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Terms & Conditions
1. Definitions and Interpretation
In these terms and conditions: “Contract” shall mean any contract entered into pursuant to the terms and conditions of this Quotation; “Hirer” shall mean any person at whose request or on whose behalf UBTS Pte Ltd (UBTS) provides the services stated in this Quotation.
The trailers shall be used only within Singapore.
3. Security Deposit
Upon acceptance of the Quotation and thereby entering into a Contract with UBTS, the Hirer will pay to UBTS a refundable (1) One-month Security Deposit and (1) One-month rental of the Basic Rate as against the breach of any condition of the Contract. The Security Deposit will be refundable without interest at the expiry or termination of the Contract subject to the forfeiture for breach of any conditions or stipulations herein contained or an appropriate deduction in respect of any such breach.
In the event where the Hirer engages in any illegal activities, thereby resulting in the termination of the Contract, or before the commencement of the Contract, the Security Deposit shall be forfeited by UBTS in full.
4. Payment Terms
Payment shall be made in advance for monthly rental on the first day of each month. In event that the Hirer shall default on the rental amount due for more than two (2) months, the Hirer shall be entitled to repossess the trailers without further notice and the Hirer shall bear all costs and expenses incurred and/or suffered by UBTS in doing so including but not limited to all expenses and costs arising from repossessing the trailers and all legal costs on an indemnity basis. In the event of default payment, UBTS reserves the rights to terminate the Leasing Service with immediate effect and the Hirer shall return back the trailers to UBTS HQ
The Hirer is required to pay promptly on monthly rental; otherwise late interest of 12% per annum will be levied.
The Hirer shall be responsible on payment of fines, summons or other damages incurred due to the Hirer’s negligent, reckless or illegal use of the trailers. If UBTS is required to attend court for fines issued, an administrative charge will be imposed for attending court matters.
7. Trailers Replacement
No free replacement of trailers under repairs as a result of accidents. In the event that UBTS has agreed to exchange or replace the trailers for whatever reason, the terms and conditions herein shall continue to apply to such exchanged or replaced vehicle.
8. Damages To Trailers
The Hirer shall bear full repair costs to the vehicles due to Hirer’s driver’s negligence act or overloading and vandalism. UBTS shall not be obliged to provide vehicle replacements for any unavailability of the vehicles leased to the Hirer if such unavailability was due to the fault of the Hirer, its officers, directors, employees, agents or customers.
9. Mandatory Inspection of the trailers by LTA
In the event that LTA wishes to conduct a mandatory inspection, or if the trailers is due for routine inspection, the Hirer shall promptly allow the trailers to be inspected by LTA at such time and place as LTA may require, and at the Hirer’s sole cost. The trailers will be returned to you after LTA Inspection within a period of 3-5 working days, or such longer period as LTA may advise. During such period for inspection, no replacement will be provided.
The lease rate is inclusive of road tax, maintenance (exclude tire replacements and any damages), annual LTA inspection and insurance coverage (subject to Clause 11 below).
11. Hirers Liability/Indemnity Insurance
UBTS shall not be liable or responsible for, and it shall be the Hirer’s obligation to obtain any Work Injury Compensation Insurance, Public Liability Insurance, Bailee or Warehousemen Carrier Insurance Liabilities Policies.
The Hirer shall insure itself fully of the aforesaid insurance policies with a reputable Insurer against all risks and liabilities relating to their operations and provision of Hirer’s services.
The Hirer shall maintain during the term of the Contract a Public Liability Policy and Work Injury Compensation Insurance Policy which shall be in the joint names and for the joint benefit of UBTS PTE LTD and Hirer at Hirer’s cost and expenses.
The Hirer Public Liability Insurance Policy shall be fully endorsed with the Non-Owned Vehicles Clause to cover Hirer legal liability for all injuries (fatal or otherwise) loss or damages to third party property arising out of the usage of Non-Owned and hired automobiles by the Hirer in the course of their businesses.
The Hirer shall bear the compulsory excess of S$300.00 per unit per accident case, subject to changes in the events of more than one accident.
The Hirer agrees to waive all rights to subrogation or action which they may have acquired against UBTS arising out of any accident in respect of which any claim is made or settled.
For any accidents, Hirer shall inform UBTS without delay upon receipt of any Traffic Police notification/composition of fines/investigation result. The Hirer shall furnish a copy of the said documents to UBTS without unnecessary delay. Failure to do so shall be a breach under of contract. UBTS reserves its rights to seek recovery against the Hirer for all claims, proceedings, damages, costs and other expenses incurred as a result of non-notification by the Hirer.
14. General Liabilities
UBTS shall not be liable in any manner whatsoever or howsoever arising for all bodily and personal harm (whether fatal or otherwise), loss or damage to any person or property arising from or in connection with Hirer’s nature of businesses and/or the Hirer’s use of the leased vehicle, or due to any, fire, explosion of any hazardous goods carriage forming part of attached to or on the leased vehicle.
The Hirer shall fully indemnify and save UBTS harmless from all claims, proceedings, damages, costs and expenses which may be brought or made against UBTS on any other third party, caused directly or indirectly by the Hirer in connection with their business operations and or provision of customer’s services or arising from any breach by the Hirer of any obligation contained in the Agreement or from the negligence of the Hirer or any breach by the Hirer of any written law (such as Workplace Safety and Health Act (Cap 354A) and the Regulations and Codes made thereunder and any Road Traffic or Environmental Laws) .
16. Custody and Use Of Trailers
During the continuance of the Contract, the Hirer shall:
Apply the applicable industry safety standards during the use of the trailers.
At all times operate or cause the trailers to operate by skillful and properly qualified drivers and/or operators with all proper and due diligence in accordance with operation manuals and to use all proper precautions to prevent the loss or damage to the trailers or injury to third parties.
Keep the trailers at the Hirer’s address shown in this Agreement or such other address as notified to UBTS from time to time and further ensure that the trailers shall not be driven out of the main island of Singapore without the written consent of UBTS and shall keep the same at all times in its custody. Pursuant to the above, the Hirer shall inform UBTS immediately of any change in location of the trailers.
The Hirer shall not sell, assign, sub-let, pledge, mortgage charge, encumber or part with possession or otherwise deal with the trailers or any interest therein nor create nor allow to be created any lien on the trailers whether for repairs or otherwise and in the event of any breach of this Clause by the Hirer UBTS shall be entitled (but shall not be bound) to pay to any third party such sum as is necessary to procure the release of the trailers from any charge, in cumbrances or lien and shall be entitled to recover such sum from the Hirer forthwith.
To keep the trailers free from distress execution or other legal process commenced by the Hirer’s creditor or any other persons and to assert UBTS’s rights title and interest in the trailers to all such creditors or persons in any such actions or legal process. Any costs or expenses incurred by UBTS’s in the recovery of the trailers from such actions or legal process shall borne by the Hirer.
At such intervals as specified or notified by UBTS to deliver the trailers to a garage or service station approved by UBTS for inspection and/or servicing. Except as provided herein, the Hirer shall not make or permit to be made any repairs or adjustments to the trailers but shall promptly notify UBTS of all cases of breakdown or damage giving a description of the cause of the breakdown or particulars of the damage so far as possible and the location of the trailers. The Hirer shall as soon as practicable report any faulty operation or other defect experienced with the trailers and expect until so reported it shall be presumed that the trailers is in good mechanical and operating condition.
Take all reasonable steps to safeguard the trailers from loss or damage and UBTS shall have at all times free and full access to examine the trailers or any part thereof. In the event of loss or theft, to report such loss or theft immediately to the Singapore Police Force and to inform UBTS immediately thereafter.
Not to use the trailers or allow the trailers to be used in the committing of any offences or activities prohibited by the laws of the Republic of Singapore including smuggling of contraband or otherwise and to keep the trailers free from confiscation by the relevant authorities and to do all things necessary to assert UBTS’s non-involvement during any such confiscation proceedings and to indemnify UBTS for any cost, expenses, damages and losses incurred by UBTS as a result thereof.
Not use the trailers for the purpose of racing, pace-making reliability trials or for testing purposes and only to use the trailers in the manner for which it is designed and classified.
Not use the trailers in any corrosive environment, or for carrying or transporting any corrosive, explosive or dangerous materials.
Not add any components or modify the trailers without prior consent of UBTS.
The Hirer shall ensure the vehicle is parked legally along Public Roadside or designated vehicle lots.
17. Term and Termination
Contract shall continue in duration for the contracted term and shall not be capable of early termination by the Hirer. In the event that the Contract is termination for whatever reason at the request or due to the fault, whether directly or indirectly, of the Hirer, the balance of the amount payable until the natural expiry of the term of the Contract shall become payable immediately. UBTS may terminate the Contract by giving one (1) months’ written notice for whatever reason.
18. Return of Trailers
The Hirer shall return the trailers intact, with the original color and in a condition acceptable by UBTS in its sole discretion upon the completion of the contract period.
UBTS reserves the right to vary, amend and/or modify these terms and conditions by giving prior written notice.
20. Contracts (Rights of Third Parties)
A person who is not a party to the Contract shall have no rights under the Contracts (Rights of Third Parties) Act of Singapore to enforce any provision thereof.
21. Governing Law
The Contract shall be governed by the laws of Singapore.
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules“) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator appointed by the Chairman of the SIAC. The language of the arbitration shall be in the English language.