TERMS & CONDITIONS
TERMS AND CONDITIONS FOR PARTICIPATION IN EXHIBITION
1. In these Term and Conditions and the Exhibitor Sales Contract, the following words and phrases shall have the following meanings:
‘Agreement’ means collectively the Exhibitor Sales Contract and these Terms and Condition between the Exhibitor and the Organiser.
‘Exhibitor Sales Contract’ means the form referring to these Terms and Conditions headed Exhibitor Sales Contract signed by the Exhibitor setting out the Exhibitors application to participate in the 2019 Property Buyer Expo& Investor event with the Organiser.
‘Exhibition’ means the 2019 Property Buyer & Investor Expo event named The Property Buyer & Investor Expo;
‘Exhibitor’ means the company, organisation or person named as the Exhibitor in the Exhibitor Sales Contract;
‘Move In’ means the process and activity of the Exhibitor attending on or after the Move In Date at the Exhibition venue to set up the Exhibitor’s stand, space or equipment for the Exhibition prior to the exhibition admitting members of the public who or are not Exhibitors or associated with the Exhibitors for the purposes of setting up the Exhibitor’s stand, space or equipment.
‘Move In Date’ means the date advised by the Organiser as the date when the Exhibitor can attend at the Exhibition venue to set up the Exhibitor’s stand, space or equipment for the Exhibition.
‘Organiser’ means Property Buyer Expo Pty Ltd [ABN 633 768 331]
‘Removal Authority’ means the written authority headed Removal Authority as signed or otherwise approved by the Organiser that authorises the Exhibitor to remove the Exhibitor’s stand, items and/or equipment from the Exhibitor’s floor space during the Exhibition.
(a) hiring the venue
(b) designing and developing the floor plan;
(c) drawing and providing all relevant contractual documentation;
(d) promoting and marketing the event to potential exhibitors and visitors;
(e) updating the Exhibitor and visitor databases;
(f) producing printed material for advertising in industry publications;
(g) producing, publishing and mailing industry specific visitor invitations;
(h) contracting various service providers including electricians, stand builders, signage contractors, loading dock managers and travel consultants;
(i) contracting public relations, advertising/marketing company;
(j) general administration specific to the organisation of Exhibition; and
(k) provision of a licence to occupy the stand number specified in the stand agreement.
2. In these Terms and Conditions and the Exhibitor Sales Contract:-
(a) Headings, underlining and other forms of emphasis are for convenience
only and do not affect interpretation;
(b) Words denoting the singular number include the plural and vice versa;
(c) Words denoting a given gender include all genders;
(d) The expression “person” includes an individual, body corporate, an unincorporated person or other form of legal entity;
3. If full payment for the Services has not been made by the Exhibitor by the 31st August 2019 and in accordance with the Payment Terms, the Organiser shall not be obliged to grant the Exhibitor a licence to occupy the Exhibitor’s stand or otherwise participate in the Exhibition.
The Exhibitor acknowledges that it must make full payment of all Instalments to the Organiser and that failure to make full payment to the Organiser shall result in the Exhibitor not being able to participate in the Exhibition and the Organiser shall be able to licence the Exhibitor’s floor space to another person.
4. The Organiser agrees, subject to clause 3, 24, 25, 26 and 36 hereof, not to licence the floor space allocated under this Agreement to any other Exhibitors. Floor space shall not be allocated or sub-let by the Exhibitor to other companies, organisations or persons without the prior written approval of the Organiser.
5. The Exhibitor is not permitted to display on, or promote from the stand the products or services of other companies, organisation or persons that is not the Exhibitor without the prior written approval of the Organiser.
6. Where the floor space is granted to several Exhibitors, each Exhibitor is jointly and severally responsible for any monies payable to the Organiser pursuant to this Agreement and for all covenants and obligation under this Agreement.
7. The Exhibitor and the Organiser agree that the Organiser may in any reasonable circumstance reduce the size and/or re-locate the floor space then allocated to the Exhibitor. In the event of a size reduction of the floor space, the Organiser will allow the Exhibitor a pro rata reduction from the total cost of the floor space as set out in the Exhibitor Sales Contract.
8. The Exhibitor shall be liable for any damage to the walls and floors of the building in which the Exhibition is held. The Trustees/Owners of the building, together with the Organiser shall be the sole judges as to whether damage has been done by the Exhibitor and/or the Exhibitor’s agents, contractors or representatives.
9. The weight of goods exhibited together with the means of transport to the Exhibitor’s allocated floor space must be in accordance with the Trustees/Owners Rules and Regulations in their lease to the Organiser.
10. The Exhibitor shall at all times comply with the regulations now in force and issued by the Fire Brigade, Health Department, Venue Trustees/Owners, persons responsible for Occupational Health and Safety issues and other relevant Department and Authorities.
11. Dividing walls and back walls must be to the exact height of 2.5 metres, unless otherwise advised by the Organiser, and all walls must be lined on both sides unless backed on to another stand or wall.
12. The Exhibitors display must be of a minimum standard set by the Organiser and in keeping with the dignity and atmosphere of the Exhibition. The Organiser reserves the right to reject any display that is not to the standard set by the Organiser. The Exhibitor must follow all reasonable directions of the Organiser in all matters concerning construction of displays.
13. No goods, stands, displays or tools of trade may be removed by an Exhibitor or any agent, contractor or representative of the Exhibitor, during the Exhibition without a Removal Authority issued by the Organiser.
14. Microphones, sound amplification and machine demonstrations will only be permitted where the level of sound causes no annoyance or nuisance, as decided solely by the Organiser, to other Exhibitors, visitors and neighbouring property(s).
THE EXHIBITOR HEREBY AGREES:
15. The Organiser shall not be responsible for any damage claimed by any person or persons who may be injured whilst in the area allotted to the Exhibitor and the Exhibitor agrees to indemnify the Organiser in the event of any claim made by such an injured person against the Organiser.
16. The Exhibitor and the Organiser agree that the Organiser shall not be liable for any loss or damage to the Exhibitor’s property, exhibit and/or equipment due to loss, damage, theft, fire, water, storms, strikes, riots or any other cause whatsoever.
17. The Organiser shall determine when the Exhibition shall be opened to the Exhibitors and the visitors, and its decision as to such hours shall be final and binding.
18. If the holding of the Exhibition or the supply of any Services by the Organiser is prevented, postponed or abandoned for reasons including fire, storm, lightning, national emergency, labour dispute, lockout, civil disturbance, explosion, inevitable accident or any other cause that is not within the direct control of the Organiser, or the Exhibition site(s) or venue(s) become wholly or partially unavailable for the holding of the Exhibition, the Organiser may terminate this Agreement and at its sole discretion return part of the space costs paid by the Exhibitor. In any such case, the Organiser shall not be liable in any way whatsoever for any expenditure or liability or loss including consequential loss and loss of publicity incurred by the Exhibitor.
19. Nothing in this Agreement is to be construed adversely or to the disadvantage of a party to this Agreement simply because that party was responsible for the preparation and/or drafting of this Agreement or any part of this Agreement.
20. Payment for the Services is to be made by the Exhibitor in accordance with the Payment Terms as contained in the Exhibitor Sales Contract.
21. The Organiser may terminate this Agreement and at its sole discretion return part of the space costs paid by the Exhibitor. In any such case, the Organiser shall not be liable in any way whatsoever for any expenditure or liability or loss including consequential loss and loss of publicity incurred by the Exhibitor.
22. The Exhibitor shall only distribute advertising material or promote the Exhibitor’s business, products or services from the confines of the floor space and stand at the Exhibition, subject to the Exhibitor being invited to conduct a presentation. In the event the Exhibitor is invited to conduct a presentation by the Organiser at the Exhibition, the Exhibitor shall be able to promote the Exhibitor’s business, products or services in the immediate area where the presentation is held only for the duration of the Exhibitor’s presentation. The decision of the Organiser shall be determinative of what constitute the immediate area for the purpose of this clause.
23. The Organiser reserves the right at all times to postpone, amend dates or cancel the Exhibition if in the opinion of the Organiser the prevailing conditions under which the Exhibition is to be held are not suitable or financially viable, without any liability being incurred by the Organiser or the sponsors of the Exhibition.
24. If the Exhibitor fails to pay the Deposit as contained in the Exhibitor Sales Contract or any Instalment when it falls due, the Exhibitor will automatically forfeit his or her floor.
25. If the Exhibitor fails to pay any Instalments as contained in the Payment Terms in the Exhibitor Sales Contract when they fall due, the Exhibitor will forfeit the floor space together with any monies already paid.
26. All monies owing to the Organiser after the Exhibitor fails to pay any Instalment are liquidated damages. The Exhibitor and the Organiser agree that the then unpaid Instalment amounts are a reasonable estimate of damage to the Organiser at the time of entering this Agreement.
27. In the event of the Exhibitor failing to pay any Instalment, the Organiser has the right to then re-allocate or re-sell such forfeited floor space that was allocated to the Exhibitor. The Exhibitor shall be liable for any cost, loss and expense suffered or incurred by the Organiser by such re-allocation of the forfeited floor space. The Organiser and the Exhibitor agree that there is no obligation on the Organiser to mitigate any loss or damage the Organiser may sustain from the non-payment of monies or Instalments by the Exhibitor pursuant to this Agreement.
28. If the Exhibitor fails to occupy the floor space allocated to it by the end of the first day of the Move In or as per any Move In schedule that may be issued by the Organiser, the Organiser is authorised to occupy or cause the said space to be occupied in such manner as it may deem best for the interest of the Exhibition without refund to the said Exhibitor and without releasing the Exhibitor from any liability to pay all monies under this Agreement.
29. The Deposit defined in the Exhibitor Sales Contract will be held by the Organiser as security for the performance by the Exhibitor of the Terms and Conditions imposed on the Exhibitor under this Agreement. In the event of any failure by the Exhibitor to comply with any of these Terms and Conditions of the Agreement the Organiser may rescind this Agreement by providing the Exhibitor with 7 days prior written notice of its intention to do so, at the expiry of which any deposit monies paid by the Exhibitor shall be forfeited to the Organiser as its absolute property and it may sue for damages for breach of contract.
30. In addition to any Deposit monies received, the Organiser may retain any part of the price paid to them pending the determination of damages and may apply that money in satisfaction or part satisfaction of those damages.
31. If the Exhibitor forfeits or fails to occupy or withdraws from the floor space allocated to the Exhibitor then the Exhibitor will be liable to the Organiser for the cost of dressing the vacated floor space at an amount not exceeding $400 per 10 square metres of such space (payable on demand by the Organiser).
32. If the Exhibitor fails to pay all monies as and when due to the Organiser (including a dishonoured cheque), the Organiser may take possession of any property of the Exhibitor located at the site and/or venue of the Exhibition, and either retain such property pending full payment or sell such property and apply the net sale proceeds to the debt due. In such cases the Exhibitor shall have no right to stop the exhibitor possessing such assets.
33. The Organiser may, at its sole discretion, charge interest on overdue accounts or the Exhibitor, at the then Reserve Bank of Australia rate plus 5%.
34. The Organiser shall have full power to interpret and to make changes or amend these conditions. We may change these Terms at any time, and all such changes are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on www.propertybuyerexpo.com.au website.
35. In the event of the Exhibitor infringing any of these Terms and Conditions either before or during the Exhibition, the Exhibitor will forfeit the allocated floor space, without releasing the Exhibitor from any liability to pay all other Instalments to the Organiser.
36. The Exhibitor acknowledges that:
(a) As at the date of acceptance by the Organiser, the Exhibitor Sales Contract which incorporates these Terms and Conditions, and these conditions themselves comprise the entire agreement between the Organiser and the Exhibitor as regards the subject matter of this agreement and there are no additional items agreed between them. In particular no oral or verbal agreements, arrangements, promises or the like exist between them (and if there were any additional items previously agreed or any such oral or verbal matters that are now agreed to be cancelled);
(b) If the Exhibitor wishes to vary any of these conditions and the Organiser agrees, such variation will only be effective if in writing and signed by both parties;
(c) All exhibitors are required to hold Public Liability Insurance with a limit of liability of at least $10 million per occurrence for the duration of their participation in the exhibition to cover damage or injury incurred by any person whilst on the exhibitor’s stand. Public Liability insurance must cover the total period of the exhibition from the first day of move in, exhibition open days and the final day of dismantling. A certificate of currency of insurance must be provided to the Organiser by the Exhibitor no later than 14 days before the Exhibition. Failure to comply with this condition will be treated as a fundamental breach of this Agreement.
(d) These are the Terms and Conditions referred to in the accompanying Exhibitor Sales Contract signed by or on behalf of the Exhibitor.
37. (a) The Exhibitor(s) agree to allow the Organiser to photograph products/stands at the show for promotional purposes e.g. sales brochures, visitor invitations, show catalogues/buyers’ guides etc. without the express permission of the Exhibitor/designer. Such photographs may not be used for any other purpose without the express permission of the Exhibitor/designer.
(b) The Exhibitor grants the Organiser the right to use any images provided to the Organiser by the Exhibitor for pre/post event publicity e.g. sales brochures, visitor invitations, show catalogues/buyers’ guides without the express permission by the Exhibitor/designer.
38. (a) Custom Stand Builders – Floor space Only Exhibitors are required to provide to the Organiser full contact details of the company or person/s responsible for the building of their stand. The Organiser will on behalf of Exhibitors will then forward to the Custom Stand Builder/s information and advice to ensure the Custom Stand Builder/s complies with all relevant Occupational Health & Safety regulations, including adequate training, licensing and induction of employees and use of certified/tagged electrical equipment.
(b) Failure to comply with Clause 40(a) relating to Custom Stand Builders, will deem the Exhibitor solely responsible for all persons employed by the Custom Stand Builder/s for the purpose of construction of the Exhibitor’s stand.
All artwork for banners to be rigged and erected at the Exhibition must be approved by the Organiser no later than 2 weeks prior to the commencement of the show move in. Decisions to accept or reject artwork content is at the discretion of the Organiser.
39. Exhibitors will limited to two delagates per single site of three metres by three metres unless otherwise agreed with the Organiser.
40. The Exhibitor agrees to abide by the Property Buyer & Investor Expo policies available here www.propertybuyerexpo.com.au/policies.