Car Parking Licence Agreement Terms & Conditions

Licensor: South Town Management Limited

Address: PO Box 819, Christchurch

Item 1: Term of Licence

1.1 South Town Management Limited as Licensor, agrees to grant a car park Licence (“the Licence”) to the Licensee from the Commencement Date until this Licence is terminated on the terms and conditions contained in this Agreement.

1.2 The Licence may be terminated at any time by either party giving to the other one month’s notice in writing.

1.3 In the event the licence is terminated pursuant to Items 1.2 or 9, any licence fees paid in advance from the date of termination shall be promptly refunded to the Licensee provided that should the Licensee owe any sums to the Licensor under this licence at that time, the Licensor shall first be entitled to set these off against such advance paid licence fees.

ITEM 2: LICENCE FEE

2.1 The fee payable for a car park shall be payable in advance.

2.2 The Licence fee may be reviewed at any time but not earlier than six months following the commencement date. The Licensee will be given 1 month’s notice prior to any new charges taking effect. Any changes will be advised by email and arrangements for the payment of the revised fee must be completed and in place by the date specified, otherwise the Licensee will be deemed to be in breach of the Licence.

2.3 Where an advance payment period passes through the fee change date, the payments will be adjusted accordingly.

ITEm 3: REVIEW OF LICENCE

3.1 These Licence terms may be reviewed by the Licensor at any time with any amendments taking effect two weeks after the Licensee has been advised of them by e-mail.

ITEM 4: HOURS OF ACCESS TO, EGRESS FROM THE CAR PARK

4.1 The Licensee has the exclusive use of their designated car park at all times.

4.2 The Licensee uses the car park entirely at their own risk. Any loss or damage sustained to personal or Licensors property while parked, entering or exiting the car park is the sole responsibility of the Licensee. All costs for the repair or making good of any damage are the responsibility of the Licensee.

ITEM 5: PERMITTED USE

5.1 The Licensee must not park more than one vehicle in a car park at a time.

ITEM 6: NON-ASSIGNMENT

6.1 The Licence is personal to the Licensee and shall not be transferred, assigned or sub-licensed without the prior written consent of the Licensor.

ITEM 7: LICENSEE OBLIGATIONS

7.1 The Licensee must not obstruct any other vehicle or persons from using the car park.

7.2 The Licensee or any person authorised by the Licensee to use the car park will not drop rubbish, debris or spill or permit to be spilt any harmful substances on or in the car park or any part of the common car parking area.

7.3 The Licensee must advise the Licensor promptly of any change e-mail, telephone or vehicle registration.

7.4 You must ensure any vehicle that you or any authorised driver parks in the car park:

7.4.1 Has a current warrant of fitness and motor vehicle registration.

7.4.2 Is roadworthy and able to be driven under its own power.

7.4.3 Does not present any danger or risk to other vehicles or persons or the car park.

ITEM 8: DETAILS FOR TOWAGE OF OFFENDING VEHICLES

8.1 If an unauthorised vehicle is obstructing a Licensee’s allocated car park, the Licensor may arrange for the offending vehicle be towed at the owners expense, payable directly to the towing company.

8.2 The Licensee should immediately advise the Licensor should they not be able to use their allocated car park.

8.2 The Licensor will not be liable for any costs or damage incurred during the removal process.

8.3 The Licensee must not block the offending vehicle.

ITEM 9: BREACH OF LICENCE

9.1 If the Licensee fails to pay the fee or any other costs or fails to comply with any terms or conditions of this Licence the Licensor may immediately, without notice, terminate this Licence. Any additional costs incurred will be at the Licensee’s expense.

9.2 On termination of this Licence as set out above, the Licensor will be entitled to deny the Licensee access to the car park. The car park may then be allocated to another party.

ITEM 10: USE OF INFORMATION

10.1 The Licensee agrees that the Licensor may supply any debt collection agency with information about the Licensee which relates directly to the subject matter of this agreement and its enforcement, and may obtain such information from third parties on the authority of this agreement.

ITEM 11: NOTICES

11.1 Any notice which the Licensee is required to give the Licensor shall be emailed to admin@southtown.nz.

11.2 Any notice which the Licensor is required to give to the Licensee shall be by e-mail or posted to the address of the Licensee, unless advised otherwise.

ITEM 12: FORCE MAJEURE

12.1 The Company will not be liable for failure to perform its obligations under this Agreement due to any act of God, force majeure, or if the cause of the failure is otherwise beyond the Company’s control.