TERMS AND CONDITIONS SUSTAINABLE PLASTICS & MATERIALS EXPO 2020
In these Terms and Conditions the capitalized terms are defined as follows:
- Agreement: the
agreement between the Organizer and the Exhibitor that implies that the
Organizer, against payment of the participation fee, assigns a specific stand space to the exhibitor for the
period of the exhibition.
- Event: the Sustainable Plastics & Materials Expo 2020 that takes place on the 7 & 8 April 2020
- Exhibitor: the natural person or legal entity that concludes an Agreement with the Organizer.
- Organizer: Stichting Sustainable Plastics & Materials Expo 2020 established at Atlas theater registered in the trade register of the Dutch chamber of commerce under number.
- Terms and Conditions: these general terms and condition that form an inseparable part of the Agreement between the Organizer and the Exhibitor.
- The agreement
- The Agreement between the Organizer and the Exhibitor will be concluded at the moment of express acceptance of the quotation by the Exhibitor, the dispatch of a conformation of participation by the Organizer, the payment of the participation fee or any other deed of execution of the rights and obligations arising from the Agreement.
- These Terms and Conditions are an integral and inseparable part of the Agreement.
- These Terms and Conditions may be only varied from if expressly confirmed in writing by an authorized person of the Organizer.
- All quotations issued by Organizer are free of obligation, even if a deadline for acceptance is stipulated.
- Organizer shall at all times be entitled to revoke the offer or quotation as long as such offer or quotation has not been accepted by the Exhibitor.
- Organizer shall not be obliged to execute any accepted quotations if they are based on manifest (writing) errors.
- Acceptance by the Exhibitor of an offer of Organizer, stipulating the applicability of the Exhibitor’s general (purchasing) conditions (whether or not to the exclusion of Organizer’s general conditions) shall not have any effect insofar as it involves the applicability of the Exhibitor’s conditions and/or the exclusion of Organizer’s conditions.
- The Exhibitor is fully responsible and liable for compliance with any and all obligations arising from the Agreement.
- The Exhibitor may not – without prior consent of the Organizer – transfer his registration (or any right or obligation resulting from the Agreement) to a third party.
- Allocation and use
of stand space
- Throughout the agreed period, the Exhibitor will be allowed to use the stand space allocated to him.
- Organizer has the right to reassign and/or revise the stand space allocated to the Exhibitor prior to the commencement of the Event.
- The terms and conditions of the event location Atlas theater regarding the use and construction of the stand space apply to this Agreement.
- In addition to the
aforementioned the Exhibitor may not:
- use the stand space for a purpose other than for the purpose of the Event;
- use the stand space in a way that causes nuisance;
- use equipment, heaters or machines that are considered to be dangerous by the Organizer;
- The Exhibitor shall design and construct his stand with due observance of safety regulations and instructions.
- The stand space will be made available to Exhibitor without any fittings, furniture or other technical facilities.
- The Organizer reserves the right to issue alternative instructions regarding the stand construction.
- If, in the opinion of the Organizer, the set-up and/or design violates obligations arising from the Agreement, these Terms and Conditions or the terms and conditions of the event location, Organizer has the right to take whatever measures it deems fit at the Exhibitor’s risk and expense.
- Date and venue
- Organizer is allowed to change the dates, times and/or venue of the Event. Organizer is also allowed to decide to abandon the Event.
- Organizer will determine the build-up and breakdown times, the Event’s commencement and closing dates and times.
- Upon changes on the basis of article 4.1, the Agreement remains fully effective.
- Under no circumstances will the Exhibitor be entitled to compensations for any costs incurred or loss or damage sustained due to a decision on the basis of this article.
- Cancellation and
- Cancellations made more than 30 days prior to the commencement of the Event will be refunded less a 50% cancellation fee.
- Cancellations made more than 30 days after registering or within 30 days of the start date of the event will receive no refund.
- Any refunds will take place within 90 days after the event.
- If at any time following the conclusion of the Agreement the Exhibitor applies for suspension of payments or files for bankruptcy, the Agreement may be terminated by the Organizer by the mere occurrence of such application or filing and the Exhibitor will be required to pay the participation fee in full, without prejudice to Organizer’s right to claim costs, compensation for loss and damage incurred and interest.
- If at any time after the conclusion of the Agreement Organizer has sound reasons to assume that the Exhibitor’s participation in the Event will somehow prejudice Organizer, the Event or other exhibitors, Organizer will have the right to terminate the Agreement by registered letter with immediate effect. In that case the Exhibitor will still be required to pay the participation fee in full as well as any other costs incurred by or on behalf of Organizer at his request in connection with his participation, without prejudice to Organizer’s right to claim costs, loss and damage and interest.
- Cancellation or termination of the Agreement on account of this article will never constitute cause for compensation by Organizer to the Exhibitor for any costs incurred or loss or damage sustained.
- All invoices shall be paid within fourteen days of the invoice date without discount or setoff.
- Organizer has the right to invoice as soon as the Agreement has been concluded.
- In the event of late payment of any sum payable to Organizer interest will be charged at the statutory rate from the date on which the sum in question was originally due and payable. Any collection costs (including legal costs) are to be borne by the Exhibitor with extrajudicial collection costs being set at 15 % of the principal sum.
- If the Exhibitor fails to pay the participation fee or any other invoices payable to Organizer (in full) prior to the commencement of the build-up time, despite a written or verbal notice or notice of default, Organizer has the right to deny the Exhibitor access to the (set-up of the) Event and/or to regard the Agreement as terminated with immediate effect. In such a case the Exhibitor will still be required to pay the participation fee and all other monies payable to Organizer in full without being entitled to compensation of any costs incurred and/or loss and damage sustained due to his being denied access to the Event and/or termination of the Agreement.
- Force majeure
- Organizer shall be entitled to suspend performance of its obligations if it is temporarily prevented from complying with its obligations due to circumstances which could not be anticipated when the Agreement was concluded and which are beyond its control.
- Circumstances that cannot be anticipated by Organizer and which are beyond its control include, but are not limited to, the circumstance that suppliers and/or subcontractors fail to comply (in good time) with their obligations, weather, earthquakes, fire, loss or theft of tools, loss of materials, raw materials, ingredients, defective machinery, road blockades, strikes or stoppages, war, safety hazard, transport, import or trade restrictions.
- Organizer shall be entitled to dissolve the Agreement if it is unable to fulfil its obligations as a consequence of a circumstance as referred to in this article.
- Organizer shall not be liable for any damage whatsoever caused by dissolution or suspension on the basis of this article or as a consequence of a circumstance described in this article.
- Organizer is entitled to any and all intellectual property rights relating to the Event, including at least the brand name, logo(s) and the Event images.
- Organizer grants the Exhibitor the right to use the brand name, logo(s) and Event images for promotional purposes. Exhibitor may not use the aforementioned name, logo(s) and images for purposes other than to promote the Event or to distort them in any way.
- In case of breach of the provision contained in this article, the Exhibitor is liable for all damages and costs incurred. Subsequently Exhibitor shall, at the first request of Organizer, immediately cease the use of the brand name, logo(s) and images.
- Other than in cases of intentional act or omission or gross negligence on the part of Organizer, Organizer cannot under any circumstances be held liable for damages caused by services rendered or work carried out by it. Organizer cannot be held liable for any errors made by personnel of Organizer, by auxiliary persons or by Organizer, unless in the event of intentional act or omission or wilful recklessness.
- The aggregate liability of Organizer shall in all cases be limited to the amount covered and paid out by its liability insurance in the subject matter. The liability of Organizer for non-compliance with the Agreement shall never exceed the amount of the invoice of the relevant Agreement.
- Organizer can only be held liable for direct losses. Direct losses are defined as all reasonable costs involved in establishing the cause and extent of the loss, insofar as this relates to losses provided for in this paragraph and the reasonable costs incurred to have the non-compliance of Organizer meet the contractual requirements, insofar as this can be attributed to Organizer, and reasonable costs incurred to prevent or mitigate losses, but only to the extent that the Exhibitor can demonstrate that these costs have led to mitigation of the direct loss.
- Organizer cannot under any circumstances be held liable for indirect losses including, but not limited to, loss of profits, missed savings, company stagnation, personal injury and losses suffered by the Exhibitor or related third-parties, even in cases of failure to meet corrective action in full or in part.
- All legal relationships to which Organizer is a party shall be subject exclusively to Dutch law. An agreed alternative legal system can be demonstrated exclusively by means of a document signed by both parties.
- In the absence of mandatory statutory provision to the contrary, the civil court in Assen, the Netherlands, shall be exclusively competent to adjudicate any disputes arising from agreements between Organizer and Exhibitor. Organizer may however refer for adjudication a dispute arising from agreements between itself and Exhibitor to any court that would be competent to adjudicate that dispute in the absence of a choice of forum.