1. In These Conditions, the following expressions shall have the following meanings.
“Advertiser” means the Advertiser or his Agent who books the advertisement and is responsible for payment;
“Advertisement” means the article which the Advertiser requires the Publisher to publish;
“Contract” means the advertising contract made between the Publisher and the Advertiser and subject to These Conditions;
“Publisher” means Air Cargo Media Limited (Registration No: 5847513) and “These Conditions” mean the terms and conditions of the Contract stated herein which are the only terms upon which the Publisher is prepared to deal with the Advertiser.
2. The Advertiser shall indemnify the Publisher against all loss and damage which the Publisher may suffer for publishing the Article including, but not limited to, liability for defamation and violation of intellectual property rights.
3. All advertisements are accepted by the Publisher upon the understanding that all representations or descriptions therein are true and accurate. The Advertiser shall indemnify the Publisher against any liability of misrepresentation or false description or any other like liabilities.
4. Subject to These Conditions, the Publisher shall publish the Article in the manner specified in this Contract. For the avoidance of doubt, it is hereby declared that the publication of the Article in the manner herein provided shall not give rise to a continuous contract between the parties unless the parties have signed a special agreement for the latter. New contracts will have to be made for new insertions.
5. While the Publisher shall carry out the terms stated in this Contract diligently, the Publisher reserves the right to adjust its charges or to change the manner in publishing Article with regard to space, position or frequency of insertion, for reasons which are beyond the control of the Publisher. In such event, the Advertiser will be notified and given the opportunity to cancel such part of the Contract that has not yet been performed upon refund of a due portion of the amount paid under this Contract as full compensation.
6. Notwithstanding the execution of this Contract, the Advertiser agrees that the Publisher shall have the absolute right to refuse to accede to the Advertiser’s request for withholding, cancelling or transferring the publication of the Article, unless the Advertiser has informed the Publisher in writing not less than six weeks before the scheduled date of insertion, in the case of advertisements in special positions, the requisite notice period shall be eight weeks before the scheduled date of insertion.
7. If the Advertiser cancels any part of this Contract in the manner permitted in clause 6 above or in respect of insertions not being completed within the contractual period, all unearned discount shall be surcharged and paid by the Advertiser.
8. Frequency discounts are discretionary and only apply to orders placed in advance and to be complete within one year from the date of first insertion.
9. All payments payable by the Advertiser hereunder must be paid promptly within 30 days. If any amount is overdue, the Publisher shall have absolute right to suspend further insertions if it deems fit. Further, the Publisher shall be entitled to charge interest on any amount overdue at the rate of two percent per month from the date on invoice until the date of payment in full.
10. All payments must be made as specified in the Publisher’s invoice, unless otherwise agreed by the parties hereto.
11. Notwithstanding anything in These Conditions, neither the Publisher nor the Advertiser shall be liable to each other for any loss or damage occasioned by any legislation. Orders in Council Act of State, strike of employees, trade dispute, war, riot, fire, force majeure or Act of God which is beyond the control of either party.
12. The Advertiser shall supply the requisite advertising materials publishing the Article to the Publisher as soon as possible after this Contract is made and no later than 10 days before publishing date. In case of such materials not being received by the Publisher by the deadline stipulated, the Publisher shall have the right to use advertising materials which have been used for the same Advertiser on a previous occasion or to cancel this Contract. The Advertiser agrees not to make any claim against the Publisher in such event and undertakes to compensate the Publisher for all loss and damage which the Publisher may suffer if the Publisher has to exercise its right hereunder.
13. Advertising materials provided by the Advertiser must conform to the Publisher’s requirements in all respects as outlined in the Publisher’s schedule of rates published from time to time. Any additional work involved in adjusting any irregularities of the advertising material supplied by the Advertiser may be charged by the Publisher.
14. One voucher copy will be provided by the Publisher for each advertisement published but the Publisher may also supply tear sheets if required by the Advertiser.
15. The Advertiser shall be responsible for issuing all four colour separations, black and white film positives and other advertising materials required for publishing the Article to the Publisher but the Publisher shall not be liable for any loss or damage to the said material while they are in the Publisher’s possession save for gross negligence.
16. The Publisher shall have the right to destroy or otherwise dispose of all colour separations, negatives and other advertising materials left in its or its printer’s custody for over six months after the Article has been published unless the Advertiser, or his authorised agent, has given instructions to the contrary and the Publisher agrees to be bound by the same. The right herein provided can be exercised by the Publisher without giving any notice to the Advertiser.
17. This Contract and These Conditions are governed in all respects by the laws of the United Kingdom and by signing this Contract the parties to the same have thereby submitted themselves to the jurisdiction of the United Kingdom Courts.
18. Save for These Conditions, no other terms and conditions can be incorporated into this Contract unless the same is in writing and has been signed by both parties to this Contract. Likewise, These Conditions can only be varied or supplemented if such variation or supplement is in writing and has been signed by both parties.
19. These Conditions embody the entire agreement of the parties hereto and supersede any prior promises, representations, undertakings or implications. For the avoidance of doubt, the Advertiser declares that it enters into this Contract on the basis of These Conditions but not as a result of any representation of the Publisher prior to the signing in this Contract.
20. While These Conditions are considered by the parties hereto to be reasonable in all the circumstances after consultation, if any provision of These Conditions shall be adjudged to be void or unenforceable as going beyond what is reasonable in whole or in part, such provision shall to that extent be deemed not to form part of These Conditions and the legality or enforceability of the rest of These Conditions shall not be affected or impaired thereby.
21. For the avoidance of doubt the Advertiser hereby declares that it is contracting as principal with the Publisher.
1. In these Terms and Conditions the term ‘Exhibitor’ means any person firm or company who has made application for and who has been granted space in the Exhibition. The term ‘Exhibition’ means the ‘event’. The term ‘Organisers’ means Air Cargo Media Ltd or its lawful assigns.
2. THESE TERMS AND CONDITIONS shall be construed in accordance with English law and shall be deemed to include all other terms and conditions or rules and regulations issued from time to time by the Organisers in relation to the Exhibition whether contained in the Organisers’ Exhibition Information Pack sales literature or otherwise.
3. DURATION OF EXHIBITION
The exhibition will open from times and dates applicable to current exhibition. During these times, stands must be manned by Exhibitor’s staff.
The person or persons booking exhibition space on behalf of the Exhibitor shall be deemed to have full authority to do so on behalf of the Exhibitor and the Exhibitor shall have no right to claim against the Organisers that such person or persons did not have such authority.
5. REMOVAL OF EXHIBITS.
The Organisers reserve the right to require the Exhibitor to remove any exhibit which is being exhibited at the Event if the Organisers in their absolute discretion consider that the same is libellous, of an obscene nature or may infringe the rights of any third party or, which the Organisers consider in their absolute discretion to be undesirable or detrimental to the Exhibition, other exhibitors or the general commercial interests of the Organisers or any other company from time to time forming part of the same group of companies of which the Organisers form part.
50 percent of exhibition booth or sponsorship payment is due on reservation and the final 50 percent, five months prior to the event. Any booking received within five months prior to the event must be accompanied with 100 percent of total payment.
7. CANCELLATION OF SPACE.
In the event that an Exhibitor either wishes to cancel his space booking after acceptance by the Organisers or fails to meet any of the payment obligations (whether as to the amounts or dates of payment) then the Organisers reserve the right (but without being obliged to do so and without prejudice to any other right or remedy available to the Organisers) to apply 100 per cent cancellation charges and to reallocate such space:
More than 9 months prior to Exhibition 20 percent of total cost (plus VAT if applicable)
More than 6 months and less than 9 months prior to Exhibition 50 percent of total cost (plus VAT if applicable)
Less than 6 months prior to Exhibition 100 percent of total cost (plus VAT if applicable)
If the Exhibitor wishes to cancel then written notice of such wish must be forwarded to and received by the Organisers by ‘Proof of Delivery’ post not later than the dates referred to in the table above. For the avoidance of doubt the Organisers shall not be obliged to accept the Exhibitor’s notice of cancellation.
Notwithstanding that the Organisers may resell or reallocate the cancellation stand space (or the space by which it is reduced pursuant to paragraph 7) after payment of the cancellation charges the Organisers shall be under no obligation to reimburse all or any part of such cancellation charges.
8. REDUCTION OF SPACE.
Where an Exhibitor wishes to reduce the size of his space booking after acceptance by the Organisers then written notice of such wish must be forwarded to and received by the Organisers by ‘Proof of Delivery’ post. The Organisers reserve the right to apply the scale of cancellation charges to the total cost according to the amount by which the original stand area is reduced. The Organisers may resell or reallocate the space in question. There shall be no obligation on the Organisers to accept notification of reduction.
For the avoidance of doubt any contract between the Organisers and the Exhibitor for exhibition stand space is only for an amount of such space and no acceptance by the Organisers of the Exhibitor’s Space Application Form or allocation of the Exhibitor’s name to any particular part of any Exhibition floor plan or stand number will constitute any agreement warranty or representation by the Organisers that the Exhibitor is entitled to exhibit at the Exhibition in such particular location and the Organisers reserve the right without being required to give notice to the Exhibitor to alter the layout of any Exhibition floor plan or position of any stand at any time.
10. OTHER EXHIBITORS.
Whilst the organisers shall act in good faith the name of any exhibitor which may appear on any floor plan or stand number or any statement made by or on behalf of the Organisers that any exhibitor is booked to attend any Exhibition provisionally or otherwise shall not constitute any warranty representation or undertaking by the Organisers that any such exhibitor shall attend any Exhibition or attend at any particular location.
11. SPACE NOT OCCUPIED.
The Exhibitor must occupy the space allocated to him by show opening time on the first day of the Exhibition, any Exhibitor failing to do so will be deemed to have cancelled his space booking. In this event the Terms and Conditions relating to Cancellation will apply and the Organisers may resell or reallocate such space.
The Exhibitor acknowledges that the Organisers shall not be held responsible for the failure of all or any other contracted exhibitors to attend the Exhibition or the failure of any number of attendees to attend the Exhibition for any reason beyond the reasonable control of the Organisers.
The Exhibitor shall fully and effectually, indemnify the Organisers against all costs, claims, demands, proceedings and losses whatsoever made against or incurred by the Organisers as a result of the Exhibitor exhibiting or advertising any goods or services at the Exhibition.
In the event of the Exhibitor becoming bankrupt, committing any act of bankruptcy, going into liquidation, having a Receiver or Administrator appointed in respect of any of its assets then the Organisers reserve the right to terminate the contract with the Exhibitor and the Terms and Conditions relating to Cancellation shall apply.
The Exhibitor shall not be entitled to assign, sublet or grant licences in respect of the whole or any part of the space allocated to him, or assign or otherwise deal with their rights and obligations hereunder nor may any cards, advertisements or printed matter of persons who are not bona fide Exhibitors be exhibited or distributed on any stand. This shall not apply to persons, firms or companies being subsidiaries agents or principals of the Exhibitor and who were notified to the Organisers at the time of booking. The Organisers shall be entitled to assign the benefit (subject to the burden) of the contract for space without notice to or consent from the Exhibitor.
16. LICENSOR AND LICENSEE.
Upon acceptance of the exhibition space reservation by the Organisers there shall be a contract between the Organisers and the Exhibitor subject to these Terms and Conditions. The Organisers in their discretion may accept the Exhibitor’s application for space orally (including by telephone) by telex, facsimile or by forwarding to the Exhibitor written acceptance. As regards any space allotted the relationship of licensor and licensee shall exist between the Organisers and the Exhibitor from the date of the Exhibitor occupying the space. In case of non-payment of any sum due from the Exhibitor (whether formally demanded or not) or of any other breach or non-observance by the Exhibitor of any of these Terms and Conditions the Organisers shall have right to revoke his license and re-enter upon the allotted space to remove and exclude the Exhibitor and all persons there from without prejudice to the right to recover all sums payable by the Exhibitor hereunder and without prejudice to any other right or remedy available to the Organisers.
17. PROMOTION AND REPRESENTATIONS.
Whilst the Organisers shall use their reasonable endeavours to organise and promote the Exhibition in such manner as they consider appropriate, the Organisers reserve the right to amend or vary the manner or methods of such organisation and promotion and therefore any statements made by or on behalf of the Organisers as to audience projections or methods or timing of promotion shall constitute only general indications of the Organisers’ promotion and organising strategy and shall not amount to any representation or warranty.
Any application for stand space or any acceptance thereof by the Organisers shall not be conditional on the presence or location of any other exhibitor at the same or any other Exhibition and any reference to such conditionality shall not apply to any contract between the Organisers and the Exhibitor for exhibition stand space.
18. POSTPONEMENT OR ABANDONMENT.
The Exhibitor shall not have any claim against the Organisers in respect of any loss or damage whatsoever consequent upon the Exhibition failing (for whatsoever reason) to be held or the Exhibition venue being or becoming wholly or partially unavailable for the holding of the Exhibition for whatsoever reason. If by re-arrangement or postponement of the period of the Exhibition or by substitution of an alternative venue for the Exhibition or by means of any other reasonable matter or thing the Exhibition can be held the contracts for space shall be binding upon all parties save that the same shall be deemed to be varied so as to allow for any necessary change in venue, dates or period of the Exhibition, stand size, location or otherwise.
19. INSURANCE AND EXCLUSIONS.
The Exhibitor shall effect at its own cost full indemnity insurance, minimum £2,000,000 (two million pounds sterling) against usual risks in respect of loss damage or injury to goods and persons.
The Organisers shall not be liable for any loss or damage (including consequential or indirect loss or damage) suffered by the Exhibitor whether such loss or damage arises from breach of duty in contract or tort or in any other way (including loss or damage arising from the Organisers’ negligence) and which shall include (but not by way of limitation) loss of profits: loss of contracts: loss of or damage to property or goods of the Exhibitors or any other person: or personal injury to the Exhibitor or any other person (but only so far as such injury is not caused by the Organisers’ negligence).
20. DANGEROUS MATERIALS.
The following are excluded from the Exhibition: explosives, detonating or fulminating compounds and all dangerous or harmful substances, including primings, fireworks etc.
21. FIRE PRECAUTIONS.
All materials used for building, decorating or covering stands must be of non-flammable material. Exhibitors must comply with all instructions given by the relevant authorities to avoid the risk of fire or any other risk.
22. ERECTION OF STANDS.
The Exhibitor hereby acknowledges that the Organisers have appointed official stand contractors and where directed by the Organisers the Exhibitor must use the same for the construction of the Exhibitor’s stand. However an Exhibitor may be permitted to appoint another contractor recognised by the Organisers for interior work to the shell scheme subject to the Organisers’ written consent being obtained. No Exhibitor will be permitted to erect his display goods in such a manner as in the opinion of the Organisers obstruct the light or impede the view along the open spaces or gangways or to occasion inconvenience or otherwise affect the display of other exhibitors.
23. EXCLUSION OF PERSONNEL.
The Organisers reserve the right in their absolute discretion to exclude or remove from the Exhibition any person whose presence is or is likely to be undesirable and the Organisers may exercise such rights notwithstanding that any person is the servant or agent of the Exhibitor or otherwise in any way connected or associated with the Exhibitor.