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A.
OPERATION OF THIS AGREEMENT
The Exhibitor (being
the applicant under the Exhibit Contract set out on the reverse of these
terms and conditions) shall be bound by these terms and conditions, the
rules and regulations as set out in the Exhibitor Manual and all other
documentation which may be supplied to the Exhibitor from time to time
(‘Rules and Regulations’). [No variation to these terms and conditions
or the Rules and Regulations is permitted other than where such variation
is made in writing and is signed by an authorised official of
International Trade and Exhibitions (JV) Ltd, (“ITE”).] The Exhibitor
shall be deemed to act as agent in respect of each stand sharer who shall
be bound by these terms and conditions and the Rules and Regulations as if
they were the Exhibitor. Exhibitors must notify ITE of any stand sharers
within 90 days of the Exhibit.
B. PAYMENT
No Exhibitor shall be
permitted to exhibit unless he has paid to ITE prior to the Exhibition all
of the agreed fees as set out on the Exhibit Contract on or by the dates
specified therein. All Technical Services will be provided by ITE LLC
Moscow and will be applicable to local VAT.
C. DISCRETION TO
REFUSE ENTRY
If ITE believes that
the Exhibitor or its stand sharer will use the Exhibition to advertise or
otherwise promote services that ITE deems to be directly or indirectly in
competition with ITE then ITE reserves the right, in its absolute
discretion, to refuse to allow the Exhibitor or its stand sharer to attend
the Exhibition. If ITE exercises this discretion then any monies paid to
ITE by the Exhibitor under this agreement will be repaid in full.
D. COMPLIANCE
At all times during
the period from the installation to the end of dismantling the Exhibition
(the “Exhibit Period”), Exhibitors must comply with the rules and
regulations of any and all Government, local authority or other regulatory
body including, but not limited to any buildings regulations.
E. NO ASSIGNMENT
The rights of an
Exhibitor under this agreement shall not be assignable to any other person
and no Exhibitor may assign his space, or sublet the whole or any part of
the space contracted for. An Exhibitor has no right to occupy any
particular space, although its requirements will be taken into account
when it comes to allocating space.
F. CONDUCT AT THE
EXHIBITION
For the duration of the Exhibit Period, Exhibitors agree to procure that they and their employees, agents or stand sharers shall not:
• adopt unusual promotional plans without the approval of the
Exhibit Committee;
• obstruct the view of or otherwise distract adjacent exhibits by the arrangement or operation of sound, lighting or other equipment;
• permit raffles, donations or other promotional measures that
require members or guests to be present at a specified location
and time;
• remove their stand from the Exhibition prior to the termination of the Exhibition; or
• operate in any manner objectionable to other exhibitors or to ITE. In any event, the Exhibitor hereby agrees to abide by and to ensure that its employees, agents or stand sharers will abide by the rules and regulations of the relevant Exhibition provided to the Exhibitor. The Exhibitor will be provided with a copy of the Rules and Regulations at or prior to the Exhibition. If the Exhibitor or its employees, agents or stand sharers act in breach of this clause then ITE may, without prejudice to any other remedy available, refuse such person entrance to the Exhibition or require such person to remove himself and his Exhibit from the Exhibition. [In such an event, it is acknowledged that no refund of any monies paid to ITE in connection with this agreement will be made available and such monies will remain the property of ITE.]
G. INSURANCE
Exhibitor hereby
agrees to ensure at all times that it or its stand sharer shall maintain
adequate insurance with a reputable insurer for any loss or damage
incurred by the Exhibitor or a third party in connection with the
Exhibition. The Organiser, upon receipt of payment on the terms as
stipulated in this Agreement, will take out and maintain a contract of
insurance providing cover to the Organiser against legal liability to pay
damages in respect of a) accidental personal injury to any person (other
than employees) b) accidental property damage (other than property
belonging to the Exhibitor or in the Exhibitor’s care, custody or
control) which occurs in connection with attendance at the Exhibition.
This cover will only apply in excess of any other cover in force up to a
limit of £2,500,000 in total. The Registration and Administration Fee
includes the Organiser taking out and maintaining its insurance policy.
The Organiser does not provide any advice concerning its insurance cover
and it is for the Exhibitor to read the summary terms of the Organiser’s
policy and to decide if it is adequate.
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H.
CANCELLATION
Should an Exhibitor wish to cancel its application to attend the
Exhibition he must give notice in writing, such notice shall not be deemed
to be given until it is received by post or by fax at the offices of ITE
as set out below (notice by email will not be accepted).
If such notice is given:
•
prior to the Final Payment Date, then ITE will be entitled to
retain the entire Deposit or receive the balance of the Deposit should any
monies remain owing; or
•
at any time on or after the Final Payment Date, then ITE will be
entitled to retain the entire Total Cost or receive the balance of the
Total Cost not already paid. Where applicable, the terms used in this
clause have the same meaning as set out in the accompanying Exhibit
Contract.
I. FORCE MAJEURE
None of ITE, its subsidiaries, employees, agents, sponsors or the Exhibit
Committee (its “Connected Persons”) shall be liable for loss, damage
or delay resulting from acts of war, civil commotion, strikes or lockouts,
shortage of labour, default or failure of suppliers, government action,
intervention, law or regulation, military activity, act of God, fire,
flood or any other circumstances beyond ITE’s reasonable control which
shall make it impossible or inadvisable for the Exhibition to be held at
the time and place provided, and ITE reserves the right to re-schedule the
Exhibition at another date and/or at any alternative site. The Exhibitor
acknowledges that ITE will have sustained damages and losses as a result
of the foregoing and shall and does hereby waive all claims for damages or
compensation in respect of any act or omission of ITE or any of its
Connected Persons as a result of any of the foregoing. The monies paid to
ITE as fees or otherwise in connection with the Exhibition shall remain
the property of ITE.
J. PASSPORT & VISA
ITE or its Connected Persons shall not be responsible for assisting the
Exhibitor with obtaining a passport or a visa for entrance into the
country where the Exhibition is to be held. Should an Exhibitor fail to
obtain these documents any monies payable in accordance with the Exhibit
Contract shall remain owing in full.
K. EXCLUSION AND LIMITATION
OF LIABILITY - IMPORTANT
Save as provided otherwise below, the Exhibitor hereby acknowledges and
agrees that none of ITE or its Connected Persons shall in any
circumstances be held liable for any loss or damage incurred by the
Exhibitor, its employees, agents or stand sharers not arising as a result
of the fault negligence or comission of ITE or its Connected Persons
including, but not limited to those losses or damages arising as a result
of:
•
the actions or omissions of freight shipment (transport, handling
and clearing) contractors; or
•
any errors or omissions on copy prepared and submitted by a third
party in connection with the Exhibition; or
•
the theft or loss of any equipment or personal effects of the
Exhibitor, its employees, agents, contractors, invitees or stand sharers
(whether or not security staff are present at the Exhibition); or
•
any conflicts or misinterpretations arising with the host county,
the Exhibit’s sponsors, agents or other bodies regarding any and all
aspects of the Exhibition which may affect the Exhibitor.
Without limitation to any other provision herein the aggregate liability
of ITE to any Exhibitor whether a claim is made under contract, tort
(including for negligence), breach of statutory duty or otherwise shall
not exceed the total amount of fees paid by the Exhibitor to ITE in
accordance with this agreement, save that ITE shall be responsible for the
loss or damage incurred by the Exhibitor as a result of bodily injury or
death to any person, to the extent that such loss, injury or death is
caused by ITE’s or its Connected Persons’ wilful or negligent acts or
omission in connection with the Exhibition.
L. EXHIBITORS INDEMNITY -
IMPORTANT
The Exhibitor hereby indemnifies ITE in full in respect of any loss,
damage, injury, liabilities or costs incurred by any of ITE or ITE’s
Connected Persons and in respect of any such claims made by a third party
against ITE or its Connected Persons, which arise as a result of the
fault, negligence or omission of the Exhibitor or its employees, agents,
contractors, invitees or stand sharers.
M. GENERAL
The Exhibitor expressly acknowledges that no representations, guarantees
or assurances - whether oral or in writing - have been made or are to be
implied or considered collateral to these terms and conditions (including,
in particular but without limitation any statements relating to the
potential business which may be generated by the Exhibition). The
Exhibitor further acknowledges that these terms and conditions and the
accompanying Exhibit Contract constitute the entire agreement existing
between the parties. Any previous agreement between the parties relating
to the provision of exhibition space shall cease to have further effect.
This agreement shall be governed by and construed according to English
Law. Any dispute between the parties under this Agreement hereby submit to
the exclusive jurisdiction of the English Courts.
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