GENERAL SALES TERMS & CONDITIONS
Article 1 - General
Specifications concerning the organisation of the Exhibition, in particular its opening and closing dates, its location, its opening hours and admission price are decided and may be modified to the will of the organiser.
In the event of an extension, exhibitors who so request, may be authorised to close their stands on the date initially agreed, but they may not remove products on display nor change the appearance of the stand before the date fixed by the Exhibitor organiser.
If for major, unpredictable or economic reasons, the Exhibition cannot be held, exhibitor’s application will be cancelled and sums available, after payment of expenses incurred, will be distributed between the exhibitors, pro rata to the sums deposited by each of them.
"The exhibitor shall undertake to respect, and make respected, the measures of the Exhibitor’s Handbook.
The exhibitor is responsible to the organiser for non-observance of the schedule of conditions established by the owner or the main tenant of the site placed at the disposal of the Exhibition organiser. The organiser is not liable for any consequences arising from the enforcement of the provisions of these general regulations."
The organiser is not responsible for appointments not honoured by Top Buyers.
However, if a participating company accrues a minimum of 50% of appointments not honoured (by number of appointments made), the organizer will submit a business proposal equivalent to the harm suffered or Next Mobility Meetings.
Article 2 - Conditions de participation
The organiser determines the categories of exhibitors and establishes the list of products and/or services exhibited.
An exhibitor may present only equipment, products, processes or services manufactured or designed by himself, or for which he is an agent or distributor; in the latter case, he must attach to his application, the list of brands whose products he intends to exhibit or whose services he intends to present.
After consideration, the organiser may exclude products and/or services which not appear to him to correspond to the aim of the Exhibition, or allow the presentation of products and/or services which do not appear on the list but which may be of benefit to the Exhibition.
Sales comprising immediate on-site delivery to the buyer are prohibited.
In pursuance of the regulation concerning authorised exhibitions, any exhibitor agrees to exhibit only products or equipment in conformity with French regulations, except for products or equipment destined for use exclusively outside French territory. Moreover, any exhibitor agrees not to proceed with any advertising liable to induce into error or to constitute unfair competition.
Moreover, it is forbidden for the exhibitor to present in the stands equipment, goods or advertising items of a brand not exhibiting at the Exhibition. It is also forbidden to present labels with recommendations from chaims associations, unions and groups, etc
Article 3 - Applications
Any person wishing to exhibit must present an application of participation to the organiser. Unless the organiser does not accept the application, the submission thereof shall be a binding and irrevocable undertaking to pay the full price of the stand hire and associated costs.
Article 4 - Control of admissions
The organiser is not obliged to justify his decisions concerning applications.
In the event that participation is refused, any sums paid by the party having presented an application of participation will be repaid, after deduction of administrative expenses incurred by the organiser and which remain due to him. The same provision applies to a party having presented an application of participation placed on the waiting list, to which a stand cannot be allocated for lack of available space when the Exhibition opens.
Acceptance of the application is confirmed by the reply from the organiser to the exhibitor. This reply may be in the form of an invoice addressed to the exhibitor.
Despite initial acceptance by the organiser and even after allocation of a stand, an application of participation from an exhibitor whose affairs are, for whatever reason, administered by, or with the assistance of a trustee in bankruptcy, is null and void. This applies particular to any application by a company filling a petition in bankruptcy between the date of application and the Exhibition opening date.
However, where a company is authorised by a court to continue its operations, the organiser may, of his will, decide to maintain the applicationn.
Article 5 - Assignment / Sub-letting
Without the organiser’s prior consent in writing, an exhibitor shall not transfer sub-let or share, with or without payment, all or part of his concession within the Exhibition..
Article 6 - Withdrawal
In the vent of withdrawal or non-occupation of the stand for whatever reason any sums paid and/or due in whole or in part towards the hire of the stand, shall retained by the organiser, even if the stand is let again to another exhibitor.
An exhibitor shall be deemed to have withdrawn if, for any reason whatsoever he should fail to take possession of his stand 24 hours before the day on which the Exhibition is due to open.
The organiser may therefore dispose of the defaulting exhibitor’s stand and the latter shall have no right to claim a refund or compensation, even if the stand is allocated to another exhibitor.
Article 7 - Price
"The price of stands is decided by the organizer and may be revised by the organiser if there is a modification to its components, including but not limited to variations in the cost of materials, labour, transportation and services as well as tax and social charges."
Article 8 - Payment conditions
Payment for hire of the stand and other associated costs is to be made by the settlement dates and by methods fixed by the organiser and notified to the exhibitor in the Exhibition information package. For any late application of participation, the first payment is equal to amounts already due at the date of receipt of the application. The same provision applies to exhibitors on the waiting list who are allocated a stand which becomes vacant. Penalties for delay are due from the day following the payment date indicated on any invoice issued in accordance with the present terms of sale. The interest rate will be equal to three times the current legal interest rate. Pursuant to Article L441-6 Section 12 of the French Commercial Code, on any past due invoice, the debtor will also be liable for a 40 euros lump sum penalty fee for recovery costs, in addition to the above mentioned due penalties. This lump sum penalty does not exclude the event of a claim for damages.
Article 9 - Failure to pay
If an exhibitor should fail to pay on due dates and by the specifications stipulated in the preceding article, the organiser shall be entitled to apply the conditions contained in article 6 « Withdrawal ».
Article 10 - Allocation of stands
The organiser establishes the layout of the Exhibition and allocates sites at his free will, taking into account as far as possible, the wishes expressed by the exhibitor, the nature of the products and/or services which he is presenting, the layout of the stand he proposes to install as well as, if necessary, the date on which the application was registered and the exhibitor’s seniority in applying to the Exhibition.
The organiser may modify the size and layout of the area requested by the exhibitor. Such modification shall not entitle the exhibitor to unilaterally terminate his engagement to participate. An exhibitor is notified of the location of the stand allocated to him by means of a layout. This layout gives the characteristics of the stand as precisely as possible. Where possible, it is the exhibitor’s responsibility to verify the conformity of the layout before setting up his stand. The organiser is not liable for any difference between the characteristics given on the layout and the actual measurements of the stand. The layout shows the general layout of the other stands surrounding the site allocated.
These indications, valid on the date the layout is drawn up, are given for information only and are liable to modifications which may not be able to communicate to the exhibitor. Any claim concerning the location set out in the layout must be presented within one week. After this time limit, the location proposed shall be deemed accepted by the exhibitor. Under no circumstances can the organiser reserve a specific location, nor book such for the next Exhibition. Furthermore, participation in previous Exhibitions shall not confer any right to a location nor confer any priority in the allocations.
Article 11 - Installation and decoration of stands
Stand installation is in accordance with the plans draw up by the organiser. Subject to the organiser prior consent in written, exhibitors may build split-level stand provided the conditions set out in Exhibitor’s Handbook are complied with. Regulations concerning the construction of such stands are available from the organiser on request. Exhibitors are responsible for the specific decoration of their own stands. They shall comply whith safety regulations issued by the public authorities and adhere to the general layout for decoration and signage drawn up by the organiser. The organiser decides the specifications of how visual information is displayed and the conditions governing the use of all sound, light or audio-visual techniques, as well as the conditions under which all shows, attractions promotional activities, surveys or opinion polls may be carried out within the confines of the Exhibition. In the same way, the organiser decides on the conditions in which photography or sound recording is authorised within the confines of the Exhibition.
The organiser reserves the right to require that any fitting detrimental to the general appearance of the Exhibition, the neighbouring exhibitors or the public, or which does not conform to the layout and model submitted for his prior approval, shall be removed or modified. The organiser may withdraw an authorisation already given in the event of hindrance caused to neighbouring exhibitors, to circulation or to the running of the Exhibition.
Article 12 - Desinstallation
The organiser declines all responsibility for structures or installations built by exhibitors. Exhibitors shall accept and leave the sites as delivered, and shall be liable for any damage, in particular to venue halls and venue equipment, caused by themselves or by their installations, equipment or goods.
Article 13 - Assembly and dismantling
The organiser determines the programme for erection and installation of the stands prior to the opening of the Exhibition. He also fixes dates and times for dismantling the stands, and removing equipment, materials and products as well as deinstallation of the site at the end on the Exhibition.
With regard in particular to the dismantling and removal of stands and deinstallation of the site, the organiser may complete tasks which have not been carried out by the exhibitor within the deadlines, for which the exhibitor accepts all costs and risks. In an exhibitor should fail to vacate the site in due time, the organiser shall be entitled to penalties and damages.
Article 14 - Specific authorisations
Any installation of machines, equipment or structures which cannot be carried out without using space allocated to another exhibitor may only be done with the authorisation of the organiser and on the date fixed by him.
Article 15 - Goods
Each exhibitor provides for transport and reception of goods sent to him. He must act in accordance with the organiser’s instructions concerning the delivery and dispatch of goods, particular with regard to vehicle circulation within the confines of the Exhibition.
Article 16 - Cleaning
The cleaning is done in accordance with the conditions and at times notified by the organiser to the exhibitor.
Article 17 - Organiser’s public liability insurance
The organiser subscribes to an insurance policy covering the financial consequences of his public liability in his role as organiser.
Exhibitors may ask to examine a copy of the policy giving details of the risks covered and the duration of the policy.
Article 18 - Fluids
Connections to electricity, telephone, water and compressed air mains are charged as states in Exhibitor’s handbook to exhibitors who must request connection within the time specified and within the technical possibilities offered by the exhibition site. Any request concerning these services must be addressed to the distributor designated on the appropriate forms made available to exhibitors.
Article 19 - Customs
It is the responsibility of each exhibitor to complete customs formalities for equipment and products arriving from abroad. The organiser cannot be held responsible for any difficulties arising during these formalities.
Article 20 - Intellectual property rights
The exhibitor is responsible for ensuring that any Intellectual Property Rights held in equipment or products which he exhibits are properly protected, in accordance with legal provisions in force (such as a claim for Patent Coverage under French law). These measures must be taken before the display of the equipment or these products as the organiser will accept no responsibility in this regard.
Article 21 - Society of authors
In the absence of an agreement between the society of authors and musical composers (SACEM) and the organiser, the exhibitor must deal directly with SACEM or any other competent organisation if he uses music in any way whatsoever within the confines of the Exhibition, as the organiser declines all responsibility in this regard.
Article 22 - Collection and use of personal data
The exhibitor is informed that his/her personal data communicated (such as name, function, address, telephone number, fax number, email address, as well as answered provided during survey or registration forms) are automatically processed by the organiser so that the organiser can conduct the necessary operations and ensure the proper performance of the contract notably in relation to the information, the management and the access to the Exhibition. In case of lack of information from the exhibitor, the organiser may not be in a position to properly treat the exhibitor’s application.
The exhibitor is also informed that he may receive commercial information from the organiser and its subsidiaries, notably regarding their products and events, and that his/her data may be communicated to the organiser’s trading partners.
According to French Computer and Liberties Law dated 6 January 1978, updated as of 6 August 2004, the exhibitor has an access, rectification and opposition right, in particular for the transmission to third parties, on his/her personal data. This can be made by letter at the following address: Weyou group, Site Le Boma, 8 rue de Saint Cloud, 92150 Suresnes, France.
Article 23 - Catalogue
The organiser reserves the exclusive right to publish and sell the catalogue of exhibitors, together with the advertising which appears in the catalogue. He may subcontract all or part of this right. The information necessary for the writing of the catalogue is furnished by the Exhibitors who are responsible for all information they supply for entry in the catalogue. The organiser cannot be held responsible for any omissions or errors in reproduction or composition or any other mistakes which may
occur. The organiser reserves the right to modify, remove or group entries wherever he judges this to be useful as well as to refuse an entry to or modify texts for paid advertisements if they may cause harm to other exhibitors.
Article 24 - " Exhibitor’s passes»
« Exhibitor’s passes » giving right of entry to the Exhibition subject to the conditions fixed by the organiser are issued to exhibitors.
Unused « exhibitor’s passes » may be neither returned nor reimbursed after the organiser has issued them against payment.
Article 25 - Invitation cards
Invitation cards intended for visitors whom the exhibitors wish to invite are issued to exhibitor’s subject to the conditions fixed by the organiser.
Cards with remain unused may be neither returned nor reimbursed after the organiser has issued them against payment.
Only passes, invitation cards and entrance tickets issued by the organiser give right of entry to the Exhibition.
Article 26 - Safety
The exhibitor shall undertake to respect all safety measures imposed by administrative or legal authorities, as well as any safety measures which may be taken by the organiser. The organiser reserves the right to verify that these measures are respected. Surveillance is carried out under the control of the organiser; his decision concerning the application of safety regulations is implemented immediately.
Article 27 - Application of the regulations
Any violation of the provisions of the present regulations or internal regulations issued by the organiser may result in the exclusion of the offending exhibitor even without prior warning. This applies, specifically, to non-conformity of stand fittings, failure to comply with safety regulations, failure to occupy the stand, display of products wich do not conform to those stated in the initial application, sale of goods with immediate on-site delivery to the purchaser. An indemnity is then due from the exhibitor as damages and as reparation for moral or material harm suffered by the Exhibition. This indemnity is at least equal to the sum still due by the exhibitor to the organiser, without prejudice to any additional damages which may be demanded. The organiser requires, in this respect, the right to retain exhibited products and furniture or articles of display belonging to the exhibitor.
Article 28 - Modification of the regulations
The organiser reserves the right to give a ruling on all cases not provided for within the present regulations and to add new provisions whenever he believes this to be necessary.
Article 29 - Disputes
In the event of a dispute, the exhibitor undertakes to submit his claim to the organiser before taking any other action. The exhibitor formally agrees that any legal action undertaken in less than fifteen days from the date of this submission is declared inadmissible. In the vent of dispute, the courts seated in the area which includes the organiser’s registered address alone are competent and the French version of this text will be referred to. This contract is governed by French law.