Terms & Conditions

DEFINITIONS

The “Owner” is SEWA Dinamik Sdn Bhd.
The “Hirer” refers to the person, representative or company hiring from the Owner.
The “Site” refers to SEWA Dinamik Sdn Bhd website.
The “Furniture” means all such things as may be supplied by the Owner to the Hirer including but not limited to the equipment, furniture and/or props subject to the terms and conditions imposed by the Owner to the Hirer.
“Terms” means these Terms and Conditions of Hire.

USE OF THIS SITE

By using the Site, you agree that any information, material(s), suggestion(s), idea(s) and/or comment(s) you send to the Owner and/or any other third party using the Site is non-confidential and/or does not belong to you and you shall have no rights in any manner whatsoever to such information, material(s), suggestion(s), idea(s) and/or comment(s).
By submitting and/or posting in any manner whatsoever any solicited and/or unsolicited information, material(s), suggestion(s), idea(s) and/or comment(s) using the Site, you grant the Owner an irrevocable, unconditional and/or unrestricted right and/or license to use, modify, reproduce, transmit, display and/or distribute such information, material(s), suggestion(s), idea(s) and/or comment(s) for any purpose whatsoever to the extent permitted by Malaysian law without any reference to you and the Owner shall not be liable and/or required to pay you or any party any monies derived in any manner whatsover and/or compensate you in any manner whatsoever arising from the Owner using, modifying, reproducing, transmiting, displaying and/or distributing the information, material(s), suggestion(s), idea(s) and/or comment(s) (or any part thereof).

LINKS

This site may contain links to other sites on the Internet that are owned and operated by third parties.
You acknowledge that we are not responsible for the operation of or content located on or through any such site and we shall not be liable in any manner whatsoever including but not limited to any loss, damage, claims, demands, costs, actions and/or expenses suffered and/or incurred by you and/or any third party arising from the use of the said site.

ORDER PLACEMENT

By making a booking through our website and/or making any payment and/or remittance of funds, the Hirer acknowledges and agrees to the Terms.
The hiring of the Furniture will commence from the commencement date specified on your invoice and expire on the date stated therein (“Hire Period”). The Hirer is entitled to use the Furniture during the Hire Period.
Any extension of the Hire Period must be agreed to by the Owner subject to the terms and conditions as may be imposed by the Owner.
The Hirer shall only use the Furniture at the location and solely for the purpose as stipulated in the order form.
For the entire duration of the Hire Period, the Hirer shall be liable and/or responsible for the Furniture and is liable for any damage, cost and/or expenses in any manner whatsoever occasioned to the Furniture and/or to any person including but not limited to any injury and/or damage caused by the willful act, default or negligence of the Hirer or the servants, agents or licensees of the Hirer and to pay and make good and indemnify the Owner and keep the Owner indemnified for all and every loss and damage cost and/or expenses whatsoever incurred and/or sustained by the Owner as a consequence of every breach or non-observance of the Hirer’s covenants herein contained and to indemnify the Owner from and against all whatsoever action(s), damages, claims, liability, costs and/or expenses thereby arising.
The Hirer shall not at any time during the Hire Period modify, alter, sub-lease, share, re-hire and/or part with possession of the Furniture or any part thereof to any person without the consent in writing of the Owner first being obtained which consent the Owner may lawfully refuse to grant without furnishing any reason whatsoever.
The Hirer shall not permit or suffer to be done in or upon the Furniture or any part thereof any act matter or thing whatsoever which may be or tend to cause annoyance nuisance damage inconvenience or disturbance and to indemnify and keep the Landlord indemnified against all claims actions, demands writs, summons, losses, damages, fines, penalties, costs and/or expenses arising from the breach thereof.
The Hirer shall not to do or suffer to be done any act or thing with the Furniture or any part thereof whereby the Owner would be answerable or liable or exposed to any penalty or fine.
The Hirer shall be liable to obtain all the necessary approval(s) from the relevant authority(ies) to allow the Hirer to utilise the Furniture and shall ensure that the utilisation of the Furniture will not breach and/or contravene the terms and conditions of such approval(s) and/or any provisions of any Act Ordinance Enactment Rule Regulations or By-Law now in force or hereafter enacted affecting the same.
The Owner shall not be held liable in any manner whatsoever for any loss and/or damage suffered and/or caused to any person, property, animal and/or things whatsoever arising from the use of Furniture and the Hirer hereby irrevocably and unconditionally agrees to indemnify and keep the Owner indemnified in any manner whatsoever in respect of any such claims including but not limited to loss, damages, claims, liability, costs and/or expenses.
The Hirer shall at all times hereafter indemnify and keep indemnified the Owner against all action proceedings costs expenses claims and demands whatsoever in respect of any such act mater or thing done or omitted to be done by the Hirer in contravention of any of the provisions herein contained.

PAYMENT

All rates stated on the Owner’s website is in MYR unless stated otherwise.
All rates are correct at time of publication and are subject to change at any time and from time to time without prior notice at the sole and absolute discretion of the Owner.
The Hirer agrees to pay the Owner the Security Deposit and hire fee for the Furniture during the Hire Period and the Hirer shall also be liable for all applicable GST, SST, stamp duties, penalties, levies and/or taxes if any is relevant to this agreement.
The full Security Deposit and hire fee should be paid by the Hirer to the Owner upon order confirmation and prior to the commencement date of the Hire Period. In the event payment is not made to the Owner upon order confirmation, the Owner shall be entitled to hire the Furniture to any third party subject to such terms and conditions as the Owner shall determine at its sole and absolute discretion without any further reference to the Hirer.
Orders will only be deemed confirmed once all payment and charges have been paid and received in full, without any deductions in any manner whatsoever and processed.
In the event the Hirer fails, neglects and/or refuses to return the Furniture after the expiry of the Hire Period, the Hirer shall pay to the Owner as agreed liquidated damages a sum equivalent to double the daily rental for each day’s delay thereto commencing from the expiry of the Hire Period up to the date the Furniture is returned to the Owner in accordance with the terms herein contained and without prejudice to Owner’s rights to take proceedings to enforce the other rights of the Owner as contained herein. The Owner shall be entitled but not obligated to deduct or set off the said sum against the Security Deposit PROVIDED ALWAYS that this shall not be deemed a waiver of any of the Owner’s rights whether herein contained or by law to recover any of the aforesaid sums and costs or balance thereof and shall be a considered a debt due by the Hirer to the Owner until the same has been fully paid forthwith recoverable by action.
The Hirer shall return the Furniture in the same state and condition as at the date the Furniture is delivered to the Hirer (fair wear and tear excepted) failing which the Hirer shall reinstate the Furniture in the same state and condition as at the date the Furniture is delivered to the Hirer at the Hirer’s own cost and expense. In the event the Hirer fails, refuses and/or neglects to reinstate the Furniture in accordance with the terms and conditions herein contained, the Owner shall be entitled to do the same and all such costs and expenses incurred shall be borne by the Hirer and the Owner shall be entitled but not obligated to deduct or set off the said sum against the Security Deposit PROVIDED ALWAYS that this shall not be deemed a waiver of any of the Owner’s rights whether herein contained or by law to recover any of the aforesaid sums and costs or balance thereof and shall be a considered a debt due by the Hirer to the Owner until the same has been fully paid forthwith recoverable by action.
The Security Deposit shall be refunded within thirty (30) days from the date the Furniture is returned to the Owner PROVIDED ALWAYS that the Furniture is returned in the same state and condition as the Furniture is delivered to the Hirer (fair wear and tear excepted). The Owner is entitled to offset from the Security Deposit any sums which are due and/or payable to the Owner as provided herein and thereafter to refund any balance thereof to the Hirer.

CANCELLATION

The Hirer may cancel an order by notice in writing to the Owner subject to the following terms and conditions:
1. The Owner shall forfeit 100% of the hire fees in the event the Hirer cancels and/or terminates any order seven (7) days or less from the commencement date of the Hire Period as specified in the invoice (“Commencement Date”).
2. For any orders cancelled or terminated thirty (30) days from the Commencement Date but more than seven (7) days from the Commencement Date, the Owner shall be entitled to forfeit 50% of the total hire fees. Any balance thereof shall be refunded to the Hirer within thirty (30) days from the date of receipt of written notice cancelling the order.
3. Any orders cancelled or terminated thirty (31) days or more from the Commencement Date, the Owner shall forfeit 20% of the total hire fees. Any balance thereof shall be refunded to the Hirer within thirty (30) days from the date of receipt of written notice cancelling the order.

DELIVERY & COLLECTION

All delivery and collection timings are between Monday to Saturday, 9.00am – 5.00pm. There is no collection on Sunday and Public Holidays.
The Hirer must provide safe and proper access to and at the event site to all the Owner’s contractors, employees, authorised agents and/or representatives at all times.
The Hirer shall be liable for all injury, loss and/or damage suffered by the Owner, the Owner’s contractors, employees, authorised agents and/or representatives and/or their vehicles at the event site.
Prices quoted are for delivery and dismantling on ground level. Additional charges may apply for delivery or dismantling any areas above the ground level.

DAMAGE

The Hirer is responsible and/or liable for the security of the Furniture at all times during the Hire Period including but not limited from the time of installation to dismantling as well as when the Furniture are in use or not in use. The Hirer will be held liable for damages that arises from:
- Damage resulting from improper loading, transportation, unloading, electrical surge;
- Damage due to theft or mysterious disappearance;
- Damage due to cigarette burns, wine spills, food stains;
- Damage due to confiscation of items by the local authorities due to inadequate licence or permit applied.

FORCE MAJEURE

Notwithstanding anything herein contained, neither party will be liable to the other for any breach or failure to perform any of its obligations under this agreement where such breach or failure is caused directly or indirectly by war, civil commotion, hostilities, strikes, lockouts, acts of God, governmental regulations, restrictions, rules or directions or the action or omission or purported action or omission of any governmental authority including but not limited to Movement Control Order and other similar restrictive orders, governmental department and agencies lockdown, or any other cause or causes beyond that party’s reasonable control, whether similar to any of the foregoing or not, but if either party is or is likely to be, affected by any such cause it will immediately notify the other party of the occurrence of the relevant event and will use all reasonable endeavours to overcome or mitigate the effects thereof