Kingston Car Spa (Scotland) Ltd. Terms & Conditions of Sale
We are Kingston Car Spa (Scotland) Ltd (company number SC 113598) and our address is Strathclyde Business Centre 120 Carstairs Street Glasgow G40 4JD (referred to as "we" or "us" or "our"). Our Vat Reg No : 596 7998 38. When we refer to “you” we mean the user and/or browser of our website.
These are the terms and Conditions of Sale for Kingston Car Spa (Scotland) Ltd.
1. Kingston Car Spa (Scotland) Ltd are a Scottish company and are governed by Scots Law. Should any dispute arise the laws of Scotland shall determine the outcome of any such dispute over the interpretation and use of our website Terms and Conditions.
On the Entry Date the Tenant shall pay the Landlord the Deposit. The Landlord shall not be required to account to the Tenant for any interest on the Deposit. It is understood that such Deposit shall be retained by the Landlord for the period of the Lease. The Landlord will repay the Deposit to the Tenant under deduction of:
(a) the amount of any sums due and unpaid by the Tenant in the terms stated in this Lease;
(b) Any costs, loss or damage incurred by the Landlord as a result of failure of the Tenant to implement any obligations in terms of this Lease which, without prejudice to the foregoing generality shall include Solicitors and other professional expenses (if applicable) and costs of making good any damage occasioned to the Leased Subjects or the Building.
3. Insurance Premiums etc
The Tenants shall on demand pay the Landlords all reasonable premiums paid by them in effecting and maintaining all normal insurances for commercial property (including without limitation loss of rent insurance for three years and Third Party and Property Owners’ Liability cover) for the Leased Subjects.
Should the use or non-use of the Leased Subjects cause any increase in the cost of insuring same the Tenants shall on demand from time to time pay to the Landlords the amount of any such increase.
The Tenants shall at all times comply with the terms of the Landlords’ insurances of the Leased Subjects and the requirements of their Insurers.
Tenants will be responsible for insuring their own contents.
4. Service Charge Etc
The Tenant shall, within 14 days of demand, pay to the Landlord a service charge (together with any Value Added Tax if applicable) being a percentage or share calculated by the Landlords of the whole costs and expenses properly and reasonably incurred by the Landlord during the currency of the Lease in connection with (i) the electricity, lighting and cleaning of the Building or Common Parts and (ii) the management of the said Building in accordance with the principals of good estate management.
Such service charge if applicable shall be estimated by the Landlord (acting reasonably) and shall be payable monthly.
The Tenants shall, on demand, pay interest at 5% per annum above the Bank of Scotland Base Rate, from time to time, on all rent and other monies or sums due by them hereunder to the Landlords and that from the date upon which the same shall have become due until paid.
6. Rates etc
The Tenants shall pay all local rates and similar assessments or outgoings in respect of the Leased Subjects throughout the duration of the Lease and from the Entry Date hereof. The Tenant shall, with effect from the Entry Date, be responsible for any Local Authority rates, taxes, levies, charges, or other similar assessments or outgoings in respect of the Leased Subjects. The Tenant will be solely responsible for all telephone charges electricity/gas or other power supply charges exclusively servicing the Leased Subjects that the Tenant may incur during the period of the Lease. The Tenant shall be under an obligation to advise the appropriate authority of this responsibility at the Entry Date. The Tenant undertakes to settle all such accounts within a reasonable period following the due dates and at no time will refer any said accounts to the Landlord.
7. Permitted User
The Leased Subjects shall throughout the period of the Lease be used by the Tenants for the purpose stated in their Standard Leasing agreement under the appropriate class of the Town and Country Planning (Use Classes) (Scotland) Order 1997] and for no other purpose without the prior written consent of the Landlords which consent shall not be unreasonably withheld or delayed.
Generally the Tenants shall not do or permit to be done upon or in connection with the Leased Subjects anything which shall be or tend to be a nuisance, annoyance or cause of damage to the Landlords. The Landlord shall, provided the Tenant complies with the terms of this Lease, permit the Tenant to enjoy quiet possession of the Leased Subjects.
8. Planning Applications
The Tenants shall not make any application for Planning Permission relative to the Leased Subjects or any part thereof except with the prior written consent of the Landlords, which consent shall not be unreasonably withheld or delayed.
9. Repair and Maintenance
The Tenants shall accept the Leased Subjects of the Building as in good and tenantable condition and repair. Accordingly the Tenants shall at their own cost and expense repair and maintain and paint and decorate (in every case in accordance with a colour scheme previously approved in writing by the Landlords, such approval not to be unreasonably withheld or delayed) and when necessary renew and replace the Leased Subjects (both interior and exterior) in like condition all to the reasonable satisfaction of the Landlords’ throughout the period of the Lease but excepting from this obligation all damage covered by the Landlords’ insurance so long as the Landlords’ policies shall not have been vitiated or the policy monies refused or withheld in whole or in part in consequence of some act or default on the part of the Tenants or those for whom they are responsible.
Without prejudice to the foregoing, the Tenants shall, at the expiry of the Lease if so requested by the Landlords paint and decorate the Leased Subjects internally and externally.
In the event that the Leased Subjects shall be given up, at the expiry date of the Lease, in a condition which is not commensurate with the due implement of the foregoing provisions, the Tenants shall pay, on demand, to the Landlords a sum equal to the cost estimated by the Landlords (acting reasonably) of carrying out the works necessary to put the Leased Subjects into the same or similar condition as the subjects were in at the commencement of the Lease.
The Tenants shall not be entitled to make any alterations to the Leased Subjects except with the prior written consent of the Landlords, which consent shall not be unreasonably withheld or delayed.
11. Assignations etc
The Tenants shall not be entitled to assign, sub-let or otherwise in any way or for any purpose deal with their interest in the Leased Subjects or any part thereof except with the Landlords’ prior written consent which consent shall not be unreasonably withheld or delayed.
12. Statutory Obligations
The Tenants shall at their own expense execute all works which may by statute or otherwise be directed or required by any Local or Public Authority to be executed to the Leased Subjects and that whether by the Landlords or the Tenants: the Tenants shall, at their own cost and expense, comply with all other obligations (whether falling on the Landlords or the Tenants) imposed by or under statute in respect of the Leased Subjects the permitted user thereof or otherwise.
13. Landlords’ Right to Carry Out Works
In the event that the Tenants shall, after a written demand, fail to carry out any works to the Leased Subjects for which they are responsible in terms hereof the Landlords shall be entitled (without prejudice to their other rights including their right to irritate the Lease) to carry out such works or any of them in which event the Tenants shall on demand pay to the Landlords the whole costs incurred by them in so doing.
14. Landlords’ Access
There shall be reserved to the Landlords and their Agents and others authorised by them, with or without workmen, right of access to the Leased Subjects at all times (on giving reasonable prior notice except in the case of emergency) for all reasonable or necessary purposes including without prejudice to the generality to carry out alterations or repairs or other works to other parts of the Building to carry out any works in terms of Condition 13 hereof and to show the same to prospective tenants. The Landlord and the parties permitted by them will cause minimal disturbance to the Tenant in exercising their right of access.
15. Service Reservations
There shall be reserved to the Landlords and those authorised by them the right to connect to and use all existing drains, pipes, cables and other conducting media in about or passing through the Leased Subjects and subject to doing so in such a manner as will in so far as reasonably practicable, minimise disturbance the right to lead new services over or through the Leased Subjects. The Landlord shall be liable for all costs associated in same and compensate the Tenant for any damage or destruction of their fittings, fixtures and stock as a consequence of exercising such right.
16. Prohibited Activities
The Tenants shall not:-
(i) use the Leased Subjects or any part thereof for any noxious or offensive trade or business or for any purpose or in any manner which may in the reasonable opinion of the Landlords cause a nuisance or inconvenience to the Landlords or any of their tenants or to any occupier of premises in the neighbourhood;
(ii) do anything which shall cause excessive wear and tear to the roads and accesses to the Leased Subjects or to the Building;
(iii) use any communal yard areas or other parts of the Building for the purpose of open storage;
(iv) do anything which may cause an obstruction to the free flow of pedestrian or vehicular traffic along the roads and footpaths around the Building;
(v) form any refuse dump or rubbish or scrap heap on the Leased Subjects or on any part of the building and the Tenants shall remove at least once a week all refuse which may have been accumulated on the Leased Subjects and all used tins, cans, boxes and other containers and shall generally keep all vacant ground forming part of the Leased Subjects clean and in good order;
(vi) permit any sale by auction to be held upon the Leased Subjects;
(vii) permit oil, grease or other deleterious matter to enter the drains of the Leased Subjects, but shall employ, such plant for treating any deleterious effluent as may be reasonably required by any local or public authority before permitting such effluent to enter the said drains;
(viii) keep or store any goods of a hazardous nature or carry on any hazardous process or trade on the Leased Subjects without having first obtained the written consent of the Landlords the Insurers and any Statutory Authority whose consent is required and subject always to the Tenants observing all conditions contained in such consents;
(ix) excavate any soil, earth, sand, gravel, stone or any other minerals whatsoever on or removing the same from the Leased Subjects;
17. Title Conditions
The Lease is granted subject to and the Tenants shall perform and observe the whole real burdens, conditions, servitudes, wayleaves and others, however constituted, affecting the Leased Subjects or any part or parts thereof.
The Tenants shall indemnify and keep indemnified the Landlords against all liability howsoever arising as a consequence of any breach by the Tenants of the obligations on their part herein contained.
If the rent payable hereunder or any of the other sums payable by the Tenants to the Landlords hereunder shall remain due and unpaid for a period of fourteen days or if the Tenants shall fail to implement any of their other obligations hereunder or if the Tenants shall go into liquidation or receivership or have an Administrator appointed or be wound up or dissolved or if the Tenants shall become apparently insolvent or sign a Trust Deed for their creditors or otherwise be unable to meet their commitments then and in any such event it shall be in the sole option of the Landlords to terminate the Lease forthwith but reserving to the Landlords their right of action in respect of any antecedent breach of the Tenants’ obligations.
20. Removal at Expiry
The Tenants shall vacate the Leased Subjects at the expiry or earlier termination of the lease without any warning away or other process of law but subject to the whole provisions hereof including, without prejudice to the foregoing generality, the provision of Condition 9 hereof.
Any notice to the Tenants shall, without prejudice to other modes of service, be sufficiently served if sent by Recorded Delivery Post to the Tenants at the Leased Subjects or such other address as the Tenants may, with specific reference to this Condition, intimate in writing to the Landlords.
The Tenants shall, on demand, pay for:
(i) The cost of Stamp Duty Land Tax (if any);
(ii) The Landlord’s legal costs in the preparation and execution of this Lease and the cost of registration of the Missives in the Books of Council and Session and obtaining three Extracts (one for the Tenants);
(iii) The Landlords’ reasonable Solicitors’ costs in connection with the recovery of any rent or other arrears hereunder.