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1 Place and Duration, Organiser (Exhibition Management)
This exhibition will take place from the Nov 15th–16th 2012, in the Fair Westfallenhallen Dortmund. The stands are available for the exhibitors beginning on Wednesday, Nov 14th 2012 at 09.00 a.m. The building must be ended on Wednesday, Nov 14th 2012 at 08.00 p.m. The opening of the exhibition takes place on Thursday, Nov 15th 2012, at 10.00 a.m. The exhibition will be open:
Thursday: from 09.30 a.m. till 05.15 p.m., Friday: from 08.30 a.m. till 04.00 p.m. Dismantling of stands starts on Friday, Nov 16th 2012 not before 04.00 p.m. and must be finished at the latest on Friday, Nov 16th 2012 at 08.00 p.m. The organizer interService Borgmann GmbH, Schleefstr. 14, D–44287 Dortmund organises together with Verkehrs-Akademie Dortmund GmbH, D-44287 Dortmund and AK-LSW (Joint venture for noise protection), 59457 Werl, an Internationale conference beside the tradeshow. Attandencees will have free acces to the tradeshow.
2 Application
The application for stalls is to be exclusively made by approaching the exhibition management using the registration form No. 1 completed and officially signed. Applications made subject to additionally conditions or reservations, cannot be entertained. The application is binding to the applicant, irrespective of whether it is accepted by the exhibition management or not, from the day of its receipt by the exhibition management. The applicant accepts the general conditions of participation, technical regulations and the Special Conditions in all clauses. He is liable that even his staff and other persons commissioned by him will cope with all these regulations. The applicant will receive the technical regulations together with the forms for the technical support after admission. He is entitled to request these regulations from the organizer in advance.
3 Admission and confirmation of participation
No claim can be laid for non-admission. The exhibition management is entitled to refuse admission without giving reasons. In case of refusal no claims can be laid for any reasons whatsoever. Admission will be acknowledged by the transmission of an order confirmation (exhibitor´s confirmation) from the exhibition management. It is only valid for the exhibitor mentioned therein. No assignment to other persons is permitted. The application is binding until its acceptance or final nonacceptance. Sending of the licence finalizes the exhibition contract between interService Borgmann GmbH, Schleefstraße 14, D-44287 Dortmund, and the exhibitor.
4 Allotment of space
Allotment of space will be made in accordance with a possible arrangement of the trade fair concerned and subject to the space available. Siting requests made in the application form will be considered as far as possible. Order of receipt of applications will not be the sole deciding factor for allotment of space. No unauthorized exchange of stands is permitted, nor likewise the admission of a co-exhibitor to a stand, without the permission of the exhibition management. The exhibition management reserves the right to alter entrances and exits as well as passages for cogent technical reasons. It also reserves the right to shift the stalls for technical reasons. Alteration as to position, kind and dimensions will be communicated by the exhibition management immediately, in writing. If this entails an alteration in the stand rental, reimbursement or additional payment shall result.
5 Joint exhibitors
If several exhibitors wish to share a stand, they must name a representative in their application form who is authorized to act on their behalf in negotiations with the organizer.
6 Co-exhibitors
Co-exhibitors must be applicated by the principal exhibitor with the application form or with an enclosed list. For the admission of co-exhibitors Clause 3 is valid as well as for the principal exhibitor. Responsibility for ensuring that co-exhibitors fulfill all their commitments shall rest with the principal exhibitor.
7 Booths and terms of payment
The stall area costs, for the duration of the exhibition, in case of stand in rows (6 qm) EUR 1.260,00 stand in rows (9 qm) EUR 1.890,00 stand in rows (12 qm) EUR 2.520,00 stand in rows (15 qm) EUR 3.150,00 stand in rows (16 qm) EUR 3.360,00 stand in rows (20 qm) EUR 4.200,00 stand in rows (25 qm) EUR 5.250,00
corner stand (6 qm) EUR 1.350,00 corner stand (9 qm) EUR 2.025,00 corner stand (10 qm) EUR 2.250,00 corner stand (12 qm) EUR 2.700,00 corner stand (15 qm) EUR 3.375,00 corner stand (16 qm) EUR 3.600,00 corner stand (18 qm) EUR 4.050,00 corner stand (20 qm) EUR 4.500,00 corner stand (25 qm) EUR 5.625,00
head booth (18 qm) EUR 4.140,00
All prices are quoted ex VAT. The appropriate VAT will be added. The applicable costs will be charged for the total area rented. No extra charges will be collected fot the time of build up an removal of the stands. 50% of the stand rates have to be paid immediately after delivery of the stand rent invoice. The rest has to be paid till 15th September 2012 at the latest. Complaits about the invoice can only be considered, if they are submitted within 14 days of invoicing. Only after the total payment of the stand-rental, working cards, identification papers for the exhibitor and the participation documents will be delivered. Without the prior consent of the exhibition management, exhibitors shall not be allowed to let the stand as alloted, either fully or in part to a third party, whether for a consideration or free of charge. The fee for co-exhibitors is E 200,00 and it will be charged per participant. The exhibitor will allways be liable for payment of the co-exhibitor's fee. The exhibition management is entitled, but not obliged, to dispose of the booth in another way, if rental has not been paid in time. In case of a settlement sub-judice or of opening of bankruptcy proceedings as to the bankrupt exhibitor´s estate, or if such a petition is refused for lack of funds, the organizer is entitled to revoke the contract without notice. The exhibitor has to inform the organizer forthwith and at all events of the institution of a judical composition or of bankruptcy proceedings. The exhibitor is not entitled to set off against the claims of the organizer for payment of stallages or other charges, any counter-claims or to maintain a right to withhold payment. For all outstanding liabilities, the organizer may retain by way of lien the stand equipment and the exhibits of the exhibitor concerned. Sect. 560, Paragraph 2, of the German Civil Code shall not apply. If the payment is not made within 6 months, the organizer may sell the retained items at its discretion. The organizer will not be liable for damage and/or loss of the retained items. Stallage and all other compensations are net prices with the addition of purchase tax in the amount fixed by law, which must be accounted for and paid, even by foreign exhibitors.
8 Withdrawal of Application
Once admission has been confirmed, the exhibitor must pay the full rental even if he withdraws his application or fails to exhibit. The organizer also reserves the right to assert claims for damages. If a co-exhibitor withdraws his application or fails to exhibit, the total charge has to be paid. The exchange of areas not made use of, effected by the exhibition, does not release the exhibitor from his financial obligation. If the exhibitor rejects the stall surface allocation to him, and if the exhibition management can arrange to let it to another exhibitor (no occupation by interchange), the exhibitor will have to pay 25% of the stallage fee, or at least a withdrawal fee of Eur 250,00.
9 Cancellation of Admission
The organizer is entitled to revoke confirmation of admmission, if important reasons come up. Even in this cases the organizer also reserves the right to assert claims for damages.
10 Outfit, building up of stalls
To achieve a pleasing total view, the exterior appearance of the stalls will besupervised by the exhibition management. The stall are fully equipped with walls, tabels. chairs,lights, electricity and traverse (s.a. 7.). The universal overall height inside the halls amounts, as rule, to 2,50 m. Exceptions can only be granted, when special circumstances prevail. Corresponding applications are to be made to the exhibition management in time to enable the latter to give its final decision.
Care must be taken that all police regulations, also with regard to traffic, building, building codes and fire-fighting, are adhered to. The exhibition-management is entiteled to close the stall or to set it in proper order at the expense of the exhibitor, if public regulations are not adhered to.
11 Exclusion of Exhibits
The exhibition management is entitled to demand the removal of exhibits or any other good, which might be dangerous, causes annoyance or might be otherwise unsuitible.
12 Force Majeure
If the organizer is prevented by force majeure from holding the trade fair, he is required to notify the exhibitors accordingly without delay. Basically, the claim to stand rental is voided, but the organizer may charge the exhibitor for work carried out to his order to the extent of the costs incurred, insofar as the result of such work may sill be of interest for the exhibitor. If the organizer has to postpone the trade fair by force majeure to a later date, he is likewise required to notify the exhibitors accordingly without delay. The exhibitor is entitled to cancel his participation in the trade fair at the new time within one week of receiving such notification, in which case he is entitled to refund or cancellation of the stand rental. If the organizer is compelled to curtail or cancel an event for reasons of force majeure after it has commenced, the exhibitor has no claim to any refund or cancellation of the stand rental. Further rights to assert claims for damages are excluded for both parties.
13 Exclusion of liability, prevention of accidents
With regard to any damages caused to persons or objects on the whole exhibition area or the open-air ground also during periods of assembling and dismantling the exhibition management and the organizer do not assume any responsibility whatsoever. The exhibitor will be responsible for any damages caused by his authorized agents or by persons working for him or by his exhibits. The exhibitor is under an obligation to fit safety devices to the machines and apparatus that correspond to the accident preventives of the employers' liability insurance. The guards on machines, not in running order may be only temporarily removed for the purpose of explaining the construction and the quality of the covered components. In this case the safety devices must be placed close to the machines and they must be clearly defined. The exhibition management is entitled to forbid at any time the operation of machines and apparatus which, in its opinion, expose persons to danger or cause vexation to visitors and other exhibitors. The exhibitor will be held responsible for any damages caused to persons or objects by his operation. The exhibitor should present a liability insurance on request.
14 Assertion of demands
All the agreements concerning the technical exhibition need stipulation in writing or the written confirmation of the exhibition management. Any eventual claims on the part of the exhibitor concerning the agreements are to be placed in writing not later than 31st Dezember 2010, and addressed to the exhibition management. Any claims made at a later date, will be considered to fall under the statute of limitation. In addition to the cases of force majeure, which are settled in Clause 12, even the exhibition management is entitled to postpone, curtail, extend or cancel the event, if important reasons come up. In such justifiable, exceptional circumstances exhibitors shall not be entitled to rescind their contracts or to claim damages, nor reduction of participation charges. If the event cannot take place, for the afore-stated reasons, exhibitors can be charged up to 25% of the participation charges to cover incidental expenses. No participation charges will be payable, if the exhibition management is responsible for the cancellation of the event.The exhibition management will entertain no claim for damages. The contributions paid in advance for stallage, advertising etc. will not be refunded.
15 Direct Selling
Direct selling is allowed. The objects for sale must be marked clearly with their prices. Exhibitors are responsible for ensuring that they obtain the necessary permits from the relevant trade and health authorities and comply with regulations.
16 Advertising
Advertising of all kinds is allowed only within the area rented by the exhibitor for the exhibitor´s own firm and only for items produced or distributed by him. The use of apparatus and equipment with which an incrased advertising effect is achieved by optical or acoustical means requires the written consent of the organizer. In addition to this the exhibitor has, if necessary, to apply for a licence for musical reproductions of any kind to GEMA upon payment of charges. Advertising of a political nature is forbidden.
17 Photography
The organizer is entitled to have photographs, drawings and films made of the trade fair, exhibits and trade fair constructions and stands and to use these for publicity or press purpose without exhibitors being able to object for any reason. This also applies to photographs produced directly by the press or television with the consent of the organizer.
18 Cleaning
The organizer is responsible for general cleaning of the grounds and hall passages. Stand cleaning is the responsibility of exhibitors and must be completed daily before the opening of the trade fair.
19 Supervision
The organizer will arrange for general supervision in the exhibition centre. This shall not affect the exclusion of liability of Clause 13. Exhibitors are strongly recommended to make their own arrangements for the security of their stands and exhibition items and effect appropriate insurance cover. Valuable items which can be easily removed should be locked away during the trade fair is closed.
20 Incidental entertainment
Incidental entertainment organized by the exhibitor requires, in principle, the written consent of the exhibition management. Entertainment of any kind performed during Nov 15th–16th 2012 inside and outside the stands are considered incidental entertainment within the meaning of the conditions of participation. They include marketing endeavours to promote sales, as, for instance, demonstrations of potential production, press conferences, training seminars for firms (or groups of firms), organized visits to factories and similar arrangements to which visitors are invited to attent. Standparties after 6:00 p.m. should be registert at the exhibition-manager.
21 Recognition of the rule of the house and of the place
The tenant recognizes the precedent conditions of participation, technical regulations of the forms and the Exhibitors' Manual for himself and his authorized agents when effecting his application, and in particular the regulations promulgated by the local police, the fire-brigade, the public health service, the industrial code and any other additional directions, the regulations concerning the forwarding and the payment of duties of goods, the rule of the house and of the place of the Westfallenhallen Dortmund as well as the special concering directions the realization of advertising.
With regard to any competitive measures on the part of an adjoining neighbour or of an exhibitor whose stall is near-by and advertising activities proceeding next to his stall, or when inconvenienced by noise of any other annoyances, exhibitors will have no right in any indemnifications of the like, against the organizer or the exhibition management (interService Borgmann GmbH). The exhibition management exercises domestic authority and the controlling power in the exhibition halls, and is therefore to pronounce the immediate exclusion from the exhibition in case of violation of the conditions of the exhibition or the domestic authority. If the exhibitor does not comply with these demands, the exhibition management can have the stall vacated by its agents and cause, if necessary, the storage of the exhibits at the cost of the exhibitors, without being responsible for any objects or of damages to the same.
22 Industrial legal protection
The safeguarding of the privileges of the author or any other industrial legal rights concerning the exhibits is the business of the exhibitors. A protection for a period of 6 months beginning with the opening of the exhibition on the strength of the law concerning the protection of inventions, patterns and trademarks dated 18.3.1984 (Government, Paper, page 141) will only take place, should the Federal Ministry of Justice have cause to publish an official notice in the Federal Law Gazette. A corresponding application for the Noise Protection exhibition will be made by the exhibition management.
23 Miscellaneous matters
The exhibition management reserves the right to introduce any alterations that prove necessary.
24 Place of Fulfilment and Jurisdiction
The place of Fulfilment is Dortmund. The same applies to the place of jurisdiction when the exhibitor is a merchant in his own right or a juristic person under public law or does not have a general inland place of jurisdiction.
Exhibition Organiser: interService BORGMANN GmbH Schleefstraße 14, D-44287 Dortmund Tel.: +49 (0)231/12 80 10 Fax: +49 (0)231/129 70 37
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