1. RIGHT TO STORE-CHARGES & FEES
Maker Trading Pte Ltd ('the Provider') hereby agrees the Storer shall have the right to have goods stored in the Space and Facility detailed in the Invoice and accessible at the Designated Location (respectively 'the Space' and 'the Facility' and 'the Designated Location') for the Storage Fee ('the Fee') under the terms set out herein. The Fee shall be paid monthly or periodically otherwise specified, in advance. Fees will be deemed overdue 10 days after the due date and a late charge of $20 will be assessed for each ten days the Fees remain overdue. A service charge of $20 will be charged on all returned cheques. Storer shall also pay a deposit as set out in the Invoice, to be held by Provider for the proper performance of this Agreement, and if applicable, for cleaning and fumigation of the Space after surrender. The deposit shall be mailed to Storer in one month after Storer vacates the Space and after deducting all charges for cleaning, fumigation of the space and the amounts due under this Agreement as well as amounts due to compensate Provider for any arrears of Fees.
Fee Increase: At the expiration of the planned storage as invoiced, Provider shall have the option of increasing the fees to such amounts as in its discretion it regards as appropriate, provided:
A) such an increase will not be greater than 15% of the Fee scale within the last 6 months.
B) shall not occur until 6 months from the invoice date.
2. ASSIGNMENT
The rights of the Stoter are not assignable by Stoter nor will Storer allow others to exercise its storage rights without the written consent of the Provider.
3. TERMINATION AND EXTENSION
If advanced notice of termination is not given by any parties, the storage period shall extend automatically based on the invoiced period. The notice of termination shall be given in writing 7 days before the end of the current period or the extended period, stating the expiration of storage at the end of the next period. Upon expiration, the rights of the Storer shall be terminated and all goods of Storer shall be removed by the date stated in the termination notice.
Provider shall be entitled to terminate this Agreement at any time in writing in the event of death, bankruptcy, liquidation, receivership of Storer or any provision of this Agreement.
Notice is to be given to the address of the Provider¡¯s store (office) and Storer or as specified via written notification of change of address by either party.
4. CONDITIONS OF STORAGE
Storer shall be entitled to have access either in the storage facility or at a location specified by Storer, at access fees specified by the Provider. Storer Shall have access to the Space solely for the purpose of having goods stored. Storer shall not store goods that are explosive, flammable, dangerous, perishable or of a spoiling nature or contain flammable, dangerous, perishable or spoiling substances, or are stolen or illegally held provided that the foregoing shall not in any way restrict the storage of paper or other inert materials. Storer shall not alter the Space or the structure or affix any shelving or other materials, without previous written consent of Provider.
5. CLEANING
On termination the Storer shall ensure the Space is free of refuse, rubbish, grease or debris, otherwise $20 will be charged for cleaning.
6. LOCK AND ENTRANCE
On date of occupancy, the Storer shall be entitled to place a lock on the door of the Space. Provider shall be entitled to inspect the Space at any time. In the event there is a breach or suspected breach of this Agreement, Provider shall be entitled to take such action as it determines to rectify the breach including, if necessary, the breaking of any lock of Storer and entering the Space. If any fees are in arrears, Storer shall be denied access to the Space.
7. RISKS
Provider shall not be deemed to have possession of any goods stored in the Space or be a bailee thereof. All goods are stored at the risk of Storer. Provider shall not be liable whether as a result of the negligence or otherwise of Provider, its employees, agents or contractors for any burglary or damage to or deterioration of any goods, including without limitation damage caused by floods, leakage or overflow of water, vermin, motion, the acts or omission of the employees, agents or contractors of any party having rights to enter the Facility or other causes beyond the control of Provider.
8. LIABILITIES
Storer hereby indemnifies and keeps indemnified Provider from and against all claims, actions, demands, costs, damages, liabilities and proceedings for or in respect of the death or injury of any person or the damage to any property of Storer or or of any other person or company in any way arising out of or relating to any activity of Storer or the servants, agents, invitees and licensees of Storer.
The Fee and charges payable by Storer to Provider under this Agreement do not include GST. If GST is collectable by Provider in respect of supplies under this Agreement, Storer must pay or reimburse Provider GST in addition to the Fee and charges and at the same time as the Fee and charges are required to be paid.
9. BREACH
In the event of any breach by Storer of any provision of this Agreement including without limitation the failure to pay the Fees or other charges by the due dates of payment, Provider is hereby authorized without prejudice to any other remedy it may have as a matter of law to remove and/or sell and/or dump any goods stored within the Space or to permit access to any person or authority having an apparently bona fide interest in or relating to the goods. Provider is authorized to effect sale of the items stored in the Space in the event of any breach upon such terms as Provider determines and Storer shall have no rights or claim against Provider in respect of same save for any surplus of proceeds. Provider¡¯s rights under this clause shall survive the termination of this Agreement. Provider shall be entitled to deduct from the proceeds of any sale all monies owing to Provider on account of Fees or otherwise hereunder. All dumping fees, transport costs or sale expenses shall be to the account of Storer. Stoter hereby agrees that Provider shall be entitled to the remedy of distress pursuant to the Distress Act (Statutes of the Republic of Singapore Cap.84) to recover all Fees and any other monies owing by Storer to Provider payable pursuant to the terms of this Agreement or as a result of any breach by Storer of this Agreement and GST thereon, as if such monies were rent for the purposes of Section 4 of the Distress Act. Storer shall be liable to reimburse all costs and expenses (including legal costs on a full indemnity basis) incurred by the Provider in enforcing any of the provisions of this Agreement.
10.NO WAIVER
Any delay or failure by Provider to exercise any right it may have shall not operate as a waiver of such right. Any waiver of a provision of the Agreement must be in writing by the party waiving such right.