1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
means employees of or consultants to the Customer that have been trained in the relevant aspects of information technology in order to perform maintenance and updates to the Furnishing;
means the customer who is renting the Furnishing subject to these Terms and Conditions;
means the sum payable by the Customer under Clause 3 of these Terms and Conditions and as set out in the Rental Order;
means the location referred to in the Rental Order to which the goods are delivered to and/or collected from;
means The Events Store (Malaysia) Sdn Bhd’s price list, current at the time of the start of the Rental Term;
means the rental of the Furnishing by the Customer subject to these Terms and Conditions;
means the agreement entered into by the Customer and The Events Store (Malaysia) Sdn Bhdincorporating these Terms and Conditions which shall govern the Rental of the Furnishing;
means the sum payable by the Customer for the Rental as determined under Clause 4 of these Terms and Conditions.
means the channel for contact with The Events Store Pte.Ltd. at [email protected]
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means:
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
1.2.4 a Schedule is a schedule to these Terms and Conditions;
1.2.5 a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule; and
1.2.6 a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
1.4 Words imparting the singular number shall include the plural and vice versa.
1.5 References to any gender shall include the other gender.
2. Rental Term
2.1 The agreed Rental Term will be set out in the Rental Order.
2.2 If the Customer wishes to extend the Rental Term they may do so at any time prior to the end of the Rental Term. The Customer must contact The Events Store (Malaysia) Sdn Bhdvia email to arrange such an extension. The Events Store (Malaysia) Sdn Bhdshall use its best and reasonable endeavours to satisfy requests for extensions but cannot guarantee the availability of the Furnishing to the Customer beyond the end of the pre-existing Rental Term.
2.3 The Events Store (Malaysia) Sdn Bhd reserves the right to recall the Furnishing immediately at any time. In the event that The Events Store (Malaysia) Sdn Bhd exercises this right the Customer will be reimbursed for any and all days remaining in the Rental Term or will be issued immediately with replacement Furnishing of the same type or of the closest type thereto at no additional cost. If the Furnishing is not returned to The Events Store (Malaysia) Sdn Bhd on request the Customer shall be deemed to have authorised The Events Store (Malaysia) Sdn Bhd to enter the Premises and use any means necessary to recover the Furnishing. The Customer shall be charged for any costs associated with such recovery.
2.4 Cancellation of Rental Order by the Customer must be contacted via email to The Events Store Pte.Ltd. 48hours before scheduled delivery. The Events Store Pte.Ltd. reserves the rights to charge the Customer 100% of the quoted payment made in respect of the cancelled Rental Order.
3.1 The Customer may be required to pay a refundable Deposit to The Events Store (Malaysia) Sdn Bhd at the commencement of the Rental Term, prior to delivery of the Furnishing. The sum of the Deposit shall be set out in the Rental Order.
3.2 At the end of the Rental Term The Events Store (Malaysia) Sdn Bhd shall have a period of one week within which to fully inspect the Furnishing. If the Furnishing requires cleaning and / or maintenance which is the result of normal wear and tear the Customer will receive the Deposit back in full at the end of the inspection period. In the event that additional cleaning or maintenance is required, The Events Store (Malaysia) Sdn Bhd shall retain the Deposit in full or in part as appropriate and shall provide the reasons for such retention to the Customer in writing, including all relevant calculations and pricing information.
4. Fees, Payment and Penaltie
4.1 The Rental Fees will be determined by reference to the length of the Rental Term, the type and quantity of Furnishing, the Price List and any additional items which may be included in the Rental, as set out in the Rental Order.
4.2 Payment shall be made in part or in full, as set out in the Rental Order, at the commencement of the Rental Term. The Events Store (Malaysia) Sdn Bhd reserves the right to reclaim all delivered items.
4.3 Late payment penalties will be charged at the rate of 5% per month on all overdue accounts, calculated as of the date of delivery or based on stated payment terms.
5. Delivery, Installation and Collection
5.1 Following the receipt by The Events Store (Malaysia) Sdn Bhd of the Deposit and any required Rental Fees The Events Store (Malaysia) Sdn Bhd shall deliver the Furnishing to the Premises on the agreed date, as set out in the Rental Order.
5.2 The Events Store (Malaysia) Sdn Bhd shall use its best and reasonable endeavours to ensure that delivery is made on time but shall not be liable for any failure to do so.
5.3 The Customer or a suitable authorised representative must be available at the Premises at the time of delivery in order to sign for the Furnishing. In the event that the Customer fails to comply with the provisions of this sub-Clause 5.3 it shall be deemed to have accepted delivery of the Furnishing, assumed responsibility thereof and shall not have the right to subsequently dispute the facts of the delivery.
5.4 In the event that The Events Store (Malaysia) Sdn Bhd is unable to deliver the Furnishing due to the Customer’s absence from the Premises (along with that of any authorised representatives) additional delivery charges will be incurred for any necessary re-delivery. Any such additional charges shall be borne by the Customer.
5.5 Certain items of Furnishing may require specialist installation. Unless specifically authorised to do so by The Events Store (Malaysia) Sdn Bhd in writing the Customer may not undertake such installation. Installation of the Furnishing shall be the responsibility of The Events Store (Malaysia) Sdn Bhd. All costs of installation and subsequent removal shall be incorporated into the Rental Fees.
5.6 At the end of the Rental Term, on the agreed collection date the Customer shall ensure that all of the Furnishing is available for collection by The Events Store (Malaysia) Sdn Bhd.
5.7 At the end of the Rental Term, prior to collection in accordance with sub-Clause 5.6, the Customer or a suitable authorised representative must be available at the Premises at the time of collection in order to acknowledge for the return of the Furnishing in good order.
5.8 In the event that any Furnishing is unavailable for collection on the agreed date the Customer shall be required to pay the relevant Rental Fees for the missing items up to and including the day that they are returned to The Events Store (Malaysia) Sdn Bhd (at the Customer’s expense). If those items are not available for collection due to loss or destruction the Customer shall be required to pay the cost of replacement in accordance with The Events Store (Malaysia) Sdn Bhd’s current Price List.
6. Use and Care of the Furnishing
6.1 The Customer may only use the Furnishing for the normal purpose for which it is intended.
6.2 The Customer may only use the Furnishing for legal and legitimate purposes.
6.3 All Furnishing must be used in accordance with any and all operation and safety instructions or similar documentation provided.
6.4 Certain items of Furnishing may require specialist training prior to use. The Customer must ensure that such training is provided to all employees (and any other relevant individuals for whom it may be responsible) that will use the Furnishing during the Rental Term.
6.5 The Customer may only affix or connect other items to the Furnishing where such affixation does not exceed the design limitations of the Furnishing and is not likely to damage it in any way.
6.6 The Customer may not affix the Furnishing to anything unless using fixings approved [and supplied] by The Events Store (Malaysia) Sdn Bhd.
6.7 The Customer shall at all times treat the Furnishing with a reasonable level of care and shall ensure that it is kept clean, subject always to reasonable levels of wear and tear.
6.8 All Furnishing which uses consumables of whatever nature must only be used with official consumables (that is, those produced or recommended by the manufacturer of that particular piece of Furnishing) or such other products as authorised by The Events Store (Malaysia) Sdn Bhd.
6.9 The Customer may not remove Furnishing from the Premises without the prior written consent of The Events Store (Malaysia) Sdn Bhd.
7.1 The Events Store (Malaysia) Sdn Bhd will not be liable for any personal injury or damage to property which results from the use of the Furnishing.
7.2 The Events Store (Malaysia) Sdn Bhd will not be liable for any other loss or damage arising out of any circumstances beyond its reasonable control.
7.3 The Events Store (Malaysia) Sdn Bhd will not be liable to any third parties for any acts of the Customer which may involve the Furnishing.
7.4 Nothing in these Terms and Conditions restricts The Events Store (Malaysia) Sdn Bhd’s liability for death or personal injury arising out of any act or omission of The Events Store (Malaysia) Sdn Bhd.
8.1 Where the Customer is an individual, The Events Store (Malaysia) Sdn Bhd shall be entitled to terminate the Rental Order in the event that:
8.1.1 The Customer is in breach of these Terms and Conditions;
8.1.2 The Customer has had their personal belongings confiscated in order to satisfy debts; or
8.1.3 The Customer has a receiving order made against them.
8.2 Where the Customer is a company, The Events Store (Malaysia) Sdn Bhd shall be entitled to terminate the Rental Order in the event that:
8.2.1 The Customer is in breach of these Terms and Conditions;
8.2.2 The Customer goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.
8.3 In the event of termination for any of the above reasons:
8.3.1 All payments required under the Rental Order shall become due and immediately payable; and
8.3.2 The Events Store (Malaysia) Sdn Bhd shall have the immediate right to request the immediate return of the Furnishing or repossess the Furnishing and may charge the Customer for any reasonable costs involved in such repossession.
9. No Waiver
No failure by either The Events Store (Malaysia) Sdn Bhd or the Customer to enforce the performance of any provision in these Terms and Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby.
11. Law and Jurisdiction
11.1 These Terms and Conditions shall be governed by the laws of Malaysia.
11.2 Any dispute between the Parties relating to these Terms and Conditions shall fall within the jurisdiction of the courts of Malaysia.