The version was first published: 11 October 2018, it was last updated 30 January 2024 – see Change Log at foot of document
Warner’s Shows Terms and
Conditions Relating to the Provision of Exhibition Space at Indoor and Outdoor
Exhibitions
1 INTERPRETATION
1.1 In
these Conditions:
Company: means Warner’s Group Publications Plc.
Conditions: means the standard terms and conditions set
out in this document and (unless the context otherwise requires) includes any
special terms and conditions agreed in writing between the Company and the
Exhibitor.
Contract: means the contract between the Company and the
Exhibitor for exhibition space in accordance with these terms and conditions.
Data Protection Legislation: all applicable data protection and privacy
legislation in force from time to time in the UK including the General Data
Protection Regulation ((EU) 2016/679); the Data Protection Act 1998 or
2018; the Privacy and Electronic Communications Directive 2002/58/EC (as
updated by Directive 2009/136/EC) and the Privacy and Electronic Communications
Regulations 2003 (SI 2003 No. 2426) as amended; any other European Union
legislation relating to personal data and/or privacy and all other legislation
and regulatory requirements in force from time to time which apply to a party
relating to the use of Personal Data (including, without limitation, the
privacy of electronic communications); and the guidance and codes of practice
issued by the relevant data protection or supervisory authority and applicable
to a party.
Exhibitor: means the person, firm or company who accepts
a quotation for the provision of exhibition space.
Writing: Includes email and comparable means of
communication.
1.2 Any
reference in these conditions to any provision of statute shall be construed as
a reference to that provision as amended, re-enacted or extended at the
relevant time.
1.3 References
in these conditions to “he” shall be deemed to include “she” and references to
the singular shall be deemed to include the plural and vice versa. A
reference to a statute or statutory provision includes any subordinate
legislation made under that statute or statutory provision, as amended or
re-enacted.
1.4 The
headings in these Conditions are for convenience only and shall not affect
their interpretation.
1.5 These
Conditions are drafted to govern contracts for the provision of indoor and
outdoor space at exhibitions. The terms should therefore be interpreted and
applied accordingly depending upon the nature of any particular exhibition.
1.6 These
terms fully incorporate the A-Z regulations, setup guide, show guide and site
safety information (all of which are subject to change from time to time)
provided by the Company. All of which are available to view at www.warnersexhibitions.com or by
requesting a copy from the Company.
1.7 A
person includes a natural person, corporate or unincorporated body (whether or
not having separate legal personality).
1.8 A
reference to a party includes its personal representatives, successors or
permitted assigns.
2 BASIS OF CONTRACT
2.1 The
Exhibitor’s order constitutes an offer to the Company to reserve an exhibition
space in accordance with these Conditions.
2.3 Following
confirmation in accordance with clause 2.2 above, the Company shall
not be required to send any further information or payment reminders to the
Exhibitor. It is the Exhibitor’s sole responsibility to ensure that payment is
made in accordance with clause 4 below.
2.4 The
Company has absolute discretion in deciding whether or not to accept an order
for exhibition space and, in refusing an order, shall be under no obligation to
provide the Exhibitor with any reason for such refusal.
2.5 No
variation to these Conditions shall be binding unless agreed in writing between
the authorised representatives of the Company and the Exhibitor.
2.6 The
Contract constitutes the entire agreement between the parties. The
Company’s employees and/or agents are not authorised to make any representations
concerning allocation of exhibition space unless confirmed by the Company in
writing. In entering into the Contract the
Exhibitor acknowledges that it does not and has not relied on any statement,
promise or representation made or given by or on behalf of the Company which is
not set out in the Contract. Any samples, drawings, descriptive
matter or advertising issued by the Company, and any descriptions or
illustrations contained in the Company’s catalogues or brochures, are issued or
published for the sole purpose of giving an approximate idea of the exhibition
space. They shall not form part of the Contract or any other
contract between the Company and the Exhibitor, and waives any claim for breach
of, any subsequent representations which are not so confirmed.
2.7 Any
advice or recommendation given by the Company or its employees or agents which
is not confirmed in writing by the Company is followed or acted upon entirely
at the Exhibitors own risk, and accordingly the Company shall not be liable for
any such advice or recommendation which is not so confirmed.
2.8 Any
typographical, clerical or other error or omission in any sales literature,
quotation, price list, acceptance of offer, invoice or other document or
information issued by the Company shall be subject to correction without
liability on the part of the Company.
2.9 These
Conditions apply to the Contract to the exclusion of any other terms that the
Exhibitor seeks to impose or incorporate, or which are implied by trade,
custom, practice or course of dealing.
2.10 Any
“personal data” (having the meaning given to it in the Data Protection
Legislation) relating to the Exhibitor processed or stored by the Company will
be handled in accordance with the Company’s Privacy Policy which can be read in
full at the following link: http://www.warnersgroup.co.uk/about-warners-group/privacy-policy-clients/
3 PRICE
3.1 The
price for the allocation of exhibition space shall be the Company’s quoted
price. All prices quoted are valid for 30 days or, if earlier, when accepted by
the Exhibitor. A quote after this time may be altered by the Company without
giving notice to the Exhibitor. Any quotation given by the Company shall not
constitute an offer.
3.2 The
Company reserves the right, by giving notice to the Exhibitor at any time prior
to commencement of the exhibition, to increase the price of allocated space to
reflect any increase in the cost to the Company which is due to any factor
beyond the Company’s control.
3.3 Except
as otherwise stated under the terms of any quotation of the Company, and unless
otherwise agreed in writing between the Company and the Exhibitor, all prices
given by the Company will include the cost of heating, lighting and cleaning of
communal and any car parking areas.
3.4 The
price will not include any special requirements of the Exhibitor in respect of connections
to services, provision of interior or exterior fitments and displays, fencing, sign
writing, insurance of exhibits, cleaning of exhibits, the provision of loading
and handling of exhibits during the preparatory and dismantling period,
provisional facilities for the storage of empty packing cases during the
exhibition, provision of night sheets, provision of floral decorations,
furniture and any other special requirements of the Exhibitor for the provision
of which the Company reserves the right to levy an additional charge at the
Company’s standard rates, such costs to be payable by the Exhibitor.
4 TERMS
OF PAYMENT
4.1.1 A deposit to the value of 25% of the total Contract price must be paid by the Exhibitor to the company twelve weeks prior to the exhibition date. By exception, with regard to British Potato Industry Event a deposit invoice for 50% of the total contract price will be due by return, to secure the booking.
4.1.2 The
balance of the charges due must be paid by the Exhibitor to the Company eight
weeks prior to the exhibition.
4.2 The
Exhibitor shall pay the charges to the Company in full and cleared funds to a
bank account nominated in writing by the Company. Time for payment
shall be of the essence of the Contract.
4.3 All
amounts payable by the Exhibitor under the contract are exclusive of amounts in
respect of value added tax chargeable for the time being
(VAT). Where any taxable supply for VAT purposes is made under the
Contract by the Company to the Exhibitor, the Exhibitor shall, in receipt of a
valid VAT invoice from the Company, pay to the Company such additional amounts
in respect of VAT as are chargeable on the supply of the Services at the same
time as payment is due for the supply of the Services.
4.4 The
Exhibitor shall pay all amounts due under the Contract in full without any
deduction or withholding except as required by law and the Exhibitor shall not
be entitled to assert any credit, set-off or counterclaim against the Company
in order to justify withholding payment of any such amount in whole or in
part. The Company may, without limiting its other rights or
remedies, set off any amount owing to it or any member of its group by the
Exhibitor against any amount payable by the Company to the Exhibitor.
4.6 In
the event that the Company decides to cancel the Contract in accordance with
clause 4.5 all monies due under this Contract shall become due and
payable as set out in this clause 4.
4.7 The
Exhibitor shall be prevented from gaining access to the exhibition site in the
event that any payments under the Contract remain outstanding.
5 RISK
5.1 The
Company shall not be liable to the Exhibitor or be deemed to be in breach of
the Contract by reason of any delay in performing, or any failure to perform,
any of the Company’s obligations in relation to the contract, if the delay or
failure is due to any cause beyond the Company’s reasonable
control. Without prejudice to the generality of the foregoing, the
following shall be regarded as causes beyond the Company’s reasonable control;
5.1.1 Act
of God, pandemic, explosion, flood, tempest, fire or accident;
5.1.2 War
or threat of war, terrorist attack, sabotage, civil disturbance or requisition;
5.1.3 Acts,
restrictions, regulations, bylaws, prohibitions or measures of any kind on the
part of any government of parliamentary local authority;
5.1.4 Import
or export regulations or embargoes;
5.1.5 Strikes,
lockouts or other industrial action or trade dispute (whether involving employees
of the company or of a third party);
5.1.6 Difficulties
in obtaining material, labour, fuel, parts or machinery; or
5.1.7 Power
failure or breakdown in machinery.
5.2 The
Exhibitor agrees and undertakes to take and maintain adequate insurance in
respect of all his exhibits and all associated ancillary equipment and
materials for the duration of the Contract.
5.3 Subject
to clause 5.5, and unless caused by negligence of the Company its
servants, employees or agents, the Company shall not be responsible for any
personal injury caused to the Exhibitor or his servants, invitees, or licensees
and the Company shall not be liable to the Exhibitor, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, for any loss of
profit, or for any indirect or consequential loss arising under or in
connection with the Contract a deliberate breach of the Contract by the
Company, its employees, agents or subcontractors including loss or damage to
exhibits or other property of the Exhibitor his servants, agents, invitees or
licensees. The Exhibitor therefore agrees that he will secure adequate
insurance in this respect and will indemnify the Company against all loss,
damage, costs, claims and expenses awarded against or incurred by the Company
in connection with any claim arising hereunder.
5.4 The
Company accepts no liability for expenditure and losses that may be incurred by
an Exhibitor in the event of the exhibition being abandoned, cancelled or suspended
in whole or in part. Exhibitors are therefore advised to insure
against such expenditure.
5.5 Nothing
in these Conditions shall limit or exclude the Company’s liability for:
5.5.1 death
or personal injury caused by its negligence, or the negligence of its
employees, agents or subcontractors;
5.5.2 fraud
or fraudulent misrepresentation; or
5.5.3 breach
of the terms implied by section 2 of the Supply of Goods and Services Act 1982
(title and quiet possession).
5.6 Except
as set out in these Conditions, all warranties, conditions and other terms
implied by statute or common law are, to the fullest extent permitted by law,
excluded from the Contract.
5.7 This
clause 5 shall survive termination of the Contract.
6 EXHIBITOR’S
OBLIGATIONS AND CONDUCT
The Exhibitor shall:
6.1 ensure
that the terms of its order and any information it provides to the Company is
complete and accurate in all material respects;
6.2 co-operate
with the Company in all matters relating to the provision of exhibition space;
6.3 obtain
and maintain all necessary licences, permissions and consents which may be
required by it in respect of the exhibition;
6.4 abide by guidance and site safety rules as set out by the Company.
6.5 The Exhibitor must ensure
that his stand and all exhibits are kept clean and tidy throughout the
exhibition.
6.6 Ensure
that his stand is open to view and staffed by competent representatives during
exhibition hours. In the event of the Exhibitor failing to open his
stand or uncover his exhibits the Company may, without any liability to the
Exhibitor, arrange for the stand and exhibits to be removed and may recover the
expenses for doing so from the Exhibitor.
6.7 The
Exhibitor may not attach anything to the floor or any other part of the
exhibition venue without first obtaining the written consent of the Company.
6.8 Each
Exhibitor and all persons accompanying the Exhibitor at the exhibition must
conduct themselves in such a manner so as to avoid causing any nuisance or
disturbance to any other person at the exhibition. Any person who
does not comply with this clause shall be liable, at the discretion of the
Company, to be removed from the exhibition building and/or be refused
re-admission during the period of the exhibition.
6.9 Exhibitors
shall not sell, tout, distribute or display goods, advertising or samples in
the aisles save for or from the Exhibitor’s stand.
6.10 Exhibitors
must not obstruct any fire doors whilst the exhibition premises are in use or
obstruct any corridors giving access to the premises except with the Company’s
permission.
6.11 No
publicity or promotional material may be left on Exhibitor’s vehicles or and
other vehicles in car parks, overnight camping areas or distributed outside of
the Exhibitor’s stand area. All promotional material displayed on
the stand must be relevant to the Exhibitor’s business and must, in the opinion
of the Company, be of good taste.
6.12 Aisles must
be kept unobstructed at all times and no stands may exceed their allotted space
without prior written permission of the Company. In the event that
aisles are obstructed by the Exhibitor then, the Company shall request the
Exhibitor to remove the obstruction forthwith and, if the Exhibitor fails to
act accordingly then, the Company reserves the right to remove and dispose of
the obstruction in any manner that it thinks fit and, may recover the costs of
doing so from the Exhibitor.
6.13 Use
of radios, televisions, or any other device used to play music and other
similar appliances must be notified to the Company in writing at least 20 days
prior to the exhibition. It is the responsibility of the Exhibitor to either
inform the Company that he has applied for any appropriate and requisite
licences from Performing Rights Society of Phonographic Performance Limited in
respect of public use of sound recordings of any kind, or ask the Company to
apply for the licence to be applied for at least 6 weeks prior to the
commencement of the exhibition.
6.14 Access to
the exhibition site for the purposes of preparing his stand/exhibition will not
be granted to the Exhibitor at any times other than those stated by the
Company.
6.15 The
Exhibitor shall ensure that the exhibits on his stand remain in place
throughout the course of the exhibition. If the Exhibitor removes his stand
before the end of the exhibition the Company shall have the right to terminate
any other contracts the Company may have entered into with the Exhibitor for
future exhibitions.
6.16 The
Company shall advise the Exhibitor of the date and time by which the
Exhibitor’s stand must be dismantled and removed from the exhibition
site. If this date and time is not complied to, the Exhibitor will
be liable to pay a fine imposed by the venue, which shall be payable by the
Exhibitor.
6.17 It
is the Exhibitor’s responsibility to ensure that his attendance and involvement
in the exhibition will not contravene any applicable statute or other
regulation.
7 SERVICE CONNECTIONS
7.1 The
Exhibitor or any contractor, servant, agent, licensee or invitee of the
Exhibitor must not interfere with any installations once approved by the
electrical contractor.
7.2 It is
the responsibility of the Exhibitor to ensure that all of its electrical
equipment has been tested by a qualified electrician before it is utilised at
the exhibition. Equipment that has not been appropriately tested
must not be used for the exhibit.
7.3 The
Exhibitor acknowledges that he is solely responsible for all electrical work,
installations and equipment utilised by it for the purposes of its exhibition
and to indemnify the Company in respect of any actions, proceedings, costs,
claims, and damages made against or incurred by the company and arising by
virtue of any use of electricity by the Exhibitor that is not installed or
approved by the official electrical contractor.
7.4 Any
Exhibitor requiring electricity must order it no later than 14 days prior to
the exhibition date. The Exhibitor acknowledges that an electricity
supply cannot be guaranteed at the event if not pre-ordered and may be subject
to a 50% surcharge.
7.5 The
Exhibitor is responsible for any of the Company’s equipment which is used on
the stand and if such equipment is not returned, or returned damaged, to the
Company or their agent the Exhibitor will be responsible for the replacement or
repair cost.
8 NON-COMPLIANCE WITH REGULATIONS
OR BREACH OF CONTRACT
8.2 In
the event that the Company exercises its rights in respect of this clause then:
8.2.1 All
fees paid by the Exhibitor shall be forfeited and retained by the Company, and
the Exhibitor shall indemnify the Company in respect of all costs, losses,
claims and damages or expenses (including any consequential loss or damage)
incurred as a result of such breach; and
8.2.2 The
exhibits of the Exhibitor shall be removed from the exhibition premises at a
time to be stated by the company and, thereafter, the Exhibitor, his servants
and agents shall not be entitled to access thereto or to the
Exhibition. The Company shall be entitled, if necessary to remove
and despatch the said exhibits and property (at the risk of the Exhibitor) to
the address of the Exhibitor stated on the Contract.
8.3 The
Company shall use reasonable endeavours to ensure that the exhibition commences
on the agreed date and, thereafter, proceed without interruption to the extent
it is able. The Company does, however, reserve the right to cancel,
redesign, hold on a lesser scale, postpone, interrupt or prematurely conclude
the exhibition for whatever reason if in the opinion of the Company it becomes
reasonably necessary to do so.
8.4 In
the event that the Company does so have to cancel or otherwise alter the
exhibition in accordance with clause 8.1 of these Conditions then,
the Company shall be entitled to retain monies paid under the
Contract. The parties agree that the Company shall have no further liability
to the Exhibitor.
9 CANCELLATION BY
THE EXHIBITOR
9.1 In the event that the Exhibitor decides to cancel the Contract the Exhibitor must notify the Company in writing. Subject to clause 9.2 below, if notification is received by the Company not less than eight weeks prior to the exhibition, the Company will retain the deposit and a full refund for the remainder of monies will be issued to the Exhibitor. Less than eight weeks prior to the exhibition all monies will remain payable as set out in clause 4 and no refund issued
9.2 The
Exhibitor acknowledges that once spaces have been allocated to exhibitors, it
is difficult for the Company to re-allocate such spaces on short notice and as
a result, the Company may incur additional costs and liabilities or suffer
additional losses as a result. Accordingly, if the Exhibitor varies or reduces
its order within 8 weeks of the date of the exhibition, the Company reserves
the right to charge the Exhibitor all costs, losses and expenses incurred by
the Company as a result of such variation and the company shall be entitled to
retain such amount in addition to that specified above.
10 TERMINATION
10.1 Without
limiting its other rights or remedies, the Company may terminate the Contract
with immediate effect by giving written notice to the Exhibitor if the
Exhibitor fails to pay any amount due under this Contract on the due date for
payment.
10.2 the
Exhibitor shall immediately pay to the Company all of the Company’s outstanding
unpaid invoices and, in respect of any services supplied but for which no
invoice has been submitted, the Company shall submit an invoice, which shall be
payable by the Exhibitor immediately on receipt;
10.3 the
accrued rights, remedies, obligations and liabilities of the parties as at
expiry or termination shall not be affected, including the right to claim
damages in respect of any breach of the Contract which existed at or before the
date of termination or expiry; and
10.4 clauses
which expressly or by implication have effect after termination shall continue
in full force and effect.
11 PROTECTION OF
EXHIBITS
11.1 It
is the sole responsibility of the Exhibitor to ensure that all exhibits are
properly constructed and protected in order to avoid danger to any person or
persons visiting or taking part in the Exhibition. The Exhibitor
shall indemnify the Company against any claim or action on account of any
injury/death or damage being caused or occasioned by any exhibit to any person
whatsoever.
12 ALTERATION OF
ALLOCATED SPACE AND SITE PLAN
12.1 The
Company reserves the right at any time and from time to time to make such
alterations to the site plan, as may, in its opinion, be necessary in the best
interests of the exhibition and, to alter the shape, size or position of the
space allotted to any exhibitor. If as a result of any such
alteration by the Company, the space allotted to an Exhibitor should be
reduced, an appropriate allowance will be made to the Exhibitor by adjustment
of fee. No alteration of the space allotted will be made in such a
way as to impose on the exhibitor any greater liability for fees than those
detailed within the Contract.
12.2 The
Company reserves the right to transfer an Exhibitor to an alternative site
that, in the opinion of the Company is suitable for that Exhibitor’s needs.
12.3 The Company reserve the right to change amend or substitute
the site plan, including entrance and exit points.
13 RELATIONSHIP BETWEEN
THE PARTIES
13.1 The
Contract between the Exhibitor and the Company constitutes a licence to exhibit
and is personal between the parties. The Exhibitor, therefore, shall
not be entitled to assign the Contract, sub-let or part with his site or stand
or any portion of it without prior written consent from the company, no name
other than that of the Company or firm which entered into the Contract with the
Company may be displayed on the site or stand.
14 ADMISSION TO
THE EXHIBITION
14.1 The
Company reserves the right at its absolute discretion to refuse any person
admission to the exhibition.
14.2 The
Company will issue official accreditation to gain admission.
14.3 No
Exhibitor, or his staff, contractors, workmen or other connected persons will
be admitted to the exhibition without first producing to the gate officials the
appropriate accreditation.
14.4 The
Company reserves the right at its absolute discretion to withdraw any pass
issued to any person if complaints have been received about that person’s
conduct.
15 DAMAGE TO BUILDINGS AND
SITE
15.1 The
Exhibitor shall not cause or permit any damage to the exhibition buildings or site. In addition, the Exhibitor shall not alter or
interfere with the structure and design of the exhibition without obtaining
prior written consent of the company and, shall make good any damage occasioned
to the building and site during the occupation and in turn shall indemnity the
Company in respect of any costs or damages claimed against the Company by the
owner of the exhibition site or any third party.
16 HEALTH AND SAFETY
16.1 The
Exhibitor is responsible for conducting its own risk assessment in respect of
its stand and exhibits and shall promptly (and in any event within two days of
being requested to do so), provide a copy of such risk assessment to the
Company.
16.2 The
Exhibitor shall not act in such a manner so as to jeopardise or officiate any
policy of insurance effective by the Company or owner of the exhibition site or
arena.
16.3 In
the event that the nature of an Exhibitor’s exhibition is such that it results
in a loading of any insurance premium of the company or owner then, the
Exhibitor shall be responsible for payment of the extra premium.
16.4 Fireproofing.
It is the responsibility of the Exhibitor to ensure that, where applicable, all
exhibits are made from fire proof materials and installed to the satisfaction
of the fire officer in attendance at the exhibition.
16.5 Dangerous
substances and naked flames. Explosives, radioactive, highly flammable or
other dangerous substances shall not be exhibited or brought into the
exhibition area nor may any naked lights or lamps be used during the period of
exhibition or the periods of setting up and dismantling the stands without the
Exhibitor first receiving the prior written consent of the Company.
17 OPERATING MACHINERY OR
EXHIBITS
17.1 Any
moving machinery must be installed at the expense of the Exhibitor in such a
manner and to the reasonable satisfaction of the Company and owners of the exhibition
venue as approved in writing by the Company prior to
installation. The Company reserves the right to refuse the Exhibitor
use of any machinery that, in the absolute discretion of the Company, is
considered to be dangerous, too noisy, or liable to cause annoyance to any
other exhibitors or visitors.
17.2 The
Exhibitor may not exhibit any motors, engines, furnaces, contrivances or
power-driven machinery without the proper written permission of the Company who
shall require the exhibits to be adequately protected against fire risk and
shall be subject to inspection by the fire and safety officer. The
Company reserves the right to prevent the Exhibitor to show or use any such
machinery that, in its absolute discretion, the Company considers being of a
nature likely to cause danger, annoyance or inconvenience to any other
exhibitor or visitor.
17.3 The
Exhibitor shall indemnify the Company against any claims, losses, damages and
any actions brought against the Company in respect of any machinery exhibited
by the Exhibitor or visitor.
18 INSURANCE
18.1 The
Exhibitor shall at all times maintain in force, with a reputable insurance
company, public liability insurance to cover the liabilities that may arise
under or in connection with the Contract and shall, on the Company’s request,
produce the insurance certificate giving details of cover.
18.2 Any
contractors or sub-contractors of the Exhibitors must hold, take out and
maintain a minimum of £2,000,000 public liability insurance. A copy of the
current certificate should be held by the Exhibitor and supplied to the
Company. The Company reserves the right to request proof of payment
of insurance.
19 SOLE RIGHTS
19.1 It is
not the Company’s policy to grant sole rights to any one
Exhibitor. However, the Company may in the interests of the
exhibition and at its absolute sole discretion, agree not to allow duplication
of exhibits.
20 PUBLIC PERFORMANCE AND
COPYRIGHT
20.1 The
Exhibitor undertakes to obtain all rights and licences required for the use and
the public performance of copyright material at the exhibition, and, the Exhibitor
will indemnify the Company against all and any losses, liability damages, costs
and expenses suffered or incurred by the Company as a result of any
unauthorised use or public performance of any copyright material.
20.2 Failure
to provide satisfactory evidence to the Company that the Exhibitor is entitled
to broadcast or perform copyright material at the exhibition will entitle the
Company to request the Exhibitor to remove all audio visual and sound equipment
from the exhibition and, in the event that the Exhibitor fails to remove the
equipment, the Company shall be able to remove the equipment at the cost of the
Exhibitor.
20.3 The
Company will not be liable for any losses or damages the Exhibitor may sustain
in respect of any infringement of a copyright or patent arising out of his
participation in the exhibition.
21 OFFICIAL PROGRAMME
21.1 Where an official programme is issued in respect of
the exhibition. The Company does not accept any responsibility for
any omissions, misquotations or other errors, which may occur in the
compilation of the programme.
22 PHOTOGRAPHS AND DRONE
FOOTAGE
22.1 Stands
or articles may be photographed, drawn, copied or reproduced only with the
permission of the Company.
22.2 Drones may not be operated over show sites in their entirety,
without permission and appropriate licence from the Company. Failure to seek permission will indemnify the
Company against any claims.
23 BANKRUPTCY
OR LIQUIDATION
23.1 This
clause applies if:
23.1.1 The Exhibitor makes any voluntary arrangements
with its creditors or becomes subject to an administrative order or (being an
individual or firm) becomes bankrupt or (being a Company) goes into liquidation
(otherwise than for the purposes of amalgamation or reconstruction); or
23.1.2 An encumbrance takes possession, or receivers are
appointed, of any of the property or assets of the Exhibitor; or
23.1.3 The Exhibitor ceases, or threatens to cease
or carry on business; or
23.1.4 The Company reasonably apprehends that any of the
events mentioned above is about to occur in relation to the Exhibitor and
notifies the Exhibitor accordingly.
23.2 Where
this clause 23 applies, the Company shall without prejudice to any
other right or remedy available to it, be entitled to cancel the Contract
without any liability to the Company and all fees paid under the Contract shall
be forfeited by the Exhibitor and the balance of the whole of the Contract fee
shall become immediately payable by the Exhibitor.
24 RIGHTS
OF THE COMPANY AND THE LANDLORDS OF THE EXHIBITION HALLS
24.1 The
Company and the landlords of the exhibition halls and those authorised by them
respectively shall have the right to enter the exhibition premises at any time
to execute works, repairs and alterations to the exhibition hall although, in
doing so, shall make good any damage occasioned to any Exhibitor’s stand and
shall carry out such repairs and alterations in such a manner as to cause as
little inconvenience to an Exhibitor as possible.
25 COMPETITIONS
25.1 No
competitions or lotteries etc may be held without the prior written consent of
the Company.
26 NOTICES
26.1 Any
notices to be given to an Exhibitor shall be deemed to have been properly
served if handed to him personally or if affixed to any part of his stand.
27 GENERAL
27.1 If
any provision of these Conditions is held by any court or competent authority
to be invalid or unenforceable in whole or in part, the validity of the
provision of these Conditions and the remainder of the provision in question
shall not be affected thereby. If a court or any other competent
authority finds that any provision of the Contract (or part of any provision)
is invalid, illegal or unenforceable. That provision or part-provision shall, to
the extent requires, be deemed deleted, and the validity and enforceability of
the other provisions of the Contract shall not be affected. If any
invalid, unenforceable or illegal provision of the Contract would be valid,
enforceable and legal if some part of it were deleted, the provision shall
apply with the minimum modification necessary to make it legal, valid and
enforceable.
27.2 A
waiver of any right under the Contract is only effective if it is in writing
and shall not be deemed to be a waiver of any subsequent breach or
default. No failure or delay by a party in exercising any right or
remedy under the Contract or by law shall constitute a waiver of that or any
other right of remedy, nor preclude or restrict its further exercise. No
single or partial exercise of such right or remedy shall preclude or restrict
the further exercise of that or any other right or remedy. Unless
specifically provided otherwise, rights arising under the Contract are
cumulative and do not exclude rights provided by law.
27.3 Governing
law and jurisdiction: This Contract, and any dispute or claim arising out of or
in connection with it or its subject matter or formation (including
non-contractual disputes or claims), shall be governed by, and construed in
accordance with, English law, and the parties irrevocably submit to the
exclusive jurisdiction of the courts of England and Wales.
27.4 No
partnership: Nothing in the Contract is intended to, or shall be deemed to,
constitute a partnership or joint venture or any kind between any of the
parties, nor constitute any party the agent of another party for any
purpose. No party shall have authority to act as agent for, or to
bind, the other party in any way.
27.5 Third
parties: A person who is not a party to the Contract shall not have any rights
under or in connection with it.
27.6 The
Company may at any time assign, transfer, charge, subcontract or deal in any
other manner with all or any of its rights under the Contract and may
subcontract or delegate in any manner any or all of its obligations under the
Contract to any third party or agent.
Version & Change Log
v1.0 Updated
version for GDPR review published 2018
v2.0 Updated throughout October 2022
v2.1 June 2023 – URL in 1.6 updated
v2.2 January 2024 – Changes to 4.1.1, 6.4 & 9.1 to add the British Potato event.