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In these conditions, the term "Exhibitor' means the signatory of this application and includes all employees or agents of such and the term "Exhibition" means The Trade Fair as per the heading on the Order Form. "The Organiser' means "The company or identity responsible for the fair organisation on the ground in the country concerned " and his sole Australasian Representative "Tradex New Zealand Ltd"
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In case of any joint venture, howsoever described, the Exhibitor is deemed to have obtained the consent of all the individual participants to all the conditions of the Contract.
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stand rentals shall be paid in US Dollars unless otherwise notified. The Exhibitor is Liable for making good any exchange loss to the Organiser if the account is paid to the Organiser in other currencies or after the final advised date for payment.
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If the Exhibitor does not pay the balance of the contract price at the prescribed time, the Organiser reserves the right (after due notice to the Exhibitor or the agents as appropriate) to cancel the booking. In this event, or if the Exhibitor cancels the booking after the application is granted, the deposit will be forfeited. Additionally if cancellation occurs for either reason after the prescribed date for payment of the balance of the contract price, a sum in Liquidated damages equivalent thereto will in any event be payable by the Exhibitor to the Organiser.
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The price for space is exclusive of any applicable federal or local Government or Municipal taxes all of which if any must by borne by the Exhibitor. Status of such taxes will be advised as required.
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Applications for space must contain details of the proposed exhibit and the name of any other company represented by the Exhibitor whose products are to be shown, or whose services are to be referred to, on the stand.
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The Organiser shall have full power to determine in every respect the allocation of area and position of space and shall be entitled for any reason, which in his sole opinion is in the general interest of the Exhibition, to vary the general layout or the situation and area of any particular stand even if already allocated and the Exhibitor shall accept a new allotment of space in substitution of the originally allotted.
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Upon acceptance of the Application for space a contract shall arise between the Organiser and the Exhibitor in terms of these conditions subject to Variation as mentioned. As regards space allotted, the relationship of Licensor and Licensee shall immediately arise and continue between the Organiser and the Exhibitor. In case of non payment of any sum due, or any breach or non observance of any of these conditions by the Exhibitor, the Organiser shall have the full right to revoke this License and to re-enter upon the allotted space, and may remove and exclude the Exhibitor without prejudice to recovering all monies payable hereunder, all other claims against the Exhibitor and the right to recover the damages sustained by the Organiser.
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The Exhibitor shall occupy the space allotted to him by the Organiser. In the event of default due to any cause whatsoever the Exhibitor shall pay to the Organiser a further sum in Liquidated damages equal to the total charge for the space and the Organiser shall have the right to deal with the space in any way he thinks best.
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In the event of any Exhibitor committing an act of bankruptcy, or if a Limited company being wound up the contract with him shall be determined void, then all monies already paid shall be retained by the Organiser.
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The Exhibitor may not assign, sublet or grant Licence in respect of any part of the space allotted to him nor may advertisements of firms who are not bonafide exhibitors be shown on the stand. Only those products, services and companies mentioned on the application form may be incorporated in the stand.
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Without prejudice to the rights and remedies of the Organiser in respect of any breach of the Contract on the part of the Exhibitor, the Organiser may at his discretion allow the Exhibitor to withdraw from the Exhibition subject to the following conditions: The Exhibitor must give written notice to the Organiser that he desires to withdraw and if the Organiser allows such withdrawal he will notify the Exhibitor to his decision in writing; Any such notifications by the Organiser to the Exhibitor will constitute a cancellation of the Contract subject to the payment by the Exhibitor to the Organiser of a consideration for release from the contract; The amount of such payment will be specified in the Organisers notification to the Exhibitor and will be at that proportion of the space rental payable under the Contract dependant upon the date upon which the Organiser receives the notification from the Exhibitor as detailed below: Date of receipt by Organiser Proportion of Space of Notice of Withdrawal Rental Payable 60 days prior to the Exhibition 50% Less than 60 days 100% Upon payment of such amount to the Organiser by the Exhibitor (credit being given by the Organiser for all rentals already paid to the Exhibitor) the Contract shall be cancelled and neither party shall have any further claim against the other.
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The Exhibitor shall be totally responsible for the cost of restoring to its original condition any part of the stand or structure occupied by him that has been altered or damaged in any way.
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The Organiser shall not be responsible for the loss or damage to any property of the Exhibitor or any other person caused by theft, fire, defect in the Exhibition Hall ("The Hall"), storm, Lightning, national emergency, civil unrest, war, labour disputes, lock-outs, explosions, Acts of God and general cases of force majeure (whether or not ejusdem generis with the foregoing) or through any cause not within the Organiser's control or for any loss or damage sustained in the event that the opening or holding of the Exhibition is prevented, postponed or abandoned or if the Hall becomes totally or partially unavailable for the holding of the Exhibition due to any of the foregoing causes. The Exhibitor shall indemnify and hold the Organiser safe and harmless from all loss and damage to the basic shell scheme stand. The Exhibitor is advised to take out insurance cover for the purpose of indemnifying the Organiser as required herein and also to cover himself against all risks in respect of which the Organiser is deemed not to be responsible in these conditions.
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In no event shall the Exhibitor have any claim for damages of any kind against the Organiser in respect of any loss or damage consequent upon the prevention or postponement or abandonment of the Exhibition by reason of the happening of any events referred to in Condition 14 or otherwise or of the Hall becoming whoIly or partially unavailable for the holding of the Exhibition for reasons beyond the Organiser's control. The Organiser shall be entitled to retain all sums paid by the Exhibitor or such part thereof, as the Organiser shall consider necessary. If in the opinion of the Organiser by rearrangement or postponement of the period of the Exhibition or in any other reasonable manner, the Exhibition can be carried out these, Conditions shall be binding upon the parties except as to size and position as to which any modification or re-arrangement shall be determined by the Organiser.
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The Exhibitor shall hold the Organiser safe and harmless from all loss and damage suffered by or arising out of any act or default of any servant, agent, employee or subcontractor of the Exhibitor.
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In the event of any dispute concerning the operation and appearance of exhibits, the decision of the Organiser is final.
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The Exhibitor shall not without the written consent of the Organiser display, exhibit or bring into the Hall any explosives or dangerous material or any such product which causes noxious fumes or which makes use of or displays any other materials which may involve a danger to the health or safety of any person. The Exhibitor shall indemnify the Organiser against any loss or damage arisen out of a breach of this clause.
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The Organiser cannot accept any complaint or claim against himself unless it is submitted in writing to the address given below within two weeks of the closing date of the Exhibition. All claims and disputes shall be settled in accordance with the Law of the country in which the Exhibition takes place.
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All display, advertising, exhibits and stand arrangements shall be appropriate to the subject matter of the Exhibition in the sole opinion of the Organiser and shall be tasteful and of a suitable high standard and shall not contravene or conflict with any local laws, morals, or customs and if in the opinion of the Organiser the Exhibitor is in breach of this clause the Organiser may direct the Exhibitor to rectify such breach and the Exhibitor shall immediately act accordingly.
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In the event of a breach of any of the conditions herein the Organiser may in all cases retain all monies paid by the Exhibitor and recover further monies from the Exhibitor as provided herein.
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The Organiser accepts no Liability for the outcome of the Exhibition. All Exhibitors enter into the contract on the basis of having satisfied themselves as to the suitability of the Exhibition for their purpose.