Casual Mall leasing terms and conditions
1. Licence
1.1 The Licensor grants to the Licensee and the Licensee accepts a non-exclusive licence to use the Licenced Area for the Permitted Use during the Licence Period in consideration of the Licensee paying the Licensor the Licence Fee and subject to the terms and conditions of this licence.
1.2 The Licensor and Licensee agree that this licence is personal and any rights rest in contract only and does not create a tenancy or leasehold interest in the Licenced Area or confer any rights under any tenancy legislation.
1.3 The Permitted Use is as specified in section ten (10) on page one (1) of the Casual Mall Licence Agreement.
1.4 The Licence Period is as specified in section seven (7) and eight (8) of the Casual Mall Licence Agreement.
2. Payment of Licence Fee
2.1 The Licensor will issue invoices to the Licensee for the payment of the Licence Fee, Outgoings and Equipments Hire (if applicable) at various times before and during the Licence Period (depending on the length of the Licence Period).
2.2 If the Licence Period is less than one month, then the Licensee must pay the Licensor the Licence Fee, Outgoings and Equipment Hire (if necessary) in full at least one week before the Start Date unless payment is made by way of a personal cheque, in which case payment will be required at least two weeks before the Start Date.
2.3 If the Licence Period is longer than one month, then the Licensee must pay the Licensor an amount equal to the Licence Fee payable for one month at least one week before the Start Date unless payment is made by way of a personal cheque, in which case payment will be required at least two weeks before the Start Date. Thereafter, the Licensee must pay the Licensor the Licence Fee in the manner and at the times prescribed in the invoices issued by the Licensor to the Licensee.
2.4 If the Licensee does not pay the Licence Fee (or any part thereof) on time, then the Licensor may charge the Licensee interest at a rate equal to 15% per annum of the outstanding amount until the payment is made and/or cancel the Licence altogether.
3. Sales Figures
3.1 If the Licence Period is less than one month, then the Licensee must (if requested) provide the Licensor with the Licensee’s total sales figures within 5 working days after the expiration of the Licence Period.
3.2 If the Licence Period is longer than one month, then the Licensee must (if requested) provide to Licensor with:
a) the Licensee’s monthly sales figures at the same time as payment of the monthly Licence Fee is made, but in no case later than the 7th of each calendar month during the Licence Period; and
b) the Licensee’s final monthly sales figures within 5 working days after the expiration of the Licence Period.
4. Licensee’s obligations
4.1 The Licensee must:
a)
at all times, be solely responsible for, and insure, its own displays, property, equipment, merchandise and employees;
b)
ensure that any electrical equipment, including electrical cords, brought into the centre site have been tested and tagged by a qualified electrician and that all electrical cords are well covered;
c) must take out public liability insurance during the Licence Period for at least $20 million in the name of Licensee and the have the names of Stockwell Property Management (A.B.N. 16 071 983 402) and the owner of the Centre, Mirose Pty Ltd (A.C.N. 010 278 118), listed as interested parties and provide the Licensor with a certificate of currency in relation to the public liability insurance before the Start Date;
d)
at all times comply with all laws, statutes, ordinances, regulations, orders, local laws and by-laws of any Government or statutory authority regarding the conduct of the Licensee’s business and the use or occupation by the Licensee of the Licenced Area;
e)
ensure that displays and stock are delivered via Centre loading docks and transported in such a manner that does not cause damage or marking to the Mall floors. Please note that retailer trolleys must not be used to transport displays;
f)
park in accordance with any staff parking restrictions as directed by the Licensor;
g) maintain the physical appearance of any display and the Licenced Area at all times in a clean and professional manner and portray a quality image so as to enhance the Licensee’s merchandise and the Centre generally;
h) cover all tables in the Licenced Area to floor level with clean and pressed tablecloths;
i)
ensure that all displays and the Licensee’s property and merchandise remain within the Licenced Area;
j) use professional display material and signage, handwritten signs are not permitted under any circumstances;
k)
all vehicles must have a drip tray and mats under tyres;
l)
Boxes, bags and excess stock are to be well covered and out of the view of the general public during core trading hours;
m)
remove any signage or display deemed to be unsafe by Centre Management Staff, immediately upon request.
n)
erect all displays at least 15 minutes prior to advertised trading hours during the Licence Period. Advertised trading hours for the Noosa Civic Mall are;
Mon, Tues, Wed, Fri 9:00am – 5:30pm
Thursday 9:00am – 9:00pm
Saturday 9:00am – 5:00pm
Sunday 10:00am – 4:00pm
(Advertised trading hours are subject to change during peak times and public holidays)
o)
staff the Licenced Area at all times during the Centre’s trading hours, (except if this licence relates to a self-service vending machine in which case no staff are required) ensuring that staff remain within the site boundaries predetermined by the Licensor;
p)
accede to any request, comply with any instruction or directive and adhere to any rule of the Centre made or issued through the Licensor’s Centre Management Staff.
4.2 The Licensee must not:
a) obstruct the clear view of the shop front of any other tenant of the Centre and must conduct and use the Licenced Area in a manner which will not prevent, unduly interfere with or adversely affect the use and enjoyment of the Centre by the Licensor or any other occupants of the Centre;
b)
approach or call over customers to the display/Licenced area. Customers mustapproach the display of their own free will;
c)cause or allow any obstruction of any kind to the use by the Licensor or any other person of the common areas in or about the Centre;
d)
allow their display to exceed 1.5 metres in height;
e)
use deck chairs or A-frame signage in the Licenced Area;
f)
dismantle or remove any display before the end of any trading day during the Licence Period without the Licensor’s prior consent;
g)
permit more than two (2) persons to occupy the Licenced Area to staff the display at any one point in time;
h)
distribute any pamphlets, brochures, leaflets, helium balloons, stickers or other advertising material within the Centre without the Licensor’s prior consent;
i)
use any voice amplification devices, flashing lights, music or other selling aids which, in the opinion of the Licensor, are likely to disrupt other occupants of the Centre;
j)
use the Centre planter boxes or poles or any other equipment owned or controlled by the Licensor;
k)
apply tape of any kind to the mall or any other equipment owned or controlled by the Licensor;
l)
charge an entrance fee to the invitees, licensees or customers of the Licensee to enter the Licenced area;
m)
do anything, including installing or using any fixtures, tools or equipment which will or may damage or disfigure the Centre in any way; and
n) not assign this licence, grant a sub licence or cease to conduct the business personally from the Licenced Area at any time.
4.3 At the expiration of the Licence Period, the Licensee must remove all displays; property, equipment and merchandise brought onto the Licenced Area immediately and make good any damage caused to the Licenced Area or the Centre as a result. The Licensee must leave the Licenced Area in a clean condition. If the Licensee does not do so, then the Licensor may remove and dispose of those items in its discretion and the Licensor will not be responsible for any loss or damage occasioned thereby. If the Licensee does not make good any damage caused to the Licenced area, then the Lessor may undertake make good works at the Licensee’s cost.
5. Licensor’s rights
5.1 The Licensor may, within its absolute discretion and at any time before the Start Date or during the Licence Period, terminate this licence or relocate the Licensee to another site within the Centre if it considers it necessary. The Licensee must immediately comply with the Licensor’s directions in this regard.
5.2 The Licensor may terminate this licence at any time by giving notice to the Licensee in the event of;
a)
the Licensee failing to pay the Licence Fee on any due date;
b)
the Licensee breaching any term or condition of this licence;
c)
the quality of the Licensee’s display failing to meet the expectations of the Licensor;
d)
negative public or tenant reaction to the Licensee’s display;
e)
the Licensor requiring the Licenced Area for any development or Centre refurbishment works within its absolute discretion;
f)
if the Licensee is an individual, the death, bankruptcy, mental or physical incapacity of the Licensee; or
g)
if the Licensee is a company, the appointment of a received, controller, administrator or liquidator to the Licensee or to any assets of the Licensee, or the Licensee enters into any arrangement with its creditors.
6. Indemnity and release
6.1 The Licensee indemnifies the Licensor from and against all claims, demands, losses, damages, costs and expenses for which the Licensor is or may become liable in respect of or arising from any injury to person or property caused or contributed to by any act or omission of the Licensee, the Licensee’s use or occupation of the Licenced Area or the Licensee’s negligence or breach of this agreement.
6.2 The Licensee releases the Licensor from all claims or actions it has or may have against the Licensor as a result of any damage or loss including but not limited to theft, fire, flood or water damage to the Licensee’s displays, property, equipment or merchandise.
7. Goods and Service Tax
7.1 Despite any other provision of this licence, if any supply under this licence is a taxable supply for the purposes of A New Tax System (Goods and Services Tax) Act 1999 (“GST Legislation”), the amounts expressed as payable by the Licensee under this licence (“Contract Amount”) will be the value of that supply as defined in the GST Legislation, and the Licensee must also pay to the Licensor the GST payable on that supply (“GST Amount”). The total of the Contract Amount and the GST Amount is payable by the Licensee to the Licensor and will be the total consideration for the supply.
8. Site Map
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