These General Conditions govern all contracts entered into by ALL Exhibition and Conference Co., Ltd.,with participants at the trade fairs, exhibitions and congresses (the "events"), organized by ALL Exhibition and Conference Co., Ltd. (the "organizer"), in China or anywhere else in the world.
Article 1. Registration.
1.1 After receipt of an applicant's completed and signed application form, the applicant is registered as a participant at the event being prepared by the organizer. By completing and signing the form, the applicant declares themselves to be familiar with the objective of the event, and agrees to exhibit only those products or services which fall with-in the scope of the event.
1.2 The person signing the application form on behalf of the applicant shall be deemed to have full authority to do so on behalf of the applicant. The applicant shall have no right to claim against the organizer that such person or persons did not have such authority if any problems occur.
1.3 By completing and signing the form, the applicant is bound by these General Conditions.
1.4 If the organizer accepts the applicant as a participant, they will send a confirmation to the participant. In the confirmation, at the very least the following points should be covered:
• The place where the event is being held.
• The date on which the event is being held.
• The size of the space reserved for the event, in square meters.
1.5 The organizer has the exclusive authority to allocate its available stand space to participants. The requirements of the participant will be taken into account as much as possible.
1.6 The organizer reserves the right to refuse an applicant’s registration.
Article
2. Manual and Stand Design.
2.1 In due course before the start of the exhibition, participants will receive the "Manual", for the event in which the participant has registered.
The provisions contained in this Manual, together with the General Conditions, form an integral part of the contract between parties. In case of doubt the General Conditions will prevail above the Manual.
2.2 In the case of booth construction and orientation by the participant, the design for a stand must be received by the organizer, as a scale drawing in duplicate, before the date mentioned in the Manual. The design of the stand must meet the requirements as laid down in the Manual and by relevant Legislation and Regulations.
2.3 Any third parties used by the participant in any way, must be approved by the organizer.
Article 3. Stand and Exhibits.
3.1 The participant is obliged to comply with all instructions given by or on behalf of the organizer or other officials. The participants are also responsible for the site maintenance and safety with regard to the entire exhibit this includes: layout and safety of the stand, and the products/decorations/objects to be exhibited and the decorations.
3.2 The participant are not permitted to make any part of the allocated stand space available to third parties.
3.3 The organizer reserves the right to require the participant to remove any exhibit, if the organizers in their absolute discretion consider that display libelous, obscene (in any nature), or infringing on the rights of any third party. No compensation for damages will be owed as a result of a removal by the organizer.
3.4 Participants must make sure that all designs and artwork on or relating to the participants stand or any items at display shall not infringe on any trademarks, copyrights, patents or other intellectual rights of any third party in any way.
3.5 No amplification equipment may be used in any way, to attract the attention of the visitors of the event, unless prior written consent is given by the organizer.
3.6 Participants are obliged to ensure that their stands are permanently manned during opening hours of the event.
3.7 The participant is obliged to leave the space made available to him, in its original condition when the contracted period expires. If the organizer has to take necessary steps to restore the space to its original state, the costs incurred will be borne by the participant.
Article 4. Products.
4.1 The participant may only exhibit, demonstrate or show samples of the products and services specified on the application form.
4.2 Participants are not permitted to provide goods or services at their stand for reimbursement.
Article 5. Payment.
5.1 Full payment must be made within 15 days of the receipt issuance.
5.2 Should the participant fail to make a payment on time, they forfeits any right to exhibit at the event. The provisions set out in Article 6, clause 6.3, of these General Conditions are applicable. Unless stated otherwise in this article, the agreed price remains payable in full.
5.3 Contractual interest at an annual rate of 15 % of the agreed price is payable by the participant from the due date specified on the invoice.
Article 6. Cancellation.
6.1 When extraneous circumstances dictate, whether they are dependant or independent of the organizer, the organizer has the right to cancel the event. The undertakings made in the confirmation of reservation cease to apply and the payments already made by the participant will be refunded, with a deduction made for the costs incurred by the organizer, which may not exceed 15 % of the originally agreed price. The participant is not entitled to claim compensation. The Organizer can accept no responsibility whatsoever for cost or damages by participant, as a con-sequence of the cancellation of the event.
6.2 The Participant must occupy the space allotted to them 24 hours before the opening of the exhibition, any participant failing to do so will forfeit their opportunity to attend. In this event the terms and conditions relating to cancellation are set out in this article however of the participant does not show the organizer may resell or reallocate such space. The organizer shall be under no obligation to compensate the participant.
6.3 In the event that a participant either wishes to cancel their participation or fails to meet any of the payment obligations (whether as to amounts or dates of payment) detailed on the application form, the organizer has then the right to apply following cancellation charges and reallocate such space:
Cancellation Occurring Cancellation Charge
Cancellations will only be refunded, less a 40% administration fee, if a written request is received before October 10, 2008. No refunds will be made after October 11, 2008.
Article 7. Reduction of Space
7.1 A participant who wishes to change their participation must notify the organizer by written notice. The organizers reserve the right to apply the cancellation charges according to Article 6 and Clause 6.3, to the total contract price. The organizers may resell or reallocate the space in question, in which case the cancellation charges remain applicable. There shall be no obligation on the organizers to accept notification of reduction. All changes are valid only if and when confirmed in writing by the organizer.
Article 8. Bankruptcy.
8.1 If a participant becomes bankrupt, insolvent, liquidates requests or obtains a moratorium, losses their capacity to liquidate their assets, as well as permanently ceasing to trade, the organizer reserves the right to terminate the participation and the terms and conditions relating to cancellation of Article 6 and clause 6.3 shall apply.
Article 9. Liability and Insurance.
9.1 Any liability of the organizers to the participant arising out of this contract shall: Be limited to direct losses/damages and shall not extend the loss of profit or any indirect matter consequential loss or damage arising Shall not exceed an amount equal to the contract price
9.2 The participant must in effect incur at his own cost, full indemnity insurance against public liability and all other usual risks in respect of loss, damage or injury to goods and persons including theft. Where a situation occurs where a participant is covered by such insurance for which the participant wishes to be compensated, then they must claim under such insurance in priority to making any claims against the organizers.
9.3 The participant shall fully indemnify the organizers against all costs claims, proceedings and losses whatsoever made against or incurred by the organizers as a result of the participant participating at the event.
Article 10. Non-compliance
10.1 In case the participant is in default for not complying with any of the obligations resting with the participant under the terms of the general conditions or any further written agreements, the organizer may dissolve the agreement without the intervention of the court with immediate effect. The participant is bound to compensate the organizer for damages suffered or to be suffered as a result of his failure to comply. At the same time any right to reserved stand space is terminated.
10.2 At the first demand by the organizer or its authorized personnel, participants must comply with the obligations resting with them under the terms of these general conditions. Should the participant refuse to comply, the organizer may demand that the participant end their participation within an hour and leave the event. The participant may not claim a refund for the period they is excluded from participating, nor is they entitled to make any claim for compensation.
10.3 The organizer is entitled to dismantle the stand of the participator and dispose of the goods by public or private sale if the participant fails to meet any of the stipulations of these general conditions.
10.4 The organizer reserves the right in its absolute discretion to exclude or remove any person whose presence (in the opinion of the organizer) is likely to be undesirable. The organizer may execute such rights notwithstanding if that the person is in any way connected or associated with the participant.
Article 11. Postponement or Abandonment
11.1 The participant shall not have any claim against the organizer in respect of any loss or damage whatsoever, as a consequence of the event failing (for whatever reason) to be held, or the event venue being or becoming wholly or partially unavailable for any reason. The organizer preserves the right under all circumstances to change the dates and/or venue of the event or alter the participants stand in size, place or design if such is deemed necessary. The participant shall not be entitled to any claim or compensation in these cases.
11.2 If by rearrangement, postponement , or by change of venue by means of any other reasonable matter, the event can be held the contracts for participation shall be binding upon all parties.
Article 12. Attendance.
12.1 The participant acknowledges that the organizer shall not be held responsible for the failure of all or any (contracted) participants to attend the event.
12.2 The organizer shall use its reasonable endeavors to organize and promote the event, in such way that is considered appropriate by the organizer. Any statements made on or behalf of organizer to the audience in projections, methods, timing and promotion shall constitute only general indications of the organizers' promotion and organizing strategy and shall not amount any representation or warranty.
Article 13. Disputes
13.1 The legal relationship between the participant and the organizer is governed by the laws of the Peoples Republic of China. All disputes will be adjudicated by the competent court of Beijing to the exclusion of any other legal body.
13.2 In the event of a dispute the Chinese version of these General Conditions will prevail.
Beijing, Peoples Republic of China, in January 2008
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