Terms and Conditions (press Ctrl+P to print)
"The Charges" all charges shown in the Contract as the total costs payable by the Exhibitor which shall include for the avoidance of doubt the rental charges for the Shell Scheme Stand or Free Design Site;
"Contract" the contract for space at the Exhibition entered into between the Organiser and the Exhibitor which incorporates these Terms and Conditions;
"Exhibition" the exhibition known as "News World 2002" to be held at the Burlington Hotel, Dublin from 19th to 21st November 2002;
"Exhibitor" shall mean any company, partnership, other entity or individual to whom space at the Exhibition has been allocated, and each and every director, officer, employee, servant, or agent or other contractor of any such company, partnership, or other such entity or individual;
"Exhibitors Group" any subsidiary or holding company of the Exhibitor and any subsidiary of any such holding company;
"Free Design Site" any space at the Exhibition (on which no stand has been erected by the Organiser including any room or suite of rooms at the Hotel) which is made available for the Exhibitor;
"The Hotel" the Burlington Hotel Dublin;
"Organiser" News World International Ltd of 39 St James's Street, London, SW1A 1JD including its directors, employees, servants and agents;
"Shell Scheme Stand" shall mean any space at the Exhibition which is made available to the Exhibitor, on which the Organiser has erected a basic stand for the use of the Exhibitor;
"Space" includes any Free Design Site, Shell Scheme Stand, room, suite of rooms or any other space occupied by an Exhibitor;
"Terms and Conditions" the terms and conditions hereinafter contained.
1.2 The 24-hour clock is used throughout these Terms and Conditions.
1.3 Clause headings in these Terms and Conditions are for ease of reference only and shall not be taken into account in construing this agreement.
2. Stand Design and Construction
2.1.1 The minimum size for a Free Design Site is six square metres. Two copies of the working drawings for any stand which an Exhibitor proposes to erect on a Free Design Site are to be lodged with the Organiser for approval not later than 21st September 2002. Any stands, which are proposed to be erected on Free Design Sites, must comply with the following criteria:
(a) The stands may not overhang any other Free Design Sites or Shell Scheme Stands, nor obstruct gangways, fire points, fire extinguishers, fire or emergency exits; and
(c) Island sites must not have more than two solid walls no higher than 1.2 metres in height, in order to avoid obstructing the visibility of neighbouring stands.
2.1.2 The Organiser may specify any other requirements for the design of stands to be erected on Free Design Sites as it thinks are necessary to ensure the safe conduct of the Exhibition and to allow free access to all the stands for Exhibitors and visitors to the Exhibition.
2.2 Shell Scheme Stands
2.3 Inspection of stands
3. Build-up schedule
3.1 Access to the Hotel will be given and work may commence and deliveries be made by or on behalf of the Exhibitor commencing 0600 hours on 17th November 2002. Because of the large number of Exhibitors anticipated, the Organiser will compile a schedule for deliveries with which the Exhibitor will be required to comply.
3.2 All Exhibitors must have their stands ready, and all exhibits (other than those that are small or have special value) installed and arranged thereon by 1700 hours on 18th November 2002.
3.3 The Organiser may, at its discretion, vary any of the times and dates set out in this Clause 3 and Clause 4 below.
3.4 In no circumstances will the Organiser accept, sign for or otherwise assume responsibility for any goods or other materials on behalf of an Exhibitor or for any removal of any goods or materials.
4. Exhibit Removal
4.1 Exhibits may not be removed from their positions on an exhibitor's stand before 1800 hours on 21st November 2002.
4.2 Removal of equipment and stands (with the exception of Shell Scheme) should be completed by 1800 hours on 22nd November 2002.
4.3 Should an Exhibitor fail to vacate its stand, space or premises by the times specified by the Organiser, the Organiser shall be entitled to remove and dispatch to the address of the Exhibitor, such exhibits and property at the risk of such Exhibitor and such Exhibitor shall be liable for any charges or costs incurred by the Organiser as a result thereof.
5. Fire Hazards and Equipment
5.1 All materials used by an Exhibitor in the construction of stands, displays and exhibits are to be fully fire-proofed and comply with all applicable local regulations in force at the time of the Exhibition.
6. Stand Alteration
6.1 The Organiser reserves the right to make such alterations to the layout of the Exhibition including the stand sites and gangways as may in their opinion be necessary in the best interests of the Exhibition as a whole and to alter the shape, size or position of the space allotted to the Exhibitor. If, as a result, the space allotted to the Exhibitor shall be reduced, a proportionate allowance shall be made to the Exhibitor by way of adjustment of rental. No alteration to the space allotted will be made so as to impose on the Exhibitor any greater liability for rental than that undertaken in the Contract.
6.2 The Exhibitor shall not be permitted to alter the size or position of a Free Design Site (after approval of the working drawings by the Exhibitor) or a Shell Scheme Stand without the prior written consent of the Organiser and no alteration to the fascia structure or format of a Shell Scheme Stand is permitted and any attempt to do this may involve the reinstatement of the original structure at the expense of the Exhibitor or his agent. Conversion of an allocated Shell Scheme Stand to a Free Design Site is not permitted.
6.3 The Organiser reserves the right to require Exhibitors to make such alterations to their stands, or to the siting of exhibits, as they consider necessary to maintain an acceptable standard of presentation and to avoid interference with the displays of other Exhibitors.
7.1 The Charges shall be paid to the Organiser as follows:
(a) 20% of the Charges shall be paid on application for space at the Exhibition;
(b) The balance of the rent cost shall be paid fully, on acceptance by the Organisers of exhibition space application by 14th September 2002.
(c) Irish VAT is payable at local rates (21% at time of print)
7.2 The Organiser reserves the right to cancel any reservation of space in the event that an Exhibitor has not paid the Charges due by 14th September 2002.
7.3 Irish VAT, where applicable, shall be paid on the Charges by all applicants irrespective of their country of origin at the rate in force at the time of payment.
7.4 Should the Organiser be required to meet any unforeseen increases in costs for services which are included in the rental charges for a Shell Scheme Stand and/or a Free Design Site, the Organiser reserves the right to defray any such cost increases against Exhibitors. The Organiser shall give the Exhibitor reasonable notice of any increases in such charges.
8. Reduction or Cancellation of Space
8.1 On acceptance of the space allocation the Exhibitor becomes liable to pay to the Organiser the balance of the Charges as set out in Clause 7.1(a) and (b) above.
8.2 A request for cancellations of allocations or reductions in allocated space must be made to the Organiser in writing. A reduction in space shall be treated as a pro rata cancellation.
8.3 The following cancellation charges will apply:
(i) if notice of cancellation is received by the Organiser more than 90 days prior to the first day of the Exhibition the cancellation charge shall be 25% of the Charges (and applicable taxes)
(iii) if notice of cancellation is received by the Organiser 60 days or less prior to the first day of the Exhibition the cancellation charge shall be 100% of the Charges (and applicable taxes).
The Organiser may, at its discretion, waive part of the total sum due in respect of cancellation charges.
9. Unoccupied Space
Every Exhibitor shall occupy the full space booked by him. Should an Exhibitor fail to take up the space allocated to him the Organiser reserves the right to deal with the space so unoccupied as it thinks fit.
10. Prohibition on Transfer
The Exhibitor may not assign sub-let or grant licences in respect of the whole or any part of his space. No cards, advertisements or printed matter of persons or firms who are not bona fide Exhibitors may be exhibited or distributed from any stand except that an Exhibitor may exhibit products, distribute cards, advertisements or printed matter relating to services and products offered by members of the Exhibitor's Group or in respect of which the Exhibitor or a member of the Exhibitor's Group is an authorised representative.
11. Product Demonstration and Presentation
11.1 It is appreciated that staged equipment demonstrations and presentations are an integral part of News World 2002, However, the Organiser expects Exhibitors to exercise discretion and show courtesy to fellow Exhibitors. Accordingly no equipment may be operated which emits excessive noise or causes electrical interference or other annoyance. In this matter the decision of the Organiser shall be final.
All advertising and promotional materials of the Exhibitor in relation to the Exhibition shall only describe the Exhibition by its official title, "News World 2002". Exhibitors may, with permission, incorporate the News World logo in their advertising by applying directly to the Organiser for guidelines.
13. Conduct of Exhibitors
13.1 Every Exhibitor and all persons for whom the Exhibitor may be considered responsible in any way whatsoever, must conduct himself in such a manner as shall not be objectionable to any other Exhibitor, visitor or the Organiser or the Hotel, and shall not create any disturbance, loud noise or obstruction.
13.2 No Exhibitor shall be admitted to the Exhibition without producing the Exhibitor's pass issued to him by the Organiser, who reserves the right, at its absolute discretion, to withdraw any pass so issued if complaints have been received in relation to the Exhibitor's behaviour.
13.3 Exhibitors may not solicit visitors by the indiscriminate issue of leaflets or other advertising materials off or away from their space.
14. Approval of Exhibits
14.1 The Exhibitor must satisfy itself that its exhibits and/or products comply in all respects with these Terms and Conditions and all applicable requirements of all relevant authorities.
14.2 The Organiser reserves the right to refuse admission and/or require the removal of any exhibit which, in the opinion of the Organiser, the Hotel, or any relevant authority is unsuitable or unsafe for inclusion in the Exhibition or for the space allocated to the Exhibitor.
The prior written consent of the Organiser must be obtained for any competition, raffle, prize draw, lottery or similar activity which involves the compilation of mailing lists or similar. The Exhibitor will be required to satisfy the Organiser that local laws and regulations in relation to such activity will be fully complied with.
16. Admission to the Exhibition
16.1 The Organiser reserves the right to refuse to admit or to expel from the Hotel, any person at any time notwithstanding that person's possession of an official pass or ticket.
16.2 The Organiser will issue official passes or tickets of admission and no other form of admission pass or ticket will be valid.
17. Official Catalogue
An official Exhibition Guide and Industry Directory will be issued. The Exhibitor consents to its particulars being included in the Guide but agrees that the Organiser will not be liable for any omissions, mistakes or other errors in the Guide.
20. Local Regulations
The Exhibitor undertakes to comply with all regulations issued by the Hotel and by all local and other public authorities relating to the use of the Hotel, the Exhibition and any other matter in force at the time of the Exhibition. A copy of such regulations can be obtained from the Hotel.
21. Rights in the Exhibition
22. Liability of Exhibitors
22.1 Each Exhibitor exhibits entirely at his own risk. The Exhibitor shall be responsible for all claims and liabilities, whether arising from death, personal injury or damage to property or otherwise (including to the structure and the property of the Hotel), arising in connection with the erection and dismantling of the Exhibitor's stand and anything permitted, omitted or done thereon and therefrom during the period of the Exhibition and/or the construction and dismantling periods caused directly or indirectly by the Exhibitor or any invitee of the Exhibitor or the act, omission or neglect of any such person or by any exhibit, machinery or other article or object or other property of the Exhibitor or in the possession of or used by the Exhibitor. The Exhibitor hereby agrees to indemnify and keep indemnified the Organiser in respect of each and every such claim, and all actions, proceedings, costs, claims, and demands in respect thereof. The Exhibitor undertakes to take out adequate insurance in respect of all such claims or liabilities and to provide evidence of such insurance on request to the Organiser.
22.2 To the extent permitted by law, the Organiser hereby excludes all liability for any claim for death or personal injury howsoever caused, to the Exhibitor or his invitees, and for any claim for loss or damage howsoever caused, of or to any exhibit or other property of the Exhibitor or his invitees. The Exhibitor undertakes to take out adequate insurance in respect of all such claims and to provide evidence of such insurance on request to the Organiser.
22.3 The Exhibitor hereby agrees and acknowledges that it shall have no claim, right or entitlement against the Organiser in respect of any loss (including for repayment of the Charges and any consequential loss) or damage arising directly or indirectly from the cancellation, abandonment or suspension of the whole or any part of the Exhibition or from any other matter through any act of God, war, strike, lockout, trade dispute, terrorist activity, fire, flood, drought or from riots or similar event, or any other causes beyond the Organiser's control or owing to the inability of the Organiser to obtain materials or services to be provided at or in connection with the Exhibition, except at increased prices due to any of the foregoing causes. Exhibitors are advised to insure against any such costs and losses which they may incur in the event of the Exhibition being abandoned, cancelled or suspended as a result of any event listed in this Clause 22.3.
22.4 The Organiser shall not be liable for any claims arising out of bodily injury and/or property damage caused by the display and/or demonstration of the Exhibitor's products in whatever form or for whatever reason and the Exhibitor hereby agrees to indemnify and agrees to keep the Organiser indemnified from and against all such claims. The Exhibitor undertakes to obtain adequate insurance in respect of such claims and to provide evidence of such insurance on request to the Organiser.
22.5 The Exhibitor undertakes to do nothing to jeopardise the current insurance policies of the Hotel or the agreement between the Organiser and the Hotel regarding the use of the Hotel for the Exhibition.
23. Failure of Services
The Organiser will use its reasonable endeavours to ensure the supply of the services to be provided by the Hotel. However, the supply of such services is not within the full control of the Organiser and the Organiser shall not incur any liability to any Exhibitor for any loss, costs or damage, if any such service shall wholly or partially fail or cease to be available, nor shall the Exhibitor be entitled to any rebate or allowance in respect of the Charges due or paid under the Contract.
24. Bankruptcy or Liquidation
Should an Exhibitor being:
(i) An individual or partnership become bankrupt, have a receiving order made against it, or make any arrangement with its creditors; or;
(ii) a limited company, go into liquidation (other than a voluntary liquidation for the purposes of amalgamation or reconstruction) or have a receiver appointed;
the Contract with such an Exhibitor shall terminate forthwith save that all Charges paid shall be forfeited and the balance of the Charges payable under the Contract at such date shall become due and payable forthwith and such termination shall be without prejudice to any claim of the Organiser against the Exhibitor in respect of any antecedent breach of the Contract.
25. Copyright and Patents
The Organiser shall not be liable for any damages the Exhibitor may sustain in respect of the infringement of any copyright, trade mark, service mark, patent, trade name, registered design or other form of intellectual or industrial property or any know-how, invention, formulae, confidential process or information, or computer programme and software and any other protected rights, assets or interest arising out of his participation in the Exhibition. The Exhibitor is strongly advised to consider making an application for the grant of a patent or the registration of a trade mark, service mark or design as the case may be, prior to the commencement of the Exhibition.
26. Rights of the Organiser and Hotel
The Organiser and the Hotel and those authorised by them respectively have the right to enter the Exhibition premises at any time to execute the work, repairs and alterations reasonably necessary in connection with the Exhibition or for any other purpose. No compensation will be payable to an Exhibitor for damage, loss or inconvenience so caused.
27.1 The Contract constitutes a licence to exhibit at the Exhibition and not a tenancy.
27.2 All exhibits are subject to a general lien and power of sale in favour of the Organiser for all Charges and other sums due from an Exhibitor to the Organiser.
28. Amendments and Interpretation of Terms and Conditions
28.1 The Organiser reserves the right to add to, alter or delete any of these Terms and Conditions at any time by notice in writing to the Exhibitor.
28.2 No oral agreement concerning any aspect of the Contract (including these Terms and Conditions) or the Exhibition will be valid unless confirmed in writing by the Organiser.
28.3 Each Exhibitor must bring to the attention of all its employees, agents and contractors employed or used by him in connection with the Exhibition, the provisions of these Terms and Conditions, and any claim arising from or affected by the failure of the Exhibitor to give such notice shall be the sole responsibility of the Exhibitor concerned and the Exhibitor shall indemnify the Organiser in respect of any such claim that may be made against the Organiser.
28.4 Questions that may arise between the Organiser and Exhibitors in regard to the true interpretation or meaning of these Terms and Conditions or the implementation thereof and all questions and disputes not provided for by these Terms and Conditions shall be settled or determined by the Organiser whose decision in relation thereto shall be final and binding on the Exhibitor.
29. Governing Law
The Contract (including these Terms and Conditions) shall be governed by and construed in all respects in accordance with English Law.