HUA THYE CHAN PRODUCTIONS
 
Rental Terms and Conditions
 

Customer (the Lessee) is advised to read and comply with the following terms and conditions when renting any equipment from Hua Thye Chan Productions (the Lessor):

   
1. Rate schedule. Customer/Lessee agrees to the rates as listed. ALL SALES ARE FINAL UPON RECEIPT OF PRODUCT(s).
   
2. Liability. Customer/Lessee is responsible for loss or damage incurred while in possession of any rental equipment during the term of this contract. Customer/Lessee authorizes . Customer/Lessee will be billed for repairs or replacement, including parts and accessories. Damage also includes  marking or labelling of rental equipment. Failure to return rental equipment per contract terms will result in criminal prosecution. It is understood that Customer/Lessee understands how to operate equipment and is responsible for notifying Hua Thye Chan Productions (the Lessor) during the rental period of any equipment malfunctioning or related operational problems to be considered for any price adjustment. Extension of rental period/dates must be confirmed by 12:00 PM of the last original rental day to insure availability of equipment.
   
3. Payment terms. ALL PAYMENTS AND DEPOSITS MUST BE MADE IN ADVANCE OF EQUIPMENT PICKUP. Any item(s) returned to the Lessor after the agreed upon "return by date/time" as listed on the agreement, will incur one additional daily charge for each additional 24 hour period thereafter. At the sole discretion of the Lessor, credit may or may not be issued, and if issued, THE TERMS OF PAYMENT shall be based upon credit information you supply at the time of rental. Should there be any change in such information, the Lessee agree that the Lessor may demand immediate payment without prior notice. Payments for rental invoices are due upon receipt. Loss and damage invoices are payable upon receipt of invoice, and shall be deducted from any prepaid deposit,  and are otherwise payable not later than net 10 days. Payments due for 30 days or more shall be considered past due. For each month or part of a month thereafter, a past due or late charge may be assessed, which you are expected to pay. If the Lessor places the account in the hands of an attorney or other agency for collection, the Lessee agree to pay reasonable collection costs, attorney fees and court costs. The Lessee agree to pay the Lessor directly or as directed by the Lessor or its agent. 
  RENTAL PAYMENTS DO NOT APPLY TO PURCHASE PRICE. Rental payments may not be applied to the purchase price of any equipment.
  CANCELLATION PENALTIES. The Lessor shall be entitled to compensation, not to exceed the rental payments, for any losses the Lessor may sustain because of the Lessee cancellation of all or part of an order.
   
4. INSPECTION. Lessee acknowledges that it has inspected the equipment to be rented under the rental agreement and has accepted such equipment in good working condition and repair at the time of its delivery, without any guarantee or warranty from Lessor. All equipment is rented on "as is" basis. Lessee acknowledges that it fully understands the proper operation and use of the equipment. After acceptance, and until redelivery of the equipment to Lessor, you agree that the Equipment is in good working order and that the Equipment is acceptable to you, Lessor shall have no responsibility for its failure to function, for its maintenance or care, or for any damage caused to or by the equipment. During such time, Lessee shall maintain, service, and keep in good repair the equipment at its own expense, normal wear, tear or depreciation excepted.
   
5. REPAIR OR REPLACEMENT. In the event of loss or damage, the rental charge for the equipment shall continue until the fully repaired or replaced equipment is returned to Lessor, and lessee shall forthwith cause such equipment to be replaced or fully repaired. After the equipment has been returned to Lessor fully repaired or replaced and all deductibles and loss have been covered, Lessor agrees to assign to Lessee any rights which Lessor may have under insurance policies covering the equipment as reimbursement to Lessee for any sums expended by Lessee for the repair or replacement of the equipment.
   
6. Equipment Transport, Pick-up and Delivery.The Lessee PICK UP AND RETURN THE EQUIPMENT at the rental facility, within the appointed time. IF the Lessee DO NOT PICK UP AND/OR RETURN THE EQUIPMENT AT THE RENTAL FACILITY YOU ARE RESPONSIBLE FOR TRANSPORTATION TO AND/OR FROM ANY LOCATION. At the Lessee request and expense, limited by the the Lessor’s current policy as stated in the Rental Contract, the Lessor may arrange shipment of the Equipment to the Lessee designated location. The Lessee are responsible for all costs (transportation charges, taxes, duties, brokers fees, bonds, insurance and any other costs) incurred during transit. The Lessor is not responsible for shipping delays once the Equipment is delivered to the Lessee carrier. The Lessor will not accept collect shipments from the Lessee.
   
7. Restrictions Upon the Use of the Equipment .USE BY QUALIFIED ENGINEERS/TECHNICIANS ONLY. The Equipment may be used only by the Lessee's duly qualified employees and/or agents and in strict accordance with the use contemplated in the Rental Contract. The Lessee shall keep the Equipment in his sole custody and shall not permit the Equipment to be used in violation of any laws. DO NOT REMOVE SERIAL NUMBERS OR COVER COMPANY LOGOS. The Lessee may not remove or cover over any serial numbers, tags, nameplates, or identifying logos on the Equipment showing ownership by the Lessor.
   
8. The Lessee's Responsibilities with Regard to the Equipment. The Lessee assume all risks of loss. Once the Lessee have taken delivery of the Equipment, his responsibility includes, but is not limited to, risks while in transit, at all locations named and unnamed, at all studios, while on his own premises and while in use, or storage on the rental facility's premises. 
  The Lessee's responsibility ends when the equipment is returned and the rental term has expired.  Equipment will not be deemed to have been returned until all of the following conditions have been met: 1) property has been brought back to the premises during appointed time; 2) an inventory has been completed and a missing and damaged list has been compiled, if needed; and 3) the term of the Rental Contract has expired.
  The Lessee are responsible for all equipment being sored for him by the rental house. The Lessee are responsible for all equipment which is picked up or stored by the Lessor for the Lessee ultimate use. The Lessor shall be acting as the Lessee's agent in storing any such property which belongs to third parties. All risks of physical loss to property which is transported or stored by the the Lessor for the Lessee benefit shall remain the Lessee's responsibility.
   
9. No Warranty or Guaranty. Except as provided by the law, Equipment is rented to the Lessee without warranty or guaranty of any kind, expressed or implied, and the Lessor assumes no responsibility unless agreed to in writing.
   
10. Equipment Damaged or Destroyed While in the Field.  As soon as the Lessee discover that equipment in the field is defective, he should notify the Lessor of the problem and if necessary return the Equipment to the Lessor, freight pre-paid, for evaluation. The Lessor will make a reasonable effort to repair or replace the Equipment in the shortest amount of time.
  LOSS AND DAMAGES. Upon return of damaged equipment, the Lessor will make a determination of the extent of the damage and the required repairs. The Lessee and/or his representative(s), will have a reasonable amount of time to inspect the damage. In determining whether equipment shall be replaced or repaired, the the Lessor's judgment shall be conclusive upon the Lessee. Should the Lessor determine that the equipment must be replaced, the Lessee will be responsible for the cost to replace the same item or the closest comparably equipped model, at current retail prices, including shipping and applicable taxes and duties, less any discounts available, without deduction for depreciation.
  LOST, STOLEN OR DESTROYED EQUIPMENT. In the event that after delivery to the Lessee, any of the Equipment is lost, stolen, damaged beyond repair, destroyed or otherwise disappears or is not returned for any reason, the Lessee will be responsible for the cost to replace the same item or the closest comparably equipped model, at current retail prices less any discounts available, without deduction for depreciation.
  As soon as the Lessee realise that equipment is missing, notify the Lessor, and file a police report.  In all instances immediately report any missing, lost, or stolen equipment to the Lessor and file a report with the local authorities.
   
11. Rental Charges and Late Charges. The Lessee must return the equipment on the date specified in the Rental Contract or be subject to additional charges. The last rental day shall be the day specified in the Rental Contract or up until 9:00AM of the next business day. A full additional day's rental will be charged for any Equipment not returned by 9:00AM. Full daily rates shall be charged for each day Equipment is not returned after the date specified for the return of the Equipment.
  IF the Lesse return the equipment in damaged or non-working condition, the rental period will be extended by the shortest reasonable time necessary to repair such damage or replace non-repairable equipment and return the item(s) to the Lessor's general inventory. The extended rental period shall apply only to the damaged or non-working item(s), unless the item(s) forms a part of other equipment. There may be delays in repair or replacement attributable to causes beyond the Lessor's control. The acceptance of the return of the Equipment by the Lessor is not a waiver by the Lessor of any claims that it may have against the Lessee.
  RENTAL CHARGES FOR THE DAMAGED OR NON-WORKING ITEM(S) shall accrue at full rental rate for the item(s) irrespective of any package discounts or other discounts agreed to at the inception of the Rental Contract, until the item(s) is repaired and/or replaced and the invoice for damages has been paid in full to the Lessor. If requested the Lessee shall advance the money in order to allow the Lessor to repair or replace the equipment.
  WEEKENDS AND HOLIDAYS. When on a daily schedule, the Lessee will be charged the daily rental rate for weekend days and Holidays if the Equipment is used. MINIMUM CHARGES. There may be minimum rental periods and/or special minimums applicable to Equipment to be used other than locally.
   
12. Insurance Requirements.The Lessee must either insure all rented equipment, or place a refundable deposit with the Lessor in advance of equipment pickup covering all replacement costs. The requirement for a deposit shall be the sole decision of the Lessor.
  If the Lessee provide insurance, he must insure all the equipment. The Lessee shall, at his expense, and at all times during the rental, maintain in full force and effect insurance covering all equipment rented, from all sources, for full replacement cost (without deductions for depreciation), and for loss of use (rents) of the equipment. Coverage must begin from the time the Lessee or his agents accept delivery of the equipment and continue until the time the equipment is returned. The Lessee shall deliver to the Lessor, upon request, evidence of the insurance coverage, typically a Certificate of Insurance satisfactory to the Lessor, showing Liability Coverage, Property Insurance and Workers Compensation Insurance, prior to taking possession of equipment. Such insurance shall be written by reputable insurers acceptable to the Lessor; the Lessee's insurers shall agree to be the primary insurers of such Equipment during the rental period. Notwithstanding this paragraph, the Lessee shall remain primarily liable to the Lessor for full performance under the terms and conditions of the Rental Contract. The Lessor may enforce its remedies directly against the Lessee without resort to the Lessee's insurance.
  PROPERTY INSURANCE. The Lessee's insurance should be on a worldwide basis; shall name the Lessor as Loss Payee for loss or damage to the property rented; shall cover "All Risks" of loss or damage for equipment;  and all policies shall provide for 10 days written notice to the Lessor before any policy shall be modified or canceled. Limits shall be sufficient to encompass all property at risk, regardless of source.
  LIABILITY INSURANCE. The Lessee shall name the Lessor as an additional insured on the Lessee liability insurance and the Lessee liability insurance shall be deemed primary and non-contributory insurance in the event of any claim or suit.
  The rights of the Lessor are not affected by the lessee non-performance. The Lessee's insurers shall agree that the rights of the Lessor under the insurance coverage as described in the preceding paragraphs shall not be affected by any act or neglect or breach of condition by the Lessee, other than non-payments of insurance premiums.
  Should the Lessee fail to procure or pay the cost of maintaining in force the insurance specified in the Rental Contract or to provide the Lessor upon request with satisfactory evidence of the insurance, the Lessor may, but shall not be obligated to, procure the insurance and the Lessee shall reimburse the Lessor on demand for its cost. Lapse or cancellation of the required insurance shall be an immediate and automatic default of this agreement.
   
13. Title and Ownership. The Lessee specifically acknowledge the Lessor's superior title and ownership of the Equipment and must keep the Equipment free of all liens, levies and encumbrances. The Lessee may not assign or pledge the Equipment.
   
14. Right of Entry and Inspection. The Lessor shall have the right to inspect the Equipment at any time during the rental term. The Lessee shall make any and all arrangements necessary to permit a qualified employee of the Lessor access to the location of the Equipment. If a breach of any of the provisions of the Rental Contract occurs, the Lessor has the right to remove all of the Equipment without any liability to the Lessee, and without prejudice to the Lessor's right to receive rent due or accrued to, including the date of removal of the Equipment.
   
15. Indemnifying the Rental Company. The Lessee agree to indemnify the Lessor and to hold the Lessor and its employees and agents harmless from and against any and all losses, damages, claims, demand or liability of any kind or nature whatsoever, including legal expenses, arising from the use, condition (including, without limitation, latent and other defects) or operation of the Equipment, and by whosoever used or operated during the rental term. This indemnification shall continue in full force and effect during and after the term of the rental for causes arising during the term of the rental.
   
16. Miscellaneous Aspects of the Rental Agreement.  WHEN THE CUSTOMER IS A CORPORATION. The person executing the Rental Contract on behalf of such corporation warrants that he/she has full authority of such corporation to sign the Rental Contract and obligate the corporation.
  DEFAULT AND BREACH OF TERMS: If the Rental Agreement is terminated, the Lessor shall be entitled to a pro rata payment for rentals in progress based on the percentage of rental period then completed upon return of the rental Equipment. If the Rental Agreement is terminated by the Lessor because of a default or breach by the Renter, the Lessor may deduct from any pre-paid deposit the costs necessary to secure return of the Rental Equipment, and to invoice for any such costs not covered by a pre-paid deposit.
  REMEDY: The terms of this Agreement shall be enforceable by the Lessor by equitable and legal relief including specifically but not exclusively, injunction, specific performance, preliminary injunction, temporary restraining order, and set off, in agreement enforces the terms of this Agreement in a court of law, the prevailing party is entitled to collect all court costs and reasonable attorneys’ fee incurred prior to and during any court action, including appeals, and the other party is liable thereafter.
  ENTIRE AGREEMENT. The signed Rental Contract and these Terms & Conditions constitute the entire agreement between the Lessee and the Lessor. Any changes must be made in writing and agreed to by both parties.
   
17. Foreign Use. The Lessee must notify the Lessor of his intention to use the Equipment outside the Singapore and gain the Lessor permission to do so PRIOR TO RENTING THE EQUIPMENT.
  TERMS AND CONDITIONS APPLY. All of the preceding terms and conditions apply to Equipment which is rented from the Lessor and is transported to a location outside the Singapore.
   
18. Cancellation Policies.In the event of cancellation when on a daily or weekly schedule, cancellation charges may apply in consideration of the Lessors preparing or holding in reserve, equipment on the Lessee behalf. By keeping the Lessor informed of the Lessee usage of equipment schedule can either minimize or avoid cancellation fees.
   
   
   

HUA THYE CHAN PRODUCTIONS

            

35 TANNERY ROAD, TANNERY BLOCK, #08-09, RUBY INDUSTRIAL COMPLEX, SINGAPORE 347740.

Contact: Tommy (Mr)
Tel: (65)-67470229   Fax: (65)-67473162
Email: tommy@htc.com.sg

 

 

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