EXHIBIT 3.3
ORIGINAL
Dated this 24th day of August, 2001
BETWEEN
ANGELES RUBBER PRODUCTS SDN. BHD.
(27778-M)
AND
DSG (MALAYSIA) SDN. BHD.
(472990-P)
----------
TENANCY AGREEMENT
----------
MESSRS XXXXXX XXX & ASSOCIATES
ADVOCATES & SOLICITORS
000-x, (0XX XXXXX)
XXXXX XXX XXXXXXXXXX
00000 XXXXX XXXXXX
THIS TENANCY AGREEMENT is made the 24th day of August, 2001 BETWEEN ANGELES
RUBBER PRODUCTS SDN. BHD. (27778-M), a company incorporated in Malaysia with its
registered office at AG-10, Block A, Happy Mansion, Jalan 17/13, 46400 Petaling
Jaya, Selangor Darul Ehsan (hereinafter referred to as "the Landlord") of the
one part AND DSG (MALAYSIA) SDN. BHD. (472990-P), a company incorporated in
Malaysia with its registered office at Xx. 00X, Xxxxx XX 00/00, Xxxxxxxxx
Xxxxx, 00000 Petaling Jaya, Selangor Darul Ehsan (hereinafter referred to as
"the Tenant") of the other part.
WHEREAS:-
(a) The Landlord is the registered owner of all that piece of land held under
Xx. X.X. 00, Xxx Xx. 000, Xxxxxx Xxxxxx Xxxxxx, Mukim Damansara, Daerah
Petaling, Negeri Selangor measuring approximately 1.214 hectare in area
(hereinafter referred to as "the Land") together with a factory lot erected
thereon known as Xxx Xx. 000, Xxxxx Xxxxxx 0, Xxxxxx Xxxxxx Industrial Park
47500 Subang Jaya, Selangor Darul Ehsan and more particularly delineated in
the site and building plans annexed hereto in Schedule 1 together with the
existing fixtures and fittings in the factory lot specified in Schedule 2.
The Land and the factory lot erected thereon together with the fixtures and
fittings are hereinafter collectively referred to as "the said Premises".
(b) The said Premises is presently charged to Public Bank Berhad of B2 & X0,
Xxxxx XX 00/0X, 00000 Xxxxxx Xxxx, Xxxxxxxx Darul Ehsan (hereinafter
referred to as "the Chargee") vide Presentation Nos. 1227/92 Jilid 171
Folio 95, 1228/92 Jilid 171 Folio 96, 2623/95 Jilid 272 Folio 53, 2624/95
Jilid 272 Folio 54, 173/98 Jilid 355 Folio 63 and 597/2000.
(c) The final Certificate of Fitness for Occupation (hereinafter referred to as
"Certificate of Fitness") to the said Premises has not yet been issued.
(d) The Landlord agrees to let and the Tenant agrees to take on let the said
Premises upon the terms and conditions hereinafter contained.
NOW THIS AGREEMENT WITNESSETH as follows:-
l. In consideration of the Tenant entering into this Tenancy Agreement the
Landlord shall do the following :-
-------------------------
[Illegible]
-------------------------
-------------------------
PUSAT SETEM
19.9.01 [GRAPHIC]
PETALING JAYA
-------------------------
-------------------------
MALAYSIA
862200 [GRAPHIC]
-------------------------
[SEAL] [SEAL]
1
a) To procure and obtain the Certificate of Fitness to the said Premises.
b) To obtain the approval from Tenaga Nasional Bhd. and/or other relevant
authorities for the upgrading in the power supply serving the said
Premises to 2,000 Amp.
c) Upon receipt of all approvals from the relevant authorities, the
Landlord shall complete the upgrade in the power supply serving the
said Premises to 2,000 Amp.
d) To carry out the following renovation works at the said Premises:-
(1) To construct an office space at the front portion of the said
Premises measuring in area of approximately 12,000 square feet.
For the purposes of identification, the office space area is
delineated and coloured RED in the floor plans annexed hereto in
Schedule 3.
(ii) To build and to provide facilities such as the following at every
floor of the said Premises in accordance with the floor plans
annexed hereto in Schedule 3:-
1. One (1) male wash room consisting of 1 squatting lavatory, 1
sitting lavatory, 2 standing urinary bowls and 2 wash
basins; and
2. One (1) female wash room consisting of 1 squatting lavatory,
2 sitting lavatories and 2 wash basins.
3. To build a pantry complete with one (1) sink.
e) To install two (2) power supply switch boxes, one at each floor of the
said Premises.
f) To level the floor of the said Premises to not more than 2 inches
gradient from all sides of the walls.
g) To procure and obtain the Chargee's written consent to this Agreement
and to deliver to the Tenant a copy of the Chargee's written consent
to this Agreement (said copy to be duly certified true copy by the
Chargee).
[SEAL] [SEAL]
2
h) To deliver all the documents listed in Schedule 1 and Schedule 2
herein to the Tenant.
2. The Landlord hereby lets and the Tenant hereby takes on let the said
Premises for a term of three (3) years commencing on the 1st day of
December 2001 and expiring on the 30th day of November, 2004 at the monthly
rent of Ringgit Malaysia Ninety Thousand (RM90,000.00) only payable monthly
in advance on or before the seventh day of each and every month during the
term of this Tenancy without any deduction whatsoever and upon the terms
and conditions herein contained.
3. The Landlord shall allow the Tenant to have vacant possession of the said
Premises rent free with effect from the 1st day of December 2001 for the
purposes of renovation of the said Premises.
4. It is hereby agreed that in the event the Tenant requires to move the
Tenant's machineries or part thereof into the said Premises before the 1st
December 2001 for the purposes of storage, the Tenant shall forward a
written request to the Landlord to obtain the Landlord's consent in respect
thereof but such consent shall not be unreasonably withheld.
5. The Landlord agrees that he shall comply with all conditions in Clause 1
above except for Clause 1(b) and 1(c) on or before the 30th day of
November 2001.
6. If all the conditions in Clause 1 above including Clause 1(b) and 1(c) have
not been fully complied with by the Landlord on or before the 30th day of
November 2001, the Landlord shall provide the Tenant with a portable
generator set of 200 amps for the use of the Tenant at the said Premises
until all conditions in Clause 1 have been fully satisfied.
7. If all conditions in Clause 1 above have been complied with by the Landlord
on or before the 15th day of December 2001, the Tenant shall commence to
pay rental to the Landlord on the 1st day of January 2002.
8. In the event that all the conditions in Clause 1 have not been fully
satisfied by the Landlord on or before the 15th day of December 2001, the
Landlord agrees that the Tenant shall be entitled to possession of the said
Premises rent free with effect from 1st January 2002 for the corresponding
number of days delayed ("Delay Period"). In such event, rental shall only
be payable to the Landlord on the next working day following the expiry of
the Delay
[SEAL] [SEAL]
3
Period calculated with effect from 1st January 2002. The rental payment for
the fourth month shall be adjusted accordingly after making such
deductions, as the case may be.
9. THE TENANT HEREBY COVENANTS WITH THE LANDLORD as follows:-
(a)(i) On the execution of this Agreement to pay the Landlord the rental
payment in advance in respect of the second and third month in the sum
of Ringgit Malaysia One Hundred and Eighty Thousand (RM180,000.00)
only.
(a)(ii) On the execution of this Agreement to pay the sum of Ringgit
Malaysia Ninety Thousand (RM90,000.00) only which together with the
xxxxxxx deposit of Ringgit Malaysia Ninety Thousand (RM90,000.00) only
paid prior to the execution of this Agreement by the Tenant to the
Landlord (the receipt whereof is acknowledged by the Landlord) as a
security deposit for the performance and due observance by the Tenant
of all the Tenant's covenants herein contained. The said security
deposit of Ringgit Malaysia One Hundred and Eighty Thousand
(RM180,000.00) only shall be maintained at the same sum throughout
the term of this Tenancy and shall not be deemed to be or treated as
payment of rent, provided that the Landlord shall be entitled on the
expiration of the term of this Tenancy or earlier determination
thereof and with prior notice to the Tenant, deduct therefrom whatever
sum or sums that may be due to the Landlord as rent or for the costs
of any repairs or replacements or of any damage to or loss caused to
the said Premises or the fixtures and fittings thereon and therein and
in the event the utilities deposit is not sufficient to pay for the
charges for water, electricity and other outgoings due to the
appropriate authority by the Tenant, then the Landlord is entitled to
deduct from the security deposit whatever sum or sums to pay same to
the appropriate authority. The Landlord shall thereafter return the
balance, if any, to the Tenant without interest thereon PROVIDED
ALWAYS THAT any deduction made by the Landlord from the said security
deposit shall not prejudice the right or claim of the Landlord against
the Tenant for any breach of the provisions of this Agreement by the
Tenant. If the Landlord fails to refund the monies to the Tenant
within fourteen (14) days of payment to the appropriate authority, the
Landlord shall
[SEAL] [SEAL]
4
pay interest at the rate of 8% per annum on the said sum calculated
daily from the 15th day until the actual receipt of the monies by the
Tenant.
(a)(iii) On the execution of this Agreement to further pay the Landlord the
sum of Ringgit Malaysia Ninety Thousand (RM90,000.00) only as utility
deposit for all charges of water, sewerage, electricity and other
utilities in respect of the said Premises. Such aforesaid deposit for
utilities shall be refunded free from any interest to the Tenant upon
the expiry of the term hereby created or sooner determination thereof
after the Tenant has furnished to the Landlord documentary evidence
that all outstanding charges for water, electricity and other
outgoings payable by the Tenant in respect of the said Premises have
been paid by the Tenant. If the Landlord fails to refund the monies to
the Tenant within fourteen (14) days of the Tenant furnishing the
said documentary evidence to the Landlord, the Landlord shall pay
interest at the rate of 8% per annum on the said sum calculated daily
from the 15th day until the actual receipt of the monies by the
Tenant.
(b) Upon execution of this Agreement, the Tenant shall forward the
following documents to the Landlord or their solicitors :-
i) A certified true copy of the Tenant's Memorandum and Articles of
Association; and
ii) A certified true copy of a board resolution ratifying the letting
of the said Premises.
(c) To pay to the Landlord the rent hereby reserved in accordance to
Clause 2 preceding.
(d) To promptly pay all charges in respect of conservancy water
electricity and telephone supplied to or used in the said Premises and
any other outgoings in respect of the said Premises as are not
specifically provided in this Agreement to be paid by the Tenant.
(e) To keep the interior and exterior of the said Premises including
generally all windows, glass shutters, locks, fastenings, keys, bells,
electric, wiring and fittings and other fixtures and particularly the
flooring in upon and belonging to the said Premises and the water
[SEAL] [SEAL]
5
closets lavatories including partitions and conveniences of which the
Tenant has the exclusive use as the sole occupants, the wall,
finishes, skirting and all walls clean and in good and tenantable
repair and conditions (fair wear and tear only excepted) to the
satisfaction of the Landlord and the public health and/or any other
relevant authority and shall replace any glass fixtures or fittings
which shall be broken or damaged due to the negligence or careless
acts or omission of the Tenant or its agents or servants.
(f) Not to damage cut or alter any of the walls ceilings partitions
timbers or floors of the said Premises without the Landlord's
previous consent nor without the like consent and the consent (if
necessary) of the local authority to make any structural or other
alterations or additions to the said Premises or any part thereof.
(g) Not to do or permit or suffer anything to be done in or upon the said
Premises or any part thereof which may be or become a nuisance or
annoyance or disturbance to the other tenant occupiers or lessees of
the neighbouring premises.
(h) To use the said Premises for the purpose of the manufacture and
distribution of disposable soft goods and for purposes ancillary
thereto and not to use the said Premises or suffer or permit the same
to be used for any other purposes whatsoever except with the previous
consent of the Landlord which consent shall not be unreasonably
withheld.
(i) Not to bring or permit or suffer to be brought in or upon the said
Premises or any part thereof any goods articles or things of an
objectionable noxious combustable inflammable explosive or dangerous
nature and not do to or permit or suffer to be done on the said
Premises anything whereby the policy or policies of insurance against
loss or damage by fire and against such other causes as the Landlord
may deem necessary for the time being subsisting may become void and
voidable or whereby the rate or rates of premium thereof may be
increased and to repay to the Landlord on demand all sums from time to
time paid by way of increase premium in respect of the said Premises
and all expenses incurred in or about the renewal of any policy or
policies rendered necessary by a breach of this covenant.
[SEAL] [SEAL]
6
(j) To comply with all written laws, bye-laws, rules and regulations and
directives of the appropriate authority affecting the said Premises or
for the health, safety and welfare of persons employed to work in the
said Premises which are now in force or which may hereinafter be
enacted or issued.
(k) To notify the Landlord immediately in writing upon receipt of any
notice which may affect the said Premises or the Landlord.
(l) Not to assign underlet or part with the possession of the said
Premises or any part thereof without the prior written consent of the
Landlord.
(m) To permit the Landlord or his authorised agents upon giving one (1)
week's previous notice in writing at all reasonable and convenient
times to enter the said Premises and examine the state of repair and
condition thereof and to check and take inventories of the Landlord's
fixtures and fittings and equipment therein and that the Tenant shall
repair and make good all defects decays and wants of repair thereto of
which notice of writing shall be given by the Landlord to the Tenant
and for which the Tenant may be liable hereunder within one (1)
calendar month after the receipt of such notice PROVIDED that in case
of default by the Tenant, the Landlord may make good such defects
decays and wants of repair and the cost of the same shall be repayable
by the Tenant to the Landlord on demand.
(n) Should any damage be done by the Tenant, its agents or servants to the
said Premises or any part thereof by the installation use or removal
of any plant machinery sign or other fittings, the Tenant shall repair
forthwith and made good such damage to the satisfaction of the
Landlord
(o) To take such measures as may be necessary to ensure that any effluent
discharged into the drains or sewers which belong to or are used for
the said Premises in common with other premises will not be corrosive
or in any way harmful to the said drains or sewers or cause any
obstruction or deposit therein and to ensure that all measures taken
shall be in compliance with the requirements of the Department of
Environment (DOE).
(p) To be responsible for and to indemnify the Landlord against all
[SEAL] [SEAL]
7
damage occasioned to the said Premises or any adjacent or neighbouring
premises or to any person caused by any act default or negligence of
the Tenant or the servants agents or invitees or licensees of the
Tenant and to pay and make good to the Landlord all and every loss and
damage whatsoever incurred or sustained by the Landlord as consequence
of every breach or non-observance of the Tenant's covenants herein
contained and to indemnify the Landlord from and against all cost
claims liability and expenses thereby arising.
(q) Not to make any alterations or additions to the said Premises or erect
any new buildings thereon without the consent of the Landlord and the
approval of the Landlord to the plans and specification thereof and if
such consent and approval is given to make such alterations or
additions in conformity with such plans and specifications and to the
approval of the Landlord and upon such terms as the Landlord may
consider just.
(r) At the expiration or sooner determination of this Tenancy, peaceably
and quietly to yield up the said Premises to the Landlord in
tenantable repair and condition (fair wear and tear only excepted) and
to make good at the Tenant's own cost and expense any damage caused by
the Tenant in any way and in the removal of the sign signboard
lettering posters or advertisement or any fixtures or fittings from
the said Premises. The Tenant shall also at its own costs restore the
said Premises to its original state and condition if so required by
the Landlord.
(s) To obtain and maintain or cause to be obtained and maintained at the
Tenant's own costs and expense all licences, permits, approvals and
other consents from the relevant authorities for the carrying on or
conduct of the business of the Tenant in the said Premises.
(t) To indemnify and keep indemnified the Landlord against summonses
actions proceedings claims and demands costs damages and expenses
which may be levied brought or made against the Landlord or which the
Landlord may pay sustain or incur by reason directly as a result of
any act or omission of the Tenant or use of the said Premises.
(u) In the event the road(s) within the compound of the said Premises is
[SEAL] [SEAL]
8
damaged by the vehicles or things brought in by the Tenant (fair wear
and tear excepted), the Tenant shall within one (1) month after
service of a notice from the Landlord requiring repair to be carried
out proceed diligently with the execution of such repairs or works,
failing which, the Landlord, its authorised agents or workmen shall be
entitled to enter upon the said Premises and execute such repairs or
works and the costs thereof shall be a debt due from the Tenant to the
Landlord and be forthwith recoverable by action.
(v) Subject to prior written notice specifying the date and time to the
Tenant, the Tenant shall at all times during the three (3) calendar
months immediately preceding the determination of the term of this
Tenancy permit intending tenants and others with the authority from
the Landlord and its agents at reasonable times of the day to view the
said Premises.
(w) To procure and do whatever necessary to effect the registration of the
water and electricity account in the name of the Tenant and to pay all
deposit and connection charges thereof with effect from the date
vacant possession of the said Premises is delivered to the Tenant.
(x) At all times through the term hereby granted:-
i) insure and or caused to be insured all such goods, merchandise,
plant, equipment, machinery, effects and things whatsoever of the
Tenant in the said Premises against such loss or damage by fire
and such other comprehensive risks and the Landlord shall not be
liable for any loss which may be suffered by the Tenant in
defaulting to insure the same.
ii) cause to be effected an all risk public liability insurance
policy against any claims for loss or damages arising out of any
injuries or death caused to or damage to any person or persons
and or their effects in the said Premises or part thereof
(y) To keep the said Premises free of rodents, insects and pests and in
breach whereof it shall be lawful for the Landlord (without prejudice
to any other rights or remedies conferred upon the Landlord against
the Tenant under any other provisions of this Agreement) to engage
such firm of pest exterminators to carry out
[SEAL] [SEAL]
9
periodic inspection of the said Premises and take such steps and
precautions as may be necessary to rid the said Premises of such
rodents, insects and pests at the cost and expense of the Tenant.
(z) To install the central air conditioning system in the said Premises in
the A.H.U. room provided for by the Landlord. In the event separate
units of air conditioners need to be installed, the Tenant shall
install split units of air conditioners only.
(aa) To carry out all internal electrical wiring works in the office space
of the said Premises and to conceal the said wiring in the office
space.
10. THE LANDLORD HEREBY COVENANTS WITH THE TENANT as follows:-
(a) To comply with all the terms and conditions in Clause 1 herein.
(b) The Landlord shall deliver all the documents specified in Schedule 4
herein to the Tenant and shall ensure that the said Premises are
equipped with fire fighting equipments and safety features in
compliance with the requirements of the fire department within one (1)
month after receipt by the Landlord of a confirmation from the Tenant
that the Tenant's renovations in the said Premises are complete.
(c) Upon execution of this Agreement, the Landlord shall forward the
following documents to the Tenant or its solicitors:-
i) A certified true copy of the Landlord's Memorandum and Articles
of Association; and
ii) A certified true copy of a board resolution ratifying the letting
of the said Premises.
(d) To pay all present and future rates, taxes, quit rents and assessments
in respect of the said Premises.
(e) To maintain and keep the roof and structure of the said Premises in
good repair and condition throughout the tenancy hereby created.
[SEAL] [SEAL]
10
(f) To insure and keep insured the said Premises during the term hereby
granted against loss or damage by fire or tempest and against such
other cause as the Landlord may deem necessary in the full value
thereof (the goods and belongings of the Tenant in the said Premises
which are to be insured by the Tenant are excepted) and to cause all
monies received by virtue of such insurance to be laid out forthwith
in rebuilding and reinstating the said Premises and to make up any
deficiency out of their own money provided that the Landlord's
obligation under this covenant shall cease if the insurance shall be
rendered void by reason of any act or default of the Tenant, and in
case the said Premises or any part thereof shall at any time be
destroyed or damaged by fire or tempest so as to be unfit for
substantial occupation or use and the policy or policies effected by
the Landlord shall not have been invalidated or payment of the policy
monies refused in consequence of some act or default of the Tenant,
the rent hereby reserved or a just and fair proportion thereof
according to the nature and extent of the actual damage done or as
certified by an independent surveyor appointed by both parties, shall
be suspended as from the happening of the said fire and tempest until
the said Premises shall be again rendered fit for occupation and use
but the tenancy shall in no way be invalidated.
(g) To permit the Tenant to exhibit on the said Premises any sign
signboards lettering poster advertisement or any of such kind for the
purpose of carrying out its business Provided Always that the Tenant
shall have first obtained the approval of the local authority or
relevant authority.
(h) That the Tenant paying the rent hereby reserved and performing and
observing the terms and conditions herein contained and on the
Tenant's part to be observed and performed shall and may peaceably and
quietly hold and enjoy the said Premises during the said Tenancy
without any interruption or disturbance from or by the Landlord or any
person or persons rightfully claiming under or in trust for the
Landlord.
[SEAL] [SEAL]
11
11. PROVIDED ALWAYS AND IT IS HEREBY AGREED BETWEEN THE PARTIES HERETO as
follows:-
(a) This tenancy shall be read and construed as if it had been executed by
both parties on the day of the commencement of the term hereby
granted.
(b) If the rent hereby reserved or any part hereof shall be in arrears and
unpaid at any time for seven (7) days after becoming due whether
formally demanded or not or if any of the other covenants stipulations
or agreements on the part of the Tenant herein contained shall not be
performed or observed or if the Tenant or other persons or person in
whom for the time being during the term hereby created shall be vested
shall have a receiving order made against them or him or shall become
bankrupt or upon the liquidation or winding up of the Tenant otherwise
than upon reconstruction or amalgamation or if the Tenant shall make
any assignment for the benefit of or enter into any arrangement with
their or his creditors or if the Tenant shall permit any execution to
be levied on the said Premises then and in any such cases it shall be
lawful for the Landlord at any time thereafter to re-enter upon the
said Premises or any part thereof in the name of the whole and
thereupon this Tenancy shall absolutely determine but without
prejudice to the right of action of the Landlord in respect of any
breach of the Tenant's covenants herein contained.
(c) The Landlord sha11 on the written request of the Tenant made not less
than three (3) months before the expiration of the term hereby created
and if there shall not at the time of such request be any existing
breach or non-observance of any of the covenants on the part of the
Tenant herein contained grant to the Tenant a tenancy of the said
Premises for a further term of two (2) years from the expiration of
the term hereby created subject to the same terms and conditions as
are herein contained Provided That the rental shall be such sum as the
parties hereto shall mutually agree to having regard to the then
prevailing market rate for similar tenancies within the vicinity of
the said Premises.
(d) Notwithstanding clause 8(b) preceding, in the event the quit rent and
assessment payable by the Landlord in respect to the said Premises or
the factory lot on which the Land is built being increased from
[SEAL] [SEAL]
12
time to time above those payable as at the date of this Agreement,
then and in such an event the Tenant shall pay to the Landlord on
demand the said increase SAVE AND EXCEPT that any increase in the
assessment in respect of the said Premises for the year 2002 only
shall be borne by the Landlord.
(e) Without prejudice to any other rights and remedies the Landlord may
have, in the event the Tenant shall default in the payment on the due
date of any rent payable by the Tenant herein reserved the Tenant
shall pay to the Landlord interest at the rate of eight per centum
(8%) per annum calculated from the date of such default until the date
of payment of the amount thereof.
(f) Any waiver, knowledge or acquiescence by either of the parties hereto
of any breach of any provision of this Agreement shall not be deemed
to be a waiver of such term and condition or any subsequent breach of
the same or of any other provision.
(g) Each party shall bear their own solicitor's costs of and incidental to
the preparation and completion of this Agreement but the stamp duty
payable thereon shall be borne by the Tenant.
(h) Any notice or other documents or writing required to be served,
delivered or given under this Agreement by one party to the other
party shall be in writing and may be given by hand or sent (by first
class post, by prepaid Registered Post, telex, facsimile transmission)
to the last known address of the Tenant or to the said Premises and
on the Landlord addressed to the last known address of the Landlord
and every such notice or the like shall be deemed to have been given
at the time when in the ordinary course of transmission it should have
been delivered at the address to which it was sent.
(i) This Agreement contains the entire agreement between the parties
hereto, supersedes all previous agreement and understandings between
the parties with respect thereto, and may not be modified except by an
instrument in writing signed by the duly authorised representatives of
the parties.
(j) This Agreement shall be binding on the successors in title, heirs,
assigns and/or representatives of the parties herein.
[SEAL] [SEAL]
13
(k) In this Agreement where the context so admits the expression
"Landlord" and "Tenant" include the respective permitted assigns of
the parties hereto and word importing the singular number shall
include the plural number and vice versa and word importing the
masculine gender only include the feminine and neuter genders and the
word "month" means "calendar month".
********************
(This space is intentionally left blank)
[SEAL] [SEAL]
14
IN WITNESS WHEREOF the parties hereto have hereunto set their hands the day and
year abovewritten.
ANGELES RUBBER PRODUCTS SDN BHD
(27778-M)
SIGNED by )
for and on behalf of the Landlord ) /s/ Illegible
in the presence of :- ) -----------------------------------------
Authorised Signatures
/s/ Xxxxxxx Xxx Xxx Xxxx
------------------------
XXXXXXX XXX GIM CHOO
Advocate & Solicitor
Selangor
SIGNED by ) /s/ Illegible
for and on behalf of the Tenant ) -----------------------------------------
in the presence of :- ) DSG (MALAYSIA) SDN BHD
(CO. XX. 000000-X)
XX. 0 (XXX 000), XXXXX U1/19, SECTION U1,
HICOM GLENMARIE INDUSTRIAL PARK,
40150 SHAH ALAM,
SELANGOR DARUL EHSAN.
TEL :000-0000 0000
FAX :000-0000 0000
/s/ Tan Chiew Guat, Xxxxx
----------------------------------
TAN CHIEW GUAT, XXXXX
Peguambela & Peguamcera
Mahkamah Tinggi
Kuala Lumpur
PREMISES INVENTORY LIST Date: 29th November 2001
----------------------- ------------------
Property Address:
Xxx 000 Xxxxx Xxxxxx 0 Xxxxxx Xxxxxx Industrial Park
47500 Subang Jaya Selangor Darul Ehsan
--------------------------------------------------------------------------------
FACTORY AREA
------------
Build-up Area : 68,341.70 square feet (6,349.1 square meter).
Wall : Half brick and half metal sheet.
Column : Steel column.
Ground Floor : R.C. Slab on piled flooring.
Roof Structure : Structural steelwork with metal roofing sheet.
Windows : Adjustable glass louvres windows.
Entrances : Metal sliding doors.
Washroom : 2 nos.
TNB Substation : 1 no.
Refuse Chamber : 1 no.
Water Tank : 9,600 gallons metal tank.
Height Clearance : 30 feet approximately.
Services : Car Park and Tarmac Driveway.
Fire Protection System
----------------------
Fire Alarm and Detection System.
Sprinkler System.
Hose Reel System.
Hydrant System.
Water Tank : Press metal.
Capacity : 20,000 gallons.
Fire extinguisher : 13 nos powder type and 2 nos carbon type
Electricity Facility
--------------------
Incoming Electricity : 2000 Amp. 3 phase.
Main Switch Box : 1 no (Consumer switch room).
For Factory Block : Industrial down light - 68 nos.
==
: Switch socket outlet - 20 nos.
==
: Emergency light - 20 nos.
==
: "KELUAR" light - 15 nos.
==
Guard House : Light - 1 nos.
==
: Switch socket outlet - 3 nos.
==
External Area : Sodium compound light - 8 nos.
==
: Awning light - 20 nos.
==
OFFICE AREA
-----------
Front Portion Office
--------------------
Build-up Area : 8,000 sq. feet per level (2 levels).
Wall : Plastered brick walls with R.C. floors.
Column : Steel column.
Ground Floor : R.C. Slab with cement rendering.
Roof Structure : Structural steelwork with metal roofing sheet.
Windows : Aluminium frame casement with glass panels.
Entrances : Aluminium frame casement with glass panels.
Washroom : 2 nos with ceramic tiles.
=
Pantry : 2 nos with ceramic tiles.
=
Electricity Facility
--------------------
Main switch box - 2 nos.
=
Lighting point - 8 nos.
=
Switch socket outlet - 8 nos.
=
Back Portion Office
-------------------
Build-up Area : 2,000 sq. feet per level (2 levels) including
TNB substation.
Wall : Plastered brick walls with R.C. floors.
Column : Steel column.
Ground Floor : R.C. Slab with cement rendering.
Roof Structure : Structural steelwork with metal roofing sheet.
Windows : Aluminium frame casement with glass panels.
Entrances : Aluminium frame casement with glass panels.
Washroom : 2 nos with ceramic tiles.
Prayer room : 2 nos with ceramic tiles.
Electricitv Facility
--------------------
Lighting - 36 nos.
==
Switch socket outlet - 28 nos.
==
Air condition unit - 6 nos.
==
Emergency light - 5 nos.
==
"KELUAR" light - 3 nos.
==
Water Supply Meter Reading : Big meter - 146886(2).
: Small meter - 10740(676).
Others:
1. To repair the fire protection system water tank leakage.
--------------------------------------------------------------------------------
2. To cover manholes surrounding the factory with grille covers.
--------------------------------------------------------------------------------
3. To repair the guardhouses at the premises.
--------------------------------------------------------------------------------
4. To replace one unit of the "KELUAR" light that is broken in the factory
--------------------------------------------------------------------------------
area.
--------------------------------------------------------------------------------
5. To touch up paint work :
--------------------------------------------------------------------------------
- l unit sliding door at the factory area.
--------------------------------------------------------------------------------
- the black & white road divider blocks.
--------------------------------------------------------------------------------
6. Roof leaking at the centre of the factory area only.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Remarks : Should there be any other defect, the Tenant shall inform The Landlord
--------------------------------------------------------------------------------
within 14 days in writing from the date of handing over the premises.
--------------------------------------------------------------------------------
We hereby acknowledged of the handing over of the premises from the Landlord to
the Tenant according to the above inventory list and conditions.
/s/ Xxx Xxx Xxx /s/ Ong Xxxx Xxx
---------------------------- ---------------------------
Signed by the Tenant Signed by the Vendor (s).
Name XXX XXX XXX Name ONG XXXX XXX
----------------------- ----------------------
NRIC No 611387461 NRIC No 5667554
-------------------- -------------------
Date 30 Nov 2001 Date 30/11/01
----------------------- ----------------------
/s/ Xxxx Xxxx Wah /s/ Xxx Xxxx Xxx
---------------------------- ---------------------------
Witnessth by: Witnessth by:
Name XXXX XXXX WAH Name XXX XXXX XXX
----------------------- ----------------------
NRIC No 611786816 NRIC No [Illegible]
-------------------- -------------------
Date 30 Nov 2001 Date 30/11/01
----------------------- ----------------------