HIRE AGREEMENT DEFINITIONS:
"The COMPANY" means CINEGEAR (S) Pte Ltd (Company no.: 200310627R). The
COMPANY'S premises are at 27 Tessensohn Road Singapore 217698. "The Hirer" means
the person(s) hiring the equipment from the COMPANY. This includes all persons acting on
behalf of or under the instructions of the hirer.
All equipment is hired strictly on the basis of all the terms and conditions listed in this
agreement.
By hiring from the COMPANY the hirer will be deemed to have accepted all the
terms and conditions of this agreement without qualification and will be bound by
them in respect of each and every hiring transaction between the COMPANY and the
hirer. The COMPANY reserves the right to charge a cancellation fee of 50% of the
rent otherwise chargeable for cancellation of confirmed bookings if notification is less
than 48 hours from date of booking.
The hirer shall not assign, transfer or sublet their rights under this agreement and
will not pledge, mortgage or encumber the equipment or their rights under this
agreement. The hirer will comply with all relevant laws and regulations when using
this equipment.
The hirer shall advise the COMPANY at all times of the situation of the equipment
and shall not remove the equipment out of Singapore, or without the prior consent in
writing of the COMPANY allow it to be used on any abnormal or hazardous
assignment. The equipment is not to be used where it could be affected by salt or
water or atmospheric corrosion.
The hirer acknowledges receipt of equipment in good working order and good
condition. The COMPANY will not be responsible for incomplete kits or incorrect
functioning of equipment. Although the COMPANY uses a thorough checking system
it is the responsibility of the hirer to check the functioning and adequacy of the
particular piece of equipment for the task required of it.
RISK & INSURANCE: Except for normal fair wear and tear of the equipment, the
hirer shall be responsible and hereby accepts responsibility for the care and
safekeeping of the equipment from the time the equipment is picked up at the
COMPANY'S premises at 27 Tessensohn Road Singapore 217698 PROVIDED
HOWEVER that in any case where the COMPANY agrees to deliver or pick up the
equipment the hirer shall continue to be liable under the forgoing provisions of this
Clause from the time the equipment leaves the COMPANY'S premises at 27
Tessensohn Road Singapore 217698, until the equipment is returned to the
COMPANY'S premises from which it has been uplifted.
INSURANCE: The COMPANY shall be entitled to demand and recover from the
hirer any losses (including costs) incurred by the COMPANY in respect of loss or
damage to the equipment howsoever arising except to the extent of any cover
provided by any insurance held. Notwithstanding any insurance cover in respect of
the equipment the hirer shall remain liable under the provisions of this agreement
and shall also be liable to pay rental for the equipment at the rate applicable for the period of hire until the equipment lost or damaged is replaced or repaired as the case
may be.
Any loss of or damage to the equipment shall be forthwith notified to the
COMPANY and the hirer will at the request of the COMPANY take any steps
reasonably required of them by the COMPANY in respect of making reports to the
COMPANY and its insurer, the Police or appropriate authorities concerning any such
loss or damage. The hirer will not do any act or thing whereby any insurance in
respect of the equipment may be prejudiced in any way.
The hirer acknowledges that failure to comply with the conditions specified herein
for the proper use and handling of the equipment will in most cases void the cover.
The hirer further acknowledges that they have been advised that where
insurance arranged by the COMPANY does extend to cover any loss of or damage to
equipment the hirer will (in addition to any other amounts which he may become
liable to pay hereunder) be liable to pay the policy excess for the amount stipulated
on the front of this contract. Where the insurance claim arises out of burglary or theft
the hirer will pay the policy excess of S$3500 or up to 15% of the cost of equipment
per claim.
The hirer shall return the equipment to the COMPANY by the expiry of the hire
period in good working order and condition, and shall inform the COMPANY of any
damage or defect arising during the hiring or any incident that occurred during the
hiring likely to cause such defect or damage.
Return of equipment in a dirty or improperly packaged condition will attract a
S$50 surcharge at the discretion of the COMPANY.
The hirer shall ensure all equipment is used in a skilful and proper manner by
persons with the necessary experience and familiarity with that type of equipment.
The hirer will not attempt to adjust or repair or interfere with equipment except where
it is necessary for its proper and normal use.
The hirer must take all reasonable precautions for the safety and security of the
equipment and protect it from all climatic and atmospheric conditions.
The hirer is liable for any damage to or destruction of equipment from any cause
whatsoever (including the acts whether negligent or not, of any person) from the time
the equipment leaves the COMPANY'S premises to when it is returned.
Except to the extent implied by any statute or regulation in force the COMPANY
makes no warranties or representations in respect of the equipment and the hirer
accepts the equipment relying on their own knowledge and opinion of the equipment
AND the COMPANY will not be held liable for any loss of the hirer howsoever
occasioned as a result of the equipment not being fit for any use to which it is put to
by the hirer.
In any case where repairs are required to the equipment during the period of hire,
the hirer will in every case forthwith advise the COMPANY. By attempting an
unauthorized repair or technical adjustment the hirer will void the insurance cover
held by the COMPANY. ALL such repairs whether carried out by the COMPANY or a
repairer approved by the COMPANY shall in every case be at the cost of the hirer
who shall also be responsible to pay rental for any equipment on which repairs are
carried out at the rate applicable for the period of hire up to the date the equipment is returned to the COMPANY in full working order.
In the event of the hiring being terminated under any provisions of this
agreement the hirer shall forthwith at their own risk and cost, deliver up the
equipment to the COMPANY'S respective premises PROVIDED HOWEVER that in
the event that the hirer shall neglect and/or refuse to so redeliver the equipment to
the COMPANY, it is hereby agreed that the COMPANY, its servants and agents may
without previous notice enter into and upon any premises where the equipment or
any item or items thereof may for the time being be situated and seize and retake
possession thereof. It is further agreed that the hirer shall be liable to pay upon
demand all costs and expenses of and incidental to any such retaking of possession
incurred by the COMPANY.
No exercise by the COMPANY of any right of termination under any provision
express or implied hereunder shall operate to relieve the hirer from any liability
hereunder.
No granting of time or other indulgence offered or granted by the COMPANY
shall operate to restrict the exercise or any of the rights available to the COMPANY
hereunder or under the general law against the hirer or any other person.
If the hirer shall make default in punctual payment of any sum payable hereunder
or if they shall be adjudged bankrupt or shall enter into any agreement for the benefit
of their creditors or if any execution of distress shall be levied against them and
remain unsatisfied, or being a company if the hirer shall be placed in receivership or
go into liquidation or if the hirer shall fail to observe or perform or shall commit a
breach of any stipulation or condition expressed or implied hereunder, then in any
such case the COMPANY may without further notice terminate the hiring.
Where any person signs this agreement on behalf of any hirer, the person so
signing warrants that s/he is duly authorized by the hirer to enter into this hire
agreement. All equipment is reserved and hired strictly on the basis of these Terms
and Conditions of Business. By reserving, hiring or buying from the Company, under
oral or written agreement, the hirer will be regarded as having accepted without
qualifications these Terms and Conditions and to accordingly be bound by them in
respect of each and every reservation, hiring or purchase transaction between the
Company and the hirer.
The COMPANY retains the right to seek credit information about the hirer from
any source the COMPANY considers appropriate from time to time as and when the
COMPANY considers necessary, and the hirer consents to the disclosure of credit
information about the hirer to the COMPANY from any source.
The hirer consents to the COMPANY disclosing information held about the hirer
to any company or any marketing or promotions agency or company employed by
the COMPANY, and to the COMPANY using information held about the hirer to
enable the COMPANY or any marketing or promotion agency or company employed
by the COMPANY to provide the hirer with information relating to the COMPANY'S
equipment.
The COMPANY retains the right, in the event the hirer fails to pay for the rent of
the equipment(s), to provide details of the hirer and the hirer's debt(s) to any entity
the COMPANY chooses for the purposes of collection.
Information about other individuals supplied by the hirer has been disclosed to the COMPANY with their consent.
The hirer understands that s/he is entitled to have access to and request the
correction of information held by the COMPANY and the names and addresses of the
entities and the companies to which the COMPANY has disclosed information about
the hirer.
Failure to pay rental by the due date may result in further deliveries being
stopped until the overdue payments have been made. The COMPANY reserves the
right to request from the hirer such guarantee or security as it may think desirable to
secure to the COMPANY all sums due by the hirer, and may refuse to supply further
equipment(s) to the hirer until such security is given.
In the event of default by the hirer, the COMPANY shall be entitled to demand
and recover from the hirer interest on any amount outstanding calculated from the
date such sum or sums were due to be paid to the COMPANY until the date of the
actual payment thereof whether before judgment or after judgment payable at the
COMPANY'S then current overdraft rate plus 2% per month thereon ("the penalty
interest"). In addition to payment of rental and the penalty interest the hirer will also
be liable to pay to the COMPANY upon demand all and any legal expenses and
costs incurred by the COMPANY (on a solicitor and own client basis) in the process
of recovery and/or attempted recovery of money and/or equipment from the hirer.
The hirer may not set-off against the rental payable any claims which the hirer
may have against the COMPANY. The COMPANY may accept and apply payments
from the hirer in respect of any indebtedness and the COMPANY will not be bound
by any conditions or qualifications attaching to such payments.
The COMPANY may set-off against any moneys owed by the COMPANY to the
hirer any moneys which the hirer owes to any subsidiary or related companies of the
COMPANY so that the obligation of the COMPANY to the hirer shall be to pay the
net balance only. If any of the COMPANY'S subsidiary or related companies owe
moneys to the hirer, then they may set-off against such moneys any moneys owed
by the hirer to the COMPANY in respect of any rent and shall only be liable to pay
the net balance and the hirer agrees that this provision is made for the benefit of
such subsidiary and related companies of the COMPANY and may be enforced
directly by them in their own respective names.