The following definitions apply to these terms and conditions:
“Exhibitor” means any person firm or company who has made application for and has been granted Space in the Exhibition;
“Exhibition” means Go Green Scotland on 11th & 12th November 2023;
“Organiser” means National World Publishing Limited or its lawful assignees;
“Space” means the area in the Exhibition applied for or allotted to the Exhibitor;
“Exhibition Services” means services which are inclusive within the m2 space rate such as publicity material, security, cleaning, traffic management, exhibition catalogue listing and any other services which the Organiser may from time to time offer at their discretion.
2. APPLICATIONS FOR SPACE
3. RELATIONSHIP BETWEEN THE PARTIES
Upon acceptance of the Booking Form by the Organiser there shall be a contract between the Organiser and the Exhibitor subject to these Terms and Conditions. The relationship of licensor and licensee shall exist between the Organiser and the Exhibitor for any Space allotted . In case of non-payment of any sum due from the Exhibitor (whether formally demanded or not) or of any other breach or non-observance by the Exhibitor of any of these Terms and Conditions the Organiser shall have the right to revoke the licence and remove and exclude the Exhibitor and all persons from the Exhibition without prejudice to the right to recover all sums payable by the Exhibitor and without prejudice to any other right or remedy available to the Organiser.
4. PAYMENT TERMS
Each Exhibitor is responsible for settling all accounts for ancillary charges and expenses incurred in connection with the Exhibition, which are initiated by them, their agent, representative or contractor and must settle all such liabilities when called upon to do so.
The Exhibitor shall pay in full and cleared funds in the following instalments:
The Organiser reserves the right to close or have removed any stand and/or exhibits belonging to any Exhibitor who has not fulfilled their payment obligations.
In this agreement VAT and any other applicable tax has been shown separately. The appropriate amount of tax deemed payable will be calculated at the time of invoice and such tax shall be deemed payable when the charge to which it relates is deemed payable.
If any payments due by the Exhibitor to the Organiser are fourteen days in arrears (whether demanded or not) the Organiser shall have the right to charge interest on the overdue amounts from the due date, at a rate of 4% above the Bank of England base rate from time to time. Such interest shall accrue after as well as before any judgement and shall accrue on a daily basis compounded for the overdue period with three monthly rests. In addition if any payments remain unpaid 60 days after the due date, the contract between the Exhibitor and Organiser may be terminated immediately by notice in writing by the Organiser to the Exhibitor. In such event all payments made shall be forfeited and a cancellation charge will be applied pursuant to clause 5 which shall become due and payable forthwith together with any accrued interest.
5. DURATION OF EVENT
Details of Exhibition hours are given in the Exhibitor Manual. During these times, stands must be manned by the Exhibitor’s staff. The Organiser reserves the right in its discretion to shorten, extend or otherwise alter such duration hours on notice to the Exhibitor. In such circumstances, all charges and costs will remain payable by the Exhibitor.
6. EXHIBIT PROFILE/REMOVAL OF EXHIBITS
The Organiser reserves the right to have removed from the hall any exhibit or item complementary to an exhibit not conforming in their opinion to the theme of the Exhibition.
The Organiser reserve the right to require the Exhibitor to remove any exhibit or category of exhibit if the Organiser in their absolute discretion consider that the same is libellous of an obscene nature or may infringe the rights of any third party or which the Organiser consider in their absolute discretion to be undesirable or detrimental to the Exhibition, other exhibitors or the general commercial interests of the Organiser or any associated company.
For the avoidance of doubt any contract between the Organiser and the Exhibitor for Space is only for the area of such Space and no acceptance by the Organiser of the Exhibitor’s Booking Form or allocation of the Exhibitor’s name to any particular part of any Exhibition floor plan or stand number will constitute any agreement warranty or representation by the Organiser that the Exhibitor is entitled to exhibit at the Exhibition in such particular location and the Organiser reserves the right without being required to give notice to the Exhibitor to alter the layout of the Exhibition floor plan or position of any stand at any time.
8. OTHER EXHIBITORS
Whilst the Organiser shall act in good faith, the name of any exhibitor which may appear on any floor plan or stand number or any statement made by or on behalf of the Organiser that any exhibitor is booked to attend the Exhibition provisionally or otherwise shall not constitute any warranty representation or undertaking by the Organiser that any such exhibitor will attend the Exhibition or attend at any particular location.
9. SPACE NOT OCCUPIED
The Exhibitor must occupy the Space allotted to them by show opening time on the first day of the Exhibition. Any Exhibitor failing to do so will be deemed to have cancelled their Space booking. In this event the Terms and Conditions relating to Cancellation will apply and the Organiser may resell or reallocate such space.
10. PROMOTION AND REPRESENTATIONS
The Exhibitor shall not be entitled to assign sublet or grant licences in respect of the whole or any part of the Space allocated to them, or assign or otherwise deal with their rights and obligations under these terms nor may any cards advertisements or printed matter of persons who are not bona fide Exhibitors be exhibited or distributed on any stand. This shall not apply to persons, firms or companies being subsidiaries agents or principals of the Exhibitor and who are duly listed with the Booking Form at the time of booking. The Organiser shall be entitled to assign the benefit (subject to the burden) of the contract for Space or any part thereof without prior notice to or consent from the Exhibitor.
12. EXCLUSION OF PERSONNEL
The Organiser reserve the right in their absolute discretion to exclude or remove from the Exhibition any person whose presence is or is likely to be undesirable and the Organiser may exercise such rights notwithstanding that any person is the servant agent or contractor of the Exhibitor or otherwise in any way connected or associated with the Exhibitor.
13. DANGEROUS MATERIALS
The following are excluded from the Exhibition: explosives, detonating or fulminating compounds, and all dangerous or harmful substances, including primings, fireworks, etc. Primings, fireworks, matches and similar objects can only be exhibited in the form of imitations, and on condition that they contain no inflammable matter.
The Exhibitor acknowledges that the Organiser shall not be held responsible for the failure of all or any other contracted exhibitors to attend the Exhibition or the failure of any number of attendees to attend the Exhibition for any reason.
15. CANCELLATION, POSTPONEMENT OR ABANDONMENT
The Exhibitor and any stand sharers shall fully indemnify and keep indemnified the Organiser, its employees, contractors and agents (each an indemnified party) against all costs, claims, demands, proceedings and losses whatsoever made against or incurred by an indemnified party as a result of the Exhibitor, a stand sharer or its employees or agents exhibiting, displaying, advertising, promoting, selling or supplying any goods or services at the Exhibition, including without limitation any claim in respect of damage, injury, accident or loss arising to any person (including members of the public or an indemnified party) or property as a result of any act or omission of the Exhibitor or a stand sharer or any of their servants, agents, contractors or invitees.
18. LIMITATION OF LIABILITY
In the event of the Exhibitor if an individual becoming bankrupt or otherwise committing any act of insolvency or if a company going into liquidation or having a Receiver or Administrator appointed in respect of any of its assets then the Organiser reserve the right to terminate the contract with the Exhibitor forthwith and the Terms and Conditions relating to Cancellation shall apply.
20. FORCE MAJEURE
The Organiser shall not be liable to the Exhibitor by reason of any cancellation or part time opening of the Exhibition, either as a whole or in part, for any non-performance of their obligations under this contract or for any amendments or alterations to all or any of the rules of the Exhibition in each case to the extent that such occurrence is due to circumstances not within their reasonable control.
21. GROUP STANDS
Contracting parties for group stands are responsible for ensuring that all Exhibitors within their group are fully aware of, and agree to abide by these Terms and Conditions and the Exhibitor Manual of the Exhibition.
22. DATA PROTECTION
By signing the Booking Form the Exhibitor is expressly consenting, under all relevant data protection legislation including in particular the UK GDPR and Data Protection Act 2018, as provided in our Privacy Notice (available via our website and by request) to the Organiser communicating with Exhibitors by phone, email and by post and using its personal information for the following purposes:
Please contact us in writing if you do not wish your personal information to be used in any of the ways mentioned above.
23. NO WAIVER
The failure of the Organiser at any time to enforce any provision of these Terms and Conditions shall not affect their right to require complete performance by the Exhibitor nor shall the waiver of any breach of any such provision be taken as or held to be a waiver of any subsequent breach or be a waiver of the provision itself.
If a provision of these Terms and Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these Terms and Conditions and the validity and enforceability of the other provisions of these Terms and Conditions shall not be affected. If a provision of these Terms and Conditions (or part of any provision) is found illegal, invalid or unenforceable, the parties shall negotiate in good faith to amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the parties' original commercial intention.
No variation of these Terms and Conditions shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
26. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be construed in accordance with English law and the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions. The Exhibitor also agrees that this contract is subject to the terms of the agreement between the Organiser and the venue owner under which the Organiser have licensed the premises of which the Space is part a copy of which is also available on request.
27. ENTIRE AGREEMENT