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All Trader bookings for Excalibur Computer Fairs are made under the following Terms and Conditions:
THIS AGREEMENT is made BETWEEN (1) EXCALIBUR COMPUTER FAIRS LTD The Techno Centre, Coventry University Technology Park, Puma Way, Coventry, West Midlands AND (2) You the Exhibitor
NOW IT IS AGREED as follows:
1. Definitions and Interpretation
In this Agreement
- 1.1 “the Designated Hours” means 10.00am to 3.00pm / 5.30 to 9.00pm Evenings.
- 1.2 “the Exhibition Fee” means £30.00 per 6 ft X 2.5 ft exhibition space/ area.
- 1.3 “the Exhibition Period” means the date specified on the booking form.
- 1.4 “the Set Up Hours” means 7.30am to 9.30am 3.00pm to 9.00pm Evenings.
- 1.5 “the Venue” means the venue specified on the booking form.
2. Usage of “Venue” by Exhibitor/Rights Granted to Exhibitor
Subject to Clauses 3 and 4 Excalibur gives the Exhibitor the right (in common with Excalibur and all others authorised by Excalibur so far as is not inconsistent with the rights given to the Exhibitor) for the Exhibitor and all persons being employees officers agents subcontractors and staff of the Exhibitor or persons properly authorised by the Exhibitor being their guests or invitees to use the Venue for the Exhibition Period during the Set Up Hours and the Designated Hours.
3. Exhibitors Undertakings
The Exhibitor agrees and undertakes:
- 3.1 To pay to Excalibur the Exhibition Fee on the day of the exhibition Period.
- 3.2 To take out adequate insurance to cover public liability personal injury theft damage and any other risk required by Excalibur.
- 3.3 To observe and comply with the Rules of the Venue.
- 3.4 To keep the Venue clean and tidy and clear of rubbish.
- 3.5 To indemnify Excalibur and keep Excalibur indemnified against all losses claims demands actions proceedings damages costs or expenses or other liabilities arising in any way from this Agreement resulting directly or indirectly from any breach of any of the undertakings on the part of Exhibitor.
- 3.6 To indemnify Excalibur and keep Excalibur indemnified against all losses claims demands actions proceedings damages costs or expenses or other liabilities arising as a direct or indirect result or consequence of any action or omission by the employees officers agents sub-contractors staff guests or invitees of the Exhibitor in the exercise or purported exercise of the rights given in Clause 2.
- 3.7 To observe such rules and regulations as Excalibur may make and of which Excalibur shall notify to the Exhibitor from time to time governing the use of the Venue.
- 3.8 To park vehicles only in designated areas as informed by Excalibur from time to time.
- 3.9 To ensure/be satisfied that trade stands are checked prior to setting up and comply with all safety requirements and are safe to set up at the Venue.
- 3.10 Not to use the Venue in such a way as to cause any nuisance damage or disturbance annoyance inconvenience or interference to any neighbouring or adjoining property or Exhibitors.
- 3.11 Not to do any act matter or thing which would or might constitute a breach of any statutory requirement affecting the Venue or which would or might vitiate in whole or in part any insurance effected in respect of the Venue from time to time.
- 3.12 Not to impede in any way Excalibur or its officers servants or agents in the exercise of Excalibur’s rights of possession and control of the Venue.
- 3.13 Not to attach any form of sign and/or advert to the walls or any other fixture at the Venue or distribute any marketing or promotional material of any nature whatsoever without the express consent of Excalibur (where such consent may be withheld at the absolute discretion of Excalibur without assigning any reason therefore).
- 3.14 Not to breach fire regulations of the Venue.
- 3.15 Not to advertise any other computer fairs or events at the Exhibition.
- 3.16 Not to solicit other exhibitors (traders) for other computer fairs or associated/related events.
- 3.17 Not to consume food or drinks or smoke at the Venue where this is prohibited by Excalibur.
- 3.18 Not to sublet or share the stand with any other exhibitor or trader.
- 3.19 Not to overload any power supplies and to remove any equipment connected to any power supply if directed to do so by Excalibur.
4. Standard Reservations
- 4.1 Reservations for space at the Exhibition shall be made by the Exhibitor on a Reservation Form or in writing on the Exhibitor’s business letterhead accompanied by a utility bill showing a corresponding address for the Exhibitor. The Exhibitor shall state in the Reservation Form or on its business letterhead their full requirements including details of space and power and details of the type of goods and products the Exhibitor shall have for sale at the Exhibition
- 4.2 Acceptance of reservations by Excalibur shall be subject to availability and Excalibur cannot and does not guarantee at the time of the reservation booking by the Exhibitor that the required space shall be available at the Venue. Excalibur can refund the Exhibition Fee at any time without liability.
- 4.3 Excalibur reserves the right to decline any booking by the Exhibitor if in the opinion of Excalibur the booking is considered detrimental to the good reputation of the Exhibitions and the decision of Excalibur to decline shall be final
- 4.4 All confirmed reservations shall be subject to the terms and conditions of Excalibur and as included in this Agreement
- 4.5 Reservation of confirmed spaces at the Venue during the Exhibition Period or any days therein are subject to arrival and set up by the Exhibitor at the Venue between the Set Up Hours. Excalibur reserves the right to re-let the space allocated to the Exhibitor if the Exhibitor has not commenced set-up by 09:30 hours / 5.00pm Evenings and there shall be no refund payable to the Exhibitor in such circumstances or for failure to commence set-up by 09:30 hours /5.00pm Evenings
- 4.6 The Exhibitor must advise Excalibur by telephone and in writing of any cancellation by the Exhibitor immediately. Any cancellation within 24 hours of the start of the Exhibition Period will not result in a refund. A notice given in accordance with this clause by the Exhibitor to Excalibur shall not be valid until legibly received by Excalibur.
5. Conduct
- 5.1 Upon purchase by a customer the Exhibitor shall give to the customer a receipt with a printed header which shall detail the trading name address and telephone number of the Exhibitor and shall state the date of purchase items purchased and amount paid for the purchase.
- 5.2 The Exhibitor shall display a printed notice at its stand which shall be visible to all attendees detailing the trading name current address and telephone number of the Exhibitor.
- 5.3 The Exhibitor shall not breach any third party intellectual property right howsoever and whensoever arising including (but without limitation) any copyright, patent, design, registered design right, trade mark, database right or goodwill.
6. General
- 6.1 The Rights granted in Clause 2 shall determine (without prejudice to Excalibur’s rights in respect of any breach of the undertakings contained in Clause 3) immediately on Notice served by Excalibur at any time following any breach by the Exhibitor of their undertakings contained in Clause 3.
- 6.2 The benefits of this Agreement are personal to the Exhibitor and the rights given in Clause 2 may not be assigned.
- 6.3 Excalibur gives no warranty that the Venue is legally fit for any specific purpose.
- 6.4 Excalibur shall not be liable for any damage to any property of or for any losses claims demands actions proceedings damages costs or expenses or other liability incurred by the Exhibitor or any person referred to in Clause 2 in the exercise or purported exercise of the rights acquired in Clause 2. In the event of Excalibur having any liability in contract tort or otherwise then Excalibur’s total liability shall be limited to the value of the Exhibition Fee.
- 6.5 The Exhibitor shall comply with all legislation and rules relating to the sale of products and/or services and all related legislation and with current trading standard requirements applicable in the United Kingdom from time to time.
- 6.6 Where a customer at the Exhibition is unable to resolve a reasonable complaint with the Exhibitor Excalibur reserves the right to intervene in order to resolve the complaint to make progress in resolving the complaint and the Exhibitor agrees to indemnify Excalibur for any associated costs incurred by Excalibur therein.
- 6.7 Excalibur shall not be liable for any damage or loss of stock left by the Exhibitor its agents employers or sub-contractors at the Venue at any time during the day or night and Excalibur’s total liability in contract, tort or otherwise under this entire agreement shall be limited to the Exhibition Fee.
- 6.8 Where an Exhibition runs for more than one day and the Exhibitor wishes to leave any assets or equipment overnight at the Venue then the Exhibitor shall be required to make sure that they are fully insured against any loss or damage that may result within the Venue. In the event of any loss in accordance with this Clause then the Exhibitor shall be required to claim upon their insurance. The Exhibitor shall not be entitled to have access to the Venue outside of the Designated Hours.
- 6.9 Excalibur shall not be liable for failing to perform the Agreement whether wholly or in part if the failure is caused wholly or in part by any circumstance or circumstances outside the control of Excalibur.
- 6.10 The clause headings do not form part of this Agreement and shall not be taken into account in its construction or interpretation.
- 6.11 This Agreement (together with any documents expressly incorporated or referred to herein) constitutes the sole and entire agreement between the parties hereto relating to its subject matter and no variations hereto shall be effective unless made in writing and signed by Excalibur and the Exhibitor.
- 6.12 This Agreement shall be governed in all respects by English Law and the parties hereto submit to the non-exclusive jurisdiction of the English Courts.
- 6.13 If any part of this Agreement is held by the Court to be invalid void or unenforceable in the jurisdiction of the Court in which that decision is made the remainder of the provisions of this Agreement shall remain in full force and effect and shall in no way be affected impaired or invalidated.
- 6.14 The Contracts (Rights of Third Parties) Act 1999 is expressly excluded from this Agreement.
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Trade Terms and Conditions
