Exhibitor Ts & Cs – Cooking on Coals Events

TERMS AND CONDITIONS OF RENTAL AGREEMENT

WARRANTIES

The signatory, on behalf of the Exhibitor, warrants that:

all information given to the Organiser relating to the identity of the Exhibitor is correct;
that he / she is authorised to enter into the agreement on behalf of the Exhibitor;
that he /she considers the Exhibitor to be bound by the Terms and Conditions of this Agreement.
acknowledges that the agreement between it and Cooking on Coals Events Pty Ltd. (“the Organiser”) is entered into on the terms contained herein.

GENERAL

No variation of any term contained herein will be of any force or effect unless reduced to writing and signed by a duly authorised representative of the Organiser.
For the purpose of delivery of all notices and/or processes arising from or in connection with this agreement, the Exhibitor chooses as its domicilium citandi et executandi the address stated on the main contract
The Exhibitor shall not cede, assign, transfer, make over, sub-let, alienate or in any way burden any of its rights in terms of this agreement.
The exhibitor shall only be entitled to distribute promotional material including literature, printed matter and samples from its stand and shall not be entitled to distribute same anywhere else at the exhibition without the Organiser’s prior written consent;
The Exhibitor shall not use any form of visual or vocal apparatus on the stand which shall cause an annoyance or nuisance to other exhibitors, the Organiser or the landlord, or demonstrate any product which produces excessive noise without the Organiser’s prior written consent;
The Exhibitor may not use the exhibition as a platform to promote or generate awareness of any other event, market or exhibition without the explicit written consent of the Organiser.
The Exhibitor acknowledges that it has satisfied itself that the stand is suitable for the purposes intended.
The Exhibitor hereby undertakes to have his / her exhibition stand and /or display area/s completely set-up and ready by the end of the build-up period as stipulated by the Organiser. The Organiser reserves the right to close off the Exhibitor’s stand should the exhibit not be completed 2 hours after the end of build-up deadline; alternatively the Organiser may fine the Exhibitor 10% of this agreement value for every hour or part thereof that the Exhibitor’s stand is not in operation and/or open to the visitors for exhibition. The Exhibitor shall pay such fine on demand.
The Exhibitor shall maintain its exhibition booth or exhibit area open and adequately staffed at all times during the official open hours of the exhibition as specified by the Organiser.
The Exhibitor shall not breakdown, dismantle or remove any part of its exhibits or displays before the official close of the exhibition, as specified by the Organiser; in the event that the Exhibitor breaks down and/or removes the stand prior to the time given by the Organiser for the breakdown and/or removal thereof, the Organiser may fine the Exhibitor 10% of this agreement value for every hour or part thereof that the Exhibitor’s stand is not in operation and/or open to the visitors for exhibition. The Exhibitor shall pay such fine on demand.
Only products which have been approved by the Organiser may be showcased, exhibited, promoted and sold by the Exhibitor.
The signatory, on behalf of the Exhibitor, warrants that the Exhibitor is an importer, manufacturer, distributor and / or wholesaler of all products and / or services being exhibited. These have been approved by the Organiser and are listed on the main contract.
The Organiser and its official service providers/contractors shall at all times be entitled to free and undisturbed access to the stand during the preparation and use thereof by the Exhibitor;
In the event of any dispute or claim arising out of this agreement, the Exhibitor hereto agrees to submit to the jurisdiction of the Magistrates Court in respect of any action or proceedings which may be brought against it by the Organiser, and further consents that the Organiser shall be entitled to bring proceedings in the Witwatersrand Local Division of the High Court of South Africa, irrespective of whether the location of the Exhibitor’s business falls outside the jurisdiction of the Magistrates Court and irrespective of whether the cause of action involved exceeds the said Court’s jurisdiction.
Whilst the Organiser shall do everything within its power to ensure that the location of the stand within the exhibition is as specified in this agreement the Organiser reserves the right to reallocate stand positions in its discretion and to notify the Exhibitor of any such reallocation.
The venue for the exhibition in terms of this contract is variable in the discretion of the Organiser; the Organiser reserves the right in its sole and absolute discretion should the venue become unusable for whatsoever reason to relocate to a new venue regard being had to the successful organisation of the exhibition as a whole
The dates for the exhibition in terms of this contract are variable in the discretion of the Organiser; the Organiser reserves the right in its sole and absolute discretion, should the dates become unsuitable for whatsoever reason, to reschedule the dates to a time more advantageous to the success of the exhibition as a whole and the Exhibitor agrees to be bound by such dates.

STAND PREPARATION

The exhibition space is sold as space only .
The nature of any other services that may be provided to the stand or the exhibition site shall be at the sole and absolute discretion of the Organiser.
The Exhibitor shall submit its stand design or plan to the Organiser for approval thereof;
The Exhibitor undertakes that its stand will be constructed, installed and erected in accordance with the rules, regulations and standards of the Occupational Health and Safety Act;
The Organiser shall be entitled to issue written directives from time to time regarding methods and materials of construction, stands, layout, design and quality of installation and the Exhibitor shall timeously comply with such directives. The Exhibitor shall be bound thereby;
At any point during or after completion of the installation the Organiser shall be entitled to require the Exhibitor to make such additions or changes to the installation that it may deem necessary.
The Exhibitor is responsible at its own cost to ensure the break down and/or removal of the stand, as erected by the Exhibitor or its appointed contractor, during the breakdown period of the exhibition, as specified by the Organiser.

PAYMENT TERMS

The Exhibition Costs as stipulated in the Rental Agreement shall be payable strictly on the dates agreed.
All deposits and progress payments made by the Exhibitor in accordance with the Payment Terms of this agreement are done strictly on a non-refundable basis.
Should the Exhibitor breach any of the Payment Terms of the agreement, the Organiser shall be entitled at its discretion :-
- to declare the full balance of the agreement Exhibition Costs immediately due and payable and without notice to institute proceedings for recovery; and/or
- to cancel any agreement and recover such damages from the Exhibitor as the Organiser may have suffered by reason of the breach; and/or
- the retain any prepayment or payment made on account as penalty or liquidation damages without prejudice to any other rights which the Organiser may have;
- and/or to reverse any discounts that may have been stipulated in the schedule of Exhibition Costs.

INDEMNITY

The Exhibitor understands and consents hereto that:

All goods brought to the exhibition by the Exhibitor, its staff or its agents are at the sole risk of the Exhibitor.
The Organiser shall not be responsible to the Exhibitor, its staff, agents, representatives, invitees or any other person for any direct, indirect or consequential loss or damage of any sort whatsoever arising out of or resulting from theft, burglary or any similar incident.
The Organiser shall not be responsible for any damage, injury, physical harm or loss including but not limited to loss of life caused to the Exhibitor, its staff, agents, invitees, representatives or other persons arising from whatsoever cause including but not limited to failure or disrepair of any equipment, products, buildings, erections or part thereof within the exhibition venue and its designated perimeter and notwithstanding that such loss or damage or injury to such person or property may have been occasioned by the fault, neglect or gross negligence of the invitees, the Exhibitor and/or their agents, representatives, servants and employees, or by the Organiser and/or their agents, representatives, contractors, landlords, servants, employees, or by the exhibition site being in or falling into a defective state of repair.
The Exhibitor indemnifies the Organiser against any claim whatsoever by any third party whomsoever arising from any damage caused by or any negligent conduct by the Exhibitor;
The Exhibitor warrants that it has or caused to have insurance coverage against any claim by any third party against the Exhibitor as a result of negligent conduct by the Exhibitor;
The Organiser will not be held liable for any damage caused to the Exhibitor’s stand and / or merchandise or for non performance of any of the provisions of this agreement as a direct result of force majeure including but not limited to any event beyond the reasonable control of the Organiser and which could not have reasonably been foreseen by the Organiser;
The Exhibitor shall not have any claim whatsoever against the Organiser arising out of the provision or failure to provide facilities, services or equipment at the exhibition.

CANCELLATION

Should this agreement be cancelled for any reason whatsoever, the deposit paid in terms hereof shall be forfeited by the Exhibitor.
Should the Exhibitor wish to withdraw from this agreement, it shall apply to the Organiser in writing. The Organiser shall consider the representations made by the Exhibitor and shall if it elects to allow the Exhibitor to withdraw from the agreement, notify the Exhibitor in writing of this, provided that in all cases where the Organiser releases the Exhibitor, a cancellation penalty becomes immediately due and payable by the Exhibitor as follows:
- should the Exhibitor give notice of cancellation in a period less than 91 days from the date of commencement of build-up of the exhibition, then the full value as indicated in the Exhibition Costs of this agreement will become immediately due and payable.
- should the Exhibitor give notice of cancellation in a period less than 121 days from the date of commencement of build-up of the exhibition, then 90% of the total value as indicated in the Exhibition Costs of this agreement will be immediately due and payable.
- should the Exhibitor give notice of cancellation in a period less than 181 days from the date of commencement of build-up of the exhibition, then 80% of the total value as indicated in the Exhibition Costs of this agreement will be immediately due and payable.
- should the Exhibitor give notice of cancellation in a period greater than 181 days from the date of commencement of build-up of the exhibition, then 70% of the total value as indicated in the Exhibition Costs of this agreement will be immediately due and payable.
Furthermore, if the Organiser is not able to re-let the stand which the Exhibitor has booked, and in addition to any other amounts which may be payable in terms hereof, the Exhibitor shall pay to the Organiser the full amount payable in terms of this agreement, plus such damages as may be proved by the Organiser.
Should the Exhibitor breach any of the Terms and Conditions of the agreement, the Organiser shall be entitled at its discretion :-
- to declare the full balance of the agreement Exhibition Costs immediately due and payable and without notice to institute proceedings for recovery; and/or
- to cancel any agreement and recover such damages from the Exhibitor as the Organiser may have suffered by reason of the breach; and/or
- the retain any prepayment or payment made on account as penalty or liquidation damages without prejudice to any other rights which the Organiser may have;
- and/or to reverse any discounts that may have been stipulated in the schedule of Exhibition Costs.

THE SIGNATORY ON BEHALF OF THE EXHIBITOR BINDS HIMSELF / HERSELF IN HIS / HER PERSONAL CAPACITY AS CO-PRINCIPAL DEBTOR WITH THE EXHIBITOR TO FULFILL ALL THE OBLIGATIONS OF THE EXHIBITOR IN TERMS OF THIS AGREEMENT.

THE SIGNATORY ON BEHALF OF THE EXHIBITOR HEREBY WARRANTS THAT ITS MEMBERS, DIRECTORS, PARTNERS OR PROPRIETORS AS THE CASE MAY BE, SHALL BE PERSONALLY LIABLE FOR ALL OBLIGATIONS IN TERMS OF THIS AGREEMENT.