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Standard Terms and Conditions
1. INTERPRETATION
1.1 In these conditions the following words have the following meanings:
"Application Form" means the application form issued from time to time by BETA International for applications for Bookings;
"BETA International" means Equestrian Management Consultants Limited (Co.No.01330996) whose registered office is at Stockeld Park, Wetherby, West Yorkshire LS22 4AW trading as BETA International;
"Booking" means the right to exhibit products or services at the Exhibition (and the reservation to do so);
"Contract" means any contract between BETA International and the Exhibitor for a Booking, incorporating these conditions;
"Exhibition" means the BETA International Trade Fair 2009;
"the Exhibitor" and/or "you" means the person(s), firm or company who wishes to exhibit their products or services at the Exhibition organised by BETA International;
"Exhibitor Notes" means the exhibitor notes issued from time to time by BETA International in relation to the Exhibition; and
"Prospectus" means the prospectus issued from time to time by BETA International in relation to the Exhibition.
1.2 In these conditions references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
1.3 In these conditions references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
1.4 In these conditions headings will not affect the construction of
these conditions.
2. APPLICATION OF TERMS
2.1 Subject to any variation under condition 2.5 the Contract will be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Exhibitor purports to apply under any purchase order, confirmation of order, specification or other document) save as provided for in condition 2.2.
2.2 The Exhibitor shall be bound by all obligations and responsibilities set out in the Application Form, Exhibitor Notes and Prospectus and any breach of any such obligations or responsibilities shall be deemed to be a breach by the Exhibitor of its obligations under these conditions.
2.3 Notwithstanding the provisions of condition 2.2 and the contents of the Application Form, Exhibitor Notes and Prospectus, the maximum liability or obligations of BETA International in respect of any Contract is as set out in these conditions.
2.4 In the event that there is any conflict between the interpretation of the rights and obligations of the parties under the Application Form, Exhibitor Notes or Prospectus and these conditions, the contents of these conditions shall prevail.
2.5 These conditions apply to all BETA International's dealings with any Exhibitor and any variation to these conditions and any representations about the Booking shall have no effect unless expressly agreed in writing and signed by the Organisers of BETA International, Equestrian Management Consultants Limited.
2.6 Each order for a Booking by the Exhibitor shall be deemed to be an offer by the Exhibitor to purchase a Booking subject to these conditions.
2.7 No order for a Booking placed by the Exhibitor shall be deemed to
be accepted by BETA International until a written acknowledgement of
order is issued by BETA
International. BETA International shall have discretion to accept an
offer notwithstanding that no deposit has been received.
2.8 The Exhibitor must ensure that the terms of its order and any applicable
specification are complete and accurate.
3. DESCRIPTION
3.1 The description of the Booking shall be as set out in BETA International's acknowledgement.
3.2 All drawings,descriptive matter,specifications and advertising issued
by BETA International and any descriptions or illustrations contained
in BETA International's
acknowledgement,catalogues or brochures are issued or published for the
sole purpose of giving an approximate idea of the Booking. They will
not form part of this Contract.
4. RESERVATIONS/CANCELLATIONS
4.1 BETA International reserves the right to refuse any application for a Booking.
4.2 All applications for Bookings must be made in accordance with the Application Form, Exhibitor Notes and Prospectus.
4.3 Any liability of BETA International for failure to honour a Booking shall be limited to issuing a credit note at the Contract rate against any invoice raised for such Booking.
4.4 In the event that an Exhibitor wishes to cancel a Booking, BETA
International shall be entitled to recover full payment due under the
Contract and any waiver of such right (even if indicated in the Application
Form,Exhibitor Notes and Prospectus) can not be relied upon by the Exhibitor
in respect of either the Contract or any future dealings with BETA International.
5. RISK/IP
5.1 The Exhibitor is required to take out employee and public liability insurance for at least the levels and standard of cover set out in the Prospectus.
5.2 The Exhibitor (together with its agents, officers and employees) is responsible for any damage caused to people or property at the Exhibition and shall be solely responsible for any liability arising from its actions or omissions.
5.3 The Booking will automatically be terminated immediately and without refund if:
(a) the Exhibitor has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any Act for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for the winding up of the Exhibitor or for the granting of an administration order in respect of the Exhibitor, or any proceedings are commenced relating to the insolvency or possible insolvency of the Exhibitor; or
(b) the Exhibitor suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe/perform any of his/its obligations under the Contract or any other contract between BETA International and the Exhibitor, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Exhibitor ceases to trade; or
(c) any event comparable to the events set out in (a) or (b) above occurs in relation to the Exhibitor in any other jurisdiction.
5.4 Notwithstanding the provisions of sub-clause 5.3 above, the Booking may be terminated immediately and without refund by BETA International if the Exhibitor breaches any of the terms of the conditions.
5.5 Nothing contained in the Contract grants the Exhibitor any rights in respect of the intellectual property owned by BETA International.
5.6 The Exhibitor hereby grants to BETA International such licenses
and rights in respect of the Exhibitor's intellectual property
as are required by BETA International for the publicising and running
of the Exhibition and shall upon request assist BETA International in
its use of any such intellectual property.
6. PRICE
6.1 Unless otherwise agreed by BETA International in writing the price for the Booking shall be the price set out in BETA International's acknowledgement of the Booking.
6.2 The price for the Booking shall be exclusive of any value added
tax and all costs or charges (including those in relation to loading,
unloading, carriage, insurance and others as detailed in the Application
Form, Exhibitor Notes and Prospectus) all of which amounts the Exhibitor
will pay in addition when due.
7. PAYMENT
7.1 Payment of the price for the Booking is due in accordance with the Application Form, Exhibitor Notes and Prospectus.
7.2 Time for payment shall be of the essence.
7.3 No payment shall be deemed to have been received until BETA International has received cleared funds.
7.4 All payments payable to BETA International under the Contract shall become due immediately upon termination of this Contract despite any other provision.
7.5 The Exhibitor shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Exhibitor has a valid court order requiring an amount equal to such deduction to be paid by BETA International to the Exhibitor.
7.6 If the Exhibitor fails to pay BETA International any sum due pursuant
to the Contract the Exhibitor will be liable to pay interest to BETA
International on such sum from the due date for payment at the annual
rate of 4% above the base lending rate from time to time of Natwest Bank,
accruing on a daily basis until payment is made, whether before or after
any judgment.
8. LIMITATION OF LIABILITY
8.1 The following provisions set out the entire financial liability of BETA International (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Exhibitor in respect of:
(a) any breach of the Contract;and
(b) any representation,statement or tortious act or omission including negligence arising under or in connection with the Contract.
8.2 All warranties,conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
8.3 Nothing in these conditions excludes or limits the liability of BETA International for:
(a) death or personal injury caused by BETA International's negligence,or
(b) fraudulent misrepresentation.
THE EXHIBITOR'S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF
CONDITION 8.4
8.4 Subject to conditions 8.2 and 8.3:
(a) BETA International's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the price received by it from the Exhibitor pursuant to the Contract; and
(b)BETA International shall not be liable to the Exhibitor for any indirect
or consequential loss or damage (whether for loss of profit, loss of
business, depletion of goodwill or otherwise), costs, expenses or other
claims for consequential compensation whatsoever (howsoever caused) which
arise out of or in connection with the Contract.
9. ASSIGNMENT AND SUBLETTING
9.1 The Exhibitor shall not be entitled to assign the Contract or any part of it without the prior written consent of BETA International.
9.2 The Exhibitor shall not be entitled to sublet any Booking granted to it (or any part thereof) without the prior written consent of BETA International.
9.3 BETA International may assign the Contract or any part of it to
any person, firm or company.
10. FORCE MAJEURE
10.1 BETA International reserves the right to cancel the Contract or
change the terms of the Booking ordered by the Exhibitor (without liability
to the Exhibitor) if it is prevented from or delayed in the carrying
on of its business or holding the Exhibition due to circumstances beyond
the reasonable control of BETA International including, without limitation,
acts of God, acts of terrorism, governmental actions, war or national
emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs,
strikes or other labour disputes (whether or not relating to either party's
workforce), or restraints or delays affecting carriers or inability or
delay in obtaining supplies of adequate or necessary materials.
11. GENERAL
11.1 Each right or remedy of BETA International under the Contract is without prejudice to any other right or remedy of BETA International whether under the Contract or not.
11.2 If any provision of the Contract is found by any court, tribunal
or administrative body of competent jurisdiction to be wholly or partly
illegal, invalid, void, voidable, unenforceable or unreasonable it shall
to the extent of such illegality, invalidity, voidness, voidability,
unenforceability or unreasonableness be deemed severable and the remaining
provisions of the Contract and the remainder of such provision
shall continue in full force and effect.
11.3 Failure or delay by BETA International in enforcing or partially
enforcing any provision of the Contract will not be construed as a waiver
of any of its rights
under the Contract.
11.4 Any waiver by BETA International of any breach of, or any default under,any provision of the Contract by the Exhibitor will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
11.5 The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
11.6 The formation, existence, construction, performance, validity and
all aspects of the Contract shall be governed by English law and the
parties submit to the exclusive jurisdiction of the English courts.
12. COMMUNICATIONS
12.1 All communications between the parties about this Contract must be in writing and delivered by hand or sent by pre-paid first class post or sent by facsimile transmission:
(a) (in case of communications to BETA International) to its registered office or such changed address as shall be notified to the Exhibitor by BETA International; or
(b) (in the case of the communications to the Exhibitor) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Exhibitor set out in any document which forms part of this Contract or such other address as shall be notified to BETA International by the Exhibitor.
12.2 Communications shall be deemed to have been received:
(a) if sent by pre-paid first class post, 2 days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting);
(b) if delivered by hand,on the day of delivery;
(c) if sent by facsimile transmission on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.
12.3 Communications addressed to BETA International shall be marked
for the attention of the Trade Fair Organiser.
13. JURISDICTION
13.1 The validity,construction,interpretation and performance of these conditions and any Contract shall be governed by English law. Any dispute arising under or in connection with these conditions or any Contract shall be subject to the exclusive jurisdiction of the English courts to which the parties to the Contract hereby submit.
