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EXHIBITION TERMS & CONDITIONS
1. DEFINITIONS
In these Terms & Conditions (the “Terms”) the following expressions shall, unless the context otherwise requires, have the following meanings:
Additional Regulations means the regulations issued by the venue owner in relation to Exhibitions held at the venue.
Agreement means the agreement between the Exhibitor and the Organiser pursuant to which the Exhibitor agrees to purchase a Space Package at the Exhibition which shall incorporate the Signed Quotation for the Space Package, the Terms, the Exhibitor Information Pack and the Additional Regulations.
Allotted Space means the space at the Exhibition to be occupied by the Exhibitor as detailed in the Signed Quotation for Space Package.
Authorities means the local authority (including without limitation, its Trading Standards Department), the Fire Authority, the environmental health officer and the health and safety authorities and any other authority claiming jurisdiction over the Exhibition and/or the Venue.
Charges means the aggregate fees charged by the Organiser to the Exhibitor pursuant to the Agreement.
Break Down Period means the period stipulated to the Exhibitor by the Organiser for the removal of all Exhibits and Stands from the Venue.
Exhibit means any article so described by the Exhibitor and permitted by the Organiser to be exhibited at the Exhibition.
Exhibition means the Exhibition set out in the Signed Quotation for Space Package including any sectional or external Exhibition associated with it.
Exhibitor means any person to whom the Space Package at the Exhibition shall have been allocated pursuant to the Agreement and shall include all staff, employees, servants and agents of such person.
Exhibitor Information Pack means the manual of information provided by the Organiser in relation to the Exhibition.
Build Up Period means the period stipulated to the Exhibitor by the Organiser for the installation of all Exhibits and Stands at the Venue.
Organiser means Selfbuild Ireland Ltd (as detailed in the Agreement ) and /or others appointed by them to organise the Exhibition, together with their employees, agents and/or contractors.
Signed Quotation means document signed, e-signed or confirmed by email for Space Package requested by the Exhibitor or any other booking form provided by the Organiser, for a Space Package at the exhibition in accordance with Clause 3 below.Space Package means the area of space at the Venue allotted to the Exhibitor by the Organiser, and the relevant services provided by the Organiser which may include, but are not limited to, space only, shell scheme, lights, electricity supply, sponsorship benefits, internet listings, access to PR and marketing teams, onsite first aid, invitations to events and functions, a level of cleaning, and inclusion in associated print material. Further information can be obtained from the event team and the Exhibitor Information Pack
Stand means all structures erected on the Allotted Space.
Venue means the Exhibition halls in which the Exhibition shall take place.
Venue Owner means the proprietor of the Venue, together with its employees, agents, servants and contractors.
2. DURATION OF THE EXHIBITION AND TIMETABLE
2.1. Additional details of the following:
(a) the Exhibition;
(b) the open hours of the Exhibition;
(c) the Build Up Period; and
(d) the Break Down Period,
will be stipulated by the Organiser in the Exhibitor Information Pack or any appropriate alternative document(s).
3. APPLICATION FOR SPACE PACKAGE
3.1. Applications for a Space Package must be made to the Organiser’s office by email or telephone and confirmed via Signed Quotationo. The Organiser may, at its sole discretion, accept applications by other means. These Terms shall apply to all Applications for a Space Package.
3.2. The Organiser reserves the right to accept or reject any Application for Space Package from any potential Exhibitor, whether or not the application has been made on the Organiser’s standard form and whether or not all or part of the payment for Space Package has been made.
3.3. A binding agreement shall come into force only once both parties have provided written acceptance of this Agreement.
3.4. The Organiser is not bound to accept an Application for Space Package from a potential Exhibitor for the Exhibition even if it has accepted an Application for Space Package from that Exhibitor for another Exhibition. There is no automatic right for an Exhibitor to participate in any subsequent Exhibition.
3.5. A signatory on an Application/Order Confirmation for a Space Package shall be deemed to have full authority to sign the Application for Space Package on behalf of the Exhibitor and the Exhibitor has no right to claim against the Organiser that such a person(s) did not have such authority.
4. OCCUPATION OF STAND
4.1. Subject to the rights of the Organiser in the Agreement, the Organiser hereby grants to the Exhibitor a license to occupy the Allotted Space for the purpose of displaying Exhibits within the scope of, and for the duration of, the Exhibition. The Exhibitor will not obtain any rights of exclusive possession or occupation of, or any proprietary interest in the Stand.
4.2. The Exhibitor shall install its Exhibits and Stands during the Build Up Period and remove its Exhibits and Stands during the Break Down Period.
4.3. The Organiser and the Venue Owner shall be permitted to have access to the Stand and Allotted Space at all times.
5. PAYMENT
5.1. The Exhibitor shall pay the Charges to the Organiser in accordance with the payment terms set out in the Signed Quotation and as agreed with the Organiser. Payments of the Charges shall be made in accordance with:
(a) Standard Payment Terms: 30% deposit payment will be due upon booking with the final 70% due two months before the Event date. If Signed Quotation is submitted less than 60 (sixty) days prior to the first date of the Exhibition, the full balance of the Charges will be due and payable immediately upon the Organiser’s acceptance.
5.2. The Organiser reserves the right to refuse to let the Exhibitor occupy the Allotted Space and enjoy the benefits of the Space Package if the Organiser has not received cleared funds of all payments due from the Exhibitor before the due dates. Unless otherwise stated, all sums stated are exclusive of VAT which if applicable, the Exhibitor shall pay to the Organiser in addition.
5.3. The Exhibitor shall pay all other sums due to the Organiser within 30 days of the date of the Organiser’s invoice for each sum. Exhibitors applying for Allotted Space within 60 days of the Exhibition opening date shall be required to pay the Charges in full to the Organiser on receipt of the Organiser’s invoice.
5.4. In consideration of the Exhibitor entering into the Agreement with the Organiser in accordance with the provisions of Clause 3, the Exhibitor agrees to hold all (or its agents) Exhibits, fittings, machinery, tools or other goods to the order of the Organiser pending receipt by the Organiser of all sums due and owing to the Organiser by the Exhibitor.
5.5. All Exhibitors shall make payments by credit/debit card or bank transfer in the currency of the invoice.
6. GENERAL OBLIGATIONS OF THE EXHIBITOR
6.1. The Exhibitor shall:
(a) occupy the Allotted Space, complete any necessary Stand fitting works, ensure the Stand is appropriately dressed and maintained, and that all Exhibits are in position no later than the end of the Build Up Period;
(b) keep the Allotted Space appropriately dressed and maintained and all Exhibits open to view and the Allotted Space adequately staffed continuously during the open hours of the Exhibition and not dismantle the stand before the start of the Break Down Period;
(c) remove all Exhibits, fittings, rubbish and other items from the Venue by no later than the end of the Break Down Period;
(d) not (unless otherwise agreed with the Organiser or detailed in the Signed Quotation) sell, give away, distribute or permit to be sold, given away or otherwise distributed from the Allotted Space or any other part of the Venue, any articles of food, drink, or tobacco other than those supplied by the appointed venue catering contractor;
(e) not do, cause, permit or suffer to be done anything which shall in the opinion of the Organiser, constitute a nuisance or which may be an infringement or contravene any license held by the Organiser, or the Venue Owner, or it’s appointed catering contractor and without limitation, the Exhibitor shall ensure that sound levels emitted from the Allotted Space shall not exceed those levels which, in the opinion of the Organiser, would cause disturbance to other Exhibitors or which would breach any laws, bye- laws, or any other rule or regulation;
(f) not do, cause, permit or suffer to be done, anything which may cause occasional damage, disfigurement or injury of any kind to the Venue or to any person or property of the Organiser, Venue Owner, or any other Exhibitor or any visitor;
(g) not do or omit to do any act which would diminish the reputation or good name of the Organiser or otherwise bring the Organiser into disrepute;
(h) comply at all time with all applicable rules and regulations set out in the Exhibitor Information Pack; and
(i) conduct business and distribute literature only from the Allotted Space and no other part of the Venue and not take away any visitors from the Venue to other business premises.
6.2. The parties agree that:
6.2.1. Only items which are, in the Organiser’s opinion, within the scope of the Exhibition may be exhibited at the Exhibition or otherwise be displayed or made available from the Allotted Space. Goods, advertisements or photographs of people who are not part of the exhibition may not be displayed; and
6.2.2. Where an Exhibitor is permitted (either by express written permission from the Organiser or as detailed in the Signed Quotation) to sell, give away, distribute (or permit to be sold, given away or distributed) at the Allotted Space or any other part of the Venue, any food items, such Exhibitor shall ensure that it has the relevant hygiene certification from the relevant authorities.
6.3. INSURANCE:
6.3.1 It is a condition of this Agreement that the Exhibitor will arrange and maintain for the duration of the Exhibition adequate insurance to protect themselves and others attending the Exhibition. By signing this Agreement the Exhibitor confirms that such cover is in place and agrees to indemnify the Organiser wholly for any claims of public liability or similar that are made in regard to the Exhibitor’s participation and responsibilities at the Exhibition.
6.3.2. Such insurance shall: 1) be in the Exhibitor’s contracted name as detailed in the Signed Quotation (or that of an identifiable legally associated company); 2) cover all dates the Exhibitor and/or its representatives/products/property will be in attendance at the Exhibition; and 3) relate specifically to the Venue (rather than, for example, the Exhibitor’s own trading/manufacturing premises only). The minimum limit of Public Liability cover required under this Agreement is £2,000,000 (two million pounds sterling) as detailed below:
Cover Headings Standard Limit Brief Summary of the Cover
Exhibitor Liability/Public Liability GBP 2,000,000 any one occurrence Legal liability to pay compensation, legal costs and expenses as a result of accidental death or injury to a third party and/ or damage to their property at the Venue.
6.3.3. The Organiser requires the Exhibitor to have adequate Public Liability insurance cover (as detailed above) when they exhibit at an Exhibition. The Organiser shall accept no responsibility (as far as permitted by applicable law) for any claims relating to any Exhibitor expenses and/or any Exhibitor property including but not be limited to:
(a) loss of irrecoverable expenses sustained as a result of cancellation, abandonment, curtailment, postponement or removal to alternative premises; inability to open or keep open a stand/space due to damage to any Exhibitor property at the Venue, in transit to the Venue or damage to the Venue itself; late or non-arrival of Exhibits or of an Exhibitor’s staff/representatives; failure to vacate the Venue within the contracted time; additional costs and expenses incurred in avoiding or diminishing a loss; for reasons beyond an Exhibitor’s control; and/or
(b) physical loss of or damage to property for which an Exhibitor is responsible, including exhibits, stands, displays, equipment, furnishings, stationery, promotional literature, being brought to the venue for the purposes of the Exhibition.
6.3.4. The Exhibitor shall produce to the Organiser on demand evidence of the above detailed insurance policy and shall have available a physical copy of the relevant insurance policy for review by the Organiser on the day of the Exhibition.
6.3.5. Where the Exhibitor engages a sub-contractor, the Exhibitor shall either ensure that the insurance requirements set out in this Clause 6.3 extend to cover the legal liabilities of the sub-contractor or that the sub-contractor holds its own insurance which complies with this Clause 6.3.
6.3.6. The minimum insurance levels set out in this Agreement are not a limit of liability. The Exhibitor agrees to indemnify the Organiser in respect of any loss incurred by the Organiser in relation to any of the matters detailed at Clause 6.3.3 above.
7. POWERS AND DISCRETION OF THE ORGANISER
7.1. The Organiser shall be entitled to:
(a) allocate to the Exhibitor a space other than the Allotted Space for which the Exhibitor has completed the Signed Quotation ;
(b) change the Allotted Space allocated to the Exhibitor at any time and if such changed area of such Allotted Space is smaller than the area specified in the Signed Quotation, the Organiser shall make a refund to the Exhibitor pro-rated to the amount of the area reduced;
(c) alter the position or layout of the Exhibition and any stands including the Stand and Allotted Space of the Exhibitor;
(d) refuse to admit any person, or remove from the Exhibition, any person whose presence, in the opinion of the Organiser, is likely to be undesirable and the Organiser may exercise such rights notwithstanding that any person is an employee, contractor, sub-contractor, or agent of the Exhibitor, or in any way, is connected or associated with the Exhibitor.
(e) remove from the Allotted Space, or the Venue, at the risk and expense of the Exhibitor any Exhibit, fitting or machinery or other items to which the Organiser has an objection or which the Exhibitor fails to remove in accordance with or which do not comply with these Terms;
(f) alter the dates, opening hours and /or duration of the dates and duration of Break Down Period and the total duration of the Exhibition;
(g) alter the exhibition venue;
(h) alter the name or branding of the Exhibition, and
(i) change or vary these Terms at any time, or permit exceptions in special circumstances.
8. REDUCTION OF SPACE
Where an Exhibitor requests a reduction in the size of the Allotted Space included in the Space Package, booked after acceptance by the Organiser of Exhibitor’s Signed Quotation, then the Exhibitor must forward such request to the Organiser by recorded delivery post, or Electronic Mail. The Organiser reserves the right to apply the scale of cancellation charges set out in Clause 15.1 below to the total cost according to the amount by which the original Allotted Space is reduced. The Organiser may re-sell or re-allocate the Allotted Space unused, but the Organiser shall be under no obligation to reimburse all or any part of the charge for the reduction in Allotted Space. There shall be no obligation on the Organiser to accept the request for reduction of the Allotted Space by the Exhibitor.
9. ORGANISER’S PUBLICATIONS OR OTHER MEDIA
9.1. The Organiser shall be free to include in any form of media created by the Organiser, or on its behalf, in connection with the Exhibition, the Exhibitor’s name, logo, or any other material or information supplied to the Organiser by the Exhibitor.
9.2. The Exhibitor shall ensure the accuracy of all material provided to the Organiser or directly used by the Exhibitor. The Exhibitor shall ensure that all material and information is neither offensive, abusive, defamatory, indecent, obscene nor menacing in any way.
9.3. The Exhibitor warrants that he has the right to grant, and hereby grants to the Organiser (and it’s sub- contractors), a non-exclusive, royalty free, world-wide license to use the Exhibitor’s name and logo and any other material or information provided by the Exhibitor to use in accordance with this Agreement.
9.4. The Exhibitor warrants that any material or information provided by the Exhibitor does not and will not infringe the Intellectual Property Rights of any third party. The Organiser reserves the right to refuse to incorporate any name, logo, or any other material if the Organiser becomes aware that such material is in breach of this.
9.5. The Organiser shall not in any event be responsible to the Exhibitor for any omissions, misquotations and errors which may occur in the completion of any form of media in connection with the event.
9.6. The Exhibitor acknowledges that the Organiser may continue to use the name, logo and any other material or information provided by the Exhibitor after an event in connection with any media produced in connection with the event.
10. EXHIBITORS LIABILITY FOR LOSS, DAMAGE & INDEMNITY
10.1. The Exhibitor shall be solely responsible for all Exhibits, fittings and all other items brought into the Exhibition by the Exhibitor or agents, contractors and employees of the Exhibitor. All items brought in shall be at the sole risk of the Exhibitor. The Organiser shall not be responsible for any loss or damage to such Exhibits, fitting or items other than where loss or damage is the result of the negligence of its employees.
10.2. The Exhibitor shall indemnify and keep indemnified the Organiser against all loss, damages, costs, charges, and expenses (including contingent or consequential loss of profit) whatsoever arising from or in consequence of:
(a) any breach by the Exhibitor of any of the items of the terms and conditions of the Agreement; or
(b) any loss suffered by the Organiser as a result of default or negligence of the Exhibitor or any of its employees, agents, sub-contractors, or invitees; or
(c) any liability to, or claim, by any third party including the employees, contractors and agents of the Exhibitor, arising from the default or negligence of the Exhibitor or any breach by the Exhibitor of the terms and conditions of the Agreement including, but not limited to, intellectual property rights claims made by a third party.
10.3. The Exhibitor is responsible for and will indemnify, and keep indemnified, the Organiser against all damage, loss or injury arising from the erection, use and Break Down of the Stand and anything done on the Allotted Space caused directly or indirectly by the Exhibitor or any employee, contractor, sub-contractor, agent or invitee of the Exhibitor or visitor to the Stand or by any exhibit, machinery or other item belonging to, or introduced by, any such person.
10.4. The Exhibitor shall pay any additional amounts which may be charged by the Organiser to the Exhibitor in accordance with the Exhibitor Information Pack or for goods or services provided at the Exhibitor’s request to the Exhibitor by or on behalf of the Organiser.
10.5. In certain circumstances the Exhibitor may wish to organise activities or events on its Stand which are or may in the opinion of the Organiser involve some risk to participants or the public or other people at the Exhibition or their property. For those activities to proceed, the Exhibitor must seek the Organiser’s approval who may require the Exhibitor:
(a) to enter into a separate indemnity by way of deed in favour of the Organiser and/or such other person as the Organiser may specify in respect of any liability arising from such activity or event;
(b) to obtain from participants a form of waiver and/or indemnity in terms approved by the Organiser; and/or
(c) to complete any additional risk assessment process or documents which the Organiser may stipulate or require from time to time.
10.6. The form of such indemnities and/or waivers will be contained in the Exhibitor Information Pack.
11. LIMITATION OF THE ORGANISER’S LIABILITY
11.1. The Organiser does not make any warranty as to the Exhibition in general, and in particular in relation to the presence or absence or location of any other Exhibitor or potential Exhibitor.
Whilst the Organiser shall act in good faith, the name of any Exhibitor which may appear on the floorplan, or stand number or any other statement made on, or behalf of, the Organiser that any Exhibitor is contracted to attend the Exhibition provisionally or otherwise shall not constitute a warranty, representation or undertaking by the Organiser that such Exhibitor shall attend the Exhibition. The Organiser shall not be liable for the absence of other Exhibitors from attending the Exhibition.
11.2. The Organiser shall not be responsible for death or personal injury to the Exhibitor or employees, agents, contractors or any other invitees of the Exhibitor save as a result of the Organiser’s negligence.
11.3. Nothing in this Agreement shall exclude or limit liability for death or injury resulting from the negligence of the Exhibitor, the Organiser, the Venue Owner or their servants, agents, or employees.
11.4. Without prejudice to Clause 11.3 above, the total liability of the Organiser for a claim made by the Exhibitor in respect of loss or damage suffered by the Exhibitor however that liability arises including, without limitation, breach of contract, tort (including negligence), misrepresentation or breach of statutory duty shall not exceed the amount of all sums paid by the Exhibitor to the Organiser under the Agreement in relation to the Space Package purchased by the Exhibitor.
11.5. The Organiser shall not in any event be liable for any:
(a) indirect or consequential losses, damages, costs or expenses;
(b) loss of profit;
(c) loss of revenue; or
(d) loss of goodwill.
11.6. The Organiser shall not be liable for any claim made by the Exhibitor more than 1 year after the event, or in the case of a series of events, the first of such events which gives rise to such a claim.
11.7. The Organiser will not be liable for the supply to the Exhibitor of any goods or services whether by the owner of the Venue or by any suppliers designated as official suppliers in the Exhibitor Information Pack or by anyone else.
11.8. Except as set out in this Agreement, the Organiser excludes all conditions, terms, representations (other than fraudulent or negligent), and warranties relating to services provided in respect of the Exhibition, whether imposed by statute or by operation of law or otherwise, that are not expressly stated in these Terms, including without limitation, the implied warranties of satisfactory quality and fitness for a particular purpose.
11.9. Each provision of this Clause excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or these of these provisions is held unenforceable or inapplicable in any circumstances and shall remain in force notwithstanding the expiry or termination of this Agreement.
12. EXHIBITOR INFORMATION PACK
12.1. The Organiser shall provide to the Exhibitor and all other Exhibitors an Exhibitor Information Pack before the opening day of the Exhibition which shall contain specific regulations with regard to the manner and conduct of the Exhibition. The Exhibitor (and any contractors retained by it) agrees to abide by any relevant provisions contained within the Exhibitor Information Pack. Failure to do so will be a breach of this Agreement.
12.2. The detail of the Exhibitor Information Pack may vary from exhibition to exhibition. An example of regulations drawn up for a previous exhibition is available on request from the Organiser.
12.3. The Authorities and the owner of the Venue may also impose certain requirements or regulations with regard to the Exhibition. These requirements may relate, for example, to health and safety, trading standards, procedures relating to emergencies, access to the Venue and parking. The Exhibitor agrees that it and any contractors retained by it will comply with any such regulations or requirements. If the Organiser has reason to believe that the Exhibitor is in material breach (which shall include the Authorities informing the Organiser that the Exhibitor is in material breach) of any such regulations and/or requirements the Exhibitor shall be in material breach of this Agreement.
13. DATA PROTECTION
13.1. Each party shall comply with all its respective obligations under the EU General Data Protection Regulation 2016/679 and any other applicable or equivalent data protection or privacy legislation, regulations or guidance from time to time relating to the processing of personal data (the “Data Protection Legislation”).
13.2. To the extent that either party processes personal data on behalf of the other party, such party warrants that it will do so in compliance with the Data Protection Legislation and in accordance with the data controller’s instructions, and agrees to take all appropriate technical and organisational measures necessary to preserve the security of such personal data, as necessary to fulfil its obligations under this Agreement.
13.3. Personal data relating to the Exhibitor’s staff/contractors will be used by the Organiser in accordance with its Privacy Policy (which can be accessed at https://selfbuild.ie/privacy-policy/
This data may be shared with a selection of partners and vendors such as (but not limited to) venue, lighting, electrics, and signage providers for the purpose of facilitating the exhibitor’s stand set-up, associated exhibitor services and contractual requirements for the particular event which is the subject of this Agreement.
14. ADDITIONAL REGULATIONS AND FIRE PRECAUTIONS
14.1. No naked flames or smouldering products are allowed within the Exhibition without prior agreement of the Organiser.
14.2. The Exhibitor must comply with all statutory, local and other regulations and requirements which affect or apply to the Exhibition or Venue and in particular any fire regulations. All materials used on the stand must be non- flammable.
14.3. The Exhibitor must comply and observe all other instructions and regulations laid down by the Organiser, Venue Owner and the Authorities from time to time.
15. CANCELLATION BY THE EXHIBITOR
15.1. In the event that the Exhibitor:
(a) requests to withdraw its Signed Quotation after acceptance by the Organiser; or
(b) fails to meet any of the payment obligations (whether as to the amounts due or the dates of payment) detailed in the Agreement; or
(c) fails to occupy the Allotted Space by the opening time on the first day of the Exhibition,
the Organiser reserves the right (but without being obliged to do so) to treat the Agreement as being cancelled and may apply the following cancellation charges and reallocate the Space Package to another exhibitor:
CANCELLATION CHARGES
1. More than 12 months prior to the first day of the Exhibition: Exhibitor will be liable to pay 10% of the Charges.
2. More than 5 months but less than 12 months prior to the first day of the Exhibition: Exhibitor will be liable to pay 50% of the Charges.
3. Less than 5 months prior to the first day of the Exhibition: Exhibitor will be liable to pay 100% of the Charges.
15.2. If the Exhibitor wishes to withdraw its Signed Quotation, then written notice must be forwarded to, and received by, the Organiser in accordance with Clause 19. Notice of cancellation should be sent to the Sales Director for the Exhibition.
15.3. Notwithstanding that the Organiser may re-sell or re-allocate the cancelled Space Package after cancellation by the Exhibitor, the Organiser shall be under no obligation to reimburse all or any part of a cancellation charge.
15.4. The Exhibitor shall fully indemnify the organiser against all expenses, costs, claims, losses and liabilities in connection with its Signed Quotation including without limitation any charges for damages which the Organiser may suffer or incur as a result (direct or indirect) of such cancellation.
15.5. If the Signed Quotation benefits from any discount offered by the Organiser, then the Cancellation Charges in 15.1 shall be calculated using the value of the Charges before discount. The Organiser may, at its sole discretion, remove discounts given to the Exhibitor for any connected bookings, as noted on the Signed Quotation,
16. CANCELLATION or CURTAILMENT BY THE ORGANISER/ FORCE MAJEURE
16.1. Should the Venue become unfit or unavailable for occupancy, or it becomes impossible or impractical to hold the Exhibition for reasons beyond the control of the Organiser including without limitation, fire, adverse weather (such as storm, snow etc), government intervention, public health situation, malicious damage, acts of war, acts of terrorism, acts of God, strikes, riots or any other cause, the Organiser reserves the right (but shall not be obliged):
(a) to change the location and / or date of the Exhibition;
(b) to curtail the Exhibition;
(c) to reduce the Build Up Period, Break Down Period, or the opening hours of the Exhibition; or
(d) to cancel the Exhibition.
16.2. In the event that the Exhibition is cancelled by the Organiser a refund to the Exhibitor of 90% of the Charges previously received from the Exhibitor relating to the relevant Space Package (provided that such amounts were paid prior to the cancellation date). In the event of curtailment, the refund amount will be in direct proportion to the Event open time lost due to the curtailment less 5% of the Charges previously received.
16.3. The parties agree and acknowledge that in the circumstances described in Clause 16.1, the Organiser shall not have any liability to the Exhibitor for additional expenses or charges or to make payment for any other loss or damage suffered by the Exhibitor.
16.4. In the event that the Exhibition is cancelled by the Organiser for any other commercial reason including without limitation, the lack of support for the Exhibition, the Organiser will refund to the Exhibitor all charges paid by the Exhibitor to the Organiser and the Exhibitor accepts and acknowledges that he will have no further claim whatsoever against the Organiser in respect of such cancellation.
16.5. Except as expressly provided in this Clause 16, the Organiser shall have no liability in contract or in tort or otherwise to the Exhibitor arising out of or in respect of any cancellation or postponement of the Exhibition or of it being moved to a new Venue howsoever arising.
17. TERMINATION & WITHDRAWAL
17.1. Without prejudice to any other rights it may have, the Organiser may terminate the Agreement by notice in writing:
(a) if the whole, or any part, of the amounts due from the Exhibitor to the Organiser are not paid within fourteen (14) days of the due date (whether formally demanded or not);
(b) if the Exhibitor fails to observe and fulfil any of the terms of the Agreement;
(c) if the Exhibitor shall be the subject of any administration or insolvency procedure, or is wound up or dissolved, or enters into any compromise or arrangement with his creditors; and/or
(d) if the Organiser becomes aware that the Exhibitor or any employee, partner or representative of the Exhibitor has engaged or is engaging in any activity which, in the reasonable opinion of the Organiser shall or is likely to bring the Organiser into disrepute.
17.2. Upon termination the Exhibitor shall remain liable to pay the Organiser the amount due from it under the Agreement prior to such termination.
17.3. Upon termination, the Organiser may at the Exhibitor’s cost return the Exhibits and/or the Exhibitor’s property to the Exhibitor at the address specified in the Signed Quotation or may destroy or otherwise dispose of the Exhibits or such property as the Organiser thinks fit.
18. ASSIGNMENT & SUB-CONTRACTING
18.1. The Exhibitor shall not assign, sub-let, transfer or charge or purport to assign, sub-let, transfer or charge in whole or in part this Agreement or any of its rights, liabilities or obligations under this Agreement without prior written consent of the Organiser.
18.2. With the prior written approval of the Organiser, the Exhibitor may share occupation of the Stand with other companies which are in the same group as the Exhibitor or which are associated in business with the Exhibitor.
18.3. The Organiser reserves the right to assign its rights, liabilities or obligations under this Agreement either in whole or in part to any other person, firm or company. The Organiser shall give notice to the Exhibitor of any such assignment. This Agreement shall be binding upon and shall benefit the successors and assigns of the Organiser and where the Organiser’s written consent is given, the successors and assignees of the Exhibitor.
19. NOTICES
19.1. Any notice or other communication given to a party under or in connection with this agreement shall be in writing and shall be:
(a) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
(b) sent by email to the address specified in the Signed Quotation .
19.2. Any notice or communication shall be deemed to have been received:
(a) if delivered by hand, at the time the notice is left at the proper address;
(b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or
(c) if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 19, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the UK or Ireland.
19.3. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
20. WHOLE AGREEMENT
20.1. This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, policies, assurances, warranties, representation and understandings between them, whether written or oral.
20.2. No alteration, addition, amendment or waiver to the Agreement shall be binding on the Organiser or the Exhibitor unless it is in writing and signed by a person duly authorised to do so by the Organiser and the Exhibitor.
21. RELATIONSHIP OF THE PARTIES
Nothing in this Agreement shall create, or be deemed to create, a partnership or joint venture or relationship of employer and employee or principal and agent between the parties.
22. SEVERANCE
If at any time one or more provisions contained in this Agreement is, or becomes, invalid, illegal or unenforceable in any respect, this shall not affect the validity, legality or enforceability of the remaining provisions which shall remain in full force and effect
Magazine Terms & Conditions
1. GENERAL The following terms and conditions shall be deemed part of any contract made between advertisers (hereafter called “the advertiser”) and the Publisher, SelfBuild Ireland Ltd (hereafter called “the Publisher”) for all printed magazine sales with Selfbuild Ireland Ltd including magazines, show guides, flyers or any other printed material.
1. Advertising copy It is the sole responsibility of the advertiser to provide copy in a format which is acceptable to the publisher, and which will reproduce correctly. Where reproduction of colour or detail is of particular importance, the advertiser must provide a match print along with the copy. In the absence of a match print, the publisher cannot accept responsibility for the accuracy of the colour or detail of the advertisement. All copy must be received by the publisher before the copy deadline. The publisher shall not be held responsible for the accuracy or completeness of advertisements where the copy has been received after the copy deadline. The advertiser shall be fully liable for payment of the account if they do not supply approved copy by the required date.
2. Ready to print copy Where the advertiser or his agent supplies copy which is complete and/or camera ready, this may be sent to the publisher by post or email. It is the advertiser’s sole responsibility to ensure that such copy is sent or transmitted in such a way so that it arrives safely and correctly with the publisher. The publisher will reproduce ready to print copy as
received, and will not normally issue a printed proof for checking purposes. If a printed proof is required then this must be requested in writing.
3. Copy for making up Where advertisers require the publisher to make up or amend advertisements, all copy for same must be received before the copy deadline. The completed advertisement will be sent to the advertiser for approval. If required, there will be three proofs in total. Further changes may incur a charge. The advertiser must reply to proofed items within three days. In the absence of approval, the publisher reserves the right to print the advertisement as sent and shall not be held responsible for any inaccuracies or errors. Proof checking is for layout, detail and accuracy, not for colour.
The following charges will apply for sending made up copy to another publisher, as follows: Quarter page £30/€40, Half page £40/€50, Full page £50/€65.
4. Return of copy Advertisers who wish to have copy sent to the publishers returned to them, must state this clearly on the Order Confirmation, also showing clearly the name and address to where it is to be returned.
5. Payment and Cancellation Policy Payment for the advertisement shall be made in full, within one month of the date of publication. The advertiser may cancel the advertisement, which must be made in writing, up to 28 calendar days of the ad copy deadline. Cancellation after this date will incur an administrative charge of 25% of the value of the booking if made no later than 14 days before the ad copy deadline. Thereafter the full cost of the advertisement shall be due and payable.
Interest will be charged on all overdue amounts at the contractual rate of 3% per month or part (in days) thereof. It shall be calculated on the total amount including VAT.
4. The publisher The publisher reserves the right to: (1) select the position of the advertisement at their sole discretion; (2) to refuse, withdraw or withhold any advertisement at any time, and at their sole discretion, on the grounds that the advertisement may be unlawful, defamatory, in poor taste, unacceptable to other persons or for any other reason; (3) to set or delay the date of publication; such delay shall not constitute a breach of this contract.
5. The advertiser The advertiser shall fully indemnify the publisher against all claims, losses, liabilities or costs arising from any inaccuracies, wrong, misleading, negligent or defamatory
statements, or any breach of a third party’s rights, howsoever contained in any advertisement. The advertiser shall be responsible for the accuracy and content of his advertisements and shall have no claim against the publisher for any loss, damage or liability arising from inaccuracies.
Digital Sales Terms & Conditions
These terms cover all digital sales with Selfbuild Ireland Ltd (the Publisher), including website, email, social media and all other digital formats.
1. Advertising copy It is the sole responsibility of the advertiser to provide copy in a timely fashion and well in advance of the time it is due to go live. The Publisher shall not be held responsible for the accuracy or completeness of advertisements where the copy has been received after the copy deadline. The advertiser shall be fully liable for payment of the account if they do not supply approved copy by the required date.
2. Copy for making up Where advertisers require the publisher to make up or amend advertisements, all copy for same must be received before the copy deadline. The completed advertisement will be sent to the advertiser for approval. If required, there will be three proofs in total. Further changes may incur a charge. The advertiser must reply to proofed items within three days. In the absence of approval, the publisher reserves the right to publish the advertisement as sent and shall not be held responsible for any inaccuracies or errors.
3. Payment Payment for the advertisement shall be made in full, prior to publication.
4. Publisher Rights The publisher reserves the right to: (1) select the position of the advertisement at their sole discretion; (2) to refuse, withdraw or withhold any advertisement at any time, and at their sole discretion, on the grounds that the advertisement may be unlawful, defamatory, in poor taste, unacceptable to other persons or for any other reason; (3) to set or delay the date of publication; such delay shall not constitute a breach of this contract.
5. The advertiser The advertiser shall fully indemnify the publisher against all claims, losses, liabilities or costs arising from any inaccuracies, wrong, misleading, negligent or defamatory statements, or any breach of a third party’s rights, howsoever contained in any advertisement. The advertiser shall be responsible for the accuracy and content of his advertisements and shall have no claim against the publisher for any loss, damage or liability arising from inaccuracies.
6. Cancellation The advertiser may request cancellation up to 28 days before the publication date. It will be in the publishers sole discretion to grant any refund (part or whole).
