1. PAYMENT
(a) The Leasing Fee and Service Fees (if any) must be paid to Savills Retail Management Pty Ltd no later than 7 days prior to the Set Up Date.
(b) All payments should be made by way of EFT and forwarded to the Property that the booking is held in.
2. GOODS & SERVICES TAX
(a) Casual Leases represent a “taxable supply” and so are subject to GST.
(b) GST will be calculated as 10% of the quoted (GST exclusive) rent.
(c) We will provide you with a tax invoice, which will enable you to claim a credit or refund in accordance with the GST legislation
(d) Subject to any legislative requirements, we reserve the right to determine the GST inclusive charges are included in our bills, either in aggregate or on an itemised basis.
3. USE
(a) The Hirer shall only use the Casual Letting for the purposes outlined in Item (11) and for no other purposes whatsoever.
(b) It is the responsibility of the Hirer to obtain all necessary consents and approvals required by and to otherwise comply with, all laws governing the use of the Casual Letting.
4. THE APPROVED DISPLAY
(a) The Hirer may erect a temporary Approved Display as outlined in Item (12). Such display shall be of a professional, high class nature and shall in no way detract from the standard of operations in the Property. In particular:
(i) The Hirer shall ensure that all trestles are fully covered at all times; and
(ii) The Hirer must display professional signage and under no circumstances is handwritten signage to be erected.
(b) The Hirer’s Approved Display must not in any way obstruct:
(i) The free movement of customers in the common areas of the Property ;
(ii) Any fire exit or stairway; and
(iii) Access to, or the line of sight to the premises of any other tenant in the Property. To this end, no part of any hirer’s display must be over 1.5 meters in height.
(c) The Approved Display is to be of a temporary nature only and the Hirer must not affix items to any part of the Property if it would cause damage to the Property in anyway. However, the Hirer must ensure that all Approved Displays are safe, stable and have been erected in a workmanlike manner.
(d) The Hirer must not allow any part of its Approved Display to strain mark or damage the floors of the Property.
(e) The Property Management reserves the right to require the Hirer to remove or alter any part of any display erected on the Casual Letting.
(f) Prior to Take Down Date, the Hirer must:
(i) remove the Approved Display, and all fittings equipment or other articles from the Casual Letting;
(ii) reinstate the Casual Letting to its condition prior to the Set Up Date;
(iii) make good any damage caused by it to the Casual Letting, and
(iv) remove all rubbish and leave the Casual Letting in a clean state and condition.
5. HIRERS CONDUCT
(a) The Hirer must ensure that the Approved Display is manned at all times that the Property is open for trade.
(b) The Hirer must conduct itself in a professional manner and must not cause nuisance or disturbance to the Owner or to other tenants in the Center. Under no circumstances is the Hire to harass or hassle any customer. Spruiking is to be in accordance with Property Management rules.
(c) The Hirer may only park motor vehicles in the Property ’s car park in accordance with the Property ’s car parking regulations.
6. FOOD DISPLAYS
(a) all licensee employees are to be hygienically attired.
(b) all food wastes are to be placed in sealed hygienic containers, and disposed of appropriately.
(c) mats are to be placed under and around cooking displays and after removal, floors are to be left slip free.
(d) the public is to be protected from hot appliances by shielding.
7. INSURANCE
(a) The Hirer is responsible for affecting its own insurance over its property and employees. The Property’s insurance policies cover only articles owned by the Owner.
(b) The Hirer must affect public liability insurance of a minimum of $20 million per claim with an insurer acceptable to the Owner. The Hirer must provide the Property Manager with a copy of its public liability policy of insurance together with a Certificate of Currency for that policy, noting the correct interested parties (as per item 15 of the Agreement) prior to taking possession of the Casual Letting.
8. INDEMNITY
The Hirer will indemnify the Owner and the Property Manager by noting the interests of Savills and the owner on the policy from and against all claims, demands, losses, damages, costs and expenses for which they may become liable in respect of or arising from:
(a) loss, damage or injury to any person or property within the Property caused or contributed to by the Hirer’s failure to comply with the terms of this lease;
(b) loss, damages or injury to any person or property caused or contributed to by the negligence of the Hirer or its agents or employees; and
(c) loss, damage or injury to any person or property caused or contributed to by or arising out of the use of the Casual Letting.
9. RISK
The Hirer accepts that it occupies the Casual Letting at it’s own risk and the Owner and the Property Management shall not in any circumstances be liable to the Hirer for any damages suffered by it or its property.
In particular, whilst the Owner has made provision of after hours security in the Property , neither the Owner nor the Property Management accept responsibility for the security of any display, item or stock left in the Casual Letting unattended.
Neither the Owner nor the Property Management will store stock, or other items on behalf of the Hirer and the Hirer must make its own arrangements in this regard.
10. STAMP DUTY
The Hirer shall pay all stamp duty assessed this Casual Letting, to the Owner or its solicitors, on demand.
11. ASSIGNMENT
The Hirer may not assign, sub-let or otherwise deal with its Casual Letting.
12. TERMINATION
Should the Hirer breach any of these terms of the Casual Letting, the Owner may terminate the Casual Letting Agreement without notice.
13. DEFAULT
(a) if the Hirer does not comply with this agreement the owner/manager is entitled to terminate the agreement because of the Hirers’ default under the agreement then the owner/manager may terminate the agreement by notice served on the Hirer
(b) if the Hirer defaults under this agreement and that default continues for one day after the owner/manager asks the Hirer to comply with the agreement conditions then the owner/manager may treat the Hirer’s property as abandoned and deal with it as the owner/manager see fit.
14. CANCELLATION
The Hirer may cancel the Casual Letting by notice in writing to the Property Management at least 7 (seven) business days prior to the Set Up Date.
Any notice given after such time will not release the Hirer from its obligations under the Casual Letting Agreement and it remains responsible for all fees payable under the Agreement.
15. OWNER’S RIGHT
The Owners have the right to move or cancel any Casual Leasing agreement at any time without notice.
16. ELECTRICAL
All electrical equipment and leads must be tested and tagged in accordance with Australian standards.
17. VEHICLE DISPLAYS
All vehicles must be fitted with a fuel locking cap and kept locked at all times
(a) the center’s floor is to be protected by a drip tray and by carpet squares under each wheel.
(b) keys for the vehicle are to be left with Property Management.
