Please, print , sign and fax this form to (+2711) 549 8511
INTERNATIONAL EXHIBITOR CONTRACT
20 – 22 March 2011
CTICC, Cape Town, South Africa
Please register my company’s participation at UN World Water Day 2011. We agree to abide by the standard TERMS & CONDITIONS and surety clause of the contract with
Thebe Special Projects Conferences and Events (Pty) Ltd, a wholly owned subsidiary of Thebe Exhibitions & Projects Group (Pty) Ltd
EXHIBITORS DETAILS
LIST YOUR PRODUCTS AND SERVICES ON DISPLAY
Company / Organisation Name
(Pty) Ltd, CC, Trust, Partnership
Company VAT No
Company Reg. No
SALES CONSULTANT
Physical Address
Date of issued contract
*Please include the code
Sales Consultant:
Lizzy Mokhudu
Postal Address
Contact Details:
+2711 549 8300
*Please include the code
PAYMENT TERMS
Contact Person
Tel Number
On receipt of tax invoice
Full payment due before the 07/03/2011
100%
Fax Number
Mobile Number
Email Address
Website Address
Accounts Contact
Accounts Tel Number
Fascia Board Signage
STAND DETAILS AND COSTS
Venue
1.
2.
Stand Number
Ballroom
Exhibition Package
Basic
Qty
X
Comprehensive
X
Dimensions
Total m²
4m x 4m
16m
5m x 4m
20m
2
2
Cost
Includes
ZAR 39 000.00
ZAR 45 000.00
Subtotal
R
14% VAT
R
TOTAL AMOUNT DUE
R
-
Schell scheme and fascia signage
-
2 x Spotlights & 1 x plug point
-
¼ DB Board
-
Schell scheme and fascia signage
-
2 x Spotlights & 1 x plug point
-
¼ DB Board
-
1 x Brochure stand
-
1 x Counter with lockable cabinets
-
1 x Low café table & 3 x café chairs
-
2 x Plants
Please sign the contract and the terms and conditions and fax both pages back to (+2711) 549 8511
SIGNED FOR BY THE EXHIBITOR
OFFICE USE ONLY
Signature
Signature
The signatory warrants his / her authority to sign this Contract on behalf of the company, warrants
that he / she has read, fully understood and considers the company bound by the TERMS &
CONDITIONS attached.
SIGNED FOR BY ORGANISER
Date
Date
Name
Name
Natalie van Dinteren
Job Title
Job Title
General Manager
CONTRACT WITH THEBE EXHIBITIONS AND PROJECTS (PTY) LTD
STANDARD TERMS & CONDITIONS & SURETYSHIP
In this agreement the “organiser” means Thebe Special Projects Conferences and Events (Pty) Ltd, a wholly owned subsidiary of Thebe Exhibitions & Projects Group
(Pty) Ltd and its successors in title or assigns and the “exhibitor” means the party detailed in application form, which application form is an integral part of this
agreement
1.
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
2.
2.1
2.2
2.3
2.4
TERMS AND CONDITIONS
The organiser shall do everything within its power to ensure that the
location of the stand within the exhibition is as agreed in this
agreement, the organiser shall have the right to relocate the stand at
their discretion and the organiser shall not be held liable for any loss or
damage, of whatsoever cause and howsoever arising in the event of a
relocation.
Whilst the organiser will take all reasonable steps to ensure that access
to and vacant possession of the stand is given to the exhibitor for the
purpose of preparation and use of the stand upon the dates agreed in
this agreement, such dates shall be variable in the discretion of the
organiser so as to be compatible with the successful organisation of the
exhibition as a whole and the organiser shall not be held liable for any
loss or damage, of whatsoever cause and howsoever arising in the
event of a delay.
The organiser does not warrant that the stand is suitable or fit for the
purpose intended by the exhibitor or that the stand shall be in any
particular condition or state of repair. The exhibitor acknowledges that
it has satisfied itself that the stand is suitable for the purpose intended.
The organiser reserves the right in its sole and absolute discretion,
should the venue become unusable for whatsoever reason, to relocate
to a new venue in the best interests of the exhibition as a whole, and
furthermore subject to the terms and conditions of this agreement and
the organiser shall not be held liable for any loss or damage, of
whatsoever cause and howsoever arising in the event of a relocation.
The organiser reserves the right in its sole and absolute discretion,
should the dates become unsuitable for whatsoever reason, to
reschedule the dates to a time more advantageous to the success of
the exhibition as a whole and the exhibitor agrees to be bound by such
dates and the organiser shall not be held liable for any loss or damage,
of whatsoever cause and howsoever arising in the event of a
rescheduling.
The parties agree that the rule of interpretation to construe contact
terms against the drafter, namely the contra proferentum rule shall not
be applicable.
This agreement shall apply to all services rendered by organiser to the
exhibitor, to the complete exclusion of any other terms and conditions,
whether oral or in writing.
The headings in this agreement have been inserted for convenience
only and shall not be used for nor assist or affect its interpretation.
CONSIDERATION, PAYMENT AND SURETY
The consideration recorded on the exhibitor’s application to exhibit are
exclusive of VAT and shall be payable strictly in accordance with the
payment terms on the application, failing which the full amount owing
shall become due and payable without notice.
The consideration payable by the exhibitor shall be paid without
deferment, free of exchange and without any deduction or set-off of
whatsoever nature.
The exhibitor acknowledges that:
2.3.1
payment is required in full by the 07 March 2011 in order to
guarantee the exhibitors participation in the show
2.3.2
all payments made to the organiser shall only be deemed to
have been received by the organiser when same is actually
delivered to the organiser and all risk in and relating to such
payments shall lie with the exhibitor until date of delivery to
the organiser;
2.3.3
payments made directly into the organiser’s bank account
shall be at the exhibitor’s risk until confirmed as cleared funds
by the organiser’s bankers; and
2.3.4
unless otherwise specifically directed in writing by an
authorised representative of the organiser, no third party is
authorised to accept any payment due by the exhibitor on
behalf of the organiser.
In the event of any amount not being paid by the exhibitor to the
organiser on due date, the organiser will have the right, in addition to
and without prejudice to any of the organiser’s other rights or remedies
in law:
2.4.1 to charge interest at the rate of 17 % compounded monthly
interest from due date of payment until payment is received in
full, including payment for all costs and expenses (including
legal costs on an attorney own client scale) incurred by the
organiser in connection with the recovery of any payment due
to it by the exhibitor; and
2.4.2
2.5
2.6
2.7
2.8
2.9
2.10
3.
3.1
3.2
3.3
3.4
3.5
3.6
to claim all other amounts owed by the exhibitor to the
organiser which shall forthwith become due and payable.
The organiser shall, in its sole and absolute discretion be entitled to
appropriate any and all payments made by the exhibitor towards the
payment of any debt or obligation of whatsoever nature owed by the
exhibitor to the organiser, irrespective of when or how such obligation
or debt arose.
A certificate signed by a director of the organiser as to the amount
owing to the organiser by the exhibitor at any time shall be admitted as
evidence in any legal proceedings or for any other purpose whatsoever
and shall constitute prima facie proof of its contents and of the amount
owing by the exhibitor to the organiser.
Should the exhibitor want to cancel their participation on the show – a
LETTER OF CANCELLATION must be sent to the organiser. The
organiser will not accept a cancellation if the exhibitor has not given
written notification and the organiser shall not be obliged to accept or
agree to a cancellation.
If the exhibitor cancels the agreement and the organiser agrees to
accept such cancellation, the exhibitor will be liable for 100% of the
agreement value subject to the cancellation being made after the 01
February 2011.
If the party signing this agreement on behalf of the exhibitor has not
been authorised to do so the exhibitor hereby agrees that in such case
its members, directors or partners as the case may be shall be
personally liable for all obligations in terms of this agreement.
Should the Exhibitor be a Company, Close Corporation, Trust,
Association or Partnership, then the signatory hereto agrees to bind him
/ herself as surety for and co-principal debtor with the Exhibitor for all
amounts owing by the principal debtor in terms of this Agreement to the
Organiser. The Signatory hereto, further hereby renounces the benefits
and defences of exclusion and division.
STAND PREPARATION
The organiser shall be entitled to issue written and oral directives and
orders from time to time regarding methods and materials of
construction, stand layout, design and quality of installation and the
exhibitor shall timeously comply with such directives and orders.
The organiser shall at all times be entitled to free and undisturbed
access to the stand during the preparation and use thereof by the
exhibitor.
If the organiser so directs in writing the exhibitor shall be obliged to use
a agreement or designated by the organiser for the purpose of
preparing the stand and erecting the installation. If the organiser makes
such designation:
3.3.1
the exhibitor shall not be entitled itself or through any other
agreement or to prepare the stand save to the extent that the
designated agreement or declines to do so.
3.3.2
the organiser shall incur no liability or responsibility for the
due and proper performance by the designated agreement or
of its obligations in terms of the agreement concluded with the
exhibitor;
3.3.3
the agreement concluded between the exhibitor and the
designated agreement or shall be subject to the prior written
approval of the organiser.
In any event the stand shall be prepared and the installation shall be
constructed to a standard at least equal to the general standard of the
remaining stands rented by other exhibitors at the exhibition.
After completion of the installation, the organiser shall be entitled to
require the exhibitor to make such additions or changes to the
installation, as it in its discretion requires.
Ownership in and to the shell scheme shall not pass to the exhibitor nor
shall the exhibitor enjoy any rights in respect of the shell scheme save
and except those specifically granted to it in terms hereof. Upon the
termination of the exhibition the exhibitor shall return the shell scheme
to the organiser in good condition, fair wear and tear accepted. During
the course of the exhibition, the exhibitor shall maintain the shell
scheme in good order and condition and shall follow all of the
organiser’s instructions from time with regard to the use and care
thereof.
Please initial here
CONTRACT WITH THEBE EXHIBITIONS AND PROJECTS (PTY) LTD
STANDARD TERMS & CONDITIONS & SURETYSHIP
In this agreement the “organiser” means Thebe Special Projects Conferences and Events (Pty) Ltd, a wholly owned subsidiary of Thebe Exhibitions & Projects Group
(Pty) Ltd and its successors in title or assigns and the “exhibitor” means the party detailed in application form, which application form is an integral part of this
agreement
4.
4.1
USE OF THE STAND AND NO CESSION OR ASSIGNMENT
The exhibitor shall not use any form of visual or vocal apparatus on the
stand, which cause an annoyance or nuisance to other exhibitors, the
organiser or the landlord, or demonstrate any product, which produces
excessive noise. Noise levels must be confined to the stand and no
amplified sound may be heard outside the stand. Noise levels may not
exceed 70 DB.
The exhibitor shall only be entitled to distribute literature and printed
matter from its stand and shall not be entitled to distribute same
anywhere else at the exhibition without the organiser’s written consent.
The exhibitor shall not be entitled to cede, assign, transfer, make over,
sublet, subcontract, delegate or alienate any of its rights or obligations
in terms of this agreement without the organiser’s written consent.
The exhibitor shall keep the stand open and adequately staffed
whenever the exhibition is open to the public.
The nature of the services to be provided to the stand or the exhibition
site shall be in the sole and absolute discretion of the organiser.
All corner stands must be open on the aisles. Under no circumstances
may the open side/s of an aisle stand be closed with any form of walling
or partitioning.
Stand Sharing: Should you be sharing your exhibition space, please
note a R4 000.00 ex vat surcharge will apply per exhibiting company
per exhibition. This surcharge enables the organiser to supply each
sharing exhibitor the same added benefits as the main stand holder and
includes administration and registration of the sharing exhibitor.
9.
INSURANCE
The exhibitor is responsible for the insurance of any goods brought by
them into the exhibition halls. The organisers will not be held liable for
any loss in respect of such goods from any cause whatsoever and
without limiting the generality of the foregoing, whether by theft, fire,
breakage and/or negligence of any persons.
10.
10.1
5.
ATTENDANCE
The organiser does not guarantee the number of persons expected to
attend the exhibition and gives no warranties in this regard.
10.6
6.
6.1.
CANCELLATION & BREACH
The exhibitor shall not be entitled to cancel this agreement at any time
without the written consent of the organiser and this will be subject to
the conditions in 2.3 to 2.8 CONSIDERATION AND PAYMENT.
In the event that the organiser institutes legal action against the
exhibitor in terms of the provisions of this agreement, then the exhibitor
will be liable for the organiser’s legal costs on the Attorney and Client
scale, as well as collection commission, fees for tracers and advocates
fees.
10.7
GENERAL
No variation of this agreement shall be of any force or effect unless
reduced to writing and signed by the parties hereto
No indulgence or extension, which the organiser may allow to the
exhibitor, will be regarded as a variation of this agreement, or a waiver
of the organiser’s rights in terms of this agreement.
No remedy conferred by this agreement are intended to be exclusive in
any other remedy which is otherwise available in law, unless expressly
limited in this agreement. Each remedy shall be accumulative and in
addition to any other remedy granted in terms of this agreement or
otherwise available in law. The election of any one or more remedy by
any of the parties shall not constitute a waiver by such party of the right
to pursue any other remedy.
If any provision of this agreement are rendered void, illegal or
unenforceable in any respect such provision shall be severable and the
validity, legality and enforceability of the remaining provisions of this
agreement shall remain in full force and effect.
This agreement may be executed in one or more counterparts which,
when read together, will constitute a single binding agreement.
For the purpose of delivery of all notices and / or processes arising from
or in connection with this agreement, the exhibitor chooses as its
domicilium citandi et executandi the address stated in the exhibitor’s
application to the OR registered office of the exhibitor.
The parties hereby agree that the law of the Republic of South Africa
will govern this agreement.
11
STAND VETTING
In the interest of maintaining the quality level of the exhibition, the
organisers will vet all the stands by 15h00 on the last day of build up.
Should the exhibitors stand be below the standard of the exhibition or
not fit the profile of the exhibition, The exhibitor will be given notice to fix
the problem within 2 hours or the stand will be closed.
EXCLUSION OF LIABILITY
The organiser shall not be responsible for any special, direct, indirect or
consequential loss or damage to the stand or other property of any kind
brought into the exhibition by the exhibitor, its servants, employees,
agents, contractors or invitees or for any injury to the person of an
exhibitor, or any of its servants, employees, agents, contractors or
invitees howsoever such loss or damage to the stand or property; or
injury to person may be caused and notwithstanding that such loss or
damage to the stand or property, or injury to person may have been
occasioned by the fault, neglect or gross negligence of the invitees or
by the exhibition site being in or falling into a defective state of repair.
In addition, and not limiting the generality of the aforegoing, under no
circumstances shall the organiser be liable towards the exhibitor or any
other person for any loss of any nature whatsoever and howsoever
arising, including but not limited to lost goodwill, loss of profits, loss of
revenue or, difficulties which may arise out of this agreement,.
The exhibitor hereby indemnifies the organiser against all and any
actions, claims, demands, costs, charges or expenses arising or
resulting directly, or indirectly from any act, omission or negligence by
the exhibitor, its servants, agents, contractors or invitees
notwithstanding that such action, claim, demand, cost, charges or
expenses may have been occasioned in whole or in part by the fault,
neglect or gross negligence by the organiser, its servants, employees,
agents, contractors or invitees, or by the exhibition site or any
installations thereof being of falling into a defective state of repair.
12
12.1
REGISTRATION FEES
Exhibitions fees for the basic stand is R39 000.00 excluding 14% South
African Value Added Tax or $5 500.00 excluding 14% VAT to be
converted at a set exchange rate of R7.00 to the US Dollar.
Exhibitions fees for the comprehensive stand is R45 000.00 excluding
14% South African Value Added Tax or $6 500.00 excluding 14% VAT
to be converted at a set exchange rate of R7.00 to the US Dollar.
4.2
4.3
4.4
4.5
4.6
4.7
6.2
7.
7.1
7.2
7.3
8.
10.2
10.3
10.4
10.5
12.2
13
13.1
CONTACT DETAILS
Exhibition & payment queries can be directed to:
Thebe Special Projects Conferences and Events
Lizzy Mokhudu
lizzy@thebeevents.co.za
Email:
Telephone:
+27 11 549-8300
Fax:
+27 11 549-8511
14
14.1
BANKING DETAILS
Direct deposits can be made to:
Thebe Special Projects Conferences and Events
Bank:
Nedbank
Branch Code:
146-905
Account Number:
1469 157020
Copies of deposit slips or electronic payments are to be faxed or
emailed to the contact details above.
Please mark the proof of payment clearly with the name and company /
organisation of the exhibitor.
14.2
14.3
RIGHT TO USE EXHIBITORS NAME
The exhibitor hereby authorises the organisers to use the exhibitor’s
name and photographs for promotional purposes, and in so doing, the
organiser undertakes not to use such name in a derogatory fashion or
manner.
Please initial here
CONTRACT WITH THEBE EXHIBITIONS AND PROJECTS (PTY) LTD
STANDARD TERMS & CONDITIONS & SURETYSHIP
In this agreement the “organiser” means Thebe Special Projects Conferences and Events (Pty) Ltd, a wholly owned subsidiary of Thebe Exhibitions & Projects Group
(Pty) Ltd and its successors in title or assigns and the “exhibitor” means the party detailed in application form, which application form is an integral part of this
agreement
Please complete the following:
SIGNED FOR THE EXHIBITOR
SIGNATURE
The signatory warrants his / her authority to sign this agreement on behalf of the company, warrants that he / she has read, fully
understood and considers the company bound by the TERMS & CONDITIONS
Date
Name
Id Number
Company
Job Title
SIGNED FOR THE ORGANISER
SIGNATURE
The signatory warrants his / her authority to sign this agreement on behalf of the company, warrants that he / she has read, fully
understood and considers the company bound by the TERMS & CONDITIONS
Date
Name
Company
Job Title
Please initial here
