All services, including the supply of property (“the services”) are undertaken by The Expo People Limited (“the Company”) subject solely to these
conditions unless otherwise agreed in writing by a Director of the Company.
The contract price is based on costs ruling at the time of a quotation and if between that time and the termination of the services any rise or fall
in costs or variation in the services shall occur the contract price shall be amended to provide therefor.
Unless otherwise stipulated by the Company fifty per cent of the contract price shall be paid by the Client when its order is placed, the balance
being payable against invoice fourteen days prior to show start date. All terms are strictly net. The Company reserves the right to charge interest
at 3% above Bank of England Minimum Lending Rate calculated on a daily basis on invoiced amounts not settled within the stated timescales.
The Company shall be relieved of its contractual obligations in event that performance thereof is prevented or delayed directly or indirectly by an
act of God; war, riot, strike action, labour disturbance, industrial dispute, fire, flood explosion, shortage of material or labour or any cause beyond
the control of the Company. If for any of these reasons the contract is not completed the client shall pay the Company the contract price less the
cost of labour and material not expended.
All property supplied by the Company (“Company’s property”) shall unless otherwise agreed in writing be on hire from the beginning of the day
when the Exhibition opens until collected by the Company after the close of the Exhibition (“the hire period”). The Company will insure the
Company’s property against loss or damage by fire, explosion, aircraft, riot, civil commotion and malicious damage but the Client shall be liable
for and shall indemnify the Company against all other loss or damage to the Company’s property during the hire period unless such loss or
damage results from negligent act or omission by the Company.
CLIENT’S OR OTHER OWNER’S PROPERTY
The Client warrants that it is the owner of the exhibits and any other property whatsoever entrust to the Company’s custody or control (“Clients
property”) or is authorised by the owner to accept these Conditions on the owner’s behalf. The Company shall not be liable for loss of or damage
to the Client’s property however, whenever or whosesoever caused and whether or not such loss or damage results from negligent act or
omission by the Company.
LIABILITY TO OTHERS
The Client shall be liable for and shall indemnify the Company against claims arising from injuries sustained by persons and loss of or damage to
property (not being the Company’s property nor the Client’s property) arising from the services during the hire period howsoever caused unless
such injury, loss or damage results from negligent act or omission by the Company.
The Company shall not under any circumstances be liable for any direct or indirect consequential loss arising from the services howsoever,
whensoever or wheresoever caused and whether or not resulting from negligent act or omission by the Company.
The Client shall comply with all regulations and conditions imposed by any exhibition organiser, promoter, hall owner or local or other authority
and shall be responsible for obtaining their written consent to any modification thereto or waiver thereof as may be necessary to enable the
Company to perform the contract. The Client shall communicate to the Company such of these regulations and conditions as may affect the
services and indemnify the Company against all liabilities arising from noncompliance with any of the said regulations and conditions unless
resulting from negligent act or omission by the Company.
SUB-CONTRACTORS AND EMPLOYEES
The Company may sub-contract all or any part of the services except insofar as the client otherwise instructs the Company in writing. The
Company contracts for itself and as agent of and trustee for its employees and sub-contractors and their employees and any reference in the
above Conditions to “the Company” shall be deemed to include every such employee and sub-contractor.
The contract shall be governed by the construed in accordance with English Law and be within the exclusive jurisdiction of the English Courts.
THE EXPO PEOPLE LTD
S8 0ZF, UK
TEL: +44 (0) 114 321 2498
EMAIL: [email protected] WEBSITE: www.theexpopeople.co.uk
REGISTERED IN ENGLAND NO. 08347221
GENERAL CONDITIONS OF BUSINESS
1.1 In these conditions: ‘The Contractor’ means The Expo People Ltd which agrees to perform the Contract Work. ‘Contract Work’ means any or
all of the work, which the Contractor agrees to perform and/or the services which the Contractor agrees to provide including the provision of
Goods on hire or by sale. ‘Goods’ means all goods of whatsoever description including but not limited to materials, plant, equipment, machinery
and fittings. ‘Customer’ means the person, firm or corporate body who agrees to purchase Contract Work. ‘Contract’ means any contract
between the Contractor and the Customer for the carrying out of Contract Work.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or
extended at the relevant time.
1.3 The headings in these conditions are for convenience only and shall not affect the interpretation of a Contract.
2. ORDERS AND SPECIFICATION
2.1 These conditions shall apply to every Quotation and Contract. The Contractor shall not be bound by any terms or conditions, which may be
inconsistent with these Conditions.
2.2 No variation of, or addition to, these Conditions shall be effective unless in writing and signed by the Contractor.
2.3 Any advice or recommendation given by the Contractor or its employees or agents to the Customer concerning Contract Work prior to the
making of the Contract to which it relates, which is not confirmed in writing by the Contractor when such Contract is made, is followed or acted
upon entirely at the Customer’s own risk and the Contractor shall not be liable for any such advice or recommendation.
2.4 Any typographical or clerical error or omission in any Quotation, price list, acceptance, invoice or other such document issued by the
Contractor shall be subject to correction without any liability on the part of the Contractor.
2.5 All specifications, descriptions, drawings, designs, measures or other information provided by the Contractor in relation to Contract Work
and/or Goods are approximate, howsoever provided, shall not form part of a Contract and, with relation thereto, the Contractor reserves the
right to incorporate modifications or amendments in Contract Work.
2.6 No Contract shall be created unless the Contractor has accepted in writing a Quotation acceptance or order placed by the Customer,
irrespective of how, such Quotation acceptance or order is expressed and whether it results from a prior quotation or arises otherwise.
2.7 The Customer shall be responsible to the Contractor for ensuring the accuracy of the terms of any order or other material (including any
applicable specification) submitted by it or on its behalf and for giving the Contractor any necessary information relating to Contract Work within
a sufficient time to enable the Contractor to perform the Contract in respect thereof in accordance with its terms.
2.8 The Customer shall be responsible to the Contractor for obtaining all necessary Licences and other permissions whatsoever for the
performance of Contract Work.
2.9 The Customer shall be responsible for ensuring that every building, path, private road, open space or other property to be used in the
performance of Contract Work is safe and suitable for the intended use and, without limitation of the foregoing, is adequately served with all
required public utilities.
2.10 The Customer may not cancel a Contract unless the Contractor agrees in writing and then on the terms that the Customer shall indemnify
the Contractor in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), claims, actions, damages,
charges and expenses incurred by the Contractor as a result of cancellation.
2.11 The Contractor shall have and retain the property, copyright and all other intellectual or industrial property rights in drawings, designs,
plans, models, specifications and/or estimates prepared by the Contractor.
2.12 Where the Customer is to supply goods (‘Customer’s Property’) to the Contractor in connection with the Contract Work, risk in Customer’s
Property will remain in the Customer. The Contractor will not be liable to the Customer for loss of or any damage to Customer’s Property unless
caused by the negligent act or omission of the Contractor.
2.13 If any part of Contract Work is to be performed elsewhere than on the Contractor’s premises, the Customer shall be responsible to the
Contractor for insuring the place of performance of such Contract Work and shall indemnify the Contractor against liability for any damage to the
place of performance of such Contract Work, however caused.
3.1 The Contractor will quote for Contract Work only after the Contractor has received a written specification from, or on behalf of, the
3.2 The Contractor’s Quotation shall be open for acceptance within either the period stated therein or, if none is stated, within three calendar
months of its date.
REGISTERED IN ENGLAND NO. 08347221
3.3 The Contractor reserves the right to increase the price of the applicable contract in the following circumstances:
3.3.1 Where additional work is performed at the Customer’s request; and/or
3.3.2 to reflect any increase in the cost to the Contractor which is due to any factor beyond the Contractor’s control (such as, without limitation,
any foreign exchange fluctuation, currency regulation, alteration of duties, increase in the cost of labour, materials or other costs of performance)
or any failure of the Customer to give the Contractor adequate information or instructions; and/or
3.3.3 without prejudice to the generality of condition 3.3.2 above, to reflect any increase in the general index of retail prices, compiled by the
United Kingdom Department of Employment and published in the United Kingdom in the monthly digest of statistics by the Central Statistical
Office or any Index substantially replacing it.
3.4 Prices are exclusive of VAT and where applicable any additional or substitute taxes levies, imposts, duties fees or charges whatsoever and
wherever payable, all of which shall be paid by the Customer.
4. TERMS OF PAYMENT
The customer shall pay 50% of the price of a contract by way of non-refundable deposit and shall pay the balance (including extra sums due
under Condition 3.3) on completion of contract work as notified by the contractor or, where contract work relates to an exhibition, on the
opening of the exhibition if earlier. Time for payment shall be of the essence. Receipts for payment will be issued only on request.
4.1 If the client fails to make the payment as set out in clause 4 on the due date then without prejudice to any other right or remedy available to
the Contractor, the Contractor shall be entitled, at its option at any time thereafter to
4.1.1 terminate the relevant Contract and suspend further performance of Contract Work; and
4.1.3 require the immediate return of any Goods hired to the Customer; and
4.1.4 full payment, without deduction, of the total amount due and/or which would have become due under the relevant Contract but for
termination, together with interest (both before and after any judgement) on the amount overdue from time to time at the rate of 8% per annum
plus Bank of England base rate for business from time to time until payment in full is made.
4.2 Property in Goods supplied by way of sale under a Contract shall not pass until payment by the Customer of all sums due under the Contract
under which the Goods were delivered; until property in such Goods passes the Customer shall hold them as bailee for the Contractor, shall store
them separately from all other property of the Customer or any third party, marked so as to be clearly identifiable as belonging to the Contractor,
shall keep them insured against all usual risks in their full invoice value and, if any of the events referred to in clause 9 occurs, the Customer shall
place such Goods at the disposal of the Contractor and the Contractor shall be entitled to enter upon any premises of the Customer, or any other
premises where such Goods are kept, for the purpose of removing them.
Provided that notice is given as soon as reasonably possible, and in any event within seven days of the defect being discovered and Provided
Always that in the case of Goods such notice must be given within the period of hire, where supplied on hire, or within 12 months of the date of
delivery, where supplied by way of sale, if the Customer gives notice of a defect in Contract Work, and the Contractor is satisfied that a defect
exists and was not caused in whole or in part by any matter, action or occurrence outside the Contractor’s control the Contractor shall , in its sole
discretion, either remedy the defect or refund to the Customer a reasonable proportion of the price of the Contract.
NO RETURNS WILL BE OFFERED ON BESPOKE EQUIPMENT PURCHASES.
6.1 The terms of Condition 5 are in lieu of all conditions, warranties and statements of whatever nature in respect of Contract Work whether
express or implied by statute, trade, custom or otherwise and any such condition, warranty or statement is hereby excluded.
6.2 The Contractor shall not be liable for any defect in Contract Work, arising directly or indirectly from compliance with any drawing, design,
specification or order of the Customer.
6.3 Without prejudice to the terms of Conditions 6.1,6.2 and 6.4, the Contractor will accept liability for any loss or damage sustained by the
Customer as a direct result of any breach of a Contract or of any liability of the Contractor (including negligence) in respect of the performance of
a Contract provided that such liability shall be limited to payment of damages not exceeding the invoice value of the Contract in question.
6.4 Subject to the terms of Condition 6.6, the Contractor shall not be liable for the following, loss or damage howsoever caused (even if
foreseeable or in the Contractor’s contemplation):
6.4.1 Loss of profits, business or revenue whether sustained by the Customer or any other person, and/or
6.4.2 special, indirect or consequential loss or damage, whether sustained by the Customer or any other person; and/or
6.4.3 any loss arising from any claim made against the Customer by any other person.
6.5 The Customer shall indemnify the Contractor against all claims, actions, costs expenses
REGISTERED IN ENGLAND NO. 08347221
(including court costs and legal fees) or other liabilities whatsoever in respect of:
6.5.1 Any liability arising under the Consumer Protection Act 1987, unless caused by the negligent act or omission of the Contractor in the
manufacture and/or supply of Goods; and/or
6.5.2 any claim for breach of industrial and/or intellectual property rights arising out of compliance with any drawings, designs, specifications or
order or the Customer; and/or
6.5.3 any breach of Contract or negligent or wilful act or omission of the Customer in relation to a Contract.
6.6 These Conditions do not purport to exclude or restrict any liability the exclusion or restriction of which is prohibited by Sections 2(1) and 6(1)
of the Unfair Contract Terms Act 1977.
NOTHING IN THESE CONDITIONS SHALL AFFECT THE STATUTORY RIGHTS OF A CONSUMER
7. HIRED GOODS
7.1 Unless specifically provided by way of sale, all Goods used or supplied by the Contractor in
connection with Contract Work shall be deemed to be on hire to the Customer.
7.2 The Customer shall indemnify the Contractor against the loss of and/or damage to hired Goods howsoever caused.
7.3 The customer shall keep hired Goods in his possession and/or under his control at all times and shall not remove them from the place where
they are installed by the Contractor without the latter’s prior written consent.
7.4 Upon expiry of the period of deemed hire, or upon the earlier termination of the relevant Contract, the Customer shall no longer be in
possession of hired Goods and the Contractor may at any time without notice, retake possession of such hired Goods and the Contractor shall be
entitled to enter the premises of the Customer and/or any other place of performance of Contract Work, for such purposes
8. FORCE MAJEURE
The Contractor shall be entitled, without liability on its part and without prejudice to its other rights, to terminate a Contract or any unfulfilled
part thereof or, at its option, to suspend or give partial performance under it, if performance by the Contractor or by its suppliers is prevented,
hindered, or delayed whether directly or indirectly by reason of any cause whatever beyond the Contractor’s or its suppliers’ reasonable control,
whether such cause existed on the date when the Contract was made or not.
If the Customer, being an individual or being a firm, if any partner in the Customer is the subject of a petition for a bankruptcy order or of an
application for an interim order under Part Viii of the Insolvency Act 1986, or if the Customer, being a company, compounds with its creditors or
has a receiver or manager appointed in respect of all or any part of its assets or is the subject of an application for an administration order or of
any proposal for a voluntary arrangement under Part 1 of the Insolvency Act 1986, or enters into liquidation whether compulsory or voluntarily
otherwise than for the purpose of amalgamation or reconstruction, or if the Contractor reasonably believes that any of the above events is about
to occur, then the Contractor shall be entitled immediately, and at any time thereafter, to terminate forthwith any Contract or any unfulfilled part
10.1 No waiver by the Contractor of any breach of Contact by the Customer shall be construed as a waiver of any subsequent breach of the same
or any other provision.
10.2 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the
other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
10.3 Any dispute arising under or in connection with these Conditions or the work done by the Contractor shall be referred to arbitration by a
single arbitrator appointed by agreement or (in default) nominated on the application of either party.
10.4 “ALL INTELLECTUAL PROPERTY & DESIGN RIGHTS REMAIN THE PROPERTY OF THE EXPO PEOPLE LTD, UNTIL FULL PAYMENT HAS BEEN MADE.
SHOULD THE DESIGNS, OR ANY DESIGN BASED UPON THE DESIGN, BE USED WITHOUT FULL PAYMENT BEING MADE TO THE EXPO PEOPLE LTD A
CHARGE OF 15% OF THE TOTAL VALUE OF THE CONTRACT PRICE, PLUS VAT WILL BE PAYABLE WITHOUT PREJUDICE TO ANY OTHER LOSS OR
PROFIT SUFFERED BY THE EXPO PEOPLE LTD.”
10.5 This Contract shall be governed by the Laws of England.