B&V Marine Langkawi SDN BHD (908752-D)

NOW THIS AGREEMENT WITNESSETH and it is hereby agreed as follows: -

1. The Owner shall from the commencement date described in the Schedule and for the term therein mentioned be entitled to use of the boat storage berth described in the said schedule for the boat described in the Schedule (hereinafter called ‘the boat’).
2. The Owner shall pay to the B & V Marine Langkawi SND. BHD., a rental for the said berth at the rate and on the date or dates mentioned in the Schedule.
3. The owner shall insure the boat for its full insurable value against loss, damage and 3rd party damage of any kind arising from whatever cause.
4. Without affecting any other rights in law or equity which B & V Marine Langkawi SDN. BHD. may have against the Owner in the event that the Owner shall fail to pay the rent or any other monies including repairs, maintenance and supplies owning to the B & V Marine Langkawi SDN. BHD.;
1. The B & V Marine Langkawi shall have a lien upon the said boat and may detain the same at any time it is lawfully in its possession until such sum or sums are paid. In the event that such sums are not paid within Fourteen (14) days after notice of such lien has been given by the B & V Marine Langkawi to the Owner, by e-mail the B & V Marine Langkawi may cause the boat to be sold either by public or private sale and may first retain from the proceeds of such sale the expenses thereof and the amount due to the B & V Marine Langkawi under this Agreement and shall then return to the Owner any surplus of such proceeds. In the event that the proceeds of such sale are not sufficient to pay such expenses and the amount due to the B & V Marine Langkawi hereunder, the Owner shall forthwith pay the same.
2. The B & V Marine Langkawi may remove the boat to open or other storage and relate the berth previously occupied by it and retain any prepaid fees as liquidated damages.
3. Such Notices of Lien can be given by the B & V Marine Langkawi to the owner at the address above written and upon the said Notice being sent by Certificate of Posting, irrespective of whether such Notice actually reaches the Owner or not, it shall be deemed to have been so received by the owner.
4. Once the said Notice of Lien has been so sent and the Owner does not pay the Marine the sums outstanding within Fourteen (14) days of the date of the said Notice of lien, the B & V Marine Langkawi shall be fully empowered to put the said boat up for sale as described at Para (a) above.
5. The B&V Marine shall not be obliged to obtain a valuation prior to a sale due to non-payment of B & V Marine Langkawi charges and shall be empowered to offer the said vessel to the highest offer or bidder at its sole discretion.
5. The owner shall on demand reimburse the B & V Marine Langkawi in respect of any damage or injury caused by the Owner, his servants, agent, invites and other permitted use of the boat and storage area, wharves, gates, and any other B & V Marine Langkawi property. The certificate of the Manager for the time being of the B & V Marine Langkawi as to the cost of such damage shall be prima facie evidence thereof in any Court of law. Such loss and damage so certified may be recovered by the B&V Marine Langkawi from the Owner as liquidated damages and may be made the subject of the lien referred to in Clause 4.
6. The Owner hereby agrees to indemnify and save harmless the B & V Marine Langkawi against all liability, loss, damages, costs or expenses which it may incur by reason of the injury to any person or property through the negligent or willful act of the Owner, his servants, agents or invites in or about the use of the said boat, its fittings fixture and equipment and / or about the use of the B & V Marine Langkawi generally, it’s plants, firings, fixtures and equipment. The Owner further agrees to indemnify release and save harmless the B & V Marine Langkawi, its servants and agents from any all liability for damages, for personal injury, loss of life or property to himself, his family, his employees, invites, guests and agent arising out of the use of the said boat, its motor and accessories or the use of the B & V Marine Langkawi premises including, ladders, car parks, fork lifts, motor vehicle, winches and other equipment.
7. Director’s Guarantee: If the Owner is a corporation and this agent Agreement is executed on its behalf by a director thereof, such director shall by virtue of such execution and in consideration of the B & V Marine Langkawi agreeing to enter into this Agreement with the Owner, personally guarantee to the B & V Marine Langkawi the due performance by the owner of each and every term and condition of the said Agreement.
8. This Agreement may be terminated in the manner following:
1. By breach of any of the terms and conditions of this Agreements (in which event the Agreement shall become violable at the option of the B & V Marine Langkawi);
2. By notice in writing of the Agreement given by the B & V Marine Langkawi to the Owner or
3. By notice in writing of the termination of the Agreement given by the Owner to the B & V Marine Langkawi provided however that such notice should be accompanied by payment of all monies then owning under this Agreement together with unpaid fees and charges for the unexpired term of this Agreement.
9. The Owner agrees to observe and be bound by the by laws of the B & V Marine Langkawi shall be deemed to be incorporated in and form part of this Agreement. The said by-laws in force at any particular time shall be the by-laws posted on the B & V Marine Langkawi’s notice board by the authority of the Manager thereof.
10. The B & V Marine Langkawi shall not be responsible for any loss of or damage to the boat, its fittings, fixtures and equipment resulting from and cause other than theft and negligence of its servants or agents.
11. The Owner hereby authorizes and empowers the B & V Marine Langkawi, its servants and agents to enter upon the boat and to move maneuver the same within the B&V Marine Langkawi precincts and also to remove the same may be necessary or deemed expedient by the B & V Marine Langkawi Manager.
12. The right created by this Agreement is not assignable by the Owner and the Owner may not sublet the boat storage berth in the schedule.
13. Any notice required by this Agreement to be given by the B & V Marine Langkawi to the Owner shall be sufficiently given and served if posted to the owner by prepaid postage to his address OR email address shown in the Schedule here to.
14. This Agreement is subject exclusively to the Laws of Malaysia and no other nation and in the event of any disputes; the Malaysian Courts shall have the only jurisdiction to adjudicate upon such disputes.

Whenever the context on this agreement requires, the masculine gender the feminine or neuter and the singular includes the plural and whenever the word B & V Marine Langkawi is used herein it shall include all Assignees of the B & V Marine Langkawi. If there is more than one Owner named in this Agreement, the liability of each shall be joint and several.