HOUSE RULES ANNEXURE D

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1 HOUSE RULES The aim of this annexure is to clearly explain to you, the tenant, the minimum requirements necessary for you to adhere to various basic house rules and to supply you with relevant information regarding the centre and the smooth and efficient running thereof. This manual is divided into four sections: 1. General Information 2. House Rules Administration The daytoday house rules are addressed in this section Kindly make note of such rules as the smooth running of the centre depends on your co- operation with our management team. 3. Emergency Procedures Emergency procedures are geared towards minimizing loss of property and life. You can assist in helping to ensure minimal loss in emergencies and this can only be achieved through your co- operation. Management will supply you with a copy of the emergency procedures. 4. Marketing Policy and Procedures The success of the daytoday promotions and running of the centre depends on your co- operation. Kindly make notes of the rules stipulated in page 8 & 9. The contents of this manual may have to be adapted with changes from time to time and Centre Management reserves the right to amend it at their discretion. 1

2 1. GENERAL INFORMATION 1.1 Building The shopping centre known to be developed and to be known as: Thavani Mall, situated on portion Erven 1 to 11 Thohoyandou Extension Township, Registration Division J.K., Limpopo Province, 1.2 Owners FLANAGAN & GERARD INVESTMENTS (PTY) LTD REG NO: 2007/031153/07 and THAVANI PROPERTY INVESTMENTS (PTY) LTD REG NO: 2006/017166/ Managing Agents TBA 1.4 Centre Management Office The Centre Management office is situated at. Postal Address: Physical Address: Telephone: Fax: E.mail: URL: Security and Emergency Telephone: Contact Persons: General Manager: 2

3 PA to General Manager: Operations Manager: Accountant: Assistant Accountant: Promotions Manager: PRO: Security: Cleaning: Management offices are open: Monday to Thursday : 08H00 17H30 Friday : 08H00 18H00 Saturday: 09H00 17H00 Sunday : 11H00 13H00 (Duty Manager only) 1.5 Thavani Mall s Compulsory Trading Hours Monday to Thursday: Friday: Saturday: Sunday: 09H00 to 18H00 (minimum) 09H00 to 19H00 (minimum) 09H00 to 17H00 (minimum) 10H00 to 14H00 (minimum) 1.6 Postal Facilities 1.7 Keys Tenants have the option of renting a post box from either. Centre Management does not possess keys to any of the shops. Should either you or your staff lose keys or arrive without them, we cannot assist you beyond making our telephone available for emergency use. Centre Management provide keys for the premises and the Lessee shall return to Centre Management, upon termination of the lease, all such keys and shall not permit such keys at any time to come into the possession or control of any other person other than the Lessee, its officials, employees or agents. 1.8 Access to the Building at Abnormal Times Should a tenant require access to the building between the hours of 23H00 and 06H45, he/she should make prior arrangements with Centre Management or Security. 1.9 Insurance Tenants are obliged to take out Plate Glass Insurance that covers all glass; window frames and temporary protection if broken glass cannot be replaced immediately, alternatively if plate glass insurance is taken out by the Landlord the cost will be recovered from the tenant. 3

4 It is also recommended that tenants arrange for the following insurance: fire and allied hazards (fire insurance) loss of profits (consequential damage insurance) public liability (selfexplanatory) housebreaking (selfexplanatory) loss of money (selfexplanatory) 1.10 Telephone Numbers Centre Management requires after hour telephone numbers of all tenants. management of your telephone number and of any changes thereto. Kindly notify 2. HOUSE RULES AND ADMINISTRATION 2.1 Rental Payments Rent is payable in advance on the first day of every month. obligation. Please comply with this legal 2.2 Rental Payments Cheques/payments should be sent to the Centre Management Office. If payment is by cheque and posted, kindly ensure that it reaches the management office on or before the first day of each month. Rental payments will also be accepted by telegraphic or bank transfer and the relevant bank account numbers will be obtainable from the Centre Management office. The Agreement of Lease provides for monthly turnover figures to be forwarded to the Centre Management Office. Kindly do so before the 7 th of the following month. 2.3 Bicycles, Vendors, Hawkers and Pets No bicycles, motor cycles, vendors, hawkers or pets are allowed in the building or in the Shopping Centre. 2.4 Common Areas All common areas such as arcades, foyers, passages, staircases etc. are intended for pedestrians and tenants should not permit articles or goods to be placed or stored in such areas. Tenant co- operation in this respect will assist in maintaining the image of the building and keep walkways clear in cases of emergency. No articles of any nature whatsoever may be placed or stored in the back yards. Obstruction of malls, corridors etc. constitute a statutory offence in terms of the municipal bylaws and may result in prosecution. 4

5 The landlord arranges for all common areas to be cleaned on a daily basis. It may happen that certain areas that have already been cleaned are littered, and it is in everyone s interest to ensure that the building and adjacent areas are kept clean at all times. Tenants should ensure that his/her employees do not use common areas for general recreation. Except with the written consent of Centre Management and in accordance with any conditions imposed by management, the tenant shall not sell merchandise or transact business in a common area or display or advertise merchandise or service in the common areas. 2.5 Loading Zone Tenants should instruct their suppliers to adhere to the area demarcated for all deliveries. The landlord does not supply labour for unloading and/or transport of goods. Tenants may not utilize security or building personnel to assist with such labour. Under no circumstances may tenants or their employee s park in loading zones. 2.6 Parking Undercover parking for tenants only is provided. Management will supply you with all the detail. Such bays will be rented out to tenants at a monthly rate. Tenants are to refrain from parking in prime areas, as these areas are for customers and visitors only. Tenants vehicles illegally parked will be clamped and will only be released on payment of a fine of R Moving stock through the Centre Tenants are requested to be especially careful during the moving of stock and equipment through the centre. Repairs arising from such movement will be recovered from the tenant concerned. Stock and equipment may not be left in the arcades, passages and entrances of the building as this is in direct contravention of the council bylaws. 2.8 Floor Loads Abnormally heavy equipment such as safes etc. may not be brought into the building without the landlord s permission. As the load bearing capacity of the floors is not the same throughout, tenants should consult the landlord in advance regarding the positioning of safes, large filing cabinets etc. 2.9 Alterations and Repairs Tenants are not permitted to make any alterations or additions (including changes in electric layout, sewerage and water supply) to the rented premises before obtaining prior written approval from the landlord. If the landlord approves alterations, he shall stipulate the conditions to be complied with before any work is commenced. All costs attached to alterations will be for the tenant s account. Upon 5

6 vacation of the premises, the tenant should remove the alterations and additions at his/her expense and restore the rented premises to its condition prior to alteration or addition. Tenants are expected to keep the interior of the rented premises in good order and condition and on expiry or premature termination of the lease or on vacation of the premises to leave them in the same good order and condition. Tenants are responsible for the cost of replacing or repairing floor coverings, power and telephone points, defective fluorescent lighting, globes, starters and ballast s, broken or cracked partitioning, glass panes, window and door panels, ventilation grids or any other item that forms part of the layout as supplied for the rented premises by the landlord. Repairs to the building or its equipment arising from damage by tenants are carried out only by artisans or contractors approved by Centre Management and to our satisfaction. Such costs shall be for the account of the tenant concerned. Any contractor appointed by Management or requested by tenant s, need an authorized permit. Application forms are available at the Shopping Centre s security office. A permit, in form of a clip- on card, must be displayed at all times by any contractor. Centre management reserve the right to remove any contractor off site that fails to comply with such requirements Refuse Removal Landlord : The landlord is responsible for the removal of refuse from the property according to municipal regulations. Cleaners will collect refuse from Monday to Saturday. Tenant : The landlord does not accept responsibility for the removal of waste such as carpets, planks, broken furniture etc. The tenant should arrange this personally with the local authorities. Such articles should be kept on the rented premises and not placed in back yards or passages. Because of fire hazards, refuse may not be accumulated or placed in passages in yards, except in the refuse bins supplied Airconditioning A central plant supplies airconditioning. Air of varying temperatures is supplied to the shops via ceilingmounted diffusers that are controlled by averaging thermostats located in each zone of shops. Air diffusers should not be obstructed on any account. Shops may be subdivided with partitioning, provided this is not full height and allows a minimum of 500mm clearance between the top of the partition and the underside of the ceiling tiles. The tenant is to note that a standard symmetrical layout of grilles and diffusers will be applied to the premises to best suit the airconditioning system. 6

7 The cost of changing the position of standard white painted grilles and diffusers and any change in colour or type, which involves additional cost, will be for the account of the tenant. Wherever it is required that air be extracted from an airconditioned space, a compensating ventilation air supply system will be provided at the expense of the tenant. The public toilets are provided with mechanical ventilation where required in terms of the National Building Regulations. The following room conditions have been used as a basis for design purposes. Such parameters should be obtainable, but cannot be guaranteed. Summer : maximum 20.0ºC Winter : maximum 24.0ºC Tolerance : 2.0ºC All odour and moistureproducing areas, such as beauty parlours, cloakrooms, restaurants, hair salons and the like will be provided with special exhaust systems as required by the local authorities. The costs of such systems will be for the account of the tenant. The airconditioning is designed to accommodate lighting and appliance load of and an occupancy load of one person per 4m². Any additional lights or fittings could adversely affect the airconditioning and changes required to the airconditioning to accommodate the tenant s specific requirements would be for the account of the tenant. A monthly service of the plant will be carried out and your premises will be without air- conditioning during the service Sign writing on Windows The tenant shall, at all times, maintain reasonable displays of merchandise in the shop windows of the premises (or in the front section of the premises if there are no windows) or bright and attractive promotions in the case of tenants not selling merchandise. The general appearance of windows and premises shall be subject to the discretion of the General Manager with respect to whether they are in keeping with the character of Thavani Mall. No posters, paper or other advertising material is to be affixed to the brickwork, outside doors and windows of the common area, without the approval of the General Manager. Tenants shall at all time participate in all promotions by decorating shop windows appropriately, throughout the year at the Centre. 7

8 2.13 Electricity 2.14 Water Tenants are responsible for electricity consumption charges in respect of rented premises. Each tenant s submeter is read on a monthly basis. The charge pertaining to consumption is reflected on a monthly rental account and is payable with the rent. If a tenant wishes to install additional electrical equipment on his/her premises, this is at his/her expense and prior approval should be obtained from the Centre Manager to ascertain whether the power supply to the premises is adequate. Electricity used by such equipment is for the tenant s account and will be calculated by the landlord or his consultants. In terms of the Agreement of Lease, the tenant is responsible for replacement of and repair to power. TV/FM and telephone connections, defective fluorescent tubes, globes, starters and ballasts. It is in the national interest to cooperate in conserving energy. Unnecessary use of electricity not only increases the consumption but also shortens the life of globes, fluorescent tubes and ballasts. All shops and toilets are supplied with cold water only. If a tenant wishes to install a hot water cylinder on his/her premises, he/she should contact the management office beforehand as there are certain details and conditions pertaining to the installation on which the landlord and tenant should reach prior agreement. It is in the national interest to guard against wasting water. Leaking taps should therefore be attended to immediately Security Services Security officers are on duty twentyfour hours per day all year round. Tenants are requested to report any suspicious persons, objects etc. to the security office in order to assist in maintaining a crimefree Centre. Please obtain an emergency guide for tenants from our Security Office Cleaning Service Common Areas : The landlord arranges for cleaning of all common areas, in accordance with a specified work programme. Shops : Tenants are responsible for the cleaning of the interior of rented premises as well as all shopfronts inside and outside the rented premises. 8

9 2.17 Lost Property Should any person find lost property at any stage or any where in the Mall, please report this to Centre Management office or Security Department. Visitors to the Mall always contact Centre Management office and/or Security Office to report their lost goods. MARKETING POLICY AND PROCEDURES We have a promotional court in Thavani Mall, which we rent out on an ongoing basis to outside companies. Tenants may book these courts to promote their products but not to trade. Sidewalk sales take place on a quarterly basis, throughout the Mall. This is the only time you are allowed to trade outside of your shop and/or if arranged with the Marketing department or Centre Management. We have a no smoking policy throughout the Mall, it is the duty of Centre Management, Security and Tenants to adhere to the policy at all times and to assist where needed. It is the responsibility of the Marketing Department of Thavani Mall to: Plan and organize all promotions and exhibitions held at Thavani Mall. Ensure that all promotions and exhibitions taking place at Thavani Mall is of a standard befitting the image of the centre. Ensure that all tenants maintain a high standard with regard to promotional material inside and outside stores. Coordinate and arrange promotions to generate additional income and to advise and assist tenants with their inshop promotions. Establish and identify the growth and needs of Thavani Mall by the foot count on a daily and monthly basis. Supply the Tenant with a notice board, in case of a tenant not being in his/her shop for any reason that may occur. Should a tenant loose these notice boards, the replacement will be for the account of the tenant. (Should you need to leave your shop please state the time you will be back and not back in five minutes ) Keep all our tenants informed of the day today activities in Thavani Mall on a monthly basis or when required. Establish the trading hours for Public holidays and December holiday period. Control and maintain the Customer Care kiosk at all times. Thavani Mall does not allow the following: Street collections and/or raffles Political and/or religious campaigns Sale of product by outside companies Bicycles, hawkers, vendors, motorcycles and pets in the Centre The promotion or sale of any product or service acting in opposition to any tenant of Thavani Mall. 9

10 The pasting of any advertising and/or promotional material inside a window of any shop. All advertising and/or promotional material must hang neatly from the ceiling in your window Any hand written notices pasted inside your window or door e.g. The advertising of vacancies The back in 5 minutes notice The No Trolleys notice The Open, please come in notice etc. The distribution of pamphlets, flyers and brochures in the Mall and parking area. No posters of outside companies will be displayed inside the Mall at any time. The poster boards throughout the center are there for corporate advertising and tenant use only. You are not allowed to have staff meetings and stock takes during trading hours. All meetings, staff training and stock takes must please take place in the morning before 09h00 or after 17h30. No poster boards, advertising material or stock of any kind will be allowed outside of your shop, without permission from Centre Management. You will be asked to remove any such items immediately. Should you need to close your shop for any reason at all, you must inform Management immediately. Rules for Approved Promoters No promotion should disturb normal trading of Thavani Mall tenants by means of using loud music, performances or announcements. No promotional material should be adhered to permanent Mall fixtures e.g. wall, pillars, windows, clock towers etc. Screens and poster boards are available for such purpose. No handwritten posters will be allowed. No promoters and/or exhibitors are allowed to put banners up without prior arrangement with Thavani Mall Marketing Department. No shop window or entrance will be obstructed in any way and sufficient foot traffic flow must be allowed. Should the promoter cause any damage to the property of Thavani Mall or that of its tenants, they shall be held responsible for any costs incurred. Should a promoter and/or exhibitor need any equipment from Marketing for a promotion, please book well in advance. (e.g. 14 days prior to promotion). Should you book too late the Marketing Department will not be able to assist you with the necessary equipment. Window and merchandise display Your window display and the way you display your merchandise inside your store tell a potential customer everything about your store. Please move your stock around on a regular basis and change your window display as often as possible. Do not put hand written signs all over the inside of your store. If you need to advertise inside your store and you cannot print a proper advertisement, please ask the Marketing Department personnel to assist you. HAND WRITTEN NOTICES BRINGS THE STANDARD OF YOUR SHOP DOWN. 10

11 YOU ARE NOT ALLOWED TO DISPLAY ANY PRODUCT OR ADVERTISING MATERIAL OUTSIDE YOUR SHOP IF IT IS NOT STANDING DIRECTLY IN YOUR LEASE LINE AND IF YOU DO NOT HAVE PERMISSION FROM CENTRE MANAGEMENT. THE MARKETING DEPARTMENT WILL REMOVE SUCH ITEMS IMMEDIATELY. Landlord s Right to Amend Rules and Regulations The landlord has, at all times, the right to alter and add to the rules and regulations, should they deem it necessary or desirable to do so for the purpose of regulating the general use of the shopping centre, or part thereof, or for the purpose of maintaining the safety, care and cleanliness of the shopping centre generally, or part thereof. The landlord shall notify the tenant of any change in any of the rules and regulations and shall furnish the tenant with a copy of any amendment or addition to the rules and regulations. This manual in no way substitutes or replaces the Agreement of Lease. This manual is purely to assist in understanding the Agreement of Lease and assist in the running of the centre. IN CONCLUSION You and Your Customer Whenever a customer enters your shop, you are given the opportunity of conducting business. Your profit depends on how you make use of this opportunity. A positive approach to selling is vital. It is important for you and your employees to always have the following: a friendly smile genuine interest in customer s problems thorough knowledge of your product a courteous approach We are here to serve the customer. employees. The extent of our influence rests with you and your The Obligation of Centre Management to Tenants We will always approach you with: a positive attitude an open mind a desire to assist Our aim is to create a shopping experience above the average shopping mall, where shoppers can spend time in an upmarket, clean and safe environment. LET S DO IT TOGETHER! 11

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