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UGU Piggery Value Suppliers Lease Agreement
UGU Piggery Value Suppliers Lease Agreement
Represented by
Simphiwe Johannes Shabane
( Idenetity No. 7206015442086 )
Of
Mbeni
Ward 2
Izingolweni
4260
(hereinafter called “ the Lessee”)
AND
Represented by
Mrs Florence Nomqondiso Mbalo
( Idenetity No. 6211260140089 )
Of
Rem 41,
Marburg Settlement
Port Shepstone
4240
SCHEDULE
5. Terms
5.1 The rent per square meter will R1.50 excluding vat and will be applicable
from the 01 June 2022. There will be no rent applicable in the first year of
occupation. From the second year, a deposit of R7500 excl vat is payable
before 01 June 2022 and thereafter monthly rental of R7500 excl vat
payable on the 7th day from June 2022 up to 31 May 2023. In the 3rd year
the rent will increase to R2 excl. vat a square meter (R10000 excl vat)
effective from 01 June 2023 to 31 May 2024.Hereafter the rent will
increase by 5% plus the current inflation rate each year on the 1st day of
June.
6. Conditions :
6.1 Payment
6.1.1 All payments under this agreement shall be paid by the Lessee on or
before the due date thereof, without any deductions there from, at the
mentioned business address of the Lessor or any other address the
Lessor may from time to time indicate in writing.
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6.1.2 The Lessee shall not, subject to the provision of Section 6 of the Credit
Agreement Act of 1980, be entitled to keep back payments payable in
terms of this agreement due to any faults in or damage to, loss or theft of,
Or any similar event in respect of the goods.
6.1.3 If the Lessee fails to pay any amount which is owing by him/her to the
Lessor in connection with this transaction upon the date such amount is
payable, or if both parties agree to defer the payment of an amount which
is owing as aforementioned, the Lessor shall be entitled to recover an
additional amount in interest and legal fees from the date payment is
outstanding.
7. The Property
The Lessee admits, undertakes and/or hereby agrees that as long as this
transaction has effect :-
7.1. He/She will keep the property in his possession, not make the property
available for use by another person or body for any reason whatsoever,
without prior consent of the Lessor.
7.2. He/she will at his/her own cost look after the property and maintain them
in good condition, protect them against any loss or damage, and will only
use the premises/goods for the purpose and in the way for which they
were designed and are normally used. Will not use them in any illegal
manner or for any illegal purposes or in a manner which may render any
claim invalid under an insurance policy in respect thereof, and where
applicable, will regularly service or have them serviced in accordance with
the instructions of the manufacturer, regarding the use and maintenance
thereof.
7.3. He/she will keep the property free from claims by third parties and from
attachment, may not alienate or transfer them.
7.4. He will allow the Lessor or his agent reasonable opportunity to inspect the
goods at a place indicted by the lessor, which place shall be determined
taking into account reasonable consideration.
7.5 Where applicable he/she will at his/her own cost register and licence the
goods and obtain all necessary certificates, approvals or exemptions
prescribed by the authorities in respect of the property/goods or the use
there of for whatever purpose.
7.6. He will not effect any additions or alterations to the property/goods or
removals of any part thereof without the prior consent of the Lessor. Any
addition or renovations to or replacement of the property and all the fittings
therefore shall be deemed to become part of the property without any right
to compensation.
7.7. That the Lessee will examine the property after obtaining it, and they are
deemed to have been examined after delivery and has satisfied himself as
to their good condition and utility.
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8. Cession and Delegation
8.1. The Lessor shall have the right to cede and transfer to any person any of
its rights under this agreement as well as ownership of the property and in
such event the Lessee agrees to :-
8.1.1. accept and acknowledge such cessionary in the Lessor’s stead, and keep
the goods on behalf of the cessionary from the date of cession.
8.1.2. make all payments due in terms of this agreement to the cessionary after
receipt of notice of cession.
8.2. The Lessee shall not have the right to cede or delegate his rights or
obligations under this agreement.
9. Risk
The full risk regarding loss or damage to the property, wheteher
attributable vis major, inevitable accident or any other causes, will pass to
the Lessee on the signing of this agreement by him/her. The Lessor shall
not be liable for any loss or damage caused by any defect or arising out of
the use of the goods.
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cost and in good working order together with all licencing documents,
registration certificates, compulsory motor vehicle insurance stickers and
any other relevant documents in respect of the goods, at the above
address of the Lessor or at such other address as the Lessor may have
notified or may notify him/her of in writing.
10.3 Should the goods be irreparably damaged or destroyed or stolen or lost,
the Lessor may at anytime thereafter terminate this transaction. The
Lessee shall be required to notify the Lessor immediately in writing of
such event.
12. Jurisdiction
The Lessee hereby consents in terms of Section 45 of Act No 32 of 1944
that any legal proceedings arising from this agreement may be instituted
in the Magistrates Court of any district or division having jurisdiction in
terms of Section 28(1) of the said Act, provided the Lessor shall have the
right to institute such legal proceedings in the Supreme Court at his/her
discretion.
13. Amendments
This deed and attached schedule comprises the full agreement between
the parties and no amendment of this agreement, including this provision
shall be valid unless reduced to writing and signed by both parties hereto.
14. Completion
The Lessee hereby declares that this agreement and schedule have been
completed in full at the time of signature and that the particulars herein
contained are correct in every detail.
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THUS DONE and SIGNED at ………………………………………………………
AS WITNESS :
1. ……………………………….
…………………
Lessee
2. .............................................
AS WITNESS :
1. ……………………………….
…………………
Lessor
2. .............................................