Quadex Exhibitions Ltd 1E, The Courtyard, Market Square, Westerham, Kent TN16 1AZ
T: 01959 569 867 www.olympiabeauty.co.uk
Registered in England No: 05129181
EXHIBITION TERMS & CONDITIONS
These Exhibition Terms and Conditions and any special conditions or additional conditions agreed by the Organisers (as defined in paragraph 1 below) constitute the entire agreement between the Organiser’s and the Exhibitor (as defined in paragraph 1 below) to the exclusion of all other terms, conditions and warranties whatsoever and represent the only terms on which the Organisers trade notwithstanding any terms and conditions that may be contained in any order or other form of the Exhibitor. This agreement shall not be varied save by written agreement between the Organiser’s and the Exhibitor signed by a duly authorised officer of each of the respective parties.
In these Terms & Conditions the following expressions have the following meanings: –
(i) “Exhibitor” means any person firm or company who has made application for and who has been granted space in the exhibition.
(ii) “Exhibition” means the event detailed on the Stand Space Contract
(iii) “Organisers” means Quadex Exhibitions Ltd or its lawful assigns.
(iv) “Organisers Exhibition Information Pack” means the exhibitor manual for the Exhibition and related information documents issued to the Exhibitor.
(v) the “Relevant Legislation and Regulations” mean (i) all relevant law and regulations for securing the health, safety and welfare of those attending the Exhibition, including without limitation to the foregoing any relevant Act of Parliament, including the Offices, Shops & Railway Premises Act 1963, The Fire Precautions Act 1971, The Health and Safety at Work etc. Act 1974, any orders, bye-laws, regulations or rules there under now existing or hereafter passed concerning the use and occupation of the exhibition venue as detailed on Stand Space Contract.
(vi) “Stand Space Contract” means these Terms and Conditions read in conjunction with the application for stand space at the Exhibition overleaf.
(vii) Words importing the singular include the plural and vice versa, words importing a gender include every gender and references to persons include bodies corporate or unincorporated.
(viii) The headings to the paragraphs are for convenience only and have no legal effect.
(ix) The expression “group of companies” means in relation to any company that company and any holding company or subsidiary for the time being of such company and any other subsidiary of any such holding company.
(x) The expressions “holding company” and “subsidiary” shall have the meanings ascribed thereto by Sections 736 and 736A of the Companies Act 1985.
2. THESE TERMS AND CONDITIONS shall be governed by and construed in accordance with English law and shall be deemed to include all other terms and conditions or rules and regulations issued from time to time by the Organisers in relation to the Exhibition whether contained in the Organisers Exhibition Information Pack, sales literature or otherwise.
3. DURATION OF EXHIBITION.
Details of Exhibition hours are given in the Organisers Exhibition Information Pack. During these times stands must be manned by Exhibitor’s staff.
4. TIME OF CONTRACT.
Subject to paragraph 16 below and to the following provisions of this paragraph 4, application for space must be made on the Organisers official Stand Space Contract and must contain information on exhibits to be displayed. The contract for space shall be deemed to be made when the Stand Space Contract has been received by the Organisers duly completed and signed by the Exhibitor and has thereafter been accepted by the Organisers. The Organisers may at their sole discretion accepts applications by purchase order, in writing, or facsimile or electronically or accept a deposit payment in lieu of written application and on the understanding that these Terms & Conditions shall apply.
The person or persons signing the Stand Space Contract on behalf of the Exhibitor shall be deemed to have full authority to do so on behalf of the Exhibitor and the Exhibitor shall have no right to claim as against the Organisers that such person or persons did not have such authority.
Subject to paragraph 8 of these Terms and Conditions or unless otherwise agreed with the Organisers the Exhibitor shall be entitled to display only those exhibits specified on the Stand Space Contract.
7. REMOVAL OF EXHIBITS.
(i) The Organisers reserve the right to require the Exhibitor to remove any exhibit being exhibited at the Exhibition if the Organisers in their absolute discretion consider that the same is libellous or of an obscene nature or may infringe the rights of any third party or which the Organisers consider in their absolute discretion to be undesirable or detrimental to the Exhibition, to other exhibitors of or the general commercial interests of the Organisers or any other company from time to time forming part of the same group of companies of which the Organisers form part.
(ii) By entering into an agreement to attend the Exhibition the Exhibitor warrants to the Organisers that all deigns and artwork on or relating to the Exhibitor’s stand and any items displayed on the Exhibitor’s stand shall not infringe any trademarks or copyright or patents or other intellectual property rights of any third party in any way.
(iii) In the event that the Organisers are under legal obligation (whether by virtue of a court injunction or order or judgement or a recommendation or decision of a Trading Standards Officer or otherwise) to have removed either any item or items displayed on the Exhibitor’s stand or any design or artwork on or relating to the Exhibitor’s stand then (without prejudice to any other rights which the Organisers may have) the Organisers reserve the right to have that item or items removed from the Exhibitor’s stand or to close the Exhibitor’s stand at the Exhibition. No compensation or damages will be payable as a result of such removal or closure by the Organisers.
8. CANCELLATION OF THE STAND SPACE CONTRACT.
(i) In the event that an Exhibitor either wishes to cancel the Stand Space Contract or fails to meet any of the payment obligations (whether as to the amounts or dates of payment) detailed on the Stand Space Contract then the Organisers reserve the right (but without being obliged to do so and without prejudice to any other right or remedy available to the Organisers) to apply the following cancellation charges and to reallocate such space:
Cancellation Occurring Cancellation Charge
More than 9 months prior to Exhibition 50% of total contract price (plus VAT)
More than 6 months & less than 9 months prior to Exhibition 75% of total contract price plus VAT
Within 6 months of Exhibition 100% of total contract price (plus VAT)
(ii) If the Exhibitor wishes to cancel then written notice of such wish must be forwarded to the Organisers by Recorded Delivery Post and any such notice shall be deemed duly served on the day (not being Saturday or Sunday or Public holiday) two days following the date of posting.
(iii) Notwithstanding that the Organisers may re-sell or re-allocate the cancelled stand space (or the space by which it is reduced pursuant to paragraph 9) after payment of the cancellation charges the Organisers shall be under no obligation to reimburse all or any part of such cancellation charges.
9. REDUCTION OF SPACE.
Where after the contract for space has been made and Exhibitor wishes to reduce the size of his space booking then written notice of such wish must be forwarded to and received by the Organisers by Recorded Delivery Post. The Organisers reserve the right to apply the scale of cancellation charges set in paragraph 7 (i) above to the total contract price according to the amount by which the original stand area is reduced. The Organisers may re-sell or re-allocate the space in question. There shall be no obligation on the Organisers to accept notification of reduction.
For the avoidance of doubt any contract between the Organisers and the Exhibitor for exhibition stand space is only for an amount of such space and allocation of the Exhibitor’s name to any particular part of any Exhibition floor plan or stand number will constitute any agreement warranty or representation by the Organisers that the Exhibitor is entitled to exhibit at the Exhibition in such particular location and the Organisers reserve the right without being required to give notice to the Exhibitor to alter the layout of the Exhibition floor plan or position of any stand at any time.
11. OTHER EXHIBITORS.
Whilst the Organisers shall act in good faith the name of any Exhibitor may appear on any floor plan or stand number or any statement made by or on behalf of the Organisers that any exhibitor is booked to attend the Exhibition provisionally or otherwise shall not constitute any warranty representation or undertaking by the Organisers that any such exhibitor shall attend the Exhibition or attend at any particular location.
12. SPACE NOT OCCUPIED.
The Exhibitor must occupy the space allotted to him by opening time on the first day of the Exhibition. Any Exhibitor failing to do so will be deemed to have cancelled their space booking. In this event the Terms and Conditions relating to Cancellation of Space set out in paragraph 8 above will apply and the Organisers may re-sell or re-allocate such space.
The Exhibitor acknowledges that the Organisers shall not be held responsible for the failure of all or any other contracted exhibitors to attend the Exhibition or the failure of any number of attendees to attend the Exhibition for any reason beyond the reasonable control of the Organisers
The Exhibitor shall fully and effectually indemnify the Organisers and keep the Organisers indemnified against all cost Claims, demands, actions, proceedings and losses whatsoever made against or incurred by the Organisers as a result of the Exhibitor exhibiting or advertising any goods or services at the Exhibition.
In the event of the Exhibitor becoming bankrupt or insolvent or committing any act of bankruptcy or insolvency or going into liquidation or in the event that a Receiver or Administrator or administrative receiver is appointed in respect of any of its assets then the Organisers reserve the right to terminate the contract with the Exhibitor and the Terms and Conditions relating to Cancellation of Space set out in paragraph 8 above shall apply.
The contract for space is personal to the Exhibitor and the Exhibitor shall not be entitled to assign, sublet or grant licences in respect of the whole or any part of the space allocated to him, or assign or otherwise deal with the rights and obligations hereunder nor may any cards advertisements or printed matter of persons who are not bona fide Exhibitors be exhibited or distributed on any stand. The Organisers shall be entitled to assign the benefit (subject to the burden) of the contract for space without notices to or consent from the Exhibitor.
17. LICENSOR AND LICENSEE.
Upon the acceptance of the Stand Space Contract by the Organisers there shall be a contract between the Organisers and the Exhibitor subject to these Terms and Conditions. The Organisers in their discretion may accept the Exhibitor’s application for space orally (including by telephone), facsimile or electronically or by forwarding to the Exhibitor written acceptance (which shall a copy of the Stand Space Contract signed by or on behalf of the Organisers). As regards any space allotted the relationship of licensor and licensee shall exist between the Organisers and the Exhibitor. In case of any non-payment of any sum due from the Exhibitor (whether formally demand or not) or of any other breach or non-observance by the Exhibitor of any of these Terms and Conditions, the Organisers shall have right to revoke the Exhibitor’s licence and re-enter upon the allotted space to remove and exclude the Exhibitor and all persons there from without prejudice to the right to recover all sums payable by the Exhibitor hereunder and without prejudice to any other right or remedy available to the Organisers.
18. PROMOTION AND REPRESENTATIONS.
(i) Whilst the Organisers shall use their reasonable endeavours to organise and promote the Exhibition in such manner as they consider appropriate, the Organisers reserve the right to amend or vary the manner or methods of such organisation and promotion and therefore any statements made by or on behalf of the Organisers as to audience projections or methods or timing of promotion shall constitute only general indications of the Organisers promotion and organising strategy and shall not amount to any representation or warranty. (ii) Any contract for space shall not be conditional on the presence or location of any other exhibitor at the same or any other Exhibition and any reference to such conditionality shall not apply to any contract between the Organisers and the Exhibitor for exhibition stand space.
19. POSTPONEMENT OR ABANDONMENT.
The Exhibitor shall not have any claim against the Organisers in respect of any loss or damage whatsoever consequent upon the Exhibition failing (for whatsoever reason) to be held or the Exhibition venue being or becoming wholly or partially unavailable for the holding of the Exhibition for whatsoever reason. If by re-arrangement or postponement of the period of the Exhibition or by substitution of an alternative venue for the Exhibition or by means of any other reasonable matter or thing the Exhibition can be held the contracts for space shall be binding upon all parties save that the same shall be deemed to be varied so as to allow for any necessary change in venue, dates or period of the Exhibition, stand size, location or otherwise.
20. INSURANCE AND EXCLUSIONS.
Each Exhibitor exhibits entirely at its own risk and responsibility and should be fully insured to cover theft.
Exhibitors must hold the following insurance policies:
(a) Product Liability insurance of at least £1,000,000. Or, in each case, such other amount as the Organiser may require;
(b) Public Liability to cover legal liability for negligence providing cover of at least £2,000,000 in respect of any injury and damage. It is important to note that not all business policies offer cover for organised events taking place outside your business premises. If in doubt you should consult your insurance provider.
(c) Employers liability of at least £5,000,000 which is a mandatory requirement within the UK.
All such policies of insurance shall be produced to the Organiser no later than 24 hours prior to trading.
The Exhibitor shall on request at any time supply to the Organisers copies of all such insurance policies and evidence that the relevant premiums have been paid. If the Exhibitor for any reason fails to supply to the Organisers on request any copies of such valid insurance policies, or if the Organisers deem that, in their reasonable discretion, the cover that the Exhibitor has in place is inadequate or unsuitable for any reason then the Organisers reserve the right to arrange for an appropriate policy of insurance cover to be secured on the Exhibitor’s behalf (which will satisfy the Exhibitor’s obligations under sub-paragraph 20(i) above) and the Exhibitor accepts and agrees that in such circumstances:
(i)The Organisers may require the Exhibitor to make a reasonable one-off payment in respect of securing such insurance cover on its behalf;
(ii) If such payment is required, the Exhibitor shall pay the same to the Organisers immediately upon receipt of an invoice for the same;
(iii) The Exhibitor shall ensure that all its insurance policies relevant to the obligation under subparagraph 20(i) above are taken out with reputable insurers;
(iv) Any liability of the Organisers to the Exhibitor in any way arising out of this contract: – (a) shall be limited to direct losses or damage only and shall not extend to loss of profit or any indirect or consequential loss or damage howsoever arising; and (b) shall not exceed an amount equal to the total contract price.
If you decide to ‘opt out’ of our insurance, please bring your Insurance Validation Certificate together with a copy of renewal confirmation if your insurance has renewed in the intervening period. You may be required to prove this to the Venue Operator (or one of our representatives) and failure to produce the documentation at the time may result in access to the venue being refused.
The Exhibitor shall do nothing to jeopardise the current insurance policies of the Exhibition Hall or the agreement between the Exhibitor and the Owner regarding the use of the Exhibition Hall. The Exhibitor shall in all cases comply with any requirements of the Fire Officer or other Authorities concerned.
21. HEALTH AND SAFETY AND ALL LEGISLATION AND REGULATIONS RELEVANT TO THE EXHIBITION.
The Health and Safety at Work, etc Act 1974 and all other Relevant Legislation and Regulations (as defined in paragraph 1 above) apply to the Exhibition and the Exhibitor must fulfil its obligations in respect of all such Relevant Legislation and Regulations and ensure that all parties employed or engaged by the Exhibitor also operate within the laid down procedures.
22. ERECTION OF STANDS.
Exhibitor is responsible for and shall indemnify the Organiser in respect of all claims (whether arising from personal injury or damage to property or otherwise), arising in connection with the erection and dismantling of the Exhibitor’s Stand and anything permitted, omitted or done thereon or therefrom during the period of the Exhibition or during the construction and dismantling periods arising directly or indirectly by the act, omission or neglect of the Exhibitor or from any exhibit, article or thing in the possession or use of or under the control of the Exhibitor. The Organiser will take such precautions as it may consider appropriate for the proper running of the Exhibition, but will not at any time be responsible for the loss of, or damage to, or safety of any Stand, Exhibit, materials or other property of any Exhibitor or any other person under any circumstances.
All stand erection must comply with all Relevant Legislation and Regulations as defined in paragraph 1 above and by entering into an agreement to attend the Exhibition the Exhibitor warrants to the Organisers that the Exhibitor will ensure that the Exhibitor’s stand at all times comply with the Relevant Legislation and Regulations.
23. EXCLUSION OF PERSONNEL.
The Organisers reserve the right in their absolute discretion to exclude or remove from the Exhibition any person whose presence (in the opinion of the Organisers) is or is likely to be undesirable and the Organisers may exercise such rights notwithstanding that any person is the employee or agent of the Exhibitor or is otherwise in any way connected or associated with the Exhibitor.