other than that supplied by wallacespace, wines, spirits or other beverages are not permitted to be brought into the Venue for consumption unless prior written consent has been given by wallacespace and wallacespace’s “corkage” charges from time to time shall be added to, and payable with, the Price.
10.6 The Hirer shall indemnify wallacespace from and against all claims, demands, actions, costs, expenses, damages, penalties or proceedings arising out of or connected with any loss or theft of or damage to any property of any person at the Venue, damage to the Venue demand and/or any legal proceedings taken by or Facilities, or any death or injury of any person at the Venue as a result of any act or omission on behalf of the Hirer or its officers, employees, agents or Delegates or any other person on Owner to enforce the Venue with the actual or implied authority provisions of any of themthis Agreement.
10.7 The Hirer shall maintain in force, with a reputable insurance company, public liability and any other insurance at an amount not less than £2,000,000 to cover the liabilities that may arise under or in connection with the Agreement and shall produce to wallacespace on request both the insurance certificate giving details of cover and the receipt for the current year's premium in respect of each insurance.
Appears in 2 contracts
HIRER’S OBLIGATIONS. 10.1 The During the continuance of this Agreement, the Hirer must comply with shall in addition and shall procure that without prejudice to its officers, agents, employees obligations under the Terms and Delegates comply withConditions:
(a1) punctually pay all applicable lawsHire Rents and all other sums due under this Agreement (time being of the essence) notwithstanding that no demand thereof shall have been made by the Owner;
(2) pay all Overdue Interest due under this Agreement with or without demand by the Owner;
(3) pay all Default Interest due under this Agreement with or without demand by the Owner;
(4) keep the Goods in good and serviceable repair and condition and replace all missing damaged or broken parts with parts of equal quality and value and in default of so doing permit the Owner to take possession of the Goods for the purpose of having repairs carried out and repay to the Owner the full cost of such repairs. The Owner shall have a lien on the Goods until such repayment but exercise of such lien shall not prevent the accrual of Hire Rent hereunder;
(5) punctually pay all registration charges (including any further charge required after signature hereof in respect of fees included in the calculation in Part II Schedule 3) licence fees, statutes rents, rates, taxes, fines and regulations penalties (imposed by the Government or otherwise) and other outgoings payable in respect of the Goods or the use thereof or in respect of any premises in which the Goods may from time to time in force in relation be placed or kept and produce to the hire Owner on demand the last receipts for all such payment, and use in the event of the Facilities Hirer making default in payment under this sub-clause the Owner shall be at liberty to make all or any such payments and attendance at to recover the Venueamount thereof from the Hirer forthwith together with Overdue Interest and/or Default Interest from the date of demand therefor;
(b6) permit the Owner, its servants or agents and any health person authorised by the Owner at all reasonable times to enter upon the premises in which the Goods are for the time being placed or kept for the purpose of inspecting and safety regulationsexamining the condition of the Goods;
(7) keep the Goods at all times in the Hirer’s actual possession and control and properly housed, sheltered and protected wherever they may be, and security not remove the same from Hong Kong without the prior approval given by the Owner in writing, and other reasonable requirements that apply undertakes to maintain the Goods at such location as appear in the record of the Owner or otherwise the Owner may direct from time to time and shall not move the Goods to a different location without prior written consent of the Owner;
(8) on demand by the Owner provide it with such particulars material to the Venue and/or Hirer’s financial status and to the Room situation, state and have been communicated condition of the Goods as the Owner may reasonably require;
(9) notify the Owner as soon as possible of any difficulty in repaying the loan (or any part thereof) or in meeting any payment to the Owner arising from the loan or otherwise pursuant to this Agreement;
(10) notify the Owner forthwith of any change in the Hirer’s address and upon request by the Owner promptly inform the Owner of the whereabouts of the Goods;
(11) in the case of the Hirer being a sole proprietor, a partnership or a corporation, obtain the Owner’s written consent prior to any changes of ownership of the Hirer;
(c12) any instructions from any member of wallacespace staff indemnify the Owner and keep the Owner effectually indemnified, if necessary by payment in the event of a fire or other emergency or in respect of any other security or health and safety matters.
10.2 The Hirer shall not hold itself out to be connected to wallacespacecash on demand, nor, without the prior written consent of wallacespace, use the wallacespace name or logos on any promotional or other materials.
10.3 The Hirer will not affix any poster, notice, placard, sign or other item to any part of the Venue or Room nor erect any display or stand unless wallacespace’s prior written agreement has been obtained.
10.4 The Hirer will be responsible for keeping proper order and for ensuring that all Delegates behave in an appropriate manner. This includes the treatment of wallacespace staff with respect, not causing damage to the Venue or Equipment, not introducing any malicious or technologically harmful material to wallacespace’s tech systems and not using the tech systems for any unlawful purpose. wallacespace reserves the right to exclude any Delegate from the Venue who does not behave in such a manner.
10.5 Externally purchased or produced food and drink may not be brought into the Venue for consumption. In particular, other than that supplied by wallacespace, wines, spirits or other beverages are not permitted to be brought into the Venue for consumption unless prior written consent has been given by wallacespace and wallacespace’s “corkage” charges from time to time shall be added to, and payable with, the Price.
10.6 The Hirer shall indemnify wallacespace from and against all claimslosses, demands, actionsdamages, costs, expensescharges, damagesexpenses and liabilities which may be suffered sustained or incurred by the Owner and all actions, penalties suits, proceedings, claims or proceedings arising out of or connected with any loss or theft of or damage to any property demands of any person at nature whatsoever which may be taken, made or threatened against the Venue, damage to Owner or which may arise directly or indirectly by reason of the Venue Owner entering in this Agreement or Facilitiesbecoming the Owner of the Goods or by reason of the operation of this Agreement or the enforcement by the Owner of any of its rights and remedies herein or by reason of the termination or early termination of this Agreement or by reason of the transport of the Goods from or to, or their installation or presence in or upon, any death place, or injury of any person at the Venue as a result of their use or misuse, whether or not due to any act or omission of the Hirer save insofar as the same may occur as a result of the negligence or its officers, employees, agents willful default of the Owner; 1517 2/6
(13) punctually pay for all work done to the Goods and for spare parts and accessories thereto and keep the Goods free from any distress execution or Delegates other legal process and pay all fines and penalties imposed at any time with respect to the Goods before or any other person on (until the Venue with Hirer redelivers the actual or implied authority Goods to the Owner) after termination of any of them.this Agreement;
10.7 The Hirer shall maintain in force, with a reputable insurance company, public liability and any other insurance at an amount not less than £2,000,000 to cover the liabilities that may arise under or in connection with the Agreement and shall produce to wallacespace on request both the insurance certificate giving details of cover and the receipt for the current year's premium in respect of each insurance.1. 譯義 除文意另有所指外,下列各用語有以下涵義- ‧ “合約” 指本租購合約; ‧ “現沽價餘款” 指表(三)第二部份內總現沽價減首期付款之金額; ‧ “租購價格餘款” 指表(三)第二部份內現沽價餘款加財務費用之總和金額; ‧ “銀行集團” 指華僑永亨銀行有限公司之母公司、其香港附屬公司、聯營公司及此等公司之繼承人及受讓人; ‧ “工作日” 指貨主在香港向公眾正常開放營業的日子,但不包括星期六; ‧ “開始日期” 指由貨主提供予租購人之還款預計表中或表(A)內(如適用)列明之日期; ‧ “銷售商” 指於表(二)列明之貨品銷售商/供應商; ‧ “違約利息” 指租購人於其違約時須就任何逾期租購費用及其他在本合約內需繳付之金額繳付由有關付款日期或到期日至實際付款當天之利息,該利息以表(四)列明之違約利率計算且按日累積(不論法庭命令發出前或發出後); ‧ “首期付款” 指於表(三)第二部份列明租購人已繳付之首期付款或換車/機價; ‧ “財務費用” 指租購人在租購時期內需繳付之利息總額,以固定利率計算,已於表(三)第二部份或表(A)內(如適用)列明;
Appears in 1 contract
Samples: Hire Purchase Agreement
HIRER’S OBLIGATIONS. 10.1 (a) The Hirer must will:
(i) on request by MSC, supply a full written or printed statement or program, detailing what is to be done at, on or in the Facilities during the Period of Hire;
(ii) during the Period of Hire, obey any and all instructions given by MSC as to the use of, and access to and from, the Facilities or the Venue;
(iii) comply with the Entry Conditions and shall procure any other conditions of entry or rules governing the use of any of the Facilities as may be determined by MSC from time to time;
(iv) obtain all necessary consents from all persons interested in the copyright or performing rights of any matter used by the Hirer;
(v) pay such further charges as determined by MSC on demand if any part of the Venue other than the Facilities is used by the Hirer, or the Facilities are used by the Hirer outside the Period of Hire;
(vi) pay such further charges as determined by MSC on demand for costs that its officersarise as a result of the hire, agentsincluding but not limited to area traffic management and parking or alterations to the Venue's occupancy limit;
(vii) be responsible for the maintenance and preservation of good order in the Facilities throughout the Period of Hire;
(viii) adequately supervise, employees control and Delegates be responsible for all persons attending the Facilities during the Period of Hire, including children;
(ix) agree to and comply with all policies and procedures of MSC and the Venue;
(x) reinstate the Venue and Facilities to a condition equivalent to their condition prior to the commencement of the Period of Hire, fair wear and tear appropriate to the nature of the Hirer’s use excepted;
(xi) remove all waste from the Venue at the end of the Period of Hire or place in the signed waste area for collection by local council;
(xii) ensure that any equipment belonging to MSC and used during the Period of Hire is returned to where it was located at the commencement of the Period of Hire;
(xiii) comply with:
(aA) all applicable lawsrelevant occupational health and safety standards, statutes legislation and regulations from time to time in force in relation to the hire and use of the Facilities and attendance at the Venueguidelines;
(bB) the Environmental Protection Act 1970 (Vic) and the State Environment Protection Policy (Control of Music Noise from Public Premises) No N-2 to ensure that noise from music is restricted to background level plus five decibels, failing which MSC can ask for the music to be turned down, immediately terminate this Agreement or fine the Hirer an amount equivalent to any health fine received by MSC;
(C) all relevant laws and safety regulationsregulations including but not limited to laws regarding the responsible service of alcohol, food handling and security and other reasonable requirements that apply to any required permits for any activities undertaken at the Venue and/or the Room and have been communicated to by the Hirer;
(cD) the terms of any instructions from any member of wallacespace staff licences granted to the Venue, including but not limited to the Venue's liquor licence (if any) and food handling licence (if any); and
(xiv) acknowledge that a charge applies to all signage or displays placed in the event Venue foyer or other public spaces outside the Facilities hired by the Hirer, and MSC may direct the Hirer to remove any such signage in MSC's absolute discretion; and
(xv) if requested by MSC, procure the execution of a fire release, indemnity and waiver form, in a form as determined by MSC from time to time, by any person or other emergency or corporation as MSC may require. At MSC's discretion, the hire of the Facilities by the Hirer may be conditional upon the execution of any such release, indemnity and waiver form prior to the commencement of the Period of Hire.
(b) The Hirer acknowledges that the hiring is in respect of any other security the Facilities only and does not include the services of Venue or health MSC staff, unless required by the Hirer and safety mattersspecified in the application for hire. MSC accepts no responsibility for supervision of persons using the Facilities during the Period of Hire.
10.2 The Hirer shall not hold itself out to be connected to wallacespace, nor, without the prior written consent of wallacespace, use the wallacespace name or logos on any promotional or other materials.
10.3 (c) The Hirer will not affix without express written approval of MSC:
(i) use any poster, notice, placard, sign or other item to any part of the Venue or Room nor erect any display or stand unless wallacespace’s prior written agreement has been obtained.
10.4 The Hirer will be responsible for keeping proper order and for ensuring that all Delegates behave in an appropriate manner. This includes the treatment of wallacespace staff with respect, not causing damage to facilities at the Venue or Equipment, not introducing any malicious or technologically harmful material to wallacespace’s tech systems and not using the tech systems for any unlawful purpose. wallacespace reserves the right to exclude any Delegate from the Venue who does not behave in such a manner.
10.5 Externally purchased or produced food and drink may not be brought into the Venue for consumption. In particular, other than that supplied by wallacespacethe Facilities specified in item 4 of the Schedule;
(ii) bring, wines, spirits or other beverages are not permitted permit any animal to be brought into the Venue for consumption unless prior written consent has been given by wallacespace with the exception of registered guide dogs or assistance animals;
(iii) allow any person, not subject to the direction and wallacespace’s “corkage” charges from time control of the Hirer, to time shall be added to, and payable with, use the Price.Venue or Facilities;
10.6 The Hirer shall indemnify wallacespace from and against all claims, demands, actions, costs, expenses, damages, penalties (iv) conduct any alterations or proceedings arising out of or connected with any loss or theft of or damage to any property of any person at the Venue, damage additions to the Venue or Facilities;
(v) alter, move or remove any death fixture or injury of any person at fitting in the Venue or Facilities;
(vi) use any information obtained as a result of any act or omission the hire of the Hirer Facility to allow any person under its control to bet or its officerswager, employeesor permit any person to bet or wager, agents on a game of sport taking pace at any Venue operated by MSC;
(vii) bring or Delegates or any other person on permit to be brought into the Venue with any dangerous goods;
(viii) advertise, promote or announce any function or event in or at the actual Facilities or implied authority Venue until this Agreement has been executed by both parties; or
(ix) fix or exhibit any sign, notice or advertisement in or upon any part of the Venue without the written consent of MSC. For this purpose, the Hirer shall submit a proposal for display of any sign, notice or advertisement, including sponsor and directional signage, to MSC for its approval, including a copy of themthe proposed sign, notice or advertisement.
10.7 The Hirer shall maintain in force, with a reputable insurance company, public liability and any other insurance at an amount not less than £2,000,000 to cover the liabilities that may arise under or in connection with the Agreement and shall produce to wallacespace on request both the insurance certificate giving details of cover and the receipt for the current year's premium in respect of each insurance.
Appears in 1 contract
Samples: Facilities Hire Agreement
HIRER’S OBLIGATIONS. 10.1 The Hirer must comply with and shall procure that its officers, agents, employees and Delegates comply with:
(a) will; • Pay for all applicable laws, statutes and regulations from time to time charges if not included in force in relation to the hire and use booking. • Take good care of the Facilities Property and attendance its contents and leave the Property and its contents in a clean and tidy condition. • Please ensure that the dish washer is emptied and all pots, pans, oven trays and dinnerware and glasses are washed dried and placed in the kitchen cupboards on vacating the property. • Inform the Owner of any damage or breakages and pay the Owner at the Venue;
(b) any health and safety regulations, and security and other reasonable requirements that apply to the Venue and/or the Room and have been communicated to the Hirer;
(c) any instructions from any member of wallacespace staff in the event of a fire or other emergency or in respect of any other security or health and safety matters.
10.2 The Hirer shall not hold itself out to be connected to wallacespace, nor, without the prior written consent of wallacespace, use the wallacespace name or logos on any promotional or other materials.
10.3 The Hirer will not affix any poster, notice, placard, sign or other item to any part end of the Venue booking for any breakages or Room nor erect any display or stand unless wallacespace’s prior written agreement has been obtained.
10.4 The Hirer will be responsible for keeping proper order and for ensuring that all Delegates behave in an appropriate manner. This includes the treatment of wallacespace staff with respect, not causing damage to the Venue property and its contents caused by the Hirer (reasonable wear and tear and breakage of glasses or Equipment, plates etc. excluded) • Allow the Owner and the Agent (with or without workmen) access to the property at reasonable times and with reasonable notice (other than emergencies) for inspection purposes to carry out any repairs or maintenance. (routine maintenance and repairs will not introducing be carried out during the hire period) • Not cause undue noise or disruption or become a nuisance to the occupants of any malicious or technologically harmful material to wallacespace’s tech systems and not using neighboring properties; • Not use the tech systems property for any unlawful purpose. wallacespace reserves the right to exclude any Delegate from the Venue who does not behave in such a manner.
10.5 Externally purchased or produced food and drink may not be brought into the Venue for consumption. In particular, purpose other than that supplied by wallacespace, wines, spirits of a private holiday residence; • Not alter the property or other beverages are not permitted its contents or remove any contents from the property; return all sets of keys to be brought into the Venue for consumption unless prior written consent has been Property in accordance with the instructions given by wallacespace and wallacespace’s “corkage” charges from time to time shall be added tothe Owner or their Agent. • Not use any flammable materials, and payable with, fireworks or candles in or on the Price.
10.6 The Hirer shall indemnify wallacespace from and against all claims, demands, actions, costs, expenses, damages, penalties or proceedings arising out of or connected Property; • Keep the Property secure when out. • Comply with any loss or theft specific conditions and restrictions relating to the Property and/or its contents contained in the property description and in any instructions held in the property including ensuring the waste bins are put out for emptying / collection on the day specified. • A Charcoal/wood burning Kettle Barbeque is available for use. It is the Hirers responsibility to ensure that the Barbeque is cleaned thoroughly after use as this is not the job of or damage the Cleaner. The choice to any property of any person use this equipment is strictly at the Venue, damage to the Venue or Facilities, or any death or injury of any person at the Venue as a result of any act or omission risk and responsibility of the Hirer or its officers, employees, agents or Delegates or any other person on the Venue with the actual or implied authority of any of them.
10.7 The Hirer shall maintain in force, with a reputable insurance company, public liability and any other insurance at an amount not less than £2,000,000 to cover the liabilities that may arise under or in connection with the Agreement and shall produce to wallacespace on request both the insurance certificate giving details of cover and the receipt Owner or his Agents will not accept responsibility for any accident or injury occurring through its use • Put the current year's premium emergency key back in respect of each insurance.the key safe!
Appears in 1 contract
Samples: Booking Terms and Conditions
HIRER’S OBLIGATIONS. 10.1 8.1 The Hirer must comply with and shall procure that its officers, agents, employees and Delegates comply withwill:
(a) Prior to use of the Plant ascertain the suitability of the Plant hired for the required purpose.
(b) Be responsible for complying with any statutory authorities, State or Federal legislation concerning the use of the Plant hired.
(c) At his/her own expense, perform minor servicing in accordance with OEM recommendations using OEM parts, clean, fuel, lubricate and maintain the Plant in good and substantial repair and condition.
(d) Use the Plant in a proper and skilful manner and only for the purpose and in the capacity for which it was designed.
(e) Use only trained, certified, competent operators (as defined in the Workplace Health & Safety Xxx 0000 and Workplace Health & Safety Regulations 2008, Codes of Practice – Moving Plant on Construction Sites. Australian Standards 3798 – 1996 Guidelines on Earthworks, Plant Manufacturers Operation & Maintenance Manuals. or other relevant legislation) to operate, service, move or drive the equipment stated in this agreement.
(f) Clean the Plant thoroughly upon completion of the Hire Period or be charged at the absolute discretion of the Owner a cleaning fee for any cleaning required to be performed by the Owner or its representatives.
(g) Be responsible for obtaining and fitting the appropriate ropes for any winches hired.
(h) Be responsible for the safekeeping of the Plant and all applicable lawsfixture during the Hire Period.
(i) Not operate the Plant after it has become defective, statutes damaged or in a dangerous state.
(j) Not be entitled to remove the Plant or allow it to be removed from the Site for which it was hired without the prior written permission of the Owner.
(k) Pay to the Owner all Hire and regulations related charges and other costs as stipulated in accordance with the Owner’s Terms of Payment.
(l) Be liable for any breach of this Hire Agreement committed by the Hirer’s servants or agents.
(m) Indemnify the Owner for any loss (including legal costs) incurred in relation to any breach of this Hire Agreement and for any liability arising out of any such breach.
8.2 The Hirer shall allow the Owner to inspect the Plant from time to time in force in relation during the Hire Period and the Hirer shall permit or procure admission for the Owner’s servants, agent and insurers to the hire premises upon which the Plant is situated for that purpose.
8.3 The Hirer ACKNOWLEDGES that the Owner does not warrant that the Plant is suitable for any particular or general purpose required by the Hirer and use in all circumstances the Hirer relies on his own skill and judgement and not that of the Facilities and attendance at Owner in choosing the Venue;
(b) any health and safety regulations, and security and other reasonable requirements that apply to the Venue and/or the Room and have been communicated to the Hirer;
(c) any instructions from any member of wallacespace staff in the event of a fire or other emergency or in respect of any other security or health and safety mattersrelevant Plant.
10.2 The Hirer shall not hold itself out to be connected to wallacespace, nor, without the prior written consent of wallacespace, use the wallacespace name or logos on any promotional or other materials.
10.3 The Hirer will not affix any poster, notice, placard, sign or other item to any part of the Venue or Room nor erect any display or stand unless wallacespace’s prior written agreement has been obtained.
10.4 The Hirer will be responsible for keeping proper order and for ensuring that all Delegates behave in an appropriate manner. This includes the treatment of wallacespace staff with respect, not causing damage to the Venue or Equipment, not introducing any malicious or technologically harmful material to wallacespace’s tech systems and not using the tech systems for any unlawful purpose. wallacespace reserves the right to exclude any Delegate from the Venue who does not behave in such a manner.
10.5 Externally purchased or produced food and drink may not be brought into the Venue for consumption. In particular, other than that supplied by wallacespace, wines, spirits or other beverages are not permitted to be brought into the Venue for consumption unless prior written consent has been given by wallacespace and wallacespace’s “corkage” charges from time to time shall be added to, and payable with, the Price.
10.6 The Hirer shall indemnify wallacespace from and against all claims, demands, actions, costs, expenses, damages, penalties or proceedings arising out of or connected with any loss or theft of or damage to any property of any person at the Venue, damage to the Venue or Facilities, or any death or injury of any person at the Venue as a result of any act or omission of the Hirer or its officers, employees, agents or Delegates or any other person on the Venue with the actual or implied authority of any of them.
10.7 The Hirer shall maintain in force, with a reputable insurance company, public liability and any other insurance at an amount not less than £2,000,000 to cover the liabilities that may arise under or in connection with the Agreement and shall produce to wallacespace on request both the insurance certificate giving details of cover and the receipt for the current year's premium in respect of each insurance.
Appears in 1 contract
Samples: Hire Agreement
HIRER’S OBLIGATIONS. 10.1 The Hirer must comply with and shall procure that its officers, agents, employees and Delegates comply with:
(a) all applicable lawsHirer undertakes to keep the Equipment in good condition and working order and will be responsible for any loss or damage to the Equipment from whatever cause that may arise, statutes notwithstanding that no fault can be imputed to the Hirer, and regulations from time to time Xxxxx will notify Owner immediately of the loss or damage. Xxxxx shall indemnify the Owner Group accordingly against any losses suffered by Owner Group as a result of Xxxxx’s obligations under or breach of the provisions set out in force this clause.
(b) Xxxxx is responsible for maintaining the Equipment in good working order. Costs for any maintenance and assistance in relation to the hire and use of the Facilities and attendance at the Venue;
(b) any health and safety regulations, and security and other reasonable requirements that apply to the Venue and/or the Room and have been communicated to the Hirer;Equipment are for Xxxxx’s account.
(c) Xxxxx will be responsible to Owner for the full replacement cost of Equipment or any instructions from part thereof which may be lost or stolen and for full repair costs including parts, labor and overhead element on items damaged. This condition must be met by Hirer notwithstanding any member insurance claim by Owner or the Hirer which may be pending. Xxxxx shall indemnify the Owner Group accordingly against any losses suffered by Owner Group as a result of wallacespace staff Xxxxx’s obligations under or breach of the provisions set out in the event of a fire or other emergency or in respect of any other security or health and safety mattersthis clause.
10.2 The Hirer shall (d) Xxxxx will not hold itself out to be connected to wallacespace, nor, alter or modify the Equipment without the prior written consent permission of wallacespace, use the wallacespace name Owner and all alterations or logos on any promotional or other materials.
10.3 The Hirer will not affix any poster, notice, placard, sign or other item to any part of the Venue or Room nor erect any display or stand unless wallacespacemodifications are undertaken at Hirer’s prior written agreement has been obtained.
10.4 The cost. Hirer will be responsible for keeping proper order and for ensuring that all Delegates behave in an appropriate mannerreverting the Equipment back to its original condition (if required by Owner at its sole discretion) upon expiry or termination of the Agreement at Hirer’s cost. This includes the treatment of wallacespace staff with respect, not causing damage to the Venue or Equipment, not introducing any malicious or technologically harmful material to wallacespace’s tech systems and not using the tech systems for any unlawful purpose. wallacespace reserves the right to exclude any Delegate from the Venue who does not behave in such a manner.
10.5 Externally purchased or produced food and drink may not be brought into the Venue for consumption. In particular, other than that supplied by wallacespace, wines, spirits or other beverages are not permitted to be brought into the Venue for consumption unless prior written consent has been given by wallacespace and wallacespace’s “corkage” charges from time to time shall be added to, and payable with, the Price.
10.6 The Hirer Xxxxx shall indemnify wallacespace from and the Owner Group accordingly against all claims, demands, actions, costs, expenses, damages, penalties or proceedings arising out of or connected with any loss or theft of or damage to any property of any person at the Venue, damage to the Venue or Facilities, or any death or injury of any person at the Venue losses suffered by Owner as a result of Xxxxx’s obligations under or breach of the provisions set out in this clause.
(e) Hirer shall only use the Equipment for the purpose for which it was made and designed.
(f) Hirer shall only use the Equipment in a safe and correct manner and in accordance with any operating and/or safety instructions provided.
(g) Hirer shall not do or permit to be done any act or omission which may jeopardize the right, title and/or interest of Owner in the Equipment (including, but not limited to, part with the control of the Hirer Equipment, sell or its officersoffer for sale, employees, agents underlet or Delegates lend the Equipment or any other person on allow the Venue with the actual or implied authority creation of any of them.
10.7 The Hirer shall maintain in forcemortgage, with a reputable insurance companycharge, public liability and any lien or other insurance at an amount not less than £2,000,000 to cover the liabilities that may arise under or in connection with the Agreement and shall produce to wallacespace on request both the insurance certificate giving details of cover and the receipt for the current year's premium security interest in respect of each insuranceit).
(h) Xxxxx will be responsible for compliance with all laws and regulations applicable to the Equipment and to the work being performed and will be responsible for obtaining all necessary permission for use of the Equipment and for the carrying out of the Work being performed. Xxxxx shall indemnify the Owner Group accordingly against any losses suffered by Owner Group as a result of Xxxxx’s obligations under or breach of the provisions set out in this clause.
(i) Hirer shall keep Owner informed of all material matters relating to the Equipment and Owner shall be entitled to enter the premises of Hirer to inspect the Equipment at all reasonable times by providing Hirer with a reasonable period of notice.
(j) If applicable, fuel, lubricating oil and spares used during the Rental Period are for Hirer’s account.
(k) Any repairs to the Equipment shall only be carried out after written approval by Owner.
(l) If required, pre-hire surveys of the Equipment will be undertaken by independent inspection authorities at Hirer’s request and cost and Xxxxx must immediately intimate to Owner in writing any faults or defects in the Equipment revealed thereby. If such surveys are not requested by Xxxxx, the Equipment shall be deemed to be in good working order and condition and to Hirer’s satisfaction on Delivery
Appears in 1 contract
HIRER’S OBLIGATIONS. 10.1 The Hirer must comply agrees with and shall procure that its officers, agents, employees and Delegates comply withthe Owner as follows:
(a) all applicable laws, statutes and regulations from time to time in force in relation to the hire and use To obtain delivery of the Facilities and attendance Goods at the Venue;its sole expense.
(b) To keep and maintain the Goods in good and serviceable condition and repair and to replace all missing unfit or damaged parts thereof by parts of the same make and equal value and to be solely responsible for any health loss or destruction of or any damage to the goods or any part thereof occasioned in any manner or by whomsoever or by any cause whatsoever, including fair wear and safety regulationstear and lawful forfeiture, and security and other reasonable requirements that apply to indemnify the Owner against any such loss or damage to the Venue and/or the Room Goods (ordinary fair wear and have been communicated to the Hirertear excluded);
(c) To give immediate notice in writing to the Owner of any instructions loss damage or destruction of the Goods or any part thereof;
(d) Immediately after the signing of this Agreement to insure and to keep insured at the Hirer’s expense at all times the Goods in the joint names of the Owner as owner and the Hirer as hirer thereof during the continuance of the hiring against loss or damage by accident, fire, burglary, strikes, riots, civil commotion and theft and such other risks as the Owner may from time to time consider fit to the full insurable value thereof with a reputable insurance company under a policy of insurance containing such terms, conditions and exceptions as the Owner would require if the Owner arranged the insurance and stating that all payment under the policy is to be made to the Owner. The Hirer hereby irrevocably and unconditionally authorises the Owner to receive all monies payable under the said policy and to give a valid discharge thereof and hereby appoints the Owner as the Hirer’s attorney to recover and/or compromise in the respective names of the Owner and the Hirer any member claim thereunder for loss or damage to the Goods and to give effectual releases and receipts for the same;
(e) To pay all insurance premiums including renewal premiums payable for effecting and keeping on foot such insurance as aforesaid and to deposit the policy(ies) thereof and the receipts for all premiums with the Owner on demand and not to do or suffer to be done any act or thing which may invalidate any such insurance and to keep the Owner fully indemnified at all times against all loss or damage to the Goods from whatever cause arising and all claims arising out of wallacespace staff any accident caused by the Goods or the use thereof. If the Hirer fails to effect or keep on foot the insurance as required under the preceding provisions the Owner may (without prejudice to its other rights under this Agreement but without being under any obligation so to do) effect and / or keep on foot any such insurance as aforesaid and all costs and expenses incurred in so doing shall be repaid to the Owner by the Hirer on demand together with interest thereon as provided in Clause 5(b) hereof. If the Owner agrees to any modification or restriction in the policy of any such insurance (whether effected by the Hirer or the Owner) the Hirer will fully indemnify the Owner against any loss occasioned thereby;
(f) To permit the Owner its servants or agents at any time to inspect or test the Goods and to give them reasonable and proper facilities to enable them to do so;
(g) To punctually pay all licence fees registration charges duties taxes and all other outgoing in respect of the Goods or the use thereof and if any such payments shall have been made by the Owner (which the Owner may at its discretion but without any obligation do) to repay the same to the Owner on demand with interest thereon as hereinbefore provided in Clause 5(b) hereof;
(h) Not to use the Goods or permit or suffer the same to be used contrary to any written law and any rules regulations or orders made thereunder or for any unlawful purpose;
(i) To obtain all necessary licences permits and permissions for the use of the Goods and not to allow any but skilled and qualified persons to operate or use the Goods;
(j) If the Goods are a vehicle to notify the Owner immediately if the Hirer or any person authorised by him to drive the vehicle should be or become subject to a disqualification from holding or obtaining a driving licence under the Road Traffic Act (Chapter 276) or any other relevant statutory provision;
(k) To notify the Owner immediately if the Goods are used by the Hirer or any other person in contravention of any statute or regulation for the time being in force or in connection with any offence or breach of a statute or regulation by reason of which the Goods may become liable to seizure, confiscation, forfeiture or destruction or whereby the Owner may become liable to any penalty or loss;
(l) To keep the Goods at all times in the possession and control of the Hirer and not to remove the same from the place where they shall be garaged or housed (as the case may be) as specified in the Schedule hereto without the prior consent in writing of the Owner and if the Goods should consist of a motor vehicle not to take or send or permit the said vehicle to be taken or sent out of West Malaysia and Singapore and not to transfer the registration of the vehicle from the Land Transport Authority in Singapore to another registry;
(m) To notify the Owner in writing of any change of the address or place where the Goods are garaged or housed (as the case may be) immediately such change takes place and to duly and punctually pay the rent rates taxes and other outgoing in respect of the premises where the Goods are kept and to produce on demand to the Owner the receipts for the current payments thereof. If the Hirer fails to make such payments the Owner may (but is not obliged to) pay the same and all such payments including costs and expenses incurred in so doing shall be repaid to the Owner by the Hirer on demand together with interest thereon as hereinbefore provided in Clause 5(b) hereof; DBS BANK LTD Co.Reg.No.196800306E Pg 2 of 7 July 2014
(n) Not to make any alterations additions or improvements to the Goods without the prior consent in writing of the Owner. All additions replacements or attachments made to the Goods with or without the Owner’s consent and of whatever kind or nature shall be deemed to be parts of the Goods and be the property of the Owner and subject to all the terms and conditions of this Agreement;
(o) Not to affix or attach the Goods to any land or building without the prior consent in writing of the Owner and if the Goods are affixed or attached to any land or building (with or without the Owner’s consent) to obtain from the owner and / or the mortgagee of the said land or building a disclaimer of his/her or their interest in the Goods;
(p) Not to present the Hirer or hold the Hirer out as owner of the Goods nor to do or suffer any act matter or thing to be done whereby the Hirer may be reputed to be the owner of the Goods and in particular not to sell assign sub-let pledge mortgage charge incumber or otherwise deal with the Goods or any interest therein nor create nor allow to be created any lien on the Goods whether for repairs or otherwise and in the event of a fire any breach of this sub-clause by the Hirer the Owner shall be entitled (but shall not be bound) to pay to any third party such sum as is necessary to procure the release of the Goods from any charge incumbrance or lien and shall be entitled to recover such sum from the Hirer forthwith with interest thereon as hereinbefore provided in Clause 5(b);
(q) To keep the Goods free from distress execution or other emergency legal process;
(r) Not to assign any of its rights or in respect of any other security or health and safety matters.
10.2 The Hirer shall not hold itself out to be connected to wallacespace, nor, interest under this Agreement without the prior written consent of wallacespace, use the wallacespace name or logos on any promotional or other materials.
10.3 The Hirer will not affix any poster, notice, placard, sign or other item to any part of the Venue or Room nor erect any display or stand unless wallacespaceOwner’s prior written agreement has been obtained.
10.4 The Hirer will be responsible for keeping proper order and for ensuring that all Delegates behave in an appropriate manner. This includes the treatment of wallacespace staff with respectconsent, such consent not causing damage to the Venue or Equipment, not introducing any malicious or technologically harmful material to wallacespace’s tech systems and not using the tech systems for any unlawful purpose. wallacespace reserves the right to exclude any Delegate from the Venue who does not behave in such a manner.
10.5 Externally purchased or produced food and drink may not be brought into the Venue for consumption. In particular, other than that supplied by wallacespace, wines, spirits or other beverages are not permitted to be brought into unreasonably withheld; and
(s) To pay the Venue for consumption unless prior written consent has been given Owner all expenses (including legal costs on a full indemnity basis) incurred by wallacespace or on behalf of the Owner in ascertaining the whereabouts of, taking possession of, preserving, insuring and wallacespace’s “corkage” charges from time to time shall be added to, storing the Goods and payable with, the Price.
10.6 The Hirer shall indemnify wallacespace from and against all claims, demands, actions, costs, expenses, damages, penalties or proceedings arising out of or connected with any loss or theft of or damage to any property of any person at the Venue, damage to the Venue demand and/or any legal proceedings taken by or Facilities, or any death or injury of any person at the Venue as a result of any act or omission on behalf of the Hirer or its officers, employees, agents or Delegates or any other person on Owner to enforce the Venue with the actual or implied authority provisions of any of themthis Agreement.
10.7 The Hirer shall maintain in force, with a reputable insurance company, public liability and any other insurance at an amount not less than £2,000,000 to cover the liabilities that may arise under or in connection with the Agreement and shall produce to wallacespace on request both the insurance certificate giving details of cover and the receipt for the current year's premium in respect of each insurance.
Appears in 1 contract
Samples: Hire Purchase Agreement
HIRER’S OBLIGATIONS. 10.1 5.1 The Hirer must comply with not, and shall procure must take active steps to ensure that none of its officersstaff, agentscontractors or guests, employees and Delegates comply with:
(a) all applicable laws, statutes and regulations from time to time in force in relation to the hire and use do any of the Facilities and attendance at following: damage or attempt to damage any part of the Venue;
(b) Building or its installations, fittings or fixtures; damage, touch, lean against, sit on, move, cover, obscure or endanger any health and safety regulationsartworks, and security and other reasonable requirements that apply to the Venue and/or the Room and have been communicated to the Hirer;
(c) any instructions from any member of wallacespace staff heritage items or displays in the event of a fire or other emergency or in respect of Building; attach any other security or health and safety matters.
10.2 The Hirer shall not hold itself out to be connected to wallacespacesign, nor, without the prior written consent of wallacespace, use the wallacespace name or logos on any promotional or other materials.
10.3 The Hirer will not affix any poster, notice, placard, sign decoration or other item to any part of the Venue Building; interfere with or Room nor erect alter any of the electrical, security, lighting or sound systems in the Building; invite or permit into the Building more than the expected number of guests specified in the Schedule; enter areas of the Building other than the Function Area, except for the areas designated by the Her Majesty’s Theatre as the route for entry to and exit from the Function Area or for use of toilet facilities; cause any nuisance to neighbours or other users of the Building; create excessive noise or vibration in any part of the Building; bring into the Building any flammable materials, or light or maintain a naked flame except in a manner approved in writing by Her Majesty’s Theatre take or consume any food or drink outside the Function Area, except into any areas of the Building specifically designated by Her Majesty’s for that purpose; smoke anywhere inside the Building; use the Function Area or the Building for any purpose except the Function as described in the Schedule; do, say or display anything defamatory, offensive or stand unless wallacespaceof a pornographic nature.
5.2 The Hirer must: ensure that the Event Manager is present and in control of the Function at all times and at least one hour before the Function commences; engage and have at the Function sufficient staff to manage guests and ensure that the Building and all artworks, displays, fittings and fixtures are properly protected.
5.3 The Hirer must comply with all laws, regulations and by-laws and government or regulatory orders applying to the Function and the Function Area. The Hirer must comply with any Occupation Health and Safety laws applying to its workers.
5.4 The Hirer is responsible for any advertising of the Function, but must first obtain Her Majesty’s written approval of the proposed content, format and manner of the advertising.
5.5 The Hirer must: vacate the Function Area by the end of the Function Times; promptly remove any goods or materials brought into the Function Area by or on behalf of the Hirer; and leave the Function Area in a thoroughly clean and tidy condition.
5.6 All sound, electrical and lighting requirements, signs, banners and decorations connected with the Function must be approved by Her Majesty’s before the Function and may be subject of a further charge.
5.7 The Hirer must comply with all directions of Her Majesty’s Theatre management and staff whilst in the Building.
5.8 All deliveries for the Function must be arranged with and approved by Her Majesty’s prior written agreement has been obtainedto delivery.
10.4 The Hirer will be responsible for keeping proper order and for ensuring that all Delegates behave in an appropriate manner. This includes the treatment of wallacespace staff with respect, not causing damage to the Venue or Equipment, not introducing any malicious or technologically harmful material to wallacespace5.9 Her Majesty’s tech systems and not using the tech systems for any unlawful purpose. wallacespace reserves the right to exclude refuse entry to the Building to any Delegate from of the Venue who does not behave in such a mannerHirer’s guests.
10.5 Externally purchased 5.10 The Hirer may only permit its contractors (such as operators of electrical, lighting or produced food sound systems and drink may not be brought into the Venue for consumption. In particular, other than that supplied by wallacespace, wines, spirits any providers of music or other beverages are not permitted entertainment) to be brought into the Venue for consumption unless prior written consent has been given by wallacespace and wallacespace’s “corkage” charges from time to time shall be added to, and payable with, the Price.
10.6 The Hirer shall indemnify wallacespace from and against all claims, demands, actions, costs, expenses, damages, penalties or proceedings arising out of or connected with any loss or theft of or damage to any property of any person provide services at the Venue, damage to the Venue or Facilities, or any death or injury of any person at the Venue as a result of any act or omission of the Hirer or its officers, employees, agents or Delegates or any other person on the Venue with the actual or implied authority of any of themFunction if they have first been approved in writing by Her Majesty’s.
10.7 The Hirer shall maintain in force, with a reputable insurance company, public liability and any other insurance at an amount not less than £2,000,000 to cover the liabilities that may arise under or in connection with the Agreement and shall produce to wallacespace on request both the insurance certificate giving details of cover and the receipt for the current year's premium in respect of each insurance.
Appears in 1 contract
Samples: Venue Hire Agreement
HIRER’S OBLIGATIONS. 10.1 The Hirer must comply with and shall procure that shall, at its officers, agents, employees and Delegates comply withown expense:
(a) Service, clean, test, tag and in all applicable laws, statutes other respects maintain the Goods in good and regulations from time to time reasonable condition (fair wear and tear excepted) and return the Goods clean and in force in relation good order and repair to the hire Company’s depot on termination of this Agreement (for whatever reason). If the Goods are not returned in the condition described, the Hirer shall pay the Company reasonable costs of rectification.
b) Ensure access by the Company to the Goods at all times and use for any reason at the Company’s discretion. If the Goods are kept on premises not under the control of the Facilities Hirer then the Hirer must obtain permission from the controller of the premises so as to abide by this term.
c) Ensure that all sites onto which Goods are to be placed or installed:
i) are free from all obstructions for both delivery and attendance at the Venuepickup;
(bii) any health are prepared, level, compacted and safety regulations, and security and other reasonable requirements that apply accessible;
iii) are clearly pegged or marked as to the Venue and/or proposed position of the Room Goods;
iv) have all necessary services available for connection (Including power service from main board to load centre within the Goods; water supply service from main supply to connection point on the Goods; sewer and have been communicated waste service from mains or septic system to under floor outlets).
d) Provide any approved steps, ramps and landings with handrails as required for proper access to the Hirer;Goods on site.
(ce) Obtain all necessary local government / statutory body approvals and ensure that all relevant fees are paid including for any instructions from any member of wallacespace staff in the event of a fire permits, engineering services, drawings or other emergency or in respect of any other security or health and safety matters.
10.2 documents. The Hirer shall not hold itself out to be connected to wallacespace, nor, without also:
f) Be responsible for the prior written consent cost of wallacespace, use the wallacespace name or logos on any promotional or other materials.
10.3 The Hirer will not affix any poster, notice, placard, sign or other item to any part transport of the Venue Goods to and from the Company’s depot;
g) Not perform or Room nor erect allow other parties to perform any display or stand unless wallacespace’s prior written agreement has been obtained.
10.4 The Hirer alterations (including the affixing of any signs) to the Goods. If agreed to by the Company all alterations will be responsible for keeping proper order and for ensuring that undertaken by the Company;
h) Pay all Delegates behave in an appropriate manner. This includes the treatment of wallacespace staff with respect, not causing damage amounts payable to the Venue Company at or Equipment, not introducing any malicious or technologically harmful material to wallacespace’s tech systems and not using before the tech systems for any unlawful purpose. wallacespace reserves the right to exclude any Delegate from the Venue who does not behave in such a manner.due date;
10.5 Externally purchased or produced food and drink may not be brought into the Venue for consumption. In particular, other than that supplied by wallacespace, wines, spirits or other beverages are not permitted to be brought into the Venue for consumption unless prior written consent has been given by wallacespace and wallacespace’s “corkage” charges from time to time shall be added to, and payable with, the Price.
10.6 The Hirer shall indemnify wallacespace from and against all claims, demands, actions, costs, expenses, damages, penalties or proceedings arising out of or connected with any loss or theft of or damage to any property of any person at the Venue, damage i) Pay to the Venue or Facilities, or any death or injury of any person at the Venue as a result of any act or omission of the Hirer or its officers, employees, agents or Delegates or any other person Company on the Venue with the actual or implied authority of any of them.
10.7 The Hirer shall maintain in force, with a reputable insurance company, public liability and any other insurance at an amount not less than £2,000,000 to cover the liabilities that may arise under or demand for additional charges in connection with failure by the Agreement and shall produce Hirer to wallacespace fulfil its obligations as outlined above including but not limited to charges incurred for delays in unloading and/or installation of Goods on request both the insurance certificate giving details of cover and the receipt for the current year's premium in respect of each insurancesite or collection from site.
Appears in 1 contract
Samples: General Terms of Hire
HIRER’S OBLIGATIONS. 10.1 2.1 The Hirer shall be responsible for ensuring Xxxxxx Xxxxx College is fully aware of the nature and details of the Hirer’s proposed use and purpose for hiring the Venue and shall not use the Venue for any purpose or activity other than the purpose or activity made known to Xxxxxx Xxxxx College at the time of submitting the Conference or Event Booking Form.
2.2 The times and dates stated in the Hire Period on the Conference or Event Booking Form must be strictly adhered to.
2.3 If the Venue is used for any other purpose other than that stated in the Conference or Event Booking Form, Xxxxxx Xxxxx College reserves the right to terminate the Agreement with immediate effect, without liability to the Hirer and without prejudice to Xxxxxx Xxxxx College’s other rights contained in these Terms and Conditions of Hire.
2.4 In any event the Hirer shall not use the Venue or any part of it for any activities which are dangerous, offensive, noxious, illegal or immoral or which may become a nuisance to Xxxxxx Xxxxx College or the owners or occupiers of any neighbouring property.
2.5 The Hirer shall be required to keep all guests or visitors to the Event under a reasonable level of control. This obligation shall extend to noise levels and general behavior of its guests and or visitors.
2.6 The Hirer, its servants, agents and visitors are not permitted access to any residential areas (student accommodation) at any time during the Event (including during set up and dismantling of the Event, where this applies to the Event).
2.7 The Hirer must comply with all requests and shall procure that its officers, agents, employees and Delegates comply with:
(a) all applicable laws, statutes and regulations from time to time in force in relation to the hire and use of the Facilities and attendance at the Venue;
(b) any health and safety regulations, and security and other reasonable requirements that apply to the Venue and/or the Room and have been communicated to the Hirer;
(c) any instructions from any member of wallacespace staff in the event of a fire or other emergency or in respect of any other security or health and safety mattersissued by Xxxxxx Xxxxx College.
10.2 2.8 The Hirer shall not hold itself out make any alterations, attachments or additions (“Alterations”) to be connected to wallacespace, nor, without the prior written consent of wallacespace, use the wallacespace name layout or logos on any promotional or other materials.
10.3 The Hirer will not affix any poster, notice, placard, sign or other item to any part appearance of the Venue or Room nor erect any display or stand unless wallacespacemove/remove Xxxxxx Xxxxx College’s property without the prior written agreement has been obtainedconsent of Xxxxxx Xxxxx College.
10.4 The Hirer will be responsible for keeping proper order and for ensuring that all Delegates behave in an appropriate manner. This includes the treatment of wallacespace staff with respect, not causing damage to the Venue or Equipment, not introducing any malicious or technologically harmful material to wallacespace’s tech systems and not using the tech systems for any unlawful purpose. wallacespace reserves the right to exclude any Delegate from the Venue who does not behave in such a manner.
10.5 Externally purchased or produced food and drink may not be brought into the Venue for consumption. In particular, other than that supplied by wallacespace, wines, spirits or other beverages are not permitted to be brought into the Venue for consumption unless prior written consent has been given by wallacespace and wallacespace’s “corkage” charges from time to time shall be added to, and payable with, the Price.
10.6 2.9 The Hirer shall indemnify wallacespace from and against all claims, demands, actions, costs, expenses, damages, penalties not permit the filming or proceedings arising out recording of or connected with any loss or theft of or damage to any property of any person at the Venue, damage to the Venue or Facilities, Event or any death actions throughout the Hire Period for subsequent public performance or injury transmission without the written consent of any person at Xxxxxx Xxxxx College.
2.10 Any equipment made available by the Venue as a result of any act or omission of the Hirer or its officers, employees, agents or Delegates or any other person College is only provided on the Venue with understanding that it is used in a safe and proper manner. Any malfunction or breakage should be reported to Reception or the actual conference organiser immediately. No person under 18 shall be allowed to use sound or implied authority of any of themlighting equipment.
10.7 2.11 The Hirer shall maintain in forcereport any loss, with a reputable insurance companytheft, public liability damages or breakages to the Xxxxxx Xxxxx College Accommodation team and or Reception immediately upon discovery. The Hirer must make good any damage suffered during the Hire Period (fair wear and tear excepted).
2.12 At the end of the Hire Period the Hirer must remove all the Hirer’s equipment, furniture, personal possessions and anything brought and placed therein by the Hirer and/or its guests. If the Hirer fails to do this Xxxxxx Xxxxx College shall be entitled to remove the same and shall be at liberty to make an additional charge to the Hirer for so doing.
2.13 For security and safety reasons, those hiring facilities must not enter any other insurance at an amount not less buildings or go to any parts of the campus other than £2,000,000 the area specifically hired without the permission of College staff.
2.14 Only non-permanent ink is to cover the liabilities that may arise under be used on whiteboards.
2.15 No pins, Blu-Tack, Sellotape or in connection with the Agreement and shall produce adhesive substances to wallacespace be used on request both the insurance certificate giving details of cover and the receipt for the current year's premium in respect of each insurancewalls.
2.16 No paper party poppers or paper streamers are to be used.
2.17 No dry ice to be used.
Appears in 1 contract
HIRER’S OBLIGATIONS. 10.1 The Hirer must comply agrees with and shall procure that its officers, agents, employees and Delegates comply withthe Owner as follows:
(a) all applicable laws, statutes and regulations from time to time in force in relation to the hire and use To obtain delivery of the Facilities and attendance Goods at the Venueits sole expense;
(b) To keep and maintain the Goods in good and serviceable condition and repair and to replace all missing unfit or damaged parts thereof by parts of the same make and equal value and to be solely responsible for any health loss or destruction of or any damage to the goods or any part thereof occasioned in any manner or by whomsoever or by any cause whatsoever, including fair wear and safety regulationstear and lawful forfeiture, and security and other reasonable requirements that apply to indemnify the Owner against any such loss or damage to the Venue and/or the Room Goods (ordinary fair wear and have been communicated to the Hirertear excluded). The Hirer shall ensure that all repairs are performed by suitably qualified personnel;
(c) To give immediate notice in writing to the Owner of any instructions loss damage or destruction of the Goods or any part thereof;
(d) Immediately after the signing of this Agreement to insure and to keep insured at the Hirer’s expense at all times the Goods in the joint names of the Owner as owner and the Hirer as hirer thereof during the continuance of the hiring against loss or damage by accident, fire, burglary, strikes, riots, civil commotion and theft and such other risks as the Owner may from time to time consider fit to the full insurable value thereof with a reputable insurance company under a policy of insurance containing such terms, conditions and exceptions as the Owner would require if the Owner arranged the insurance and stating that all payment under the policy is to be made to the Owner. The Hirer hereby irrevocably and unconditionally authorises the Owner to receive all monies payable under the said policy and to give a valid discharge thereof and hereby appoints the Owner as the Hirer’s attorney to recover and/or compromise in the respective names of the Owner and the Hirer any member claim thereunder for loss or damage to the Goods and to give effectual releases and receipts for the same;
(e) To pay all insurance premiums including renewal premiums payable for effecting and keeping on foot such insurance as aforesaid and to deposit the policy(ies) thereof and the receipts for all premiums with the Owner on demand and not to do or suffer to be done any act or thing which may invalidate any such insurance and to keep the Owner fully indemnification at all times against all loss or damage to the Goods from whatever cause arising and all claims arising out of wallacespace staff any accident caused by the Goods or the use thereof. If the Hirer fails to effect or keep on foot the insurance as required under the preceding provisions the Owner may (without prejudice to its other rights under this Agreement but without being under any obligation so to do) effect and / or keep on foot any such insurance as aforesaid and all costs and expenses incurred in so doing shall be repaid to the Owner by the Hirer on demand together with interest thereon as provided in Clause 6(b) hereof. If the Owner agrees to any modification or restriction in the policy of any such insurance (whether effected by the Hirer or the Owner) the Hirer will fully indemnify the Owner against any loss occasioned thereby;
(f) To permit the Owner its servants or agents at any time to inspect or test the Goods and to give them reasonable and proper facilities to enable them to do so;
(g) To punctually pay all licence fees registration charges duties taxes and all other outgoing in respect of the Goods or the use thereof and if any such payments shall have been made by the Owner (which the Owner may at its discretion but without any obligation do) to repay the same to the Owner on demand with interest thereon as hereinbefore provided in Clause 6(b) hereof;
(h) Not to use the Goods or permit or suffer the same to be used contrary to any written law and any rules regulations or orders made thereunder or for any unlawful purpose; DBS BANK LTD Co.Reg.No.196800306E Pg 2 of 8 Sep 2016
(i) To obtain all necessary licences permits and permissions for the use of the Goods and not to allow any but skilled and qualified persons to operate or use the Goods;
(j) If the Goods are a vehicle to notify the Owner immediately if the Hirer or any person authorised by him to drive the vehicle should be or become subject to a disqualification from holding or obtaining a driving licence under the Road Traffic Act (Chapter 276) or any other relevant statutory provision;
(k) To notify the Owner immediately if the Goods are used by the Hirer or any other person in contravention of any statute or regulation for the time being in force or in connection with any offence or breach of a statute or regulation by reason of which the Goods may become liable to seizure, confiscation, forfeiture or destruction or whereby the Owner may become liable to any penalty or loss;
(l) To keep the Goods at all times in the possession and control of the Hirer and not to remove the same from the place where they shall be garaged or housed (as the case may be) as specified in the Schedule hereto without the prior consent in writing of the Owner and if the Goods should consist of a motor vehicle not to take or send or permit the said vehicle to be taken or sent out of West Malaysia and Singapore and not to transfer the registration of the vehicle from the Land Transport Authority in Singapore to another registry;
(m) To notify the Owner in writing of any change of the address or place where the Goods are garaged or housed (as the case may be) immediately such change takes place and to duly and punctually pay the rent rates taxes and other outgoing in respect of the premises where the Goods are kept and to produce on demand to the Owner the receipts for the current payments thereof. If the Hirer fails to make such payments the Owner may (but is not obliged to) pay the same and all such payments including costs and expenses incurred in so doing shall be repaid to the Owner by the Hirer on demand together with interest thereon as hereinbefore provided in Clause 6(b) hereof;
(n) Not to make any alterations additions or improvements to the Goods without the prior consent in writing of the Owner. All additions replacements or attachments made to the Goods with or without the Owner’s consent and of whatever kind or nature shall be deemed to be parts of the Goods and shall be free and clear of all charges, liens and encumbrances and shall have a value, quality and utility at least equal to those parts or accessories replaced, renewed or repaired (where applicable) and all additions replacements or attachments shall be the property of the Owner and subject to all the terms and conditions of this Agreement;
(o) Not to affix or attach the Goods to any land or building without the prior consent in writing of the Owner and if the Goods are affixed or attached to any land or building (with or without the Owner’s consent) to obtain from the owner and / or the mortgagee of the said land or building a disclaimer of his/her or their interest in the Goods;
(p) Not to present the Hirer or hold the Hirer out as owner of the Goods nor to do or suffer any act matter or thing to be done whereby the Hirer may be reputed to be the owner of the Goods and in particular not to sell assign sub-let pledge mortgage charge incumber or otherwise deal with the Goods or any interest therein nor create nor allow to be created any lien on the Goods whether for repairs or otherwise and in the event of a fire any breach of this sub-clause by the Hirer the Owner shall be entitled (but shall not be bound) to pay to any third party such sum as is necessary to procure the release of the Goods from any charge incumbrance or lien and shall be entitled to recover such sum from the Hirer forthwith with interest thereon as hereinbefore provided in Clause 6(b);
(q) To keep the Goods free from distress execution or other emergency legal process;
(r) Not to assign any of its rights or in respect of any other security or health and safety matters.
10.2 The Hirer shall not hold itself out to be connected to wallacespace, nor, interest under this Agreement without the prior written consent of wallacespace, use the wallacespace name or logos on any promotional or other materials.
10.3 The Hirer will not affix any poster, notice, placard, sign or other item to any part of the Venue or Room nor erect any display or stand unless wallacespaceOwner’s prior written agreement has been obtained.consent, such consent not to be unreasonably withheld;
10.4 The Hirer will be responsible for keeping proper order (s) To comply with all laws and for ensuring that all Delegates behave regulations regulating or applicable in an appropriate manner. This includes the treatment of wallacespace staff with respect, not causing damage relation to the Venue Goods or Equipment, not introducing any malicious their use or technologically harmful material to wallacespace’s tech systems and not using the tech systems for any unlawful purpose. wallacespace reserves the right to exclude any Delegate from the Venue who does not behave in such a manner.this Agreement; and
10.5 Externally purchased (t) To assume all risks of total or produced food and drink may not be brought into the Venue for consumption. In particular, other than that supplied by wallacespace, wines, spirits or other beverages are not permitted to be brought into the Venue for consumption unless prior written consent has been given by wallacespace and wallacespace’s “corkage” charges from time to time shall be added to, and payable with, the Price.
10.6 The Hirer shall indemnify wallacespace from and against all claims, demands, actions, costs, expenses, damages, penalties or proceedings arising out of or connected with any partial loss or theft damage and all liabilities in relation to the Goods or their operation or use and to pay the Owner all expenses (including legal costs on a full indemnity basis) incurred by or on behalf of or damage to any property the Owner in ascertaining the whereabouts of, taking possession of, preserving, insuring and storing the Goods and of any person at the Venue, damage to the Venue demand and/or any legal proceedings taken by or Facilities, or any death or injury of any person at the Venue as a result of any act or omission on behalf of the Hirer or its officers, employees, agents or Delegates or any other person on Owner to enforce the Venue with the actual or implied authority provisions of any of themthis Agreement.
10.7 The Hirer shall maintain in force, with a reputable insurance company, public liability and any other insurance at an amount not less than £2,000,000 to cover the liabilities that may arise under or in connection with the Agreement and shall produce to wallacespace on request both the insurance certificate giving details of cover and the receipt for the current year's premium in respect of each insurance.
Appears in 1 contract
Samples: Hire Purchase Agreement
HIRER’S OBLIGATIONS. 10.1 The During the continuance of this Agreement, the Hirer must comply with shall in addition and shall procure that without prejudice to its officers, agents, employees obligations under the Terms and Delegates comply withConditions:
(a1) punctually pay all applicable lawsHire Rents and all other sums due under this Agreement (time being of the essence) notwithstanding that no demand thereof shall have been made by the Owner;
(2) pay all Overdue Interest due under this Agreement with or without demand by the Owner;
(3) pay all Default Interest due under this Agreement with or without demand by the Owner;
(4) keep the Goods in good and serviceable repair and condition and replace all missing damaged or broken parts with parts of equal quality and value and in default of so doing permit the Owner to take possession of the Goods for the purpose of having repairs carried out and repay to the Owner the full cost of such repairs. The Owner shall have a lien on the Goods until such repayment but exercise of such lien shall not prevent the accrual of Hire Rent hereunder;
(5) punctually pay all registration charges (including any further charge required after signature hereof in respect of fees included in the calculation in Part II Schedule 3) licence fees, statutes rents, rates, taxes, fines and regulations penalties (imposed by the Government or otherwise) and other outgoings payable in respect of the Goods or the use thereof or in respect of any premises in which the Goods may from time to time in force in relation be placed or kept and produce to the hire Owner on demand the last receipts for all such payment, and use in the event of the Facilities Hirer making default in payment under this sub-clause the Owner shall be at liberty to make all or any such payments and attendance at to recover the Venueamount thereof from the Hirer forthwith together with Overdue Interest and/or Default Interest from the date of demand therefor;
(b6) permit the Owner, its servants or agents and any health person authorised by the Owner at all reasonable times to enter upon the premises in which the Goods are for the time being placed or kept for the purpose of inspecting and safety regulationsexamining the condition of the Goods;
(7) keep the Goods at all times in the Hirer’s actual possession and control and properly housed, sheltered and protected wherever they may be, and security not remove the same from Hong Kong without the prior approval given by the Owner in writing, and other reasonable requirements that apply undertakes to maintain the Goods at such location as appear in the record of the Owner or otherwise the Owner may direct from time to time and shall not move the Goods to a different location without prior written consent of the Owner;
(8) on demand by the Owner provide it with such particulars material to the Venue and/or Hirer’s financial status and to the Room situation, state and have been communicated condition of the Goods as the Owner may reasonably require;
(9) notify the Owner as soon as possible of any difficulty in repaying the loan (or any part thereof) or in meeting any payment to the Owner arising from the loan or otherwise pursuant to this Agreement;
(10) notify the Owner forthwith of any change in the Hirer’s address and upon request by the Owner promptly inform the Owner of the whereabouts of the Goods;
(11) in the case of the Hirer being a sole proprietor, a partnership or a corporation, obtain the Owner’s written consent prior to any changes of ownership of the Hirer;
(c12) any instructions from any member of wallacespace staff indemnify the Owner and keep the Owner effectually indemnified, if necessary by payment in the event of a fire or other emergency or in respect of any other security or health and safety matters.
10.2 The Hirer shall not hold itself out to be connected to wallacespacecash on demand, nor, without the prior written consent of wallacespace, use the wallacespace name or logos on any promotional or other materials.
10.3 The Hirer will not affix any poster, notice, placard, sign or other item to any part of the Venue or Room nor erect any display or stand unless wallacespace’s prior written agreement has been obtained.
10.4 The Hirer will be responsible for keeping proper order and for ensuring that all Delegates behave in an appropriate manner. This includes the treatment of wallacespace staff with respect, not causing damage to the Venue or Equipment, not introducing any malicious or technologically harmful material to wallacespace’s tech systems and not using the tech systems for any unlawful purpose. wallacespace reserves the right to exclude any Delegate from the Venue who does not behave in such a manner.
10.5 Externally purchased or produced food and drink may not be brought into the Venue for consumption. In particular, other than that supplied by wallacespace, wines, spirits or other beverages are not permitted to be brought into the Venue for consumption unless prior written consent has been given by wallacespace and wallacespace’s “corkage” charges from time to time shall be added to, and payable with, the Price.
10.6 The Hirer shall indemnify wallacespace from and against all claimslosses, demands, actionsdamages, costs, expensescharges, damagesexpenses and liabilities which may be suffered sustained or incurred by the Owner and all actions, penalties suits, proceedings, claims or proceedings arising out of or connected with any loss or theft of or damage to any property demands of any person at nature whatsoever which may be taken, made or threatened against the Venue, damage to Owner or which may arise directly or indirectly by reason of the Venue Owner entering in this Agreement or Facilitiesbecoming the Owner of the Goods or by reason of the operation of this Agreement or the enforcement by the Owner of any of its rights and remedies herein or by reason of the termination or early termination of this Agreement or by reason of the transport of the Goods from or to, or their installation or presence in or upon, any death place, or injury of any person at the Venue as a result of their use or misuse, whether or not due to any act or omission of the Hirer save insofar as the same may occur as a result of the negligence or its officers, employees, agents willful default of the Owner;
(13) punctually pay for all work done to the Goods and for spare parts and accessories thereto and keep the Goods free from any distress execution or Delegates other legal process and pay all fines and penalties imposed at any time with respect to the Goods before or any other person on (until the Venue with Hirer redelivers the actual or implied authority Goods to the Owner) after termination of any of them.this Agreement;
10.7 The Hirer shall maintain in force, with a reputable insurance company, public liability and any other insurance at an amount not less than £2,000,000 to cover the liabilities that may arise under or in connection with the Agreement and shall produce to wallacespace on request both the insurance certificate giving details of cover and the receipt for the current year's premium in respect of each insurance.1. 譯義 除文意另有所指外,下列各用語有以下涵義- ‧ “合約”指本租購合約; ‧ “現沽價餘款”指表(三)第二部份內總現沽價減首期付款之金額; ‧ “租購價格餘款”指表(三)第二部份內現沽價餘款加財務費用之總和金額; ‧ “銀行集團”指華僑銀行(香港)有限公司之母公司、其香港附屬公司、聯營公司及此等公司之繼承★及受讓★; ‧ “工作日”指貨主在香港向公眾正常開放營業的日子,但不包括星期六; ‧ “開始日期”指於表(三)第三部份或表(A)內(如適用)列明之日期; ‧ “銷售商”指於表(二)列明之貨品銷售商/供應商; ‧ “違約利息”指租購★於其違約時須就任何逾期租購費用及其他在本合約內需繳付之金額繳付由有關付款日期或到期日至實際付款當天之利息,該利息以表(四)列明之違約利率計算且按日累積(不論法庭命令發出前或發出後); ‧ “首期付款”指於表(三)第二部份列明租購★已繳付之首期付款或換車/機價; ‧ “財務費用”指租購★在租購時期內需繳付之利息總額,以固定利率計算,已於表(三)第二部份或表(A)內(如適用)列明;
Appears in 1 contract
Samples: Hire Purchase Agreement
HIRER’S OBLIGATIONS. 10.1 (a) The Hirer must comply with and shall procure that its officers, agents, employees and Delegates comply withmust:
(ai) pay all applicable laws, statutes Hire Charges together with any other charges or amounts that may become due and regulations from time to time in force in relation to payableto the hire and use Owner under the terms of the Facilities and attendance at the Venuethis agreement;
(bii) upon delivery or collection of the Equipment immediately examine the Equipment to satisfy itself as to its condition and suitability and fitness for the purpose to which it requires the Equipment. In accepting the Equipment the Hirer acknowledges that it has not in any way relied upon the skill or judgement or any representations made by or on behalf of the Owner in respect of the Equipment, its purpose, use or performance;
(iii) use the Equipment in a skilful, proper, safe and prudent manner and only for the purpose and within the capacity for which it was designed;
(iv) notify the Owner of any breakdown, stand down and Off Hire;
(v) perform service and maintenance routines for the Equipment as per the manufacturer’s operationand maintenance manual, and perform all Minor Repairs of the Equipment;
(vi) ensure that the Equipment is operated by a suitably qualified, trained, experienced and (if necessary) certified operator. If the Owner supplies an operator to operate the Equipment the operator shall be under the sole direction and control of the Hirer and for the purpose of this agreement shall be deemed to be the employee of the Hirer. The Hirer shall be responsible for any claims whatsoever arising in connection with the operation of the Equipment by such an operator orany third party and, if an operator is provided by the Owner, the Hirer shall not allow any other person to operate the Equipment without the Owner's prior written consent;
(vii) at its own expense clean, fuel, lubricate and keep and maintain Equipment in good condition and repair failing which the Hirer will reimburse the Owner for any costs, claims, loss, damages or expenses (including legal expenses on a solicitor client basis) incurred by the Owner;
(viii) repair or replace at its own cost any flat and/or damaged tyres;
(ix) clean the Equipment thoroughly on the expiry of the Hire Period. If the Hirer fails to clean the Equipment properly in the Owner's opinion then the Owner may undertake the cleaning and the Hirer shall be liable for a cleaning charge;
(x) ensure that the Equipment is stored safely, securely and protected from theft;
(xi) not alter, make additions to, deface or erase any identifying xxxx, plate, trademark writing or numberon or in the Equipment or interfere with or modify the Equipment in any other manner;
(xii) be liable for the cost of freight to retrieve Equipment that has been abandoned for any reason;
(xiii) comply at its own expense with all local authority, state and federal laws, ordinances and regulations including in particular any occupational health and safety regulations, and security and other reasonable requirements that apply to laws which may affect the Venue and/or Equipment while it is in the Room and have been communicated to possession of or being used by the Hirer;
(cxiv) comply with the Chain of Responsibility Legislation, and ensure that any instructions from activity relating to the Equipment (including scheduling, load restraint, and transport movement) is undertaken in compliance with the Hirer’s Chain of Responsibility Legislation and ensure that any member subcontractor ofthe Hirer (where the Hirer subcontracts any movement of wallacespace staff in transport under this agreement) are contractually bound to comply with their obligations under the event Chain of a fire or other emergency or in respect of any other security or health and safety matters.Responsibility legislation;
10.2 The Hirer shall (xv) not hold itself out to be connected to wallacespace, nor, without the prior written consent of wallacespacethe Owner keep or store in the Equipment or on or near any of the Equipment any volatile spirits or explosive goods or goods that are or may become dangerous, corrosive, highly combustible, offensive (including radioactive materials) or likely to encourage any vermin or pests. Any such goods stored in or near the Equipment may at any time be destroyed, disposed of, abandoned, or rendered harmless by the Owner without compensation to the Hirer and without effecting the Owner's rights under this agreement. The Hirer authorises the Owner to have unrestricted access to the Equipment for the purpose of exercising the Owner's rights under this clause;
(xvi) supply the operator of the Equipment with all necessary manuals and instructions (both written and oral) necessary for the safe use of the Equipment and the appropriate safety clothing;
(xvii) not use the wallacespace name Equipment offshore, in a mine, in an area where friable asbestos is present, or logos on any promotional or other materials.
10.3 The Hirer will not affix any poster, notice, placard, sign or other item to any part of move the Venue or Room nor erect any display or stand unless wallacespaceEquipment over water without the Owner’s prior written agreement consent, which may be withheld or granted at the Owner’s complete discretion;
(xviii) remove and dispose of any diesel, grease, oil or similar substance from the service module of aservice truck, fuel truck or fuel trailer (and if the Hirer fails to do so, the Owner may remove anddispose of the diesel, grease, oil or similar substance at the cost of the Hirer);
(xix) notify the Owner if they intend to use a hydraulic attachment that has not been obtainedsupplied by the Owner. The Hirer may be charged an hourly rate for attachment usage as determined by the Owner.
10.4 (b) The Owner uses an electronic tracking system on the Equipment. The Equipment usage is monitored daily and a data report is produced for Equipment usage, frequency and mode of attachment usage, breakdowns, general daily activities and negligent behaviour which includes over revving the engine. Should the information provided under clause 6(a)(iv) and clause 6(a)(xix) not match the information provided by the electronic tracking system, the Hirer will be charged additional Hire Charges.
(c) Unless the Owner agrees otherwise, the Hirer is responsible for keeping proper order arranging the transportation of the Equipment to and for ensuring that all Delegates behave in an appropriate manner. This includes the treatment of wallacespace staff with respect, not causing damage to the Venue or Equipment, not introducing any malicious or technologically harmful material to wallacespace’s tech systems and not using the tech systems for any unlawful purpose. wallacespace reserves the right to exclude any Delegate from the Venue who does not behave in such a mannersite or premises at which the Equipment is used by the Hirer and the costs of that transportation (including any waiting fee). The Hirer is responsible for loading and unloading the Equipment onto the means of any transportation. The Owner will determine the site at which the Equipment is mobilised from on the Hire Start Date and demobilised to on the Hire End Date.
10.5 Externally purchased or produced food and drink may not be brought into (d) The Hirer must seek the Venue for consumption. In particular, other than that supplied by wallacespace, wines, spirits or other beverages are not permitted to be brought into the Venue for consumption unless Owner’s prior written consent if the Hirer intends to use the Equipment in or around corrosive substances, including but not limited to salt, acid and fertilizer. If the Owner consents to that usage, the Hirer must wash down the Equipment daily with fresh water. Any damage caused to the Equipment by exposure to corrosive substances is payable by the Hirer.
(e) During the Hire Period the Hirer must ensure that the Equipment is not contaminated with any hazardous substances including asbestos. If the Equipment has been given by wallacespace and wallacespace’s “corkage” charges from time to time shall be added tocontaminated with any hazardous substance the Hirer is responsible for decontaminating the Equipment, which may include replacing filters, washing down the Equipment, and payable with, removing all contaminants before the Price.
10.6 Equipment is returned to the Owner. The Hirer shall indemnify wallacespace from and against all claimsadvise the Owner in writing of details of the decontamination. If in the reasonable opinion of the Owner the Equipment cannot be decontaminated, demands, actions, costs, expenses, damages, penalties or proceedings arising out of or connected with any loss or theft of or damage to any property of any person at the Venue, damage Hirer must pay to the Venue or Facilities, or any death or injury of any person at Owner the Venue as a result of any act or omission replacement cost of the Hirer or its officers, employees, agents or Delegates or any other person on the Venue with the actual or implied authority of any of themEquipment.
10.7 The Hirer shall maintain in force, with a reputable insurance company, public liability and any other insurance at an amount not less than £2,000,000 to cover the liabilities that may arise under or in connection with the Agreement and shall produce to wallacespace on request both the insurance certificate giving details of cover and the receipt for the current year's premium in respect of each insurance.
Appears in 1 contract
Samples: Master Equipment Hire Agreement
HIRER’S OBLIGATIONS. 10.1 The Hirer must comply with and shall procure that its officers, agents, employees and Delegates comply with:
(a) all applicable lawsHirer undertakes to keep the Equipment in good condition and working order and will be responsible for any loss or damage to the Equipment from whatever cause that may arise, statutes notwithstanding that no fault can be imputed to the Hirer, and regulations from time to time Xxxxx will notify Owner immediately of the loss or damage. Xxxxx shall indemnify the Owner Group accordingly against any losses suffered by Owner Group as a result of Xxxxx’s obligations under or breach of the provisions set out in force this clause.
(b) Xxxxx is responsible for maintaining the Equipment in good working order. Costs for any maintenance and assistance in relation to the hire and use of the Facilities and attendance at the Venue;
(b) any health and safety regulations, and security and other reasonable requirements that apply to the Venue and/or the Room and have been communicated to the Hirer;Equipment are for Xxxxx’s account.
(c) Xxxxx will be responsible to Owner for the full replacement cost of Equipment or any instructions from part thereof which may be lost or stolen and for full repair costs including parts, labor and overhead element on items damaged. This condition must be met by Hirer notwithstanding any member insurance claim by Owner or the Hirer which may be pending. Xxxxx shall indemnify the Owner Group accordingly against any losses suffered by Owner Group as a result of wallacespace staff Xxxxx’s obligations under or breach of the provisions set out in the event of a fire or other emergency or in respect of any other security or health and safety mattersthis clause.
10.2 The Hirer shall (d) Xxxxx will not hold itself out to be connected to wallacespace, nor, alter or modify the Equipment without the prior written consent permission of wallacespace, use the wallacespace name Owner and all alterations or logos on any promotional or other materials.
10.3 The Hirer will not affix any poster, notice, placard, sign or other item to any part of the Venue or Room nor erect any display or stand unless wallacespacemodifications are undertaken at Hirer’s prior written agreement has been obtained.
10.4 The cost. Hirer will be responsible for keeping proper order and for ensuring that all Delegates behave in an appropriate mannerreverting the Equipment back to its original condition (if required by Owner at its sole discretion) upon expiry or termination of the Agreement at Hirer’s cost. This includes the treatment of wallacespace staff with respect, not causing damage to the Venue or Equipment, not introducing any malicious or technologically harmful material to wallacespace’s tech systems and not using the tech systems for any unlawful purpose. wallacespace reserves the right to exclude any Delegate from the Venue who does not behave in such a manner.
10.5 Externally purchased or produced food and drink may not be brought into the Venue for consumption. In particular, other than that supplied by wallacespace, wines, spirits or other beverages are not permitted to be brought into the Venue for consumption unless prior written consent has been given by wallacespace and wallacespace’s “corkage” charges from time to time shall be added to, and payable with, the Price.
10.6 The Hirer Xxxxx shall indemnify wallacespace from and the Owner Group accordingly against all claims, demands, actions, costs, expenses, damages, penalties or proceedings arising out of or connected with any loss or theft of or damage to any property of any person at the Venue, damage to the Venue or Facilities, or any death or injury of any person at the Venue losses suffered by Owner as a result of Xxxxx’s obligations under or breach of the provisions set out in this clause.
(e) Hirer shall only use the Equipment for the purpose for which it was made and designed.
(f) Hirer shall only use the Equipment in a safe and correct manner and in accordance with any operating and/or safety instructions provided.
(g) Hirer shall not do or permit to be done any act or omission which may jeopardize the right, title and/or interest of Owner in the Equipment (including, but not limited to, part with the control of the Hirer Equipment, sell or its officersoffer for sale, employees, agents underlet or Delegates lend the Equipment or any other person on allow the Venue with the actual or implied authority creation of any of them.
10.7 The Hirer shall maintain in forcemortgage, with a reputable insurance companycharge, public liability and any lien or other insurance at an amount not less than £2,000,000 to cover the liabilities that may arise under or in connection with the Agreement and shall produce to wallacespace on request both the insurance certificate giving details of cover and the receipt for the current year's premium security interest in respect of each insuranceit).
(h) Xxxxx will be responsible for compliance with all laws and regulations applicable to the Equipment and to the work being performed and will be responsible for obtaining all necessary permission for use of the Equipment and for the carrying out of the Work being performed. Xxxxx shall indemnify the Owner Group accordingly against any losses suffered by Owner Group as a result of Xxxxx’s obligations under or breach of the provisions set out in this clause.
(i) Hirer shall keep Owner informed of all material matters relating to the Equipment and Owner shall be entitled to enter the premises of Hirer to inspect the Equipment at all reasonable times by providing Hirer with a reasonable period of notice.
(j) If applicable, fuel, lubricating oil and spares used during the Rental Period are for Hirer’s account.
(k) Any repairs to the Equipment shall only be carried out after written approval by Owner.
(l) If required, pre-hire surveys of the Equipment will be undertaken by independent inspection authorities at Hirer’s request and cost and Xxxxx must immediately intimate to Owner in writing any faults or defects in the Equipment revealed thereby. If such surveys are not requested by Xxxxx, the Equipment shall be deemed to be in good working order and condition and to the satisfaction of Hirer on Delivery.
Appears in 1 contract
HIRER’S OBLIGATIONS. 10.1 (a) The Hirer must comply with is responsible for any loss or damage to the Equipment from the time the Hirer takes possession of the Equipment until it is returned to Accessman’s possession. The Hirer shall notify Accessman in writing immediately if the Equipment is lost or damaged and shall procure that its officersfollow all reasonable instructions of Accessman.
(b) In the case of damage to the Equipment, agentshowever caused, employees the Hirer shall be responsible for and Delegates comply withshall indemnify Accessman for the full cost of all repairs to restore the Equipment to the condition it was in at the time of hire.
(c) In the case of loss of or irreparable damage to the Equipment, however caused, the Hirer shall be responsible for and shall indemnify Accessman for the full cost to Accessman of replacing the Equipment.
(d) In addition to the costs set out in Clauses (a) to (c) above the Hirer shall be responsible for and shall indemnify Accessman for any loss of revenue suffered by Accessman due to the unavailability of the Equipment for hire due to loss or damage. The costs for loss of revenue shall not exceed the equivalent prevailing rate for 120 days hire of the Equipment.
(e) The Hirer shall:
(ai) Take proper and reasonable care of the Equipment and return it to the place of hire in good order and condition; and
(ii) Satisfy itself that the Equipment is suitable for the intended use; and
(iii) Take all applicable lawsnecessary steps to prevent injury to any person and all property as a result of the condition of the Equipment; and
(iv) Where Accessman is to erect the Equipment, statutes ensure the Site is prepared and that the foundations upon which the Equipment is to be erected are suitable to safely carry the Equipment and the load to be put on it without subsidence. The Hirer indemnifies Accessman against any cost, claim, damage, expense or liability suffered or incurred by Accessman due to the Hirer’s failure to comply with this Clause; and
(v) Display, maintain and draw attention to safety signs and instructions (as required by law) and ensure that instructions are observed; and
(vi) Conduct a site hazard assessment prior to using the Equipment at the Site; and
(vii) Use the Equipment in a skilful and lawful manner with due regard to all laws and regulations pertaining to the use of such Equipment; and
(viii) Immediately notify Accessman by telephone if the Equipment breaks down or becomes unsafe or if any warning light is activated; and
(ix) Except as permitted by the Consumer Guarantees Act 1993 not bring or threaten to bring any claim against Accessman for loss or damage incurred or threatened against the Hirer or arising directly or indirectly from time the Hirer’s use of the Equipment; and
(x) Ensure that the Equipment is stored safely and securely and is protected from theft and is fully covered by the Hirer’s policies of insurance. This Clause applies even if the Equipment has been dismantled and/or de- hired for so long as the Equipment is located at the Site or remains in the Hirer’s possession.
(f) The Hirer warrants that each person who uses the Equipment shall be competent and qualified to time use the Equipment (and where required that person shall hold a current licence or certificate of competency), shall use the Equipment in force the manner it was designed to be used, and follow any directions from Accessman, local authorities, codes of practice (including the Best Practice Guideline for Scaffolding in New Zealand) or instructions from the manufacturer of the Equipment relating to the use and safety of the Equipment and shall comply with all obligations in relation to the hire use and use control of the Facilities Equipment under the Health and attendance Safety at the Venue;Work Act 2015 and all other relevant legislation.
(bg) If the Hirer is not an individual, the person who signs this Agreement on behalf of the Hirer warrants that they have authority to bind the Hirer and will, in any health and safety regulationsevent, and security and other reasonable requirements that apply to be personally liable for the Venue and/or performance of the Room and have been communicated to obligations on the Hirer;. Each person so signing hereby indemnifies Accessman against all losses and costs that may be incurred by Accessman arising out of the person so signing this Agreement failing to have such power or authority.
(ch) any instructions from any member of wallacespace staff in the event of a fire or other emergency or in respect of any other security or health and safety matters.
10.2 The Hirer shall not hold itself out do, permit or suffer to be connected to wallacespace, nor, without done anything in connection with the prior written consent Equipment or its use whereby any policy or policies of wallacespace, insurance effected in connection with the Equipment or its use may become void or voidable or whereby the wallacespace name or logos on any promotional or other materialspremiums thereon may be increased.
10.3 The Hirer will not affix (i) If the Equipment is involved in any poster, notice, placard, sign or other item accident resulting in injury to any part of the Venue or Room nor erect any display or stand unless wallacespace’s prior written agreement has been obtained.
10.4 The Hirer will be responsible for keeping proper order and for ensuring that all Delegates behave in an appropriate manner. This includes the treatment of wallacespace staff with respect, not causing damage to the Venue or Equipment, not introducing any malicious or technologically harmful material to wallacespace’s tech systems and not using the tech systems for any unlawful purpose. wallacespace reserves the right to exclude any Delegate from the Venue who does not behave in such a manner.
10.5 Externally purchased or produced food and drink may not be brought into the Venue for consumption. In particular, other than that supplied by wallacespace, wines, spirits or other beverages are not permitted to be brought into the Venue for consumption unless prior written consent has been given by wallacespace and wallacespace’s “corkage” charges from time to time shall be added to, and payable with, the Price.
10.6 The Hirer shall indemnify wallacespace from and against all claims, demands, actions, costs, expenses, damages, penalties or proceedings arising out of or connected with any loss or theft of person or damage to any property of any person at the Venueproperty, damage to the Venue or Facilities, or any death or injury of any person at the Venue as a result of any act or omission of the Hirer must give immediate notice to Accessman by telephone followed up by letter or its officers, employees, agents or Delegates or any other person on the Venue with the actual or implied authority of any of themfacsimile to Accessman's principal office.
10.7 The Hirer shall maintain in force, with a reputable insurance company, public liability and any other insurance at an amount not less than £2,000,000 to cover the liabilities that may arise under or in connection with the Agreement and shall produce to wallacespace on request both the insurance certificate giving details of cover and the receipt for the current year's premium in respect of each insurance.
Appears in 1 contract
Samples: General Terms and Conditions of Hire
HIRER’S OBLIGATIONS. 10.1 The Hirer must comply agrees with and shall procure that its officers, agents, employees and Delegates comply withthe Owner as follows:
(a) all applicable laws, statutes and regulations from time to time in force in relation to the hire and use To obtain delivery of the Facilities and attendance Goods at the Venueits sole expense;
(b) To keep and maintain the Goods in good and serviceable condition and repair and to replace all missing unfit or damaged parts thereof by parts of the same make and equal value and to be solely responsible for any health loss or destruction of or any damage to the goods or any part thereof occasioned in any manner or by whomsoever or by any cause whatsoever, including fair wear and safety regulationstear and lawful forfeiture, and security and other reasonable requirements that apply to indemnify the Owner against any such loss or damage to the Venue and/or the Room Goods (ordinary fair wear and have been communicated to the Hirertear excluded). The Hirer shall ensure that all repairs are performed by suitably qualified personnel;
(c) To give immediate notice in writing to the Owner of any instructions loss damage or destruction of the Goods or any part thereof;
(d) Immediately after the signing of this Agreement to insure and to keep insured at the Hirer’s expense at all times the Goods in the joint names of the Owner as owner and the Hirer as hirer thereof during the continuance of the hiring against loss or damage by accident, fire, burglary, strikes, riots, civil commotion and theft and such other risks as the Owner may from time to time consider fit to the full insurable value thereof with a reputable insurance company under a policy of insurance containing such terms, conditions and exceptions as the Owner would require if the Owner arranged the insurance and stating that all payment under the policy is to be made to the Owner. The Hirer hereby irrevocably and unconditionally authorises the Owner to receive all monies payable under the said policy and to give a valid discharge thereof and hereby appoints the Owner as the Hirer’s attorney to recover and/or compromise in the respective names of the Owner and the Hirer any member claim thereunder for loss or damage to the Goods and to give effectual releases and receipts for the same;
(e) To pay all insurance premiums including renewal premiums payable for effecting and keeping on foot such insurance as aforesaid and to deposit the policy(ies) thereof and the receipts for all premiums with the Owner on demand and not to do or suffer to be done any act or thing which may invalidate any such insurance and to keep the Owner fully indemnification at all times against all loss or damage to the Goods from whatever cause arising and all claims arising out of wallacespace staff any accident caused by the Goods or the use thereof. If the Hirer fails to effect or keep on foot the insurance as required under the preceding provisions the Owner may (without prejudice to its other rights under this Agreement but without being under any obligation so to do) effect and / or keep on foot any such insurance as aforesaid and all costs and expenses incurred in so doing shall be repaid to the Owner by the Hirer on demand together with interest thereon as provided in Clause 6(b) hereof. If the Owner agrees to any modification or restriction in the policy of any such insurance (whether effected by the Hirer or the Owner) the Hirer will fully indemnify the Owner against any loss occasioned thereby;
(f) To permit the Owner its servants or agents at any time to inspect or test the Goods and to give them reasonable and proper facilities to enable them to do so;
(g) To punctually pay all licence fees registration charges duties taxes and all other outgoing in respect of the Goods or the use thereof and if any such payments shall have been made by the Owner (which the Owner may at its discretion but without any obligation do) to repay the same to the Owner on demand with interest thereon as hereinbefore provided in Clause 6(b) hereof;
(h) Not to use the Goods or permit or suffer the same to be used contrary to any written law and any rules regulations or orders made thereunder or for any unlawful purpose; DBS BANK LTD Co.Reg.No.196800306E Pg 2 of 8 May 2015
(i) To obtain all necessary licences permits and permissions for the use of the Goods and not to allow any but skilled and qualified persons to operate or use the Goods;
(j) If the Goods are a vehicle to notify the Owner immediately if the Hirer or any person authorised by him to drive the vehicle should be or become subject to a disqualification from holding or obtaining a driving licence under the Road Traffic Act (Chapter 276) or any other relevant statutory provision;
(k) To notify the Owner immediately if the Goods are used by the Hirer or any other person in contravention of any statute or regulation for the time being in force or in connection with any offence or breach of a statute or regulation by reason of which the Goods may become liable to seizure, confiscation, forfeiture or destruction or whereby the Owner may become liable to any penalty or loss;
(l) To keep the Goods at all times in the possession and control of the Hirer and not to remove the same from the place where they shall be garaged or housed (as the case may be) as specified in the Schedule hereto without the prior consent in writing of the Owner and if the Goods should consist of a motor vehicle not to take or send or permit the said vehicle to be taken or sent out of West Malaysia and Singapore and not to transfer the registration of the vehicle from the Land Transport Authority in Singapore to another registry;
(m) To notify the Owner in writing of any change of the address or place where the Goods are garaged or housed (as the case may be) immediately such change takes place and to duly and punctually pay the rent rates taxes and other outgoing in respect of the premises where the Goods are kept and to produce on demand to the Owner the receipts for the current payments thereof. If the Hirer fails to make such payments the Owner may (but is not obliged to) pay the same and all such payments including costs and expenses incurred in so doing shall be repaid to the Owner by the Hirer on demand together with interest thereon as hereinbefore provided in Clause 6(b) hereof;
(n) Not to make any alterations additions or improvements to the Goods without the prior consent in writing of the Owner. All additions replacements or attachments made to the Goods with or without the Owner’s consent and of whatever kind or nature shall be deemed to be parts of the Goods and shall be free and clear of all charges, liens and encumbrances and shall have a value, quality and utility at least equal to those parts or accessories replaced, renewed or repaired (where applicable) and all additions replacements or attachments shall be the property of the Owner and subject to all the terms and conditions of this Agreement;
(o) Not to affix or attach the Goods to any land or building without the prior consent in writing of the Owner and if the Goods are affixed or attached to any land or building (with or without the Owner’s consent) to obtain from the owner and / or the mortgagee of the said land or building a disclaimer of his/her or their interest in the Goods;
(p) Not to present the Hirer or hold the Hirer out as owner of the Goods nor to do or suffer any act matter or thing to be done whereby the Hirer may be reputed to be the owner of the Goods and in particular not to sell assign sub-let pledge mortgage charge incumber or otherwise deal with the Goods or any interest therein nor create nor allow to be created any lien on the Goods whether for repairs or otherwise and in the event of a fire any breach of this sub-clause by the Hirer the Owner shall be entitled (but shall not be bound) to pay to any third party such sum as is necessary to procure the release of the Goods from any charge incumbrance or lien and shall be entitled to recover such sum from the Hirer forthwith with interest thereon as hereinbefore provided in Clause 6(b);
(q) To keep the Goods free from distress execution or other emergency legal process;
(r) Not to assign any of its rights or in respect of any other security or health and safety matters.
10.2 The Hirer shall not hold itself out to be connected to wallacespace, nor, interest under this Agreement without the prior written consent of wallacespace, use the wallacespace name or logos on any promotional or other materials.
10.3 The Hirer will not affix any poster, notice, placard, sign or other item to any part of the Venue or Room nor erect any display or stand unless wallacespaceOwner’s prior written agreement has been obtained.consent, such consent not to be unreasonably withheld;
10.4 The Hirer will be responsible for keeping proper order (s) To comply with all laws and for ensuring that all Delegates behave regulations regulating or applicable in an appropriate manner. This includes the treatment of wallacespace staff with respect, not causing damage relation to the Venue Goods or Equipment, not introducing any malicious their use or technologically harmful material to wallacespace’s tech systems and not using the tech systems for any unlawful purpose. wallacespace reserves the right to exclude any Delegate from the Venue who does not behave in such a manner.this Agreement; and
10.5 Externally purchased (t) To assume all risks of total or produced food and drink may not be brought into the Venue for consumption. In particular, other than that supplied by wallacespace, wines, spirits or other beverages are not permitted to be brought into the Venue for consumption unless prior written consent has been given by wallacespace and wallacespace’s “corkage” charges from time to time shall be added to, and payable with, the Price.
10.6 The Hirer shall indemnify wallacespace from and against all claims, demands, actions, costs, expenses, damages, penalties or proceedings arising out of or connected with any partial loss or theft damage and all liabilities in relation to the Goods or their operation or use and to pay the Owner all expenses (including legal costs on a full indemnity basis) incurred by or on behalf of or damage to any property the Owner in ascertaining the whereabouts of, taking possession of, preserving, insuring and storing the Goods and of any person at the Venue, damage to the Venue demand and/or any legal proceedings taken by or Facilities, or any death or injury of any person at the Venue as a result of any act or omission on behalf of the Hirer or its officers, employees, agents or Delegates or any other person on Owner to enforce the Venue with the actual or implied authority provisions of any of themthis Agreement.
10.7 The Hirer shall maintain in force, with a reputable insurance company, public liability and any other insurance at an amount not less than £2,000,000 to cover the liabilities that may arise under or in connection with the Agreement and shall produce to wallacespace on request both the insurance certificate giving details of cover and the receipt for the current year's premium in respect of each insurance.
Appears in 1 contract
Samples: Hire Purchase Agreement
HIRER’S OBLIGATIONS. 10.1 7.1 The Hirer must comply with and shall procure that its officers, agents, employees and Delegates comply withmust:
(a) obtain all applicable laws, statutes and regulations necessary consent from time to time all persons interested in force in relation to the hire and use copyright or performing rights of any matter used by the Facilities and attendance at the VenueHirer;
(b) any health and safety regulations, and security and other reasonable requirements that apply to pay such further charges as determined by the Venue and/or Manager on demand if the Room and have been communicated to Facilities are used by the HirerHirer outside the Hiring Period;
(c) any instructions from any member promptly comply with all requirements and directions of wallacespace staff the Manager in relation to the use of the Facilities;
(d) supervise and control all persons using the Facilities during the Hiring Period to the satisfaction of the Manager;
(e) have in place during the Hiring Period safety standards which comply with all relevant laws;
(f) leave the Facilities in the event condition in which they were found;
(g) ensure all participants under the supervision of the hirer, are in a fire fit and healthy state to undertake the activities associated with the hiring of the facility;
(h) permit the Manager or other emergency any person authorised by him or in respect her to enter the Facilities at any time without charge; and
(i) unless otherwise requested on the Application for Hire Form, provide a suitably qualified person(s) to administer first aid, during the Hiring Period; and
(j) advise the Manager of any other security or health and safety mattersmedical condition a participant may have prior to the commencement of the Hiring Period.
10.2 7.2 The Hirer shall must not hold itself out to be connected to wallacespace, nor, without the prior written consent of wallacespace, the Manager:
(a) use the wallacespace name Facilities for any purpose other than that set out in the Application Form;
(b) allow any person not subject to the direction and control of the Hirer to use the Facilities;
(c) hawk, sell, dispose of or logos on supply anything whatsoever in the Facilities without written consent from the Manager;
(d) bring, or permit to be brought, into the Facilities any promotional animal;
(e) bring, or other materials.permit to be brought, into the Facilities, any alcoholic beverages or glass;
10.3 The Hirer will not affix any poster(f) sub-hire, notice, placard, sign licence or other item assign their rights and obligations pursuant to this Hire Agreement;
(g) use any part of the Venue Facilities other than the Facilities specified in the Application for Hire form;
(h) alter, move or Room nor remove any fixture, fitting or furnishing of the Facilities;
(i) erect any display signs, notices or stand unless wallacespace’s prior advertisements on the interior or exterior of the Facilities without written agreement has been obtained.consent from the Manager;
10.4 The Hirer will be responsible (j) take any collection of monies in the Facilities on the day of hire without informing the manager of the facilities the amount paid by each person and the services provided for keeping proper order and for ensuring that all Delegates behave this fee;
(k) erect any marquee, hut, stall or similar structure in an appropriate manner. This includes the treatment of wallacespace staff with respect, not causing damage or adjacent to the Venue or Equipment, not introducing any malicious or technologically harmful material to wallacespace’s tech systems and not using the tech systems for any unlawful purpose. wallacespace reserves the right to exclude any Delegate Facilities without written consent from the Venue who does not behave in such a manner.Manager;
10.5 Externally purchased (l) sell, offer, or produced food and drink may not expose for sale or permit to be brought into the Venue for consumption. In particularsold, other than that supplied by wallacespace, wines, spirits any refreshments or other beverages are not permitted goods without written consent from the Manager;
(m) bring or permit to be brought into the Venue for consumption unless prior written consent has been given by wallacespace and wallacespace’s “corkage” charges from time to time shall be added toFacilities, and payable with, the Priceany dangerous goods including any heavy equipment or inflammable substances.
10.6 7.3 The Hirer shall indemnify wallacespace from and against all claims, demands, actions, costs, expenses, damages, penalties or proceedings arising out of or connected with any loss or theft of or damage to any property of any person at the Venue, damage will only be entitled to the Venue or facilities that have been hired.
7.4 The Hirer must not permit any illegal activities in the Facilities, or any death or injury including the conduct of any person at unauthorised lotteries and gambling.
7.5 The Hirer acknowledges that the Venue as a result of any act or omission hiring of the Hirer or its officers, employees, agents or Delegates or any other person on the Venue with the actual or implied authority of any of them.
10.7 The Hirer shall maintain in force, with a reputable insurance company, public liability and any other insurance at an amount not less than £2,000,000 to cover the liabilities that may arise under or in connection with the Agreement and shall produce to wallacespace on request both the insurance certificate giving details of cover and the receipt for the current year's premium Facilities is in respect of each insurancethe Facilities only and does not include the services of the Facilities staff, unless otherwise specified in the Application for Hire Form.
Appears in 1 contract
HIRER’S OBLIGATIONS. 10.1 The During the continuance of this Agreement, the Hirer must comply with shall in addition and shall procure that without prejudice to its officers, agents, employees obligations under the Terms and Delegates comply withConditions:
(a1) punctually pay all applicable lawsHire Rents and all other sums due under this Agreement (time being of the essence) notwithstanding that no demand thereof shall have been made by the Owner;
(2) pay all Overdue Interest due under this Agreement with or without demand by the Owner;
(3) pay all Default Interest due under this Agreement with or without demand by the Owner;
(4) keep the Goods in good and serviceable repair and condition and replace all missing damaged or broken parts with parts of equal quality and value and in default of so doing permit the Owner to take possession of the Goods for the purpose of having repairs carried out and repay to the Owner the full cost of such repairs. The Owner shall have a lien on the Goods until such repayment but exercise of such lien shall not prevent the accrual of Hire Rent hereunder;
(5) punctually pay all registration charges (including any further charge required after signature hereof in respect of fees included in the calculation in Part II Schedule 3) licence fees, statutes rents, rates, taxes, fines and regulations penalties (imposed by the Government or otherwise) and other outgoings payable in respect of the Goods or the use thereof or in respect of any premises in which the Goods may from time to time in force in relation be placed or kept and produce to the hire Owner on demand the last receipts for all such payment, and use in the event of the Facilities Hirer making default in payment under this sub-clause the Owner shall be at liberty to make all or any such payments and attendance at to recover the Venueamount thereof from the Hirer forthwith together with Overdue Interest and/or Default Interest from the date of demand therefor;
(b6) permit the Owner, its servants or agents and any health person authorised by the Owner at all reasonable times to enter upon the premises in which the Goods are for the time being placed or kept for the purpose of inspecting and safety regulationsexamining the condition of the Goods;
(7) keep the Goods at all times in the HirerÊs actual possession and control and properly housed, sheltered and protected wherever they may be, and security not remove the same from Hong Kong without the prior approval given by the Owner in writing, and other reasonable requirements that apply undertakes to maintain the Goods at such location as appear in the record of the Owner or otherwise the Owner may direct from time to time and shall not move the Goods to a different location without prior written consent of the Owner;
(8) on demand by the Owner provide it with such particulars material to the Venue and/or HirerÊs financial status and to the Room situation, state and have been communicated condition of the Goods as the Owner may reasonably require;
(9) notify the Owner as soon as possible of any difficulty in repaying the loan (or any part thereof) or in meeting any payment to the Owner arising from the loan or otherwise pursuant to this Agreement;
(10) notify the Owner forthwith of any change in the HirerÊs address and upon request by the Owner promptly inform the Owner of the whereabouts of the Goods;
(11) in the case of the Hirer being a sole proprietor, a partnership or a corporation, obtain the OwnerÊs written consent prior to any changes of ownership of the Hirer;
(c12) any instructions from any member of wallacespace staff indemnify the Owner and keep the Owner effectually indemnified, if necessary by payment in the event of a fire or other emergency or in respect of any other security or health and safety matters.
10.2 The Hirer shall not hold itself out to be connected to wallacespacecash on demand, nor, without the prior written consent of wallacespace, use the wallacespace name or logos on any promotional or other materials.
10.3 The Hirer will not affix any poster, notice, placard, sign or other item to any part of the Venue or Room nor erect any display or stand unless wallacespace’s prior written agreement has been obtained.
10.4 The Hirer will be responsible for keeping proper order and for ensuring that all Delegates behave in an appropriate manner. This includes the treatment of wallacespace staff with respect, not causing damage to the Venue or Equipment, not introducing any malicious or technologically harmful material to wallacespace’s tech systems and not using the tech systems for any unlawful purpose. wallacespace reserves the right to exclude any Delegate from the Venue who does not behave in such a manner.
10.5 Externally purchased or produced food and drink may not be brought into the Venue for consumption. In particular, other than that supplied by wallacespace, wines, spirits or other beverages are not permitted to be brought into the Venue for consumption unless prior written consent has been given by wallacespace and wallacespace’s “corkage” charges from time to time shall be added to, and payable with, the Price.
10.6 The Hirer shall indemnify wallacespace from and against all claimslosses, demands, actionsdamages, costs, expensescharges, damagesexpenses and liabilities which may be suffered sustained or incurred by the Owner and all actions, penalties suits, proceedings, claims or proceedings arising out of or connected with any loss or theft of or damage to any property demands of any person at nature whatsoever which may be taken, made or threatened against the Venue, damage to Owner or which may arise directly or indirectly by reason of the Venue Owner entering in this Agreement or Facilitiesbecoming the Owner of the Goods or by reason of the operation of this Agreement or the enforcement by the Owner of any of its rights and remedies herein or by reason of the termination or early termination of this Agreement or by reason of the transport of the Goods from or to, or their installation or presence in or upon, any death place, or injury of any person at the Venue as a result of their use or misuse, whether or not due to any act or omission of the Hirer save insofar as the same may occur as a result of the negligence or its officers, employees, agents willful default of the Owner;
(13) punctually pay for all work done to the Goods and for spare parts and accessories thereto and keep the Goods free from any distress execution or Delegates other legal process and pay all fines and penalties imposed at any time with respect to the Goods before or (until the Hirer redelivers the Goods to the Owner) after termination of this Agreement;
(14) obtain all necessary licences permits and permissions for the use of the Goods and not use the Goods or permit the same to be used contrary to any law or any regulation or bylaw for the time being in force and keep the Goods in condition (if any) required by law and comply with all legislation affecting the same whether presently in force or subsequently enacted;
(15) lodge with the Owner all documents of the title (whether original duplicate or counterpart thereof) relating to the Goods, including but not limited to (where the Goods being a vehicle) vehicle registration document, other person registration document, invoice, xxxx of lading and documents of similar nature whenever required by the Owner together with a transfer of ownership form signed by the Hirer undated and with the transfereeÊs name left blank and the Hirer hereby authorizes the Owner as its agent to complete such form on its behalf;
(16) pay the Owner on demand all reasonable amount of expenses (including without limitation legal costs and expenses on a full indemnity basis and/or commissions for debt collection agencies) reasonably incurred by or on behalf of the Owner in ascertaining the whereabouts of, taking possession of, preserving, insuring and storing the Goods and in putting the same in good order and repair and disposing of the Goods and of any legal proceedings taken by or on behalf of the Owner to enforce the provisions of this Agreement together with Overdue Interest and/or Default Interest as aforesaid;
(17) not apply or by any means howsoever obtain any copy or duplicate or counterpart of any documents of title relating to the Goods, including but not limited to vehicle registration document, other registration document, invoice, xxxx of lading, insurance policy and documents of similar nature without having first obtained the prior written consent of the Owner provided that in giving such consent, the Owner may impose such condition or conditions as the Owner in its absolute discretion may consider appropriate and any breach of such conditions so imposed by the Owner shall be a breach of this Agreement;
(18) not sell assign let pledge mortgage charge incumber or part with possession of or otherwise deal with the Goods or any interest therein or in this Agreement or the Option to Purchase herein contained or create or allow to be created any lien on the Venue with Goods whether for repairs or otherwise and in the actual or implied authority event of any breach of them.this sub-clause by the Hirer the Owner shall be entitled (but shall not be bound) to pay to any such third party such sum as is necessary to procure the release of the Goods from any charge incumbrance or lien and shall further be entitled to recover such sum from the Hirer forthwith together with Overdue Interest and/or Default Interest as aforesaid;
10.7 The Hirer shall maintain in force(19) not use the Goods or permit them to be used for any purpose for which they are not designed or for which they are not reasonably suitable nor, with if the Goods comprise a reputable insurance companymotor vehicle, public liability and any other insurance at an amount not less than £2,000,000 use the same or permit the same to cover the liabilities that may arise under be used for racing or in connection with any rally, trial or competition or permit the Agreement and shall produce same to wallacespace on request both the insurance certificate giving details of cover and the receipt be used by a learner driver or for the current year's premium purpose of instruction unless the prior approval of the insurers has been given in respect a form acceptable to the Owner; and
(20) follow the manufacturerÊs recommendations (if any) as to servicing and maintenance of each insurancethe Goods, use only those spares and accessories recommended or approved by the manufacturer, keep the Goods (if a vehicle) properly garaged and not permit any person other than the manufacturer or persons approved by the manufacturer or by the Owner to make any alteration, addition, adjustment or repair to the Goods.
Appears in 1 contract
Samples: Hire Purchase Agreement
HIRER’S OBLIGATIONS. 10.1 8.1 The Hirer must comply with and shall procure that its officers, agents, employees and Delegates comply withshall:
(a) all applicable lawspersonally, statutes and regulations from time or through a duly authorised representative, be on hand at the Hiring Address to time in force in relation to the hire and use take delivery of the Facilities Equipment and attendance at to sign the VenueOwner’s Consignment Note/Hire Docket acknowledging receipt of the Equipment in good order and condition;
(b) keep and maintain the Equipment in good repair and working order throughout the Hire Period;
(c) use the Equipment in a skilful and proper manner and only for the purpose and within the capacity for which it was designed, acknowledging that the Owner can give no warranty as to its capacity;
(d) ensure that the Equipment is operated by a suitably certified, trained or licensed operator (whether supplied by the Hirer at its cost or employed and provided by the Owner) who will work entirely in accordance with the instructions of the Hirer or the Hirer’s authorised (e) ensure that the Equipment remains at all times at the Hiring Address and is kept safe during the Hire Period: where possible the Hirer must store the Equipment in water tight and locked premises while not in use;
(f) not use the Equipment for any health and safety regulations, and security and other reasonable requirements that apply purpose or in any manner which would or does result in the Owner’s insurer (if any) refusing to meet any claim by the Venue and/or Owner for any loss or damage caused to or by the Room and have been communicated to Equipment while in the possession of the Hirer;
(cg) ensure that the Equipment is operated only in accordance with manufacturer’s specifications and not change or interfere with any instructions from any member factory or Owner’s settings of wallacespace staff the Equipment;
(h) ensure that the Equipment is operated only in accordance with applicable Workplace Health and Safety Regulation, and generally in accordance with all statutes, regulations and laws applicable to the event use of a fire or other emergency or in respect the Equipment;
(i) notify the Owner immediately of any other security loss or health and safety matters.
10.2 The Hirer shall not hold itself out to be connected to wallacespace, nor, without the prior written consent of wallacespace, use the wallacespace name or logos on any promotional or other materials.
10.3 The Hirer will not affix any poster, notice, placard, sign or other item to any part of the Venue or Room nor erect any display or stand unless wallacespace’s prior written agreement has been obtained.
10.4 The Hirer will be responsible for keeping proper order and for ensuring that all Delegates behave in an appropriate manner. This includes the treatment of wallacespace staff with respect, not causing damage to the Venue or Equipment, not introducing any malicious or technologically harmful material to wallacespace’s tech systems and not using to attempt to or effect any repairs to the tech systems for any unlawful purpose. wallacespace reserves Equipment without the right consent of the Owner;
(j) allow the Owner or its nominated representative access to exclude any Delegate from the Venue who does not behave Hiring Address at all times to inspect the state of repair and operation of the Equipment, and if misuse, loss or damage has occurred or is apprehended by the Owner, to return possession of the Equipment immediately to the Owner or its nominated representative;
(k) contact the Owner by telephone prior to or at the end of the Hire Period (noting the Hirer’s obligation to pay additional charges on late notification per clause 5.2);
(l) return the Equipment at the end of the Hiring Period to the Owner in such at least as good a mannerstate of repair, condition and cleanliness as at the commencement of the Hire Period, fair wear and tear only excepted.
10.5 Externally purchased 8.2 Where the Hirer is obliged to notify the Owner of any matter or produced food and drink may thing set out in this Equipment Hire Agreement, the Hirer will first attempt telephone contact with the Owner. Notification by any other or slower means will not be brought into the Venue for consumption. In particular, other than that supplied by wallacespace, wines, spirits or other beverages are not permitted to be brought into the Venue for consumption unless prior written consent has been given by wallacespace and wallacespace’s “corkage” charges from time to time shall be added to, and payable with, the Priceacceptable.
10.6 The Hirer shall indemnify wallacespace from and against all claims, demands, actions, costs, expenses, damages, penalties or proceedings arising out of or connected with any loss or theft of or damage to any property of any person at the Venue, damage to the Venue or Facilities, or any death or injury of any person at the Venue as a result of any act or omission of the Hirer or its officers, employees, agents or Delegates or any other person on the Venue with the actual or implied authority of any of them.
10.7 The Hirer shall maintain in force, with a reputable insurance company, public liability and any other insurance at an amount not less than £2,000,000 to cover the liabilities that may arise under or in connection with the Agreement and shall produce to wallacespace on request both the insurance certificate giving details of cover and the receipt for the current year's premium in respect of each insurance.
Appears in 1 contract
Samples: Equipment Hire Agreement
HIRER’S OBLIGATIONS. 10.1 9.1 The Hirer must comply with and shall procure that its officersnot, agents, employees and Delegates comply withwithout the prior written approval of VenuesLive:
(a) all applicable lawsuse the Function facilities for any purpose other than the Hiring Purpose;
b) allow any person, statutes and regulations from time to time in force in relation not under the control or subject to the hire and use direction of the Facilities and attendance at Hirer to use the VenueFunction facilities;
(bc) use any health and safety regulations, and security and other reasonable requirements electronic equipment including but not limited to scoreboards or timing equipment that apply to is not the Venue and/or the Room and have been communicated to the Hirerproperty of VenuesLive;
(cd) any instructions from any member of wallacespace staff in the event of a fire bring or other emergency or in respect of any other security or health and safety matters.
10.2 The Hirer shall not hold itself out permit to be connected brought, into the WSEC any alcoholic beverage;
e) re-hire, sublet or licence the Function facilities, or any part of them to wallacespaceany person;
f) book a Function facility on a match day for the purpose of selling hospitality packages to any event taking place at WSEC on that day;
g) use any part of the WSEC other that the Function facilities allocated specifically for the Function;
h) alter, normove or remove any fixture, fitting or furnishing of the WSEC;
i) bring, or permit to be brought into the WSEC any animal;
j) erect or display within the WSEC, any advertisement without the prior written consent of wallacespaceVenuesLive provided not less than 5 Business Days prior to the commencement of the Hiring Period or erect or display such advertisement contrary to any condition reasonable imposed by VenuesLive;
k) erect or display within the WSEC any advertisement or signage which in any way impedes or obstructs the clear vision of any existing advertising or signage within the WSEC;
l) alter, move or damage any existing advertisement or signage;
m) permit radio or television broadcast, motion pictures or other film, recording of audio or video recordings of any activities, Function or event in the WSEC other than the Hirer’s Function;
n) make or organise any collection in or adjacent to the WSEC;
o) conduct any game of chance, or mixed chance and skill, sweepstake or lottery in or bet or wager, or permit any person to bet or wager in or adjacent to the WSEC;
p) bet or wager, or permit any person to bet or wager in or adjacent to the WSEC, or do so contrary to any condition imposed by VenuesLive;
q) erect any marque, awning, hut, stall or similar structure in or adjacent to the WSEC or do so contrary to any condition imposed by VenuesLive;
r) sell, offer or expose for sale or permit to be sold, offered or exposed for sale any refreshments or other goods or any service;
s) use equipment belonging to VenuesLive not included in this Agreement; and
t) use the wallacespace name Function facilities in any manner that, in the opinion of VenuesLive, are or logos on any promotional or other materialsmay become detrimental to VenuesLive.
10.3 9.2 The Hirer will not affix must comply with the requirements of any posterlegislation or any other relevant act, noticeby laws, placardrules or regulations, sign or other item to in respect of this Agreement and shall be liable for any part breach of the Venue or Room nor erect any display or stand unless wallacespace’s prior written agreement has been obtainedsuch legislation, acts, by-laws, rules and regulations.
10.4 9.3 The Hirer will be responsible for keeping proper order and for ensuring that all Delegates behave must not hawk, sell or merchandise any item whatsoever in an appropriate manner. This includes the treatment of wallacespace staff with respect, not causing damage to WSEC without the Venue or Equipment, not introducing any malicious or technologically harmful material to wallacespace’s tech systems and not using the tech systems for any unlawful purpose. wallacespace reserves the right to exclude any Delegate from the Venue who does not behave in such a manner.
10.5 Externally purchased or produced food and drink may not be brought into the Venue for consumption. In particular, other than that supplied by wallacespace, wines, spirits or other beverages are not permitted to be brought into the Venue for consumption unless prior written consent has been given by wallacespace and wallacespace’s “corkage” charges from time of VenuesLive provided not less than 5 Business Days prior to time shall be added to, and payable withthe commencement of the Hiring Period. If VenuesLive consents to the sale of merchandise, the Price.
10.6 Hirer must pay 10% of the gross sales revenue to VenuesLive within 5 Business Days of the conclusion of the Hiring Period accompanied by a statement certifying the quantum of gross sales. The Hirer shall indemnify wallacespace from permit VenuesLive, on reasonable notice, to inspect all books, account, records, ledgers and against all claims, demands, actions, costs, expenses, damages, penalties or proceedings arising out of or connected with any loss or theft of or damage to any property of any person at the Venue, damage other documents relating to the Venue or Facilities, or any death or injury sales of any person at the Venue as a result of any act or omission of merchandise by the Hirer or its officersduring the Hiring Period.
9.4 The Hirer acknowledges that it must engage the catering services provided by VenuesLive for the provision of all catering, employees, agents or Delegates or including all food and beverages to be consumed on the premises during the Hiring Period and must not engage any other person on caterer to providing catering services for the Venue Function.
9.5 The Hirer acknowledges that the WSEC is a licensed premises and that VenuesLive sells, serves and supplies alcohol and alcoholic beverages responsibly and in accordance with the actual or implied authority of any of them.
10.7 The Hirer shall maintain in force, with a reputable insurance company, public liability and any other insurance at an amount not less than £2,000,000 to cover the liabilities that may arise under or in connection with the Agreement and shall produce to wallacespace on request both the insurance certificate giving details of cover Liquor Act 2007 (NSW) and the receipt for regulations pursuant to that act. For the current year's premium in respect avoidance of each insurancedoubt - no alcoholic beverages may be brought onto or taken off the WSEC site.
Appears in 1 contract
Samples: Conditions of Hire / Agreement
HIRER’S OBLIGATIONS. 10.1 (a) The Hirer must comply with and shall procure that its officers, agents, employees and Delegates comply withmust:
(ai) pay all applicable laws, statutes Hire Charges together with any other charges or amounts that may become due and regulations from time to time in force in relation payable to the hire and use Owner under the terms of the Facilities and attendance at the Venuethis agreement;
(bii) upon delivery or collection of the Equipment immediately examine the Equipment to satisfy itself as to its condition and suitability and fitness for the purpose to which it requires the Equipment. In accepting the Equipment the Hirer acknowledges that it has not in any way relied upon the skill or judgement or any representations made by or on behalf of the Owner in respect of the Equipment, its purpose, use or performance;
(iii) use the Equipment in a skilful, proper, safe and prudent manner and only for the purpose and within the capacity for which it was designed;
(iv) notify the Owner of any breakdown, stand down and off hire;
(v) perform service and maintenance routines for the Equipment as per the manufacturer’s operation and maintenance manual, and perform all Minor Repairs of the Equipment;
(vi) ensure that the Equipment is operated by a suitably qualified, trained, experienced and (if necessary) certified operator. If the Owner supplies an operator to operate the Equipment the operator shall be under the sole direction and control of the Hirer and for the purpose of this agreement shall be deemed to be the employee of the Hirer. The Hirer shall be responsible for any claims whatsoever arising in connection with the operation of the Equipment by such an operator orany third party and, if an operator is provided by the Owner, the Hirer shall not allow any other person to operate the Equipment without the Owner's prior written consent;
(vii) at its own expense clean, fuel, lubricate and keep and maintain Equipment in good condition and repair failing which the Hirer will reimburse the Owner for any costs, claims, loss, damages or expenses (including legal expenses on a solicitor client basis) incurred by the Owner;
(viii) repair or replace at its own cost any flat and/or damaged tyres;
(ix) clean the Equipment thoroughly on the expiry of the Hire Period. If the Hirer fails to clean the Equipment properly in the Owner's opinion then the Owner may undertake the cleaning and theHirer shall be liable for a cleaning charge;
(x) ensure that the Equipment is stored safely, securely and protected from theft;
(xi) not alter, make additions to, deface or erase any identifying xxxx, plate, trademark writing or numberon or in the Equipment or interfere with or modify the Equipment in any other manner;
(xii) be liable for the cost of freight to retrieve Equipment that has been abandoned for any reason;
(xiii) comply at its own expense with all local authority, state and federal laws, ordinances and regulations including in particular any occupational health and safety regulations, and security and other reasonable requirements that apply to laws which may affect the Venue and/or Equipment while it is in the Room and have been communicated to possession of or being used by the Hirer;
(cxiv) comply with the Chain of Responsibility Legislation, and ensure that any instructions from activity relating to the Equipment (including scheduling, load restraint, and transport movement) is undertaken in compliance with the Hirer’s Chain of Responsibility Legislation and ensure that any member subcontractor of wallacespace staff in the event Hirer (where the Hirer subcontracts any movement of a fire or other emergency or in respect transport under this agreement) are contractually bound to comply with their obligations under the Chain of any other security or health and safety matters.Responsibility legislation;
10.2 The Hirer shall (xv) not hold itself out to be connected to wallacespace, nor, without the prior written consent of wallacespacethe Owner keep or store in the Equipment or on or near any of the Equipment any volatile spirits or explosive goods or goods that are or may become dangerous, corrosive, highly combustible, offensive (including radioactive materials) or likely to encourage any vermin or pests. Any such goods stored in or near the Equipment may at any time be destroyed, disposed of, abandoned, or rendered harmless by the Owner without compensation to the Hirer and without effecting the Owner's rights under this agreement. The Hirer authorises the Owner to have unrestricted access to the Equipment for the purpose of exercising the Owner's rights under this clause;
(xvi) supply the operator of the Equipment with all necessary manuals and instructions (both written andoral) necessary for the safe use of the Equipment and the appropriate safety clothing;
(xvii) not use the wallacespace name Equipment offshore, in a mine, in an area where friable asbestos is present, or logos on any promotional or other materials.
10.3 The Hirer will not affix any poster, notice, placard, sign or other item to any part of move the Venue or Room nor erect any display or stand unless wallacespaceEquipment over water without the Owner’s prior written agreement consent, which may be withheld or granted at the Owner’s complete discretion;
(xviii) remove and dispose of any diesel, grease, oil or similar substance from the service module of aservice truck, fuel truck or fuel trailer (and if the Hirer fails to do so, the Owner may remove anddispose of the diesel, grease, oil or similar substance at the cost of the Hirer);
(xix) notify the Owner if they intend to use a hydraulic attachment that has not been obtainedsupplied by the Owner. The Hirer may be charged an hourly rate for attachment usage as determined by the Owner.
10.4 (b) The Owner uses an electronic tracking system on the Equipment. The Equipment usage is monitored daily and a data report is produced for Equipment usage, frequency and mode of attachment usage, breakdowns, general daily activities and negligent behaviour which includes over revving the engine. Should the information provided under clause 6(a)(iv) and clause 6(a)(xix) not match the information provided by the electronic tracking system, the Hirer will be charged additional Hire Charges.
(c) Unless the Owner agrees otherwise, the Hirer is responsible for keeping proper order arranging the transportation of the Equipment to and for ensuring that all Delegates behave in an appropriate manner. This includes the treatment of wallacespace staff with respect, not causing damage to the Venue or Equipment, not introducing any malicious or technologically harmful material to wallacespace’s tech systems and not using the tech systems for any unlawful purpose. wallacespace reserves the right to exclude any Delegate from the Venue who does not behave in such a mannersite or premises at which the Equipment is used by the Hirer and the costs of that transportation (including any waiting fee). The Hirer is responsible for loading and unloading the Equipment onto the means of any transportation. The Owner will determine the site at which the Equipment is mobilised from on the Hire Start Date and demobilised to on the Hire End Date.
10.5 Externally purchased or produced food and drink may not be brought into (d) The Hirer must seek the Venue for consumption. In particular, other than that supplied by wallacespace, wines, spirits or other beverages are not permitted to be brought into the Venue for consumption unless Owner’s prior written consent if the Hirer intends to use the Equipment in or around corrosive substances, including but not limited to salt, acid and fertilizer. If the Owner consents to that usage, the Hirer must wash down the Equipment daily with fresh water. Any damage caused to the Equipment by exposure to corrosive substances is payable by the Hirer.
(e) During the Hire Period the Hirer must ensure that the Equipment is not contaminated with any hazardous substances including asbestos. If the Equipment has been given by wallacespace and wallacespace’s “corkage” charges from time to time shall be added tocontaminated with any hazardous substance the Hirer is responsible for decontaminating the Equipment, which may include replacing filters, washing down the Equipment, and payable with, removing all contaminants before the Price.
10.6 Equipment is returned to the Owner. The Hirer shall indemnify wallacespace from and against all claimsadvise the Owner in writing of details of the decontamination. If in the reasonable opinion of the Owner the Equipment cannot be decontaminated, demands, actions, costs, expenses, damages, penalties or proceedings arising out of or connected with any loss or theft of or damage to any property of any person at the Venue, damage Hirer must pay to the Venue or Facilities, or any death or injury of any person at Owner the Venue as a result of any act or omission replacement cost of the Hirer or its officers, employees, agents or Delegates or any other person on the Venue with the actual or implied authority of any of themEquipment.
10.7 The Hirer shall maintain in force, with a reputable insurance company, public liability and any other insurance at an amount not less than £2,000,000 to cover the liabilities that may arise under or in connection with the Agreement and shall produce to wallacespace on request both the insurance certificate giving details of cover and the receipt for the current year's premium in respect of each insurance.
Appears in 1 contract
Samples: Master Equipment Hire Agreement
HIRER’S OBLIGATIONS. 10.1 The During the continuance of this Agreement, the Hirer must comply with shall in addition and shall procure that without prejudice to its officers, agents, employees obligations under the Terms and Delegates comply withConditions:
(a1) punctually pay all applicable lawsHire Rents and all other sums due under this Agreement (time being of the essence) notwithstanding that no demand thereof shall have been made by the Owner;
(2) pay all Overdue Interest due under this Agreement with or without demand by the Owner;
(3) pay all Default Interest due under this Agreement with or without demand by the Owner;
(4) keep the Goods in good and serviceable repair and condition and replace all missing damaged or broken parts with parts of equal quality and value and in default of so doing permit the Owner to take possession of the Goods for the purpose of having repairs carried out and repay to the Owner the full cost of such repairs. The Owner shall have a lien on the Goods until such repayment but exercise of such lien shall not prevent the accrual of Hire Rent hereunder;
(5) punctually pay all registration charges (including any further charge required after signature hereof in respect of fees included in the calculation in Part II Schedule 3) licence fees, statutes rents, rates, taxes, fines and regulations penalties (imposed by the Government or otherwise) and other outgoings payable in respect of the Goods or the use thereof or in respect of any premises in which the Goods may from time to time in force in relation be placed or kept and produce to the hire Owner on demand the last receipts for all such payment, and use in the event of the Facilities Hirer making default in payment under this sub-clause the Owner shall be at liberty to make all or any such payments and attendance at to recover the Venueamount thereof from the Hirer forthwith together with Overdue Interest and/or Default Interest from the date of demand therefor;
(b6) permit the Owner, its servants or agents and any health person authorised by the Owner at all reasonable times to enter upon the premises in which the Goods are for the time being placed or kept for the purpose of inspecting and safety regulationsexamining the condition of the Goods;
(7) keep the Goods at all times in the Hirer’s actual possession and control and properly housed, sheltered and protected wherever they may be, and security not remove the same from Hong Kong without the prior approval given by the Owner in writing, and other reasonable requirements that apply undertakes to maintain the Goods at such location as appear in the record of the Owner or otherwise the Owner may direct from time to time and shall not move the Goods to a different location without prior written consent of the Owner;
(8) on demand by the Owner provide it with such particulars material to the Venue and/or Hirer’s financial status and to the Room situation, state and have been communicated condition of the Goods as the Owner may reasonably require;
(9) notify the Owner as soon as possible of any difficulty in repaying the loan (or any part thereof) or in meeting any payment to the Owner arising from the loan or otherwise pursuant to this Agreement;
(10) notify the Owner forthwith of any change in the Hirer’s address and upon request by the Owner promptly inform the Owner of the whereabouts of the Goods;
(11) in the case of the Hirer being a sole proprietor, a partnership or a corporation, obtain the Owner’s written consent prior to any changes of ownership of the Hirer;
(c12) any instructions from any member of wallacespace staff indemnify the Owner and keep the Owner effectually indemnified, if necessary by payment in the event of a fire or other emergency or in respect of any other security or health and safety matters.
10.2 The Hirer shall not hold itself out to be connected to wallacespacecash on demand, nor, without the prior written consent of wallacespace, use the wallacespace name or logos on any promotional or other materials.
10.3 The Hirer will not affix any poster, notice, placard, sign or other item to any part of the Venue or Room nor erect any display or stand unless wallacespace’s prior written agreement has been obtained.
10.4 The Hirer will be responsible for keeping proper order and for ensuring that all Delegates behave in an appropriate manner. This includes the treatment of wallacespace staff with respect, not causing damage to the Venue or Equipment, not introducing any malicious or technologically harmful material to wallacespace’s tech systems and not using the tech systems for any unlawful purpose. wallacespace reserves the right to exclude any Delegate from the Venue who does not behave in such a manner.
10.5 Externally purchased or produced food and drink may not be brought into the Venue for consumption. In particular, other than that supplied by wallacespace, wines, spirits or other beverages are not permitted to be brought into the Venue for consumption unless prior written consent has been given by wallacespace and wallacespace’s “corkage” charges from time to time shall be added to, and payable with, the Price.
10.6 The Hirer shall indemnify wallacespace from and against all claimslosses, demands, actionsdamages, costs, expensescharges, damagesexpenses and liabilities which may be suffered sustained or incurred by the Owner and all actions, penalties suits, proceedings, claims or proceedings arising out of or connected with any loss or theft of or damage to any property demands of any person at nature whatsoever which may be taken, made or threatened against the Venue, damage to Owner or which may arise directly or indirectly by reason of the Venue Owner entering in this Agreement or Facilitiesbecoming the Owner of the Goods or by reason of the operation of this Agreement or the enforcement by the Owner of any of its rights and remedies herein or by reason of the termination or early termination of this Agreement or by reason of the transport of the Goods from or to, or their installation or presence in or upon, any death place, or injury of any person at the Venue as a result of their use or misuse, whether or not due to any act or omission of the Hirer save insofar as the same may occur as a result of the negligence or its officers, employees, agents willful default of the Owner; FF1517 2/4
(13) punctually pay for all work done to the Goods and for spare parts and accessories thereto and keep the Goods free from any distress execution or Delegates other legal process and pay all fines and penalties imposed at any time with respect to the Goods before or any other person on (until the Venue with Hirer redelivers the actual or implied authority Goods to the Owner) after termination of any of them.this Agreement;
10.7 The Hirer shall maintain in force, with a reputable insurance company, public liability and any other insurance at an amount not less than £2,000,000 to cover the liabilities that may arise under or in connection with the Agreement and shall produce to wallacespace on request both the insurance certificate giving details of cover and the receipt for the current year's premium in respect of each insurance.1. 譯義 除文意另有所指外,下列各用語有以下涵義- ‧ “合約”指本租購合約; ‧ “現沽價餘款”指表(三)第二部份內總現沽價減首期付款之金額; ‧ “租購價格餘款”指表(三)第二部份內現沽價餘款加財務費用之總和金額; ‧ “銀行集團”指華僑銀行(香港)有限公司之母公司、其香港附屬公司、聯營公司及此等公司之繼承★及受讓★; ‧ “工作日”指貨主在香港向公眾正常開放營業的日子,但不包括星期六; ‧ “開始日期”指於表(三)第三部份或表(A)內(如適用)列明之日期; ‧ “銷售商”指於表(二)列明之貨品銷售商/供應商; ‧ “違約利息”指租購★於其違約時須就任何逾期租購費用及其他在本合約內需繳付之金額繳付由有關付款日期或到期日至實際付款當天之利息,該利息以表(四)列明之違約利率計算且按日累積(不論法庭命令發出前或發出後); ‧ “首期付款”指於表(三)第二部份列明租購★已繳付之首期付款或換車/機價; ‧ “財務費用”指租購★在租購時期內需繳付之利息總額,以固定利率計算,已於表(三)第二部份或表(A)內(如適用)列明;
Appears in 1 contract
Samples: Hire Purchase Agreement
HIRER’S OBLIGATIONS. 10.1 3.1. The Hirer must comply agrees and undertakes:
3.1.1. To pay to the School the Hire Fee as the same is defined in clause 1 in such manner as is specified in that clause together with such VAT as may be payable on the Hire Fee.
3.1.2. To maintain the Requisite Insurance and shall procure to pay all premiums and other costs arising in the provision of such policies and to ensure that its officersthe policies or certified copies of the policies are produced promptly to the School if so requested by them and FURTHERMORE not to do anything to invalidate any insurance policy which it is obliged to maintain under this paragraph. For the avoidance of doubt, agents, it is the Hirer’s responsibility to arrange insurance for the Hirer’s own property that it brings into the Hired Premises or the Common Parts and for their own liability to their employees and Delegates comply with:to third parties.
(a) 3.1.3. To keep the Hired Premises clean, tidy and clear of rubbish, with rubbish being removed at the end of each individual booking.
3.1.4. To take good care of all applicable lawsparts of the Hired Premises and any equipment, statutes fittings and regulations from time to time in force in relation furnishings at the Hired Premises or within the Common Parts or belonging to the hire School that are used by or made available to the Hirer and use of the Facilities and attendance Hirer shall be liable for any damage caused by the Hirer or those in the Hired Premises or the Common Parts with the Hirer’s permission or at the Venue;Hirer’s invitation.
(b) 3.1.5. Not to use the Hired Premises other than for the Permitted Use.
3.1.6. Not to make any health and safety regulations, and security and other reasonable requirements that apply alteration or addition whatsoever to the Venue and/or the Room and have been communicated to the Hirer;
(c) any instructions from any member of wallacespace staff in the event of a fire or other emergency or in respect of any other security or health and safety mattersHired Premises.
10.2 The Hirer shall not hold itself out 3.1.7. Not to be connected to wallacespacedisplay any advertisement, norsignboards, nameplate, inscription, flag, banner, placard, poster, signs or notices at the Hired Premises or elsewhere on the School Premises without the prior written consent of wallacespace, use the wallacespace name or logos on any promotional or other materialsSchool.
10.3 The Hirer will not affix any poster3.1.8. Not to do or permit to be done on the Hired Premises anything which is illegal or which may be or become a nuisance, notice(whether actionable or not) damage, placardannoyance, sign inconvenience or other item disturbance to any part the School or occupiers of the Venue School Premises or Room nor erect any display owner or stand unless wallacespace’s prior written agreement has been obtainedoccupier of neighbouring premises.
10.4 The Hirer 3.1.9. Not to obstruct the Common Parts, make them dirty or untidy or leave any rubbish on them.
3.1.10. Not to apply for any planning permission in respect of the Hired Premises.
3.1.11. Not to do anything that will or might constitute a breach of any Necessary Consents affecting the Hired Premises or which will or might vitiate in whole or in part any insurance effected by the School in respect of the Hired Premises and/or the School Premises from time to time.
3.1.12. Not to do anything or allow anything to be responsible for keeping proper order done that will or might constitute a breach of the terms of the Head Licence.
3.1.13. To comply with all laws and for ensuring that all Delegates behave in an appropriate manner. This includes with any recommendations of the treatment of wallacespace staff with respect, not causing damage relevant suppliers relating to the Venue supply of electricity, gas, water, sewage, telecommunications and data and other services and utilities to or Equipment, from the Hired Premises.
3.1.14. To observe any rules and regulations operating procedures and/or codes of conduct the School makes and notifies to the Hirer from time to time governing the Hirer's use of the Hired Premises and the Common Parts.
3.1.15. Not to do anything at the Hired Premises which in the reasonable opinion of the School is detrimental to the image and reputation of the School and furthermore not introducing to do anything contrary or inconsistent with the charitable status of the School.
3.1.16. To pay to the Governing Body interest on the Hire Fee and/or any malicious other payments due to the School under this Agreement at the rate of three per cent per annum above the base lending rate of Lloyds Bank from time to time calculated on a daily basis from the due date until payment if the Hirer shall fail to pay the Hire Fee or technologically harmful material to wallacespace’s tech systems and not using any other payments due under this Agreement within fourteen days of the tech systems for any unlawful purposedue date (whether formally demanded or not). wallacespace The School reserves the right to exclude withheld services (including, for the avoidance of doubt, access to the Hired Premises) while there are any Delegate from outstanding fees and interest or the Venue who does not behave Hirer is in such a mannerbreach of this agreement.
10.5 Externally purchased or produced food and drink may not be brought into the Venue for consumption3.1.17. In particular, other than that supplied by wallacespace, wines, spirits or other beverages are not permitted Not to be brought into the Venue for consumption unless prior written consent has been given by wallacespace and wallacespace’s “corkage” charges from time to time shall be added to, and payable with, the Price.
10.6 The Hirer shall indemnify wallacespace from and against all claims, demands, actions, costs, expenses, damages, penalties or proceedings arising out of or connected with any loss or theft of or damage to any property take copies of any person at keys or entry cards that the Venue, damage School provides to the Venue or Facilities, or any death or injury of any person at the Venue as a result of any act or omission of the Hirer or its officers, employees, agents or Delegates or any other person on allow anyone else to use them without the Venue with School’s consent. Any loss must be reported to the actual or implied authority of any of them.
10.7 The Hirer shall maintain in force, with a reputable insurance company, public liability and any other insurance at an amount not less than £2,000,000 to cover the liabilities that may arise under or in connection with the Agreement and shall produce to wallacespace on request both the insurance certificate giving details of cover School immediately and the receipt for Hirer must pay the current year's premium in respect cost of each insurancereplacement keys or cards and/or changing the lock, if so required by the School. For the avoidance of doubt, it is the Hirer’s responsibility to lock the doors to the Hired Premises when the Hirer leaves the same.
Appears in 1 contract
Samples: Venue Rental Agreement
HIRER’S OBLIGATIONS. 10.1 The Hirer must comply hereby agrees with and shall procure that its officers, agents, employees and Delegates comply with:the Owner as follows:-
(a) To obtain delivery of the Goods at the Hirer's sole risk, cost and expense.
(b) To keep and maintain the Goods and all applicable lawsparts thereof in good and serviceable repair and condition and to replace all missing, statutes damaged or broken parts of the Goods by parts of the same make, equal value and regulations quality and to be solely responsible for any loss or destruction of or for any damage to the Goods or any part thereof occasioned in any manner or by whomsoever or by any cause whatsoever, including fair wear and tear and lawful forfeiture. In default of so doing the Hirer shall permit the Owner to take possession of the Goods for the purpose of having repairs and replacements carried out and to repay to the Owner the full costs of such repairs and replacements so incurred by the Owner upon demand together with interest thereon at the rate provided in Clause 5 hereof from the date on which such costs were incurred until the date of payment thereof by the Hirer.
(c) That all the repairs and replacements to the Goods arising from any cause whatsoever including fair wear and tear shall be carried out at the Hirer's expense by a person or persons or firm or company approved in writing by the Owner provided nevertheless that the Hirer shall not have or be deemed to have any authority to pledge the Owner's credit for the repair or replacement of the Goods or any part thereof or otherwise or to create any lien upon the Goods in respect of such repairs or replacements or for any other purposes or thing whatsoever.
(d) Topay punctually for all work done to the Goods and for spare parts and accessories thereto and keep the Goods free from any distress, execution or other legal process.
(e) Toinsert and/or maintain on the Goods any insignia identification marks notice or plates as required by the Owner and that the Hirer shall not remove, deface, obliterate, cover up or conceal the same.
(f) To give immediate notice in writing to the Owner of any loss, damage or destruction of the Goods or any part thereof together with details of the same.
(g) Immediately after the signing of this Agreement at the Hirer's own expense to insure and to keep insured at all times the Goods in the joint names of the Owner as owner and the Hirer as hirer thereof for their respective interests during the continuance of the hiring against loss or damage by accident, fire, burglary, strikes, riots, civil commotion and theft and such other risks as the Owner may from time to time consider fit to the full insurable value thereof with a reputable insurance company under a policy of insurance containing such terms conditions and exceptions as the Owner would require if the Owner had arranged the insurance and an endorsement that all payments under the policy are to be made to the Owner. The Hirer hereby irrevocably and unconditionally authorises the Owner to receive all moneys payable under the said policy and give a valid discharge therefore. The Hirer shall deliver to the Owner the policy of insurance or a duplicate copy thereof immediately after the said policy has been issued. The Hirer shall not, during the period of this Agreement, insure the Goods against any risk with another registered insurer without first informing the Ownerthereof.
(h) To pay punctually all insurance premiums including renewal premiums payable for effecting and maintaining such insurance and to deposit the policy or policies of such insurance and the receipts for all premiums with the Owner on demand and not to do so or suffer to be done any act or thing which may invalidate any such insurance and to keep the Owner fully indemnified at all times against all loss or damage to the Goods from whatever cause arising and all claims, whether by any employee, agent or licensee of the Hirer or by any other third party arising out of any death, injury or accidents caused by or in connection with the Goods. If the Hirer shall fail to effect the insurance as required under the preceding provisions the Owner may without prejudice to its other rights under this Agreement and without being under any obligations so to do effect and maintain any such insurance as aforesaid and all costs and expenses incurred by the Owner in so doing shall be repaid to the Owner by the Hirer on demand together with interest thereon at the rate provided in Clause 5 hereof. If the Owner agrees to any modification or restriction in the cover of any policy the Hirer will fully indemnify the Owner against any loss occasioned thereby. All moneys payable under any policy of insurance for loss or damage to the Goods shall belong solely to the Owner whose receipt therefore shall be a sufficient discharge to the insurance company and credited to the Hirer's account with the Owner in or towards satisfaction of the amount due to the Owner under this Agreement. Further in the event of any loss of or damage to the Goods, the Hirer shall forthwith assign to the Owner all the rights, benefits and claims of the Hirer under the policy of insurance relating to such loss or damage.
(i) In addition to the aforesaid the Owner shall be entitled to receive all moneys payable to the Hirer by the insurance company under the relevant policy including any refund of insurance premium on cancellation or variation of the insurance policy except any "no claim" or similar rebate and the Hirer hereby appoints the Owner as its attorney to recover and/or compromise in the respective names of the Owner and the Hirer any claim thereunder for loss or damage to the Goods and to give effectual releases and receipts for thesame.
(j) To permit the Owner, its servants or agents at any time to inspect or test the Goods and to give them reasonable and proper access and facilities to enable them to do so.
(k) To pay punctually all fines, licence duties, taxes fees, registration charges and all other payments, if any, in respect of the Goods or the use thereof, and if such payments shall have been made by the Owner (which the Owner may at its discretion but without any obligation to do so) to repay the same to the Owner on demand with interest thereon at the rate provided in Clause 5 hereof and to produce to the Owner on demand the receipts for all such payments.
(l) Toobtain and maintain all necessary licences, permits, permissions and the like, whethergovernmental or otherwise in respect of the Goods and the use thereof.
(m) Not to use the Goods or permit or suffer the same to be used contrary to any written law, rule, regulation or order made thereunder or for any unlawful purpose or in any manner by reason of which the Goods may become liable to confiscation or forfeiture and if the Goods should consist of a motor vehicle the Hirer shall not during the continuance of this Agreement use the said vehicle or cause or permit any other person to use the same unless there is in force in relation to the hire and use user of the Facilities said vehicle by the Hirer or that other person as the case may be a policy of insurance in respect of third party risks complying with the requirements of any written law, rule or regulation for the time being in force in respectthereof.
(n) Not to allow any person other than skilled and attendance qualified persons to operate or use the Goods.
(o) To keep the Goods at all times in the possession and control of the Hirer and not to remove the same from the place where they shall have been first installed as specified in the Schedule hereto (if any) without the prior consent in writing of the Owner and if the Goods should consist of a motor vehicle not to take or send or permit the said vehicle to be taken or sent out of West Malaysia and Singapore and not to transfer the registration of the said vehicle from one registry to another without the prior consent in writing of the Owner.
(p) To keep the Goods properly and safely housed or if the Goods shall consist of a motor vehicle, safely garaged, to inform the Owner by notice in writing of any change of the Hirer's address and/or of the place where the Goods are housed or garaged immediately when such change takes place and to pay duly and punctually the rent rates taxes and other outgoings in respect of the premises where the Goods are housed or garaged (as the case may be) and to produce on demand to the Owner the receipts for the current payments thereof. If the Hirer shall fail to make the aforesaid payments the Owner may (but without being under any obligation to do so) effect the said payments and all such payments including costs and expenses incurred in so doing shall be repaid to the Owner by the Hirer on demand together with interest thereon at the Venue;rate provided in Clause 5 hereof.
(bq) Not to make any health and safety regulationsalterations, and security and other reasonable requirements that apply additions or improvements to the Venue Goods without the prior consent in writing of the Owner. All additions replacements or attachments made to the Goods with or without the consent of the Owner and of whatever kind or nature shall be deemed to be parts of the whole and be the property of the Owner and subject to all the terms and conditions of this Agreement.
(r) Not to affix or attach the Goods to any land or building without prior consent in writing of the Owner and without first obtaining the written waiver of the proprietor of the land or building in respect of the Goods and to ensure that in so far as the Goods are affixed or attached to any land or building the Goods shall be capable of being removed without material damage to the said land or building and that such steps shall be taken by the Hirer as are necessary to prevent title to or any other rights over the Goods from passing to the proprietor of the said land or building. Without prejudice to the generality of the foregoing to obtain from the owner and/or the Room mortgagee of the said land or building a waiver in writing of their distress over the Goods and have been communicated an acknowledgement in writing whereby the proprietor and/or mortgagee (if any) acknowledges that title to the Hirer;Goods vests solely with the Owner and that Goods do not (by reason of affixation or attachment or otherwise to the said land or building) form part or become a part of the said land orbuilding.
(cs) Not to present himself/itself nor hold himself/itself out as being the owner or to do or suffer any instructions from act matter of thing to be done whereby the Hirer may be reputed to be the owner of the Goods and in particular not to sell, assign, sub-let, pledge, mortgage, charge, encumber, part withpossessionor otherwisedeal with the Goods or any member of wallacespace staff interest therein or create or allow to be created any lien on the Goods whether for repairs or otherwise and in the event of a fire any breach of this sub-clause by the Hirer the Owner shall be entitled (but shall not be bound) to pay to any third party such sums as is necessary to procure the release of the Goods from any charge, mortgage, pledge, encumbrance or other emergency lien and shall be entitled to recover such sum from the Hirer forthwith together with interest thereon at the rate provided in Clause 5 hereof.
(t) Not to sell, mortgage, charge, demise, sub-let or otherwise dispose of any land or building on or in respect of which the Goods are kept or enter into any other security or health and safety matters.
10.2 The Hirer shall not hold itself out contract to be connected to wallacespace, nor, without the prior written consent of wallacespace, use the wallacespace name or logos on do any promotional or other materials.
10.3 The Hirer will not affix any poster, notice, placard, sign or other item to any part of the Venue or Room nor erect any display or stand unless wallacespace’s prior written agreement has been obtained.
10.4 The Hirer will be responsible for keeping proper order and for ensuring that all Delegates behave in an appropriate manner. This includes aforesaid things without giving the treatment of wallacespace staff with respect, not causing damage to the Venue or Equipment, not introducing any malicious or technologically harmful material to wallacespace’s tech systems and not using the tech systems for any unlawful purpose. wallacespace reserves the right to exclude any Delegate from the Venue who does not behave in such a manner.
10.5 Externally purchased or produced food and drink may not be brought into the Venue for consumption. In particular, other than that supplied by wallacespace, wines, spirits or other beverages are not permitted to be brought into the Venue for consumption unless prior written consent has been given by wallacespace and wallacespace’s “corkage” charges from time to time shall be added to, and payable with, the Price.
10.6 The Hirer shall indemnify wallacespace from and against all claims, demands, actions, costs, expenses, damages, penalties or proceedings arising out of or connected with any loss or theft of or damage to any property of any person Owner at the Venue, damage to the Venue or Facilities, or any death or injury of any person at the Venue as a result of any act or omission of the Hirer or its officers, employees, agents or Delegates or any other person on the Venue with the actual or implied authority of any of them.
10.7 The Hirer shall maintain in force, with a reputable insurance company, public liability and any other insurance at an amount not less than £2,000,000 to cover the liabilities that may arise under or in connection with the Agreement and shall produce to wallacespace on request both the insurance certificate giving details of cover and the receipt for the current year's premium in respect of each insurance.least six
Appears in 1 contract
Samples: Hire Purchase Agreement