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1. DEFINITIONS
In these terms and conditions the terms;
(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 space application
form.
(iii) “Organiser” means Niche Events Ltd
(iv) “Cancellation charge” is the charge that will be applied and is equal to the payment stage prior to the event i.e.
30% Cancellation charge will be applied if cancelled up to 9 months prior to the event
65% Cancellation charge will be applied if cancelled between 9 to 3 months prior to the event
100% Cancellation charge will be applied if cancelled within 3 months of the event
The above amount will be payable by the Exhibitor to the Organiser in the event that the Exhibitor cancels his space or is deemed by the Organiser to have cancelled his space in each case at any time prior to the Exhibition.
2. APPLICATION FOR STAND SPACE
(i) Until the completed space application form has been received and accepted by the Organiser, the Organiser has the right without giving notice to the Exhibitor to reallocate the stand space to another exhibitor and the booking will be null and void.
(ii) Upon acceptance of the space application form by the Organiser there shall be a contract between the Organiser and the Exhibitor to which these terms & conditions shall apply.
3. ALLOCATION OF STAND SPACE
Every effort shall be made to allocate to the Exhibitor the stand space, which has been ordered. However, to facilitate an effective layout of the Exhibition and if the Organiser believes it to be in the best interest of the Exhibition, the Organiser has the right to make a stand reallocation at any time, provided that the reallocated stand space shall not be more than 10% greater or less than the space which has been booked. If the space is reduced, the price for the stand shall be reduced proportionate to the amount of the space reduction.
4. CANCELLATION/REDUCTION OF SPACE
Save as otherwise provided in the application form, if the Exhibitor wishes to reduce the size of his allocated space at any time prior to the Exhibition, then the Organiser reserves the right (without prejudice to any other right or remedy) to apply a charge based upon the Cancellation charge in proportion to the amount by which the original allocated space is reduced. The Organiser further reserves the right to resell or re-allocate such space for its own benefit.
5. PROMOTIONS AND PRESENTATIONS
The Organiser shall organise and promote the Exhibition in such manner as it considers appropriate and reserves the right at any time to amend or vary the manner or methods of such organisation and promotion notwithstanding any previous statements as to Strategy, any such statements not amounting to any representation or warranty.
The Exhibitor acknowledges that the Organiser 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 Organiser. The name of any exhibitor which may appear on any floorplan or stand number or any statement made by or on behalf of the Organiser that any exhibitor is booked to attend any Exhibition provisionally or otherwise shall not constitute any warranty, representation or undertaking by the Organiser that any such exhibitor shall attend any Exhibition or attend any particular location. Any application for space shall not be conditional on the presence or location of any other exhibitors at the same or any other Exhibition.
6. POSTPONEMENT OR ABANDONEMENT
The Organiser at any time, without prior notification, may change the location of the venue, the date, the opening and closing times of the Exhibition. The Exhibitor shall not have any claim against the Organiser in respect of any loss or damage whatsoever consequent upon the Exhibition failing to be held for any reason outside the Organiser’s control or the Exhibition venue being or becoming wholly or partially unavailable for the holding of the Exhibition for any reason. If by rearranging the venue, the period of the Exhibition, the size or location of the stands, postponing the Exhibition or by doing any other reasonable thing the Exhibition can be held, the contract for space shall be binding save that it shall be deemed to be varied to allow for the necessary change in venue, dates or period of the Exhibition, stand size, location or otherwise.
7. ERECTION OF STANDS
The Exhibitor acknowledges that the Organiser has appointed official stand contractors. Where directed by the Organiser the exhibitor must use these permitted to appoint another contractor for the interior work to the shell.
8. SERVICES PROVIDED TO THE EXHIBITION
The Organiser will use all reasonable endeavours to ensure that the supply of services provided for the Exhibition (further details to be provided in the Exhibitor manual) but shall not incur any liability to the exhibitors if any service fails or is not available.The Exhibitor agrees that the Organiser and all bodies or authorities whose rules impact upon the Exhibition in any way and those authorised by any of them have the right at any time to enter the exhibition premises and execute works, repairs and for other purposes. [No compensation will be payable to the Exhibitor for damage, loss or inconvenience so caused.
9. SPACE NOT OCCUPIED
The Exhibitor may occupy the space allotted to him one hour before the show opening time on the first day of the Exhibition. Any Exhibitor failing to do so will be deemed to have cancelled his space booking. In this event the Cancellation Charge will be payable and the Organiser may resell or reallocate such space for its own benefits.
10. WAIVER AND TERMINATION
Any waiver given by the Organiser in relation to any condition will only be effective if given in writing and will only be valid on that occasion. In addition to any other rights remedies the Organiser may have, the Organiser reserves the right to terminate the contract with the Exhibitor immediately in the following circumstances:
(a) where the Exhibitor has failed to meet any of its payment obligations detailed on the application form
(b) where the Exhibitor has committed a (serious) breach of (any of) its obligations under the Terms & Conditions
(c) where the Exhibitor goes into voluntary or involuntary liquidation, becomes insolvent, or enters into any compromise or arrangement with its creditors or
(d) where a receiver, administrator or administrative receiver is appointed over the whole or any part of the Exhibitor’s business.
In the event of termination of the contract:
(a) the provisions set out above in relation to cancellation shall apply
(b) the Exhibitor will be liable to reimburse the Organiser to re-enter upon the allotted space, to remove and exclude the Exhibitor and persons therefrom;
(c) and any Exhibitor or property of the Exhibitor or under the control of the Exhibitor or under the control of the Exhibitor within the Exhibition premises may be required to be removed by the Exhibitor by a time stipulated by the Organiser or, if considered necessary by the Organiser, it may remove and despatch the Exhibits and property (at the exhibitor’s cost and expense) to the Exhibitor’s address shown on the application form.
11. IDEMNITY
The Exhibitor is responsible for and shall indemnify the Organiser against all costs, claims, demands, proceedings and losses whatsoever made against or incurred by the Organiser as a result of the Exhibitor promoting, advertising or exhibiting goods or services at the exhibition save as precluded by the Unfair Contract Terms Act 1977.
12. INSURANCE
The Organiser, upon receipt of payment for the stand as set out in the space application form, will take out and maintain a contract of insurance providing cover to the Organiser in accordance with the summary of terms. If any situation occurs which may give rise to a claim under such insurance cover, the Organiser shall notify its insurer within seven days of receipt from the Exhibitor of written notification. The Exhibitor must submit in writing details of the proposed claim promptly including the circumstances, which may result in a claim.
In the event of any such claim, the Exhibitor agrees to provide any information as requested by the insurer, or any person appointed by the insurer to investigate the claim, and the Organiser shall send to the Exhibitor copies of any correspondence with the insurer in relation to the claim. In the event that the claim is made by the Organiser under its insurance cover, the Organiser shall pay or arrange to pay that part of any proceeds of the claim that relate to the loss, over to the Exhibitor. The Organiser is under no obligation to commence legal proceedings or threaten the same in relation to any such claim. The Exhibitor shall use due diligence and best endeavours in all matters relating to the claim whether before or after a loss, and must take all reasonable precautions to prevent any injury, loss or damage. The Organiser does not provide any advice concerning its insurance cover and it is for the Exhibitor to read the summary of terms of the Organiser’s policy and to decide if it is adequate. If the Exhibitor wishes to use its own insurance cover for the Exhibition, please notify the Organiser immediately. In any event, Insurance is compulsory and the Organiser shall be entitled to inspect such insurance cover which the Exhibitor shall make available on request.
13. ASSIGNMENT
The Exhibitor shall not be entitled to assign or delegate to a third party, any rights or obligations of the Exhibitor arising under these terms and conditions. The Organiser shall be entitled to assign the benefit (subject to burden) of its contract with the Exhibitor without notice to or consent from the exhibitor.
14. GOVERNING LAW AND JURISDICTION
These terms and conditions shall be constructed in accordance with English Law and the Exhibitor hereby submits to the non-exclusive jurisdiction of the English courts.
15. ENTIRE AGREEMENT
These terms and conditions contain the entire agreement between the Organiser and the Exhibitor and may not be changed orally, but only in writing signed by a duly authorised representative of the party against whom enforcement of any waiver, change, modification or discharge is sought.
16. FAILURE TO PAY
If the Client fails to pay Niche Events any sum due pursuant to this Agreement then the Client will be liable to pay Niche Events interest to on such sum from the due date of payment at the annual rate of 2% above the base rate from time to time of National Westminster Bank Plc, accruing on a daily basis until payment is made, whether before or after any judgement. Niche Events reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
17. COMPLIANCE
(i) This Export Control Act 2002 (as amended) covers the exportation of goods, the transfer of technology, the provision of technical assistance overseas and activities connected with trade in controlled goods. Exhibitors whose activities may be impacted by this Act and associated control orders are to ensure they have the necessary licenses and mechanisms in place.
(ii) Equipment, services, documentation and all other forms of visual promotion and display, exhibited or proposed, must comply with UK Law and the UK’s international undertakings, EU/UN Law and EU/UN international undertakings.
(iii) Exhibitors promoting or exhibiting prohibited items, either overtly or covertly during the exhibition, will be in breach of their contract with the organisers and will forfeit their right to exhibit at CTX. The Organisers will take appropriate action which may involve the removal of equipment, documentation and/or visual promotional material from the stand into safe custody. The stand may be closed immediately and the exhibitor will have no claim for redress against the Organisers, nor any refund for loss of fees.
(iv) Compliance audits will take place before and throughout CTX to ensure that equipment, services, documentation and all other forms of visual promotion and display exhibited comply with the above-mentioned undertakings. | 
