TERMS AND CONDITIONS OF STANDARD EXHIBITION CONTRACT
1. Payment
The total cost represents the payment for the site and shell. All other goods and services are required by the exhibitor including (without limiting the aforegoing generality) any charges incurred or disbursements made by the organiser on behalf or for the benefit of the exhibitor/seminar delegate, shall be paid for and/or reimbursed to the organizer within 30 days of date of invoice. But before the exhibition/seminar takes place.
The exhibitor shall not be entitled to occupy its site for so long as its in default of any of its obligations under this contract, and upon any such default, or in the event of the exhibitor failing to take, or giving up occupation of the site, all amounts of whatever nature owed or to become owing by the exhibitor to the organizer under this contract, shall become payable forthwith without notice, notwithstanding that the due date for such payments has not then arrived.
Interest at the rate of 2% per month or the maximum rate allowed by law (whichever rate is higher) shall be payable in respect of any amount outstanding for a period exceeding 14 days after the due date for payment, until payment is made.
Any use by the Exhibitor of the postal service or electronic transfer for the purpose of making payment shall be at the sole risk of the Exhibitor. Proof of payment must be faxed to "The Organiser"
2. Cancellation of Exhibition
In the event of the organiser agreeing to any request for release from the contract, the exhibitor shall be liable for all part of the cost stated in the contract overleaf on the following scale:
Cancellation at least 14 days before exhibition, the exhibitor to receive 60 per cent of whatever monies have been paid towards the exhibition.
Cancellation 14 days ore less before show = full cost of the amount paid will be withheld
3. Disclaimer of liability
No liability of any nature shall attach to the organiser in respect of any loss, damage or injury of whatever nature and however arising and by whomever suffered in connection with the exhibition, or the presence of any person or property thereat, of any failure, interruption or premature termination thereof, or any change in the venue thereof or the location of the site and whether or not attribute to:
3.1 Failure on the part of the landlord, or the organiser, or the exhibitor, or their respective servants, agents, contractors or invitees, to comply with the law or with any rule or regulation imposed by the landlord or the organiser, or
3.2 The negligence (gross or otherwise) on the part of the landlord, or the organiser, or their respective servants, agents, contractors or invitees, or
3.3 Any act or omission on the part of the exhibitor or any of its servants, agents, contractors or invitees, which constitutes, or if done or omitted by the organiser or any of its servants, agents, contractors, invitees would constitute a breach of the exhibition of the exhibition venue lease, or:
3.4 Circumstances beyond the control of the organiser.
The Exhibitor hereby indemnifies the organiser against any claim in respect of any such loss, damage or injury suffered by the exhibitor or its servants, agents, contractors or invitees, which is attributed to such failure, negligence, act or omission on the part of the exhibitor or any of its servants, agents, contractors or invitees.
The organiser shall not be liable for any damages, direct or indirect, of whatsoever nature cased, suffered by Exhibitor and furthermore, the organiser shall not be responsible for any damage of whatsoever nature caused to the stand or other property brought into the exhibition by the Exhibition or its servants, or for any injury to the person of the Exhibitor or any of its servants, howsoever such damage or injury may have been caused.
4. Site Value and Date Changes
The organiser reserves the right to alter the position of the site and to change the venue and the dates of the exhibition.
5. Construction of site
The exhibitor acknowledges that in respect of any construction to be performed or to be performed on the site (in addition to that hia babie
performed or to be performed by the organizer of the exhibition) whether by the exhibitor itself or through its employees or whether to be performed by contractor engaged for such purpose by the exhibitor, the exhibitor acknowledges that it and its contractor at all times subject to duties as prescribed by any laws and statutes relating to Occupational Health and Safety and agrees to ensure that all work will be performed and all machinery and parts will be utilised in accordance with the said legal provisions. The exhibitor furthermore agrees to comply with the requirements of Group Africa Publishing as notified to it from time to time in writing and to liase with Group Africa Publishing or its representatives should the exhibitor, for whatever reason, be unable to perform in terms of its condition.
If the precise area of location of the stand is not agreed upon between the parties, the same shall be in the organiser's reasonable discretion, and if agreed the Exhibitor acknowledges that the stand is subject to a variation in size of no more than 15%, subject to the appropriate adjustment of the contract price, and furthermore, that the organiser shall have the right to relocate the stand in its discretion.
All fixtures and fittings other than the shell scheme (the installation) shall be prepared and installed entirely at the Exhibitor's cost, but subject to the Organiser being entitled to issue written directives with regard to materials, layout and design thereof. The Exhibitor shall not remove or dismantle any portion of the installation before termination of the exhibition.
The exhibitor shall dismantle and remove the installation and return the stand to the condition in which it was when access thereto for the purpose of preparing the stand was given to the Exhibitor, fair wear and tear only accepted, by not later than noon on the day following the last day of the exhibition.
Ownership in and to the shell scheme shall remain with the Organiser, and it shall be the Exhibitor's obligation to maintain the shell scheme during the course of the exhibition, and to return the shell scheme to the Organiser on completion of the exhibition in good order and condition, fair wear and tear only accepted. No exhibitor will be permitted onto the exhibition grounds with any vehicle during the course of the exhibition.
6. Cession and Delegation
This contract is personal to the exhibitor which may not cede its rights or delegate its obligations thereunder to any person without prior written consent of the organiser.
This shall not prohibit an exhibitor displaying the products of a principal for which it becomes an agent, distributor or licensee after entering into this contract, with out the prior written permission of the organiser. The organiser shall be entitled to cede all or any of its rights and/or delegate all or any of its obligations under the contract to any of its rights and/or to delegate all or any of its obligations under the contract to any person/persons without consent of the exhibitor.
7. Condition of sale
Following the close of the exhibition the exhibitor shall at its own expense, restore the site and all its fittings thereon to the same good order and condition as existed at the date it took occupation.
All aspects of the promotion and marketing of the exhibition shall be in the sole and absolute discretion of the Organiser, although the organiser makes no warranties or representations regarding the success of the exhibition, nor the number of persons expected to attend the exhibition.
8. Entire Contract
This document together with the rules and regulations of the exhibition constitutes the entire contract between the parties, and no amendment, alteration, variation or waiver of the terms and conditions thereof shall be of any force and effect unless reduced to writing and signed by or on behalf of the Exhibitor and the organizer. In the event of conflict, this contract shall prevail over the rules & regulations.
The Exhibitor hereby consents to the jurisdiction of the Magistrate's Court having territorial jurisdiction, notwithstanding that the amount in dispute exceeds the jurisdiction of such court.The Exhibitor waives and abandons any rights that it may have under the Magistrate's Court, which provision it undertakes not to invoke.
