EDEX Expo - Terms of Application and Exhibition Rules and Regulations
For the purpose of this EDEX Expo - Terms of Application and Exhibition Rules and Regulations, unless the context otherwise requires:
1.1. "Agreement" means any agreement between the Organisers and the Exhibitor which incorporates these terms and conditions;
1.2. "Organisers" means EDEX Organising Committee and/or the Royal College Union, which as promoter and Organiser/s is responsible for the regulation and control of all aspects of the Exhibition.
1.3. "Exhibition" means the EDEX Expo exhibition to be organised by the Organiser/s as specified in this application form.
1.4. "Conditions" means these Terms of Application and Exhibition Rules and Regulations, as amended from time to time by the Organiser/s.
1.5. "Exhibitor" means any natural person, corporate or incorporate body (whether or not having separate legal personality) including sole proprietorship, partnership or limited liability company applying to exhibit at the exhibition or as the case may be, whose application to exhibit at the exhibition has been accepted by the Organiser/s.
1.6. "Exhibition Venue" means the Sirimavo Bandaranaike Memorial International Convention Hall, BMICH, Bauddhaloka Mw, Colombo, Sri Lanka and/or Kandy City Centre, Dalada Veediya, Kandy.
1.7. "Publicity Materials" means the promotional gifts, catalogues, pamphlets and all advertising and publicity materials whatsoever that an exhibitor wishes to display, distribute or use at the exhibition.
1.8. "Preliminary Application Form" means the booking form submitted by the Exhibitor to the Organiser/s
1.9. "Application Fee" means the total fee payable by the Exhibitor to the Organiser/s as set out in the Preliminary Application Form and/or Rate Card
2. Eligibility for and conditions of participation
2.1. The Organisers have absolute discretion in the admission of Exhibitors. No rights to exhibit will be granted not withstanding payment or acceptance of the full rental submitted with the application until an exhibitor's application has been accepted in writing by the Organisers. The Organisers reserve the right to decline any application without giving any reason therefor.
2.2. Exhibition space is licensed strictly to the Exhibitor for trade promotion purposes only for the duration of the Exhibition. Exhibitor is required to use the space allocated in a manner satisfactory to the Organisers during assembling and installation of stands as well as at the exhibition. The Organisers reserves the right to clear all or part of the space allocated to the Exhibitor at the exhibitors expense without notice should they not be satisfied with the way the space is being used. Save as provided in these conditions, no Exhibitor shall have any claim for any refund in respect of the space rental or any other monies paid.
3. Price and payment
3.1. The appropriate application fee as indicated in the Preliminary Application Form and/or Rate Card which shall be non-refundable (save as provided in these conditions) must accompany each application.
3.2. The Organisers reserve the right to demand additional non-interest bearing deposit(s) at any given time as guarantee for the cost of actual or potential damage.
3.3. In the event that an application for space is not accepted by the Organisers, the application fee paid shall be refunded without interest to the applicant within 30 days from the date of notice of rejection of the application.
3.4. If an Exhibitor withdraws, for whatever reason, his application before receipt by him of a rejection of his application or after his application has been approved the application fee paid will be forfeited.
3.5. Without prejudice to any other right or remedy that it may have, the Organisers reserve the right to charge interest on sums overdue on a daily basis at a rate of 3% per month.
4. Space allocation
4.1. The Organisers have absolute discretion in allotting space for Exhibitor stand(s) or Shell Booth(s) and the location of such stand(s) or Shell Booth(s). All decisions to such effect shall be final and no request for change shall be entertained.
4.2. The Exhibitor's license to exhibit at the exhibition and to use, on a non -exclusive basis, the space or shell booth(s) licensed to the Exhibitor is personal to the Exhibitor and shall not be transferred assigned, sub contracted or otherwise shared with any third party regardless of the relationship between the third party and the Exhibitor, without prior permission from the Organisers.
5. Stand construction and specifications
5.1. Stands and exhibits shall not exceed the maximum floor loading limit of 1200kg/sq.m (250lb/Sq.ft)
5.2. The Organisers reserve the right to alter or remove without notice and at the Exhibitors expense any stand which differs from the approved specification or any stand that does not conform to the Organisers required standard or rules & regulations. The Exhibitor shall have no claim against the Organisers or their agents for any extra cost of replacing stand to conform to the Organisers specifications or any other losses or damages including consequential losses.
5.3. Exhibitor taking up raw space may appoint either the official stand contractor or their own contractor to design & construct their booths, the design which must be submitted to the Organisers for approval as provided in these conditions.
5.4. Work of any kind carried out at the exhibition venue must conform to the current local regulations in force in Sri Lanka and those specified by the Organisers. This applies to the Exhibitor, his agents, contractors and sub contractors. The Organisers reserve the right to stop any work which contravenes or in violation with any of these regulations and the Exhibitor has no claim against the Organisers or their agents for any losses or damages.
5.5. The suspension of stands or light fittings from the ceiling structure of the exhibition venue will not be permitted unless prior approval in writing is obtained from the Organisers.
5.6. Fixing to the surface of the floors secure margin boards and other stand fittings will not be permitted unless prior approval in writing is obtained from the Organisers.
5.7. The removal and disposal of crates and stand fittings or materials are not covered by the rental and are subject to additional charge.
6. Shell booths and specifications
6.1. Shell booths are provided by the Organiser's official contractor and are of a standard design. No variations of the fascia board, lettering and the fittings of the shell booth shall be allowed unless prior written approval is given by the Organisers.
6.2. No decorations, booth fittings or exhibit shall exceed 2.4m in height or the height of the shell booth whichever is lower.
7. Custom built stands on raw space
7.1. Plan and design proposal for raw space must be submitted in triplicate to reach the Organisers for approval not later than 2 months before the exhibition dates. Drawings submitted must be in are as on able scale of not less than 1:100, fully dimensioned and must contain information such as floor plan, stand elevation, fittings, colours and materials to be used, moving exhibits, audio/video equipment, weights and point loading of exhibits. No custom built stand may be erected at the exhibition venue unless the plans and the design proposal thereof have been approved in writing by the Organisers, which approval may be withheld by the Organisers without a reason being necessary.
7.2. All custom built stand designs stand materials used and its constructions must conform to the rules and the regulations of the exhibition venue and those of any public authority or department of the Sri Lankan Government.
7.3. No stand decorations, stand fittings or exhibits shall exceed 2.4m in height or if lower the height of the stand unless prior approval in writing has been given by the Organisers.
7.4. The transporting, assembling, dismantling and removing the custom built stands are the responsibility of the exhibitor. All such work must be carried out according to the arrangements and within the time limits specified in these conditions or otherwise by the Organisers.
8. Electricity
8.1. Only electricity can be used as a source of light or power in the exhibition venue.
8.2. All electrical works shall be carried out at the Exhibitor's expense by the official contractor appointed by the Organisers. Design, plan or proposals for electrical installations must be submitted to reach the Organisers for approval not later than 2 months before the exhibition. The Organisers may require amendments or variations to be made to the design, plan or proposals before approving same or may withhold approval at their discretion.
8.3. Electric current will be supplied in 210/230 volt, single phase. Electric current of a higher voltage, 3phase will be supplied by prior arrangement with the Organisers. The maximum electric power that will be supplied is 500 W for each socket.
8.4. Any power supply requirements in addition to that supplied by the Organisers will have to be obtained from the exhibition venue's official contractor with prior approval from the Organisers.
8.5. Electricity whether from mains, batteries or generators, shall be supplied only through the exhibition venue's official contractor.
9. Use of site and safety
9.1. Precautionary safety measures such as railings, guards or other means of protection must be taken to protect the public from any moving or working exhibits. Such moving / working exhibits shall be demonstrated or operated by skilled persons authorised by the Exhibitor. They shall not be left running in the absence of such person(s). Display of such moving or working exhibits must have the Organisers prior written approval.
9.2. The use of laser products at the exhibition requires prior approval in writing from the Organisers.
9.3. The Exhibitor warrants that the exhibits and packages thereof and the publicity materials do not in any way whatsoever violate or infringe any third party's intellectual and property rights including trademarks, copyrights, designs, design names and patents, whether registered or otherwise, and agree to fully indemnify the Organisers and its agents and contractors against all costs, expenses and damages arising from any third party's claims of infringement by the Exhibitor and/or the Organisers of such third party's right.
9.4. Stand assembling, installation and decoration must be carried out within the time limits specified by the Organisers and must in any case be completed by 2000hrs on the day preceding the exhibition opening. The Organisers reserve the right to assemble, install, and decorate any space, which is not completed by that time at the Exhibitor's expense.
9.5. Repairs or alterations to the stand or displays may only be carried out before the opening of the exhibition.
9.6. No stands or exhibits shall be dismantled or removed before the official closing time of the exhibition on the last day of the exhibition unless the Organisers have given special permission to do so.
9.7. All stands and exhibits are to be dismantled and removed before 2300 hours on the day of official closing the exhibition unless with the prior written approval of the Organisers.
9.8. All audio-visual equipment must be sited and be of a noise level so as not to cause any inconvenience to other Exhibitors/Visitors. The Organisers reserve the right to appoint one or more exclusive audio-visual equipment suppliers whereupon the Exhibitor shall be obliged to hire the equipment of such exclusive suppliers. Under no circumstances will
microphones or loudspeakers be allowed to be used at the Exhibitor's stand for product demonstration or for any other purpose(s).
9.9. No exhibitor shall engage in or permit filming, sound or video recording, telecasting, broadcasting at the exhibition venue unless prior written approval is obtained from the Organisers.
9.10. Public auctions shall not be permitted at the exhibition venue under any circumstances.
9.11. Full particulars of all personnel, agents or representatives of the Exhibitor must be submitted to the Organisers for approval and registration before they may be admitted to the exhibition venue. All such personnel, agents or representatives of the Exhibitor as are approved by the Organisers ("Authorised Personnel") will be issued badges for identification and admission purposes. The Exhibitor shall ensure that authorised personnel (a) display their badges conspicuously whilst at the exhibition venues; (b) do not transfer or lend their badges to any other person; (c) return their badges to the Organisers at the conclusion of the exhibition or, if earlier, upon demand by the Organisers; (d) comply with all obligations expressed to be imposed by these conditions on the Exhibitor (e) comply with all obligations imposed on them as conditions of their approval by the Organisers.
9.12. No advertising or demonstrations at the Exhibition, including the staging of any shows will be allowed at the exhibition venue.
9.13. Any musical performance, including the use of music recording for shows, requires the permission of the organisers. All fees and expenses in connection with the application of musical performance shall be borne by the individual exhibitor concerned.
9.14. Publicity material may only be distributed from the Exhibitor's own stand or shell booth. No advertising, demonstration or canvassing for business may be carried out anywhere else within the Exhibition venue. No exhibits or advertising signs shall be placed outside the confines of the Exhibitor's stand.
9.15. No stickers, posters, hangers or other materials shall be allowed to hang on fascia board.
9.16. Gas filled balloons, laser light shows and other similar advertising or promotional media shall not be permitted at the exhibition venue under any circumstances.
9.17. Exhibitor's stand must be manned by an authorized and competent representative of the exhibitor at all times during the exhibition. Such representative must be fully conversant with the exhibitor's products and or services and shall be duly authorized to negotiate and conclude contracts for the sale of the Exhibitor's products or services. The exhibitor agrees that the representative shall comply with these conditions and with any and all directions, which the Organisers or its agent may give before or during the exhibitions.
9.18. The Organisers shall be entitled (without any obligation to give any reason therefore, and without there by incurring any liability whatsoever to the exhibitor or any other person) to require forthwith to be removed, and to remove at the exhibitor's expense from any Exhibitor's stand shell booth or any area or space made available to any exhibitor, any goods, publicity materials, items or things displayed or placed there at, which in the sole and absolute opinion of the Organisers are inappropriate, hazardous, illegal, immoral or objectionable to the Organisers, do not conform to the standards set out for the exhibition or do not fall within the description of the exhibition.
10.Publicity
10.1. The Organisers shall arrange and be responsible for all publicity arrangements for the Exhibitor both overseas and in Sri Lanka and no Exhibitor, or its agents shall give or cause to be given any interview, public announcement, press statement or any other publicity whatsoever intended to publicise the exhibition as a whole.
10.2. The Exhibitor shall not disclose, appropriate or use and shall prevent its representative at the exhibition from disclosing, appropriating or using any technical or confidential information regarding the business or its affairs of the Organisers or any of the Exhibitors in the exhibition, acquired byway of the Exhibitor's license to exhibit at the exhibition.
11. Move in and move out of stand material and exhibits
11.1. Exhibitor shall move into the exhibition venue according to the arrangements and within the time limits specified by the Organisers.
11.2. The arrangements and payment for transporting goods to and from exhibition venue, receiving decorating and removing its exhibits are entirely the responsibility of the exhibitor.
11.3. No trolleys/dollies shall be allowed in any carpeted area of the exhibition venue.
11.4. All exhibits, stand materials and the like shall be removed immediately after the closing of the exhibition according to the arrangements and within the time limits specified by the Organisers. Any exhibits or stand material left behind at the exhibition venue shall be deemed abandoned and shall be disposed of by the Organisers at the expense of the Exhibitor concerned. All proceeds (if any) of such disposal shall be retained by the Organisers.
11.5. The Organiser reserves the right to appoint one or more exclusive contractor(s) to handle the movements of all goods and exhibits in and out of the exhibition venue, whereupon the exhibitor shall be obliged to hire the services of such exclusive contractor(s).
12. Limitation of liability
12.1. Save in respect of death or personal injury caused by the Organiser's negligence or as expressly provided in this Agreement, to the extent that the Organiser has any liability to the Exhibitor, the Organisers shall not be liable to the Exhibitor by reason of any representation unless fraudulent or any implied warranty, condition or other term or any duty of common law for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Organisers, its servants or agents or otherwise) which arise out of or in connection with the Event (including any delay in providing or failure to provide the Exhibition) and the entire liability of the Organisers under and in connection with the Agreement shall not exceed the Application Fee.
12.2. The Organisers shall use reasonable care and skill to organise the Event. However, the Organisers shall not accept responsibility for circumstances which fall outside of the direct control of the Organisers, its employees, servants or agents.
12.3. The Organisers give no warranty about the Event as to its quality, suitability or otherwise, other than as set out in these terms
and conditions. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent
permitted by law, excluded from this Agreement.
12.4. The Organisers shall have no responsibility for loss or damage to goods, luggage, personal property or personal effects.
12.5. The Organisers shall not be responsible in any manner whatsoever for the consequences of any introduction of commercial
transaction or commercial arrangement made during or as a result of the exhibition.
12.6. The exhibitor must make their all payments only to the Organisers in the manner instructed and / or directed and/or specified by the Organisers. The Organisers shall not be liable to any payments and/or transactions between the Exhibitors and any other third party other than the Organisers.
12.7. The Exhibitor undertakes to indemnify and at all times thereafter to keep indemnified the Organisers, its employees and agents on demand from and against all liability, action , proceedings, claims, damages costs and expenses whatsoever which it may suffer or incur by reason of or in relation to the agreement hereunder or by breach by the Exhibitor of these conditions.
12.8. The Organisers reserve the right to exercise a general lien over any property the Exhibitor has in the exhibition venue in respect of all monies due to the Organisers (including claims for damages) in connection with the exhibition.
13. Insurance
13.1. The Exhibitor shall be responsible for effecting insurance which should include (but not limited to)his display, exhibits and stands against the loss or damage by theft, fire, public(including occupiers liability) and any other natural causes, and shall produce such policy of insurance to the Organisers upon request.
13.2. The Exhibitor shall take out insurance policies to cover itself against all potential liabilities imposed on it in these conditions as well as possible legal liability for negligence and shall produce such policy of insurance to the Organisers upon request. The Exhibitor is fully liable for any loss or damage caused by an act or omission of the Exhibitor or his representative, employees or agents to any property of the exhibition venue, the other Exhibitors or Organisers.13.3. The Exhibitor agrees that all personnel, agents or representatives of the Exhibitor present in the Exhibition venue shall have separate and adequate insurance cover to protect their personnel and property against the risk of injury or harm including death accruing to them as a result of attending the Exhibition. Where applicable adequate Workmen's Compensation cover shall be obtained as statutorily required.
14. Waiver
14.1. The waiver by the Organisers of any of these conditions shall not prevent the subsequent enforcement of these conditions and shall not be deemed to act as a waiver in respect of any subsequent breach.
15. Termination of right to exhibit
15.1.The Organisers shall have the right to terminate without notice an Exhibitor's right to exhibit in the exhibition in any of the following events.
a.) If an Exhibitor or any of its representatives commits a breach of any of these rules and regulations; or
b.) If an Exhibitor being a body corporate, enters into a liquidation whether compulsorily or voluntarily or compounds with its creditors or has a receiver appointed overall or any part of its assets or takes or suffers any similar action consequence of debt; or
c.) If an Exhibitor being a sole proprietorship or partnership becomes or one of its members becomes bankrupt or insolvent or enters into any arrangement with its creditors or takes or suffers any similar action in consequence as of such debt; or
d.) If the Exhibitor conducts any activity which, in the opinion of the Organisers, does not conform to the nature and purpose of the exhibition, or interfere with the rights of other Exhibitors at the exhibition; or
e.) If the Organisers in their sole and absolute discretion decide that such right shall be terminated; or
f.) If the exhibit space is not occupied by the Exhibitor by 0900hrs on the first exhibition day of the exhibition, the Exhibitor shall be deemed to have cancelled the exhibits space contracted for, and the Organisers shall have the right to use such space as it deems appropriate. The application fee paid will be forfeited as if the Exhibitor had cancelled the participation as of such date.
15.2. In the event that an Exhibitor's right to exhibits in the exhibition is terminated under 15.1 (a), (b) (c) (d) or (f), the Exhibitor
shall have no claim for refund of any monies paid against the Organisers.
16. Force Majeure
16.1. The Organiser shall not be liable to the Exhibitor or be deemed to be in breach of these conditions by reason of any delay or the failure to perform its obligations and its obligations shall be suspended during the period and to the extent that it is prevented or hindered from complying with its obligations by any cause beyond its reasonable control, including, but not limited to, acts of God ,fire, strikes, work stoppages, slow-downs, or other industrial disputes, accidents, acts of terrorism ,riots or civil disturbances, acts of government, inclement weather, import or export regulations or embargoes, non-receipt in good time of necessary data, information or materials (if the Exhibitor agreed to supply any such data, information or materials), delays by suppliers or material shortages.
17. Notice
17.1. Any notice or communication required to be given shall be in writing and shall be given by sending the same by first class prepaid letter or facsimile transmission addressed to the parties at the respective addresses and facsimile numbers set out on the Preliminary Application Form or such other address as may be notified from time to time by either party to the other.
18. Partial invalidity
18.1. If any condition proves to be legally invalid this shall not affect the validity of the remaining conditions which shall continue in full force and effect.
18.2. If any invalid, unenforceable or illegal condition would be valid, enforceable or legal if some part of it were deleted, that condition shall apply with whatever modification is necessary to make it valid, enforceable and legal.
19. Assignment
19.1. The Organiser may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under this Agreement.
20. Governing law and jurisdiction
20.1. This Agreement shall be governed by and construed in accordance with the laws of Sri Lanka and the Organiser and the Exhibitor hereby agree to submit to the exclusive jurisdiction of the Sri Lankan Courts.