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| GENERAL |
In the terms and conditions set out below the following expressions shall mean:-
“Exhibition” or “Expo” India Entertainment Expo & Gaming Conference 2008
“Administrator” Redsun Enterprises LLC and Trade Shows International Ltd
“Premises” Halls 12/13 Pragati Maidan Exhibition Centre, New Delhi, India
“Statutory regulations” Regulations and laws of India and local authority in New Delhi
These terms and conditions shall apply to all contracts between the Exhibitor and the
Administrator relating to the exhibition and any variation shall only be binding if agreed
by the Administrator in writing
All bookings shall be made on the official Order Form & Contract prescribed from time
to time by the Administrator or in any other form accepted by the Administrator i.e.
facsimile or letter, all of which will be subject to acceptance by the Administrator on its
official letter of acknowledgement (and in no other format) and the Administrator
reserves the right to decline or refuse and applications, without giving a reason.
Exhibits shall comply with the applicable statutory regulations and laws applying at the
time and the rules and regulations set out in the Exhibitors Manual and Guide to Services
issued by the Administrator |
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| PRICES, SPECIFICATIONS & DRAWINGS |
All quotations and prices are shown exclusive of VAT or similar tax which, if required,
will be added to all invoices at the rate applying at the date of issue of the official letter of
acknowledgement of the Order Form & Contract and may be withdrawn by the
Administrator should the completed Order Form and Contract not be received within 14
days of the quotation.
While every effort will be made to ensure that plans, specifications and drawings in the
official show catalogue are accurate the Administrator gives no warranty , undertaking or
guarantee to this effect and shall have no liability in respect of any inaccuracy, howsoever
caused.
The Administrator reserves the right to alter plans and specifications at any time but will
make every endeavour to do so in consultation and prior agreement with the Exhibitor. |
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| ALLOCATION, REDUCTION OR CANCELLATION OF STAND SPACE |
A signed order form and contract and the issue of a letter of acknowledgement is a
commitment by the Exhibitor to participation on the area contracted and on the
Administrator to provide the contracted space, subject always to the terms and conditions
contained herein
Reductions of stand space at the Exhibitors request shall, at the sole discretion of the
Administrator, be treated as a pro-rata cancellation,Cancellation of accepted orders must
be notified to the Administrator in writing.The Parties agree that the following schedule
constitutes a fair and reasonable estimate of loss to the Administrator in the event of an
Exhibitor cancelling or reducing the stand space:-
(i) more than 14 weeks before the first open day of the Expo the charge shall be 40% of
the total space rental cost
(ii) less than 14 weeks before the first open day of the Expo the charge shall be 100% of
the total space rental cost
The Administrator may, if it considers it to be in the interests of safety, or presentation, or
if required by the premises management, re-allocate the contacted space to another area
and alter the shape, or size of the space, without recourse other than that, if the space is
subsequently reduced the Administrator will reimburse the Exhibitor the difference
between the cost of the original contracted space and there-allocated space
Should a n Exhibitor fails to take up and occupy the allocated space the Administrator
reserves the right to deal with the stand space so unoccupied as it believes appropriate |
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| PROHIBITION OF TRANSFER & MULTIPLE OCCUPANCY |
| The Exhibitor has no right to assign, sub-let or grant occupancy licences in respect of the
whole or part of the contracted space, nor to display any items, graphics or literature or
other printed matter of any kind of persons of companies who are not declared to the
Administrator at the time of the original application. The Administrator shall have the
absolute right to remove all such items, graphics, literature, advertisements or other
printed matter, without recourse. |
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| PAYMENT |
| The issuing of a Letter of Acknowledgement by the Administrator after receipt of the
complete Order Form and Contract and appropriate payment from the Exhibitor confirms
and completes the legal contract between the Exhibitor and the Administrator, at which
time these Terms and Conditions apply. In the event of non-payment of any invoice by the
due date or should the Exhibitor, if an individual, die or suffer incapacity preventing him
or her from participating effectively in the Expo, or enters into bankruptcy or insolvency
or, being a limited company or partnership enter into administration or liquidation,
whether compulsory or voluntary, then all monies paid to the Administrator shall be
retained as reasonable compensation and, in addition, the Administrator shall have the
right to cancel, suspend or continue all and any contract with the Exhibitor in relation to
the Expo without prejudice to the Administrators right to recover any loss sustained.
The Exhibitor shall not be entitled to withhold payment of any monies payable to the
Administrator in relation to t he Expo or by reasons of any dispute or claim by the
Exhibitor in connection with the Expo or otherwise nor shall the Exhibitor be entitled to
set off nay amount which, it is alleged, is payable or due from the Administrator against
any amount payable to the Administrator in relation to the Expo.
No exhibitor will be allowed to build until full and final payment has been received by
oganisers Redsun Enterprises |
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| ADVERTISMENTS |
The Exhibitor shall comply with all statutory and premises management requirements
relating to the display of printed matter advertisement and similar material and the
Administrator reserves the right to forbid or remove any item of printed matter or
advertisement which is considered inappropriate or likely, in its sole opinion, to cause
offence to any person or persons o in any way conflicts with the concept of the Expo,
without recourse.
The Exhibitor shall not advertise or distribute printed matter or publications within or
outside the premises otherwise from its stand or space, without the written consent of the<
Administrator. |
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| CANCELLATION BY ADMINISTRATOR |
| The Administrator reserves to right to cancel and Exhibitor's booking without providing a
specific reason and, should it do so its sole liability shall be to refund all monies paid by the
Exhibitor, in accordance with the schedule in paragraph 3 (i & ii) herein save for any breaches of
conduct as defined in paragraph 7 herein and the Administrator shall not be liable for any loss,
including consequential loss, or damage suffered by an Exhibitors resulting from such
cancellation, howsoever the same may be caused. |
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| CONDUCT |
The Exhibitor, its staff, agents representative, contractors and sub-contractors shall comply with
all statutory and other laws and regulations including those imposed from time to time by the
Administrator or its representative, or the premises management, in relation to the conduct of and
during the Expo, in particular, but without limitation of the generality of the following:
shall keep the gangways and walkways adjacent to its space or stand free of obstruction at all
times shall restrict presentations to visitors to within the confines of the stand or space area only
and shall not use, or permit the use of any form of public address system within the space or stand
area shall not stage any demonstrations live presentations or any form of entertainment or
instruction which causes or is, in the sole opinion of the Administrator or its representative likely
to cause congestion of the gangways or walkways or restrict access to adjacent stands or space
areas shall not conduct any competition or offer prizes or awards at the Expo without the written
consent of the Administrator shall permit the Administrator, its servants, agents, contractors or
sub-contractors or representatives to pass and re-pass over the Exhibitor's stand or space for the
purpose of gaining access to any part of the premises or, in the case of emergency or any kind shall
ensure that all its staff, contractors, sub-contractors, representatives and invitees are conversant
with and comply with the Fire Regulations, safety and emergency shall do nothing at the premises
which is a breach of the law and shall not cause any damage to the premises or the stand and, in
particular shall not attach screws, nails or similar fixings thereto shall be entitled to dress its stand
or space to its specifications using lighting and other effects but only insofar as the structure of the
stand is not altered and no inconvenience or obstruction is caused to other Exhibitors and/or
visitors and shall accept the decision of the Administrator as to what is permissible and what is
not. Only contractors who have been appointed by the Administrator or its representatives, or
those whose details have been supplied to the Administrator by the Exhibitor in the form provided
for this purpose within the Exhibitors Manual and Guide to Services shall be entitled to provide
services to the Exhibitor in relation to the dressing of the stand or space and the Administrator
reserves the right to refuse access to the premises of any contractor or sub-contractor whose
details have not been provided.shall not, under any circumstances, exceed the power connections
and supply ordered, nor overload electrical circuits provided to its stand and shall comply with
all instructions of the officially appointed electrical contractor, the Administrator or the premises
management in relation to the connection and use of electrical items shall ensure that their stand is
occupied throughout the whole of the open period of the Expo by at least one member of their staff
or official representativeshall accept the decision of the Administrator or its representatives as to
any matter of conduct referred to above and generally in relation to the Expo which shall be
binding upon the Exhibitor and its staff, contractors, sub-contractors, agents or representatives
and if the Exhibitor or they shall fail to comply with the reasonable request of the Administrator or
its representatives the Administrator or its representatives may take whatever reasonable steps
are deemed necessary and appropriate to enforce compliance including instant termination of all
contracts between the Administrator and the Exhibitor relating to the Expo, without recourse. |
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| LIABILITIES |
The Exhibitor shall be responsible for personal injury or damage to or loss or destruction of
property, including but not limited to the premises, arising in connection with the Exhibitor's
stand or space and anything permitted, omitted or done thereon or there-from during the period
of the Expo, including construction and dismantling, provided that this results from the direct or
indirect action or any omission of the Exhibitor, its staff, contractor, sub-contractor, agent,
representative or invitee of the Exhibitor or any other person present on the Exhibitor's stand or
space or by any exhibitor, machinery or other article or thing of or in the possession of the
Exhibitor, its staff, contractor, sub-contractor , agent, representative or invitee of the Exhibitor or
any other person present on the stand or space save for any proven negligence by the
Administrator, its representatives, contractors, sub-contractors or the premises management and
the Exhibitor shall indemnify the Administrator, its representatives, contractors or sub-contractor
in respect of all losses, including consequential loss, costs, claims, actions, proceedings, demands
and expenses in respect thereof.
Should the Exhibitor, its staff, contractors, sub-contractors, agents or representatives fail to
remove all property or otherwise fail to vacate the premises by the date and time stated as the final
day of occupancy in the Exhibitors Manual and Guide to Services issued by the Administrator for
this Expo for any reason whatsoever the Exhibitor shall Indemnify the Administrator against all
losses, including consequential losses, costs, claims, actions, proceedings, demands and
expenses incurred by the Administrator as a result thereof.
Neither the Administrator nor the premises management, their representatives,
agents,contractors or sub-contractors shall be liable for any loss or destruction of or damage to
any property bright to the premises by the Exhibitor, its staff, agents, contractors, sub-contractors
or any invitee, other than through proven negligence by the Administrator, the premises
management, their representatives, agents, contractors or sub-contractors. |
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| FORCE MAJEURE |
Should the Expo be cancelled, postponed, re-located, curtailed or otherwise adversely affected by
any cause not within the reasonable control of the Administrator including but not limited to war,
fire, national emergency, labour dispute, strike, lock-out, civil disturbance, Act of God or nonavailability
of the premises for any reason, including but limited to safety of the venue or
surrounding areas the Administrator shall not be under any obligation nor liability to the
Exhibitor in respect of its participation at the Expo and shall be under no liability to the Exhibitor
or any other person, company or organisation in respect of any actions, proceedings, claims,
demands, losses, including consequential losses, costs or expenses whatsoever which may be
brought against or suffered or incurred by the Exhibitor as a result thereof.
The Exhibitor shall take out adequate and appropriate insurance cover in respect of all liabilities
of the Exhibitor in relation to the Expo including but not limited to the liabilities detailed in
paragraphs 8, 9 and 10 herein. |
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| AMENDMENTS TO TERMS & CONDITIONS |
| The Administrator shall be entitled to alter, add to, amend and interpret all and any of these terms
and conditions and no such alteration, addition, amendment or interpretations shall operate so as
to release the Exhibitor from any part of this contract. The headings in these terms and conditions
are for reference purposes only and form no part of the actual contract between the parties. |
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| CLAIMS |
| All claims must be submitted in writing to the registered office of the Administrator and to be
valid must be received not later than 14 days from the closing day of the Expo. |
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