"Agreement" means the agreement between the Customer and City Gas for the lease of the Appliance comprising the Application Form and these Conditions.
"Appliance" means the appliance specified in the Application Form.
Application Form" means the application form attached to these terms.
"City Gas" means City Gas Pte Ltd (as trustee of City Gas Trust).
"Conditions" means these terms and conditions set out in Clause 1 to Clause 12 (inclusive).
"Customer" means the customer named in the Application Form.
"Location" means the location at which the Appliance is to be installed, limited to HDB homes only.
2. Rental of Appliance
City Gas shall rent the Appliance to the Customer on the terms and subject to the conditions of this Agreement.
A customer may apply to rent a gas water heater, gas clothes dryer or any other appliance marketed under the brand name "City Gas" by sending an application form to City Gas (an "Application").
City Gas reserves the right to accept or reject any Application submitted by a customer. No Application shall be deemed to be accepted by City Gas until the Appliance is installed at the Location.
City Gas reserves the right to request additional supporting documents for the purposes of verifying any information provided in the Application Form.
4. Application Processing Fee
Upon submission of the Application, the Customer shall pay a rental processing fee for the purposes of processing the Customer's Application. This processing fee is not refundable.
5. Installation Conditions
City Gas will only install the Appliance after:
the processing fee and all other relevant payments have been made by or on behalf of the Customer;
City Gas has conducted a site survey on the Location and has veriﬁed the suitability of the Location for installation of the Appliance; and
City Gas has conﬁrmed that the Customer has a valid SP Services Utility Account.
6. Installation Fee
Subject to Clause 5, City Gas or its representatives shall install the Appliance, excluding any plumbing services at no additional charge.
The rental processing fee and monthly rental fee prepaid by the Customer shall be refunded in the event that the Application is cancelled by Customer in writing before the Appliance is installed at the Location.
8. Rental Period
The rental period for the Appliance (the "Rental Period") shall commence on the date the Appliance is successfully installed (the "Rental Commencement Date") and shall continue for a period of two (2) years (the "Minimum Rental Period"), unless this Agreement terminated earlier in accordance with its terms.
The Rental Period shall automatically extend at the end of the Minimum Rental Period for a further period of two (2) years (the "Extended Period").
At the end of the Rental Period or on the earlier termination of this Agreement, City Gas's consent to the Customers' possession of the Appliance shall terminate and the Customer shall allow City Gas or its representatives access to the Location or any premises where the Appliance is located for the purpose of removing and retaking possession of the Appliance.
Any reinstatement of the Location or any premises after removal of Appliances and/or the gas pipes associated shall be undertaken by the customer.
9. Termination by the Customer
The Customer shall not terminate this Agreement during Minimum Rental Period. During the Extended Period, the Customer may terminate this Agreement by giving not less than 1 month's written notice to City Gas.
Any termination by the Customer shall only be eﬀective when the Customer returns the Appliance to City Gas. If the Customer fails to return the Appliance to City Gas, the Agreement shall remain in force and the Customer shall continue to pay the monthly rental fees.
If the Customer terminates this Agreement before the expiration of the Rental Period, the Customer shall not be allowed to enter into another appliance rental agreement with City Gas for a period of six (6) months after such termination.
10. Termination by City Gas
City Gas may terminate this Agreement at any time by giving not less than 1 month's written notice to the Customer. Without prejudice to the foregoing, City Gas may also terminate this Agreement immediately under the following circumstances:
poor environmental circumstances, resulting in diﬃculty in managing and maintaining the Appliance;
any abnormal usage of the Appliance;
any sale, transfer and/or sublease of the Appliance;
any unauthorized modiﬁcation of the Appliance;
the SP Services Utility Account that is linked to the Customer's City Gas account is terminated for any reason;
in the event that the monthly rental fees are overdue for three (3) months or more; or
any breach of any term of this Agreement.
11. Early Termination Fee
If this Agreement is terminated for any reason during the Minimum Rental Period, the Customer shall pay a termination fee equal to 50% of the total sum of monthly rental fees for the remainder of the Minimum Rental Period calculated on a calendar month basis.
12. Title to the Appliance
The Appliance shall at all times remain the property of City Gas, and the Customer shall have no right, title or interest in or to the Appliance (save for the right to possession and use of the Appliance subject to the terms and conditions of this Agreement). The Customer shall not (and shall not attempt to) transfer, sublease or resell the Appliance.
13. Appliance Loss Fee
If the Appliance cannot be located or is damaged beyond repair, the Customer shall pay an Appliance Loss Fee calculated as follows:-
Appliance Loss Fee= (Appliance Price)-[(Appliance Price/24) x Paid Month]
Regardless of the commencement date and expiry/termination date of the Rental Period, the monthly rental fee specified in the Application Form shall be charged in full on a calendar month basis from the month following the Rental Commencement Date until the month in which (i) the Rental Period expires in accordance with Clause 8; or (ii) this Agreement is terminated in accordance with Clause 9 or Clause 10 (as applicable), whichever is the earlier.
Unless otherwise agreed by City Gas, the monthly rental fee shall be billed in accordance with the billing date for the SP Services Utility Account. In the event of termination of this Agreement either by City Gas or by the Customer, all monies owning to City Gas shall become due immediately.
Any dispute regarding billing must be communicated to City Gas in writing within thirty (30) days from the date of the relevant bill, failing which the bill shall, in the absence of any manifest error, be conclusive and binding on the Customer. Notwithstanding any dispute regarding the amount stated in a bill, the Customer shall promptly pay any outstanding amount which is not in dispute.
City Gas reserves the right to change the mode of billing from time to time.
All payments to be made herein by the Customer to City Gas shall be by way of directly debiting the Customer’s SP Services Utility Account or any other modes of payment approved by City Gas from time to time.
16. Non-Payment of Rental
Notwithstanding anything to the contrary in this Agreement, City Gas may at its discretion terminate any services provided to the Customer and retrieve and repossess the Appliance in the event that the Customer continually fails to pay the any fee owing under this Agreement (including the rental fee) when it is due. City Gas shall be entitled to use any legitimate means to collect any outstanding amounts, which shall include (but is not limited to) engaging collection agencies and commencing legal proceedings.
17. Warranty and Maintenance Service
The warranty for the Appliance includes free replacement parts as deemed necessary by City Gas and scheduled maintenance services during the Rental Period. Notwithstanding the foregoing, City Gas shall not provide any free parts or perform any maintenance services in the event of any improper usage of the Appliance or unauthorized servicing. The Customer shall under no circumstances attempt to or permit any party to dismantle, repair, undertake maintenance work or replace any ﬁlters or parts of the Appliance and if the Customer does, permits or attempts to do so, the warranty will void, and in any case, the Customer shall be liable for any damage to the Appliance as a result of the same.
City Gas reserves the right to charge the Customer for the costs of additional maintenance services which City Gas deems necessary, if such additional maintenance costs arise due to improper use of the Appliance, including any use of the Appliance beyond its intended purposes.
City Gas reserves the right to repair or replace the Appliance or any part of the Appliance at its sole discretion if there are defects to the Appliance during the Rental Period. Upon any repair or replacement of any Appliance or any part of the Appliance, the old Appliance and/or all used or replaced components of the Appliance or any part of the Appliance shall remain the property of City Gas.
City Gas reserves the right to cease all warranty, maintenance or reinstallation services in the event that the Customer moves the Appliance to a new location without the prior express written consent of City Gas, which City Gas may grant or refuse in its sole and absolute discretion. Without prejudice to the foregoing, City Gas shall be entitled to impose labour charges for each request to remove and/or reinstall the Appliance if the Customer makes such a request, provided that in any case the Customer shall be responsible for transporting the Appliance to the new location.
18. Personal Information / Personal Data
The Customer consents to City Gas, its related corporations and its subcontractors using, disclosing and/or processing any personal data relating to him/her in connection with the provision of services under this Agreement, including but not limited for the purposes of processing any Application, delivering and installing the Appliance, providing any warranty or maintenance services, billing, processing any payments and enforcing any rights against the Customer.
In connection with the consent provided in this Clause, City Gas may make available the Customer's personal data to any of its related corporations, those who provide products or services to City Gas or any of its related corporations, any regulatory authorities under any applicable laws for any purposes and governmental or quasi-governmental organisations.
The Customer must inform City Gas in writing of any changes or amendment to the Customer’s personal details (address, telephone, etc.) as soon as possible.
19. Miscellaneous Provisions
If there is an inconsistency between any of the provisions of these Conditions and the provisions of the Application Form, the provisions of the Application Form shall prevail.
No variation of this Agreement shall be effective unless it is in writing.
This Agreement shall be governed by and construed in accordance with Singapore law.
Each party hereto agrees that the courts of Singapore shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation.
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