|Application of Terms & Conditions|
1. The following terms and conditions (these Terms and Conditions) apply to the supply of Exhibition hardware,audiovisual and furniture by Expoworks Proposal for Service
2. A written advice of the proposed charges in respect of the Services requested by you in the form of a quote or proposal (Estimate) will be provided to you. The Services will be provided only if you notify us in writing that you accept the Estimate (Notice).
3. If we do not receive a Notice from you within 5 working days after the date of the
Estimate, then the charges set out in the Estimate (Charges) are subject to
4. Anything provided which is not an Estimate is only a guide to our Charges.
5. Services are subject to availability. If when receiving a Notice from you, we are
not in a position to provide the Services requested, we are under no obligation to
provide those Services. We may elect to provide you with only some of the
Services requested and if you inform us that you wish to acquire those Services,
you will be provided with a new Estimate for those Services.
Confirmation, Invoicing & Payment
6. As soon as a Notice is received from you and we confirm that the Services
requested can be provided, the Estimate together with these Terms and
Conditions (the Agreement) will comprise a legal agreement which can be relied
on by us
7. Where the Agreement specifies a duration for the provision of the Services, then
that duration will be the minimum duration for the provision of the Services to you
8. We reserve the right to levy an outside ordinary hours labour surcharge for our
provision of Services by our staff commencing before 6am or concluding after
midnight, levied at our prevailing applicable rate.
9. If you require and we provide additional Services not detailed in the Estimate
(such as but not limited to late changes to the scope or orientation of your
function or event or hire (your event)) (Additional Services), then additional
charges (Additional Charges) may be imposed at our prevailing standard rates
and will be included in the final invoice issued to you. Additional
Charges may at our discretion include a late change fee for changes made less
than 48 hours before commencement of your event. Reference in these Terms
and Conditions to "Services" includes any Additional Services and reference to
"Charges" includes any Additional Charges where the context permits.
10. Cancellation of the Agreement for provision of Services within 14 days of the event build will result in the loss of your 50% deposit. (Cancellation Charge).
11. In addition to the Cancellation Charge, you must also reimburse any expenses
incurred by us in preparation for the provision of the Services including but not
limited to Preproduction Charges not already paid to us.
12. Our policies of insurance apply only in relation to our provision of Services and
do not provide any insurance cover for you or for your event. You are responsible
to effect and maintain your own insurances for your event including but not
limited to public liability and property damage insurance.
13. We reserve the right to withdraw our Services if yours or a third party’s plans are
altered or the operating environment changes to such an extent as to breach our
policies regarding safe work practices for our employees or any applicable
Occupational Health & Safety standards.
14. Delivery of any equipment, technical and decorative items provided by us as part
of the Services (Equipment) will take place at the Venue to the scheduled
location, date and time as indicated in the Estimate.
15. You must permit or obtain permission for us to enter any premises, other than the
Venue, where the Equipment is located or in order for us to provide the Services
and you must provide all reasonable assistance to enable us to provide the Services.
16. You acknowledge that in requesting the Services, you are not relying upon any
representation, promise or undertaking made by or on behalf of us (including, but not
limited to, in relation to your requirements) unless that representation, promise or
undertaking is expressly given in writing in the Agreement.
Intellectual Property and Materials
17. You are solely responsible for all intellectual property including without limitation, all copyright, designs, patents, registered and unregistered trade marks, whether
contained in any computer program or system, music, film, graphic, printed or other
material or media of any kind, (Intellectual Property) in any way used at or forming
part of your event and you must obtain all necessary licences and approvals for use.
18. All Intellectual Property provided, created or produced by us or on our behalf
including without limitation, in all systems, music, creative concepts, scripts and
styling will remain our exclusive property and you will not acquire any rights to it
19. Without limiting clause 18, you agree we can use photographs and images we take of your event and other material we create or provide (all Materials) for our
promotional purposes including as examples of our work and in any brochure,
newsletter, manual, report, website or other media, and such use may include your
name or other Intellectual Property as it appears in the Materials and we may also
alter the Materials as we determine including to remove your name or other
Intellectual Property without your prior approval as to any such use or alteration.
20. In relation to any Equipment provided as part of the Services you acknowledge that the Equipment remains our property at all times and that:
a. you are fully responsible for any theft of, loss or damage to the Equipment
which you, your employees, contractors, agents, guests, invitees or users
cause. Within 7 days after the date of any written demand, you must pay us at
i) the cost of repairing any such damaged Equipment; or
ii) the full new for old replacement cost, including any taxes or duties and
any additional expenses incurred by us, of replacement of any such
Equipment which is stolen, lost or determined by us to be irreparably
damaged (Replacement Cost);
b. you must not interfere with or take the Equipment or allow the Equipment to be
outside the Venue without our prior written consent;
c. you must ensure without demand by us that the Equipment is available for
collection during the pack down or strike time specified in the Estimate. If it is
not so available then you may incur Additional Charges; and
d. if you breach the Agreement you must permit us to retrieve the Equipment and
you indemnify us for any costs incurred by us in retrieving the Equipment.
Equipment Not Under Our Care and Control
21. If you or any of your employees, contractors or agents have possession, care or
control of any Equipment for any reason, (which possession, care or control we do
not consent to unless specifically agreed by us in writing) in addition to the above:
a. you must provide adequate security for the Equipment and must not take any
Equipment to any location other than as agreed by us in writing;
b. you must report any shortage, theft, loss, damage or malfunction in the
Equipment to us immediately you become aware of the same;
c. you must not repair or attempt to repair or allow anyone else repair any
Equipment without our prior written consent;
d. you are fully responsible for any shortage in, theft of, or loss or damage to
such Equipment which is not caused by us and must pay us within 7 days after
the date of any written demand from us, at our election:
i) the cost of repairing such damaged Equipment; or
ii) the Replacement Cost of such Equipment;
e. you must maintain and return the Equipment in the same condition as when
you took delivery of it subject to any fair wear and tear as determined by us;
f. you must only use the Equipment for the purposes for which the Equipment
was supplied and only permit use by properly qualified and (if applicable)
g. you must not cause or permit any type of lien to be created over the
Equipment, or sell, mortgage, pledge or assign the Equipment or affix the
Equipment or any part to any building or other property;
h. you must not sub-let or part with possession of the Equipment; and
i. you must return without demand by us all of the Equipment on the return date
specified in the Estimate.
Risk and Responsibility
22. Yours and any third parties. equipment or other property used or located at your
event is your responsibility and at your risk at all times. You must retrieve any such
property immediately on conclusion of your event and indemnify us from any loss,
damage, cost, expense, liability, judgment, claim, demand, suit or action we suffer
or incur or which is brought against us (all called Harm) arising in any way in
relation to such property except to the extent we cause it by our wrongful act.
23. Notwithstanding any other provision of these Terms and Conditions we have no
liability or responsibility for any failure, default or delay arising from strike, lock out,
industrial dispute, raw material shortage, delays in deliveries from suppliers or any
natural or other cause beyond our reasonable control or from any delay or failure by
any person in providing anything specified in the Agreement as to be provided by
you or anyone for you.