The expression “the Exhibition” wherever mentioned herein shall mean Auckland Build 2016. The expression “the “Organiser” wherever mentioned herein shall mean Oliver Kinross Build Ltd. The expression “the Exhibitor” wherever mentioned herein shall mean any company firm or person who has applied for or been allocated any space/shell unit at the Exhibition. The expression “space/shell” wherever mentioned herein shall mean any exhibition space or shell stand allocated to the Exhibitor at the Exhibition.
2) Application for the Allocation of Space/Shell Stand If the application is acceptable to the Organiser every effort will be made to allocate the space/ shell applied for. However, in order to facilitate an orderly layout for the Exhibition the Exhibitor agrees to accept and pay for each space/shell as may be allocated to him/her provided that it shall not be more than 10% greater or less than the area/ shell applied for. The space/shell allocated shall be the full extent of display area available to the Exhibitor. The Organiser indicates on plans, given to Exhibitors dimension figures as accurately as possible. However, Exhibitors must ensure conformity prior to stand erection. The Organisers do not accept responsibility for any slight discrepancies which could be established between the indicated figures and the actual dimension of the space/shell. The location of pillars/columns cannot be positioned accurately within any stand/ shell space and tolerance of at least 50cm in any direction should be allowed. The Organiser reserves the right to relocate any Exhibitor if, in the Organiser’s absolute discretion, it thinks it is necessary in the best interests of the Exhibition. Should any dispute arise as to the allocation of the space/shell, or as to the extent of any extra space deemed by the Organiser to be occupied by an Exhibitor beyond that allocated, the decision of the Organiser is final. In the event of the Exhibitor giving written notice of any time prior to the Exhibition of his intention not to take possession of the space/shell allocated to him/her or in the event of his failing to take possession of the space/shell allocated to him/her or in the event of his failing to take possession of such space/shell on the day prior to the opening of the Exhibition, the Organiser may deal with such space/shell as it thinks fit without being under any liability to refund or abate any charges paid or due hereunder.
3) Payment and Interest Once Oliver Kinross Build Ltd. has received the signed booking contract by fax/email/post, the agreement is complete. By signing and returning the booking contract, the signee has agreed to make payment of the applicable fee even if payment is not made within the stated payment terms. By signing and returning the booking contract, the signee also confirms that they are authorised to sign such contracts on behalf of the Exhibitor and settle any liability that arises as a result of signing and returning the contract. All prices are subject to a listing & marketing fee as stated on the exhibition booking contract. A non-refundable deposit of 30% of the total standard charge, plus VAT/applicable local taxes, per space/shell, must be paid within 5 working days of issuing the signed Exhibition Space Booking Form to the organiser. The second instalment of 70% of the total standard charge, plus VAT/applicable local taxes, per space/ shell, must be paid no later than 5 months before Day 1 of the exhibition commencing. Should the Booking Form be returned to the Organiser within 6 months of Day 1 of the exhibition commencing, full payment will be required within 5 working days of the Booking Form being retuned to the Organiser. In the event that the Exhibitor fails to pay any sum due hereunder in the time and manner herein agreed, the Organiser may by notice in writing withdraw the space/shell allocated to him/her without being under any liability to refund the Exhibitor or abate charges paid or due hereunder. Further, once an allocation of space/shell has been made in accordance with the foregoing, should he/she subsequently decide for any reason to withdraw from the Exhibition he shall promptly inform the Organiser in writing and he/she shall be liable to pay the following cancellation charges: if more than 8 months notice of cancellation (before Day 1 of the exhibition commencing) is given to the Organiser, 30% of the value of the booked stand plus VAT/applicable local taxes. If more than 6 months notice of cancellation, but less than 8 months notice of cancellation (before Day 1 of the exhibition commencing) is given to the Organiser, 60% of the value of the booked stand plus VAT/ applicable local taxes. If less than 6 months notice of cancellation (before Day 1 of the exhibition commencing) is given to the Organiser,100% of the agreed price of the booked stand plus VAT/ applicable local taxes. If the Exhibitor fails to make payment on the due date he/she shall pay the Organiser interest on the balance from time to time outstanding (as well after as before any judgement) at the rate of 2% per month or part thereof. All prices quoted are net of applicable taxes. Oliver Kinross Build Ltd reserves the right to charge applicable taxes in addition to the price stated. A VAT/tax receipt will be issued on receipt of full payment if applicable. For events taking place in South Africa, the invoice and credit card payments may be issued or taken in ZAR and charged using the latest conversion rate of the Bank of England. For non-South Africa based events, credit card payments may be taken and charged in GBP using the latest conversion rate of the Bank of England. Invoices may be issued in GBP using the latest conversion rate of the Bank of England. For events where the prices quoted on the Booking Form are not in GBP, if payment is to be made by credit/debit card, the Organiser will convert the quoted price into GBP using the latest conversion rate of the Bank of England. The Organiser shall not be liable for any differences that may arise as a result of converting the quoted price from a nonGBP currency into GBP in order to take payment by credit/debit card. The Organiser is willing to update the invoice/receipt to show the exact amount charged as a result of Foreign Exchange differences.
4) Termination If the Exhibitor becomes bankrupt, makes any composition with his/her creditors, goes into liquidation or has a receiver appointed, fails to make payment on the due date or breaches any of these Terms and Conditions for Exhibitors, the Organiser may cancel any allocation of space/shell without being under any liability to refund or rebate any charges paid or due hereunder.
5) Exhibitor Representative Each Exhibitor must name in writing at least one person to be his/her representative in connection with the installation, operation and removal of the exhibit. Such representatives shall be authorised to enter into such service contracts as may be necessary for which the Exhibitor may be responsible.
6) Exhibition Set Up and Hours of Opening The Exhibitor shall have his/her stand complete and ready for visitors by 20.00 hrs on the day prior to the opening of the Exhibition. In the event of default from this clause the Organiser shall have the right to deal with the space in any way they consider is in the interests of the Exhibition. The Exhibition will be open to visitors at advertised stated times each day, during which period the Exhibitor undertakes to have his exhibits on display, in good order, adequately attended and not covered up.
7) Removal of Exhibits No Exhibitor shall have the right prior to closing of the Exhibition to pack or remove articles on display without permission and approval in writing by the Organiser. If the Exhibitor acts in breach of this provision he shall pay, as compensation for the detraction to the Exhibition’s appearance in addition to all sums otherwise due under this Agreement an amount equal to one third of the total space/shell charge for the Exhibitor’s allocated area. The Exhibitor will be liable for all storage and handling charges resulting from failure to remove all exhibits and display materials from the allocated area (the Organiser will inform all exhibitors of the time and date that these items need to be removed by prior to the Exhibition commencing) The Exhibitor must surrender any occupied shell scheme in its original condition. The Exhibitor should make good and indemnify the Organiser for any damage done to the Exhibition premises or done to the shell scheme by the Exhibitor, his agent, contractors or employees.
8) Plan of Stands
A set of plans for all stands, structural units or display fitments etc, must be submitted to the Organisers for approval at its absolute discretion. If you are building a RAW Stand and it is deemed that you require a structural engineer to sign off your structure, the event organiser will source one on your behalf but you may incur charges for this, which you will be notified of two weeks prior to the event commencing. Upon inspection of your stand, if it is deemed necessary by the exhibition organiser to purchase/hire additional equipment, such as extra safety equipment or fire extinguishers, that comes about due to the nature of your stand, you may be liable for these charges.
9) Stand and Display Arrangement Exhibits shall be so arranged as to not obstruct the general view, nor hide or interfere with the exhibits of others. No display material exposing an unfinished surface to neighbouring stands shall be permitted.
10) Use, Transfer and Subletting of Space/Shell Without the prior written consent of the Organiser the Exhibitor shall not transfer the whole or any part of the allotted space/shell, nor divide share or exchange space/shell with another Exhibitor nor display or advertise any products or services except such as are manufactured or regularly carried in the normal course of their business.
11) Space/Shell Allocation The Organisers shall have full power to determine in every respect the allocation of area and position of space/shell and they shall be entitled for any reason which in their sole opinion is in the general interest of the Exhibition to vary the general layout or the situation and area of any particular stand even if already allotted and the Exhibitor shall accept such new allotment of space in substitution of the originally allotted space/shell. Standard Terms & Conditions
12) Exhibition Dates The Organisers reserve the right to reschedule the dates of the Exhibition for any reason which in their sole opinion is in the general interests of the Exhibition.
13) Requirements of Superior Authorities The Exhibitor shall at once comply with any requirements imposed on the Organiser by the proprietors or managers of the Exhibition building or Municipal or other competent authority on written notice of such being given to the Exhibitor by the Organiser. All inflammable material shall be fireproofed or otherwise processed against fire in accordance with the regulations for the time being in force and any statutory or local regulations or requirements to which the Exhibition may be subject. Exhibition venue This Agreement is subject to the terms, conditions, rules and regulations of the Conditions of Hiring regulating the use of the exhibition venue for the purpose of the Exhibition and made between the exhibition venue and the Organiser. A copy of which is incorporated in the Exhibitors Manual and the Exhibitor hereby expressly acknowledges that he/she is bound by such terms and conditions as are applicable to he/she as an Exhibitor at the Exhibition and undertakes to observe and perform all such terms and conditions at all times during the continuance of this Agreement.
14) Undesirable Activities If it appears to the Organiser that an Exhibitor may be engaged in activities which are deemed to be contrary to the best interests of the Exhibition or which appear unethical or to be in breach of the Law, the Organiser may cancel any allocation of space/shell which may have been made to the Exhibitor and require him/her forthwith to vacate any space/shell allocated to him/her and refuse the Exhibitor the right to participate further in the Exhibition without being under any liability to refund or abate any charges due hereunder. Canvassing for orders, except by the Exhibitor on his own stand in the normal course of his business are strictly prohibited and in any such case the right of expulsion will at once be exercised. The distribution or display of printed or other placards, handbills or circulars or other articles except by the Exhibitor on his own stand is prohibited. Sales by auction are prohibited. No food, tobacco or beverage (alcoholic or otherwise) shall be sold or supplied or distributed free of charge within the confines of the Exhibition building and no utensil or vessel for the consumption or preparation thereof shall be brought into the Exhibition building by the Exhibitor or his/her agents without, in any such case, the prior written consent of the Organiser.
15) Limitation of Liability The Organiser, its employees and agents shall have no liability whatsoever for any loss, damage injury costs charges or expenses suffered or incurred by the Exhibitor, its employees or agents and arising whether directly or indirectly from the use or occupancy of the Exhibition space or shell stand or from their attendance at the Exhibition except liability for injury to persons arising solely from the negligence of the Organiser its employees or agents.
16) Indemnity and Insurance The Exhibitor hereby agrees to indemnify and keep indemnified the Organiser, its employees and agents from and against all liability for loss damage injury costs charges or expenses suffered or incurred by any persons whether directly in consequence of the use or occupancy of the Exhibition space/shell by the Exhibitor, its employees or agents or their attendance at the Exhibition. We strongly advise that the Exhibitor should have adequate Public Liability insurance and also that the Exhibitor should ensure that any contractors and sub-contractors he/she uses have their own insurance. The Exhibitor will provide written proof of all such insurances on request by the Organiser. However, Oliver Kinross Build Ltd. shall have absolutely no liability for the acts or omissions of any exhibitor or their contractors or sub-contractors regardless of whether or not such insurance is in place.
17) Cancellation or Termination of Exhibition In the event that the premises where the Exhibition is to be held shall, in the sole determination of the Organiser, become unfit or unavailable for occupancy, or shall be substantially interfered with by reason of fire, flood, tempest, or any other such cause or as a result of Government intervention, malicious damage, act of war, strike, lockout, labour dispute, riot or any other cause or agency over which the Organiser has no control or should the Organiser decide that owing to any such cause or agency it is necessary or advisable to cancel, postpone or re-site the Exhibition or reduce the planned period for preparation, display or dismantling the Organiser shall not be liable to indemnify or reimburse the Exhibitor in respect of any loss damage costs charges or expense whether direct or indirect arising as a result thereof. In the event that there are lower visitor attendees on the Exhibition days for reasons beyond the Organisers control the Organiser shall not be liable to indemnify or reimburse the Exhibitor in respect of any loss damage costs charges or expense whether direct or indirect arising as a result thereof
If the Exhibitor fails to comply in any respect with the terms of this Agreement and fails to remedy such non-compliance within fourteen days of written notification thereof being sent to him/her by the Organiser, shall have the right to offer said space/shell to another Exhibitor, or use the said space/shell in any other manner but shall not be construed as affecting the responsibility of the Exhibitor to pay the full amount specified by the contract. The Organiser reserves the right to interpret, amend and enforce these regulations as it deems proper to ensure the success of the Exhibition.
19) Additional Provisions The Exhibitor shall abide by all additional regulations made by the Organiser from time to time relating to the running of the Exhibition including without prejudice to the generality of the foregoing all such regulations as are set out in the Prospectus relating to the Exhibition and the Exhibitors Manual relating thereto (which expressions shall in each case include reference to any supplementary documents published or made available in connection therewith). Provided that in the event of any conflict between any such regulations wheresoever contained, and the Terms and Conditions set out herein, the Terms and Conditions set out herein shall take precedence. 20) Limits of Height Any Exhibitor wishing to construct displays higher than the shell ceiling height must have written permission from the Organiser and must obtain written approval of the final floor plan.
21) Rates of Exchange The rate of exchange in respect of funds transferred from overseas shall be that ruling at the Bank of the Organiser to which funds are transferred at the date payment is made.
22) Applicable Law This contract is governed by the law of England and Wales, and is subject to the exclusive jurisdiction of the courts of England and Wales
23) Sanctions Should any applicable sanctions, legislation or bank regulations prohibit this event or make its operation impractical, then Oliver Kinross Build Ltd reserve the right to relocate the event to another country or region as appropriate.
Oliver Kinross Build Ltd. will make every reasonable efforts to adhere to the advertised event package but reserves the right to change dates, location, content, speakers or topics if necessary. Any communication concerning the event shall not form part of the contract. If an event is cancelled for any reason the client shall receive a full credit voucher which can used to attend a future event arranged by the Organiser. The customer is wholly responsible for booking and paying for all travel, accommodation and other services associated with attendance at an event. Under no circumstances shall Oliver Kinross Build Ltd. be liable for any expenses incurred by the customer even if the event is cancelled, postponed or modified in any way. It is agreed that the customer will only book such services where the customer has the right and ability to cancel these without cost or penalty and retains and accepts full ability and responsibility to do so. Oliver Kinross Build Ltd. shall have no liability whatsoever for any indirect costs or expenses or any consequential losses howsoever incurred by the customer in any circumstances including, for example, lost profits, lost revenues, lost business opportunity, lost goodwill.
Company Logo & Profile - unless specifically requested by the Exhibitor not to use this information, we will be listing your company profile (185 words), logo, and point of contact (address, email and telephone number) within the Exhibition Show Guide and on the Exhibition website. We send out many reminders to obtain this information directly, however if we do not receive this before our print deadline, our marketing team will obtain this information from your company website and use on our event materials which may include but are not limited to: exhibitor website section and printed manuals, flyers and other event documents.
Contractors - we, as the event Organiser, appoint a number of contractors to use for various on site services at the exhibition which include but are not limited to: general decorator, audio visual, translation, temporary staffing agencies, dray age, labour services, freight and delivery. In certain circumstances, we are legally obliged by the host venue to obtain these services. In turn, you, as the exhibitor, are also legally obliged to use these services for your participation at the event. Please note that you will be informed about this in your exhibitor manual.
USB Sponsor - only applicable to the company that has purchased the USB Sponsorship option. You will be the exclusive USB provider. No other company may purchase this. There is no limit what you can load onto the USB. The USB sponsor will be responsible for sourcing all USB’s and arranging shipment to the venue (liaise with Event Organiser Operations team to obtain delivery schedule and address). If the USB sponsor wishes to include conference/workshop content, the event organiser will send this information to the USB sponsor two weeks prior to the event commencement date with any materials that we have permission to distribute/use. USB’s will be distributed at registration by event organiser to every attendee at the event. Lanyard Sponsor - only applicable to the company that has purchased the Lanyard Sponsorship option. You will be the exclusive Lanyard provider. No other company may purchase this. Artwork must be sent over to the event organiser two weeks prior to event commencement date for approval (and to check the attachments are suitable for the name badges). The lanyard sponsor will be responsible for sourcing all Lanyards, the personalized artwork and arranging shipment to the venue (liaise with Event Organiser Operations team to obtain delivery schedule and address).