Terms & Conditions

1 WARRANTIES

1.1 The exhibitor warrants that the person signing the order on its behalf to exhibit is authorized to enter into this agreement;
1.2 The exhibitor warrants that its asset value and its annual turnover at the time when the agreement is entered into shall exceed a million rand;
1.3 The organiser does not warrant that:
1.3.1 the stand is or will be suitable or fit for any purpose for which it may be used by the exhibitor in terms hereof;
1.3.2 the exhibitor will be granted or provided with any licenses, consents authorities, services or permits in respect of the stand which may be necessary to enable the exhibitor to use the stand for any purpose for which it may be used by the exhibitor in terms hereof.
1.4 The organiser does not warrant the number of persons expected to attend the exhibition.

2. RECORDAL

The exhibitor understands and consents thereto that:
2.1 The order it has placed shall only become a agreement upon the organiser deciding to accept the order;
2.2 The organiser shall be deemed to have affected all of its obligations upon making available the exhibitor stand;
2.3 The organiser shall not be responsible for any direct, indirect or consequential loss or damage to the stand or other property of any kind brought into the exhibition by the exhibitor, its servants, employees, agents, contractors or invitees or for any injury to the person of the exhibitor, or any of its servants, employees, agents, contractors or invitees howsoever such loss or damage to the stand or property, or injury to such person may be caused and notwithstanding that such loss or damage to the stand or property, or injury to such person may have been occasioned by the fault, neglect or gross negligence, of the invitees or by the exhibition site being in or falling into a defective state of repair;
2.4 The exhibitor hereby indemnifies the organiser against all and any actions, claims, demands, costs, charges or expenses arising or resulting directly, or indirectly from any act, omission or negligence by the organiser, its servants, employees, agents, contractors or invitees notwithstanding that such action, claim, demand, cost, charges or expenses may have been occasioned in whole or in part by the fault, neglect or gross negligence by the organiser, its servants, employees, agents, contractors, or invitees, or by the exhibition site or any installations thereon being or falling into defective state of repair.

3. TERMS OF EXHIBITION

3.1 The exhibitor shall confirm the exact position of the exhibition stand on the layout by marking that on the layout. If the exhibitor fails to do so the organiser may indicate such position;
3.2 Whilst the organiser shall do everything within its power to ensure that the location of the stand within the exhibition is as agreed in this agreement the organiser shall have the right to relocate the stand at its discretion;
3.3 Requested/Reserved stand bookings are only confirmed on payment of a deposit. If a deposit is not received by the organiser, the exhibitor shall remain liable to the organiser for the booking of a stand in terms of the payments specified in this agreement;
3.4 Whilst the organiser will do everything in its power to ensure that access to and vacant possession of the stand is given to the exhibitor for the purposes of preparation and use of the stand upon the dates agreed in this contract, such dates shall be variable at the discretion of the organiser so as to be compatible with the successful organisation of the exhibition as a whole;
3.5 The exhibitor acknowledges that he/she is satisfied that the stand is of a suitable condition and is suitable for the purposes intended.
3.6 The organiser reserves the right in its sole and absolute discretion, should the venue become unusable for whatsoever reason to relocate to a new venue in the best interests of the exhibition as a whole, and furthermore subject to the terms of this agreement;
3.7 The organiser reserves the right in its sole and absolute discretion, should the dates become unsuitable for whatsoever reason, to reschedule the dates to a time more advantageous to the success of the exhibition as a whole and the exhibitor agrees to be bound by such dates;
3.8 TThe exhibitor shall not be entitled to cede, assign, transfer, make over, sublet or alienate any of its rights in terms of this agreement without the organiser’s written consent;
3.9 The exhibitor shall attend all exhibition meetings convened by the organiser. If the exhibitor fails to attend any such meetings or fails to comply with any directives issued by the organiser at such meetings, the organiser shall not be liable to the exhibitor for any loss or prejudice suffered by the exhibitor as a result thereof.
3.10 The Exhibitor shall abide by the rules and regulations and information contained on the exhibitor website, failing which will be bound by the penalty clauses contained therein.

4. CONSIDERATION AND PAYMENT

4.1 The consideration stipulated on the exhibitor’s application to exhibit shall be payable strictly on the dates agreed, failing which the full amount owing shall become due and payable without notice
4.2 The exhibitor shall not be entitled to any refund in the event of the exhibitor not utilising the package provided;
4.3 In the event of additional requirements of the exhibitor such can be ordered on the applicable documentation supplied in the exhibitor’s website. Such shall be payable on demand.

5. STAND PREPARATION

5.1 The organiser shall be entitled to issue, written directives from time to time regarding methods and materials of construction, stands, layout, design and quality of installation and the exhibitor shall timeously comply with such directives. The exhibitor shall be bound thereby;
5.2 The exhibitor may construct, install and erect his or her own stand alternatively appoint an independent contractor to do so;
5.3 The exhibitor undertakes that its stand will be constructed, installed and erected in accordance with the rules, regulations and standards of the Occupational Health and Safety Act;
5.4 The exhibitor shall, if so required by the organiser, submit its stand design or plan to the organiser for approval thereof;
5.5 The organiser and its official service providers/contractors shall at all times be entitled to free and undisturbed access to the stand during the preparation and use thereof by the exhibitor;
5.6 If the organiser so directs in writing the exhibitor shall be obliged to use a contractor designated by the organiser for the purpose of preparing the stand and erecting the installation. If the organiser makes such designation then:
5.6.1 The exhibitor shall not be entitled itself or through any other contractor to prepare the stand save to the extent that the designated contractor declines to do so;
5.6.2 The organiser shall incur no liability or responsibility for the due and proper performance by the designated contractor of its obligations in terms of the agreement concluded with the exhibitor;
5.6.3 The agreement concluded between the exhibitor and the designated contractor shall be subject to the prior written approval of the organiser;
5.6.4 In any event the stand shall be prepared and the installation shall be constructed to the standard at least equal to the general standard of the remaining stands rented by other exhibitors at the exhibition;
5.6.5 After completion of the installation the organiser shall be entitled to require the exhibitor to make such additions or changes to the installation deemed necessary;
5.6.6 Ownership in and to the shell schemes, walling, electric equipment, furniture, fixtures, etc. shall not pass to the exhibitor nor shall the exhibitor enjoy any rights in respect of the shell schemes Save and except those specifically granted to it in terms hereof. Upon the termination of exhibition the exhibitor shall return the shell scheme to the organiser in good order and condition fair wear and tear accepted. During the course of the exhibition the exhibitor shall maintain the shell scheme in good order and condition and shall follow all the organiser’s instructions from time to time with regard to the use and care thereof;
5.6.7 The organiser reserves the right to close off an exhibitor’s stand should the exhibit not be completed 2 hours prior to the opening of the exhibition, alternatively the organiser may fine the exhibitor 10% of this order value for every hour that the exhibitor’s stand is not completed timeously and the exhibitor shall pay such fine on demand;
5.6.8 The exhibitor is responsible at its own cost to ensure the break down and/or remove the stand, as erected by the exhibitor or its appointed contractor, on the day before close of business after the last exhibition day in the absence of which the organiser shall effect such breakdown and/or removal at its costs for which the exhibitor shall be liable upon demand.

6. USE OF THE STAND

6.1 The exhibitor shall not use any form of visual or vocal apparatus on the stand which shall cause an annoyance or nuisance to other exhibitors, the organisers or the landlord, or demonstrate any product which produces excessive noise.
6.2 The exhibitor shall only be entitled to distribute literature and printed matter from its stand and shall not be entitled to distribute same anywhere else at the exhibition without the organiser’s written consent;
6.3 The exhibitor shall keep the stand open and adequately staffed whenever the exhibition is open to the public;
6.4 The nature of the services to be provided to the stand or the exhibition site shall be in the sole and absolute discretion of the organiser.

7. INDEMNITY

7.1 The exhibitor indemnifies the organiser against any claim whatsoever by any third party whomsoever arising from any damage caused by or any negligent conduct by the exhibitor;
7.2 The exhibitor warrants that it has or caused to have insurance coverage against any claim by any third party against the exhibitor as a result of negligent conduct by the exhibitor;
7.3 The organiser will not be held liable for any damage caused to the exhibitor’s stand or other merchandise or for non performance of any of the provisions of this agreement in the event and to the extent that same is as a direct result of force majeure of which shall include any event beyond the reasonable control of the organiser and which could not have reasonably been foreseen by the organiser;
7.4 The organiser does not take responsibility for any theft whatsoever, be it cash, merchandise or any item on the stand of the exhibitor or anywhere else in the exhibition venue.

8 CANCELLATION

Should this agreement be cancelled for any reason whatsoever, the deposit paid in terms hereof shall be forfeited by the exhibitor. If for any reason whatsoever, the exhibitor cancels the exhibit after 24 April 2019 he/she remains liable for the full amount of the space cost less any payment received.

9 GENERAL

9.1 No variation of this agreement shall be of any force or effect unless reduced to writing and signed by the parties hereto;
9.2 For the purpose of delivery of all notices and/or processes arising from or in connection with this contract, the exhibitor chooses its domicilium citandi et executandi the address stated on the overleaf hereof. The Exhibitor undertakes to inform the Organisers of any change of detail on the contract.
9.3 In the event of any dispute or claim arising out of this agreement, the parties hereto agree to submit to the jurisdiction in terms of Section 45 of the Magistrate’s Court Act 32 of 1944 (as amended), irrespective of whether the cause of action involved exceeds the said Court’s jurisdiction. Notwithstanding the above, the publisher reserves the right in his sole discretion to institute action in the appropriate division of the High Court.
9.4 The organiser reserves the right to take photographs and/or videos of any and/or all of the exhibitor’s stands at any time during and/or on completion of build up and/or during the course of the exhibition. The organiser may use the photographs and/or videos for any purposes, including but not limited to, publicity, advertising, marketing or social media purposes and the exhibitor consents to such use of the photographs and/or videos for any such purpose.

HEALTH & SAFETY AGREEMENT

(in terms of Section 37 (2) of the Occupational Health & Safety Act of 1993 as amended) between HOMEMAKERS Expo (Pty) Ltd and (the Contractor); Under this agreement, (the Contractor) shall be regarded as an independent ‘contractor’ and as such, an ‘employer’ as defined in section 1 of the Occupational Health and Safety Act 1993 as amended, with all the duties and responsibilities of an employer as set out in the Act for purposes of the work to be undertaken in terms of this agreement. In particular, the contractor shall be responsible for ensuring that its employees and mandatories comply with all relevant terms and provisions of the Act and all regulations promulgated thereunder and with all other laws, by-laws and standards applicable to work, functions and duties contemplated in terms of this agreement. The contractor agrees to comply with the terms and conditions below or as notified by HOMEMAKERS Expo (Pty) Ltd. The contractors Workmen/s Compensation Commissioner No. is: ………………………… The contractor agrees to provide the Workmen/s Compensation Commissioner No upon request. The contractor indemnifies HOMEMAKERS Expo (Pty) Ltd against any liability, loss or proceedings whatsoever, whether arising in law or by statute, consequent on personal injuries or the death of any person whosoever (including claims by the contractors employees and their dependents) or consequent on loss of or damage to any movable or immovable property arising out of or caused by or in connection with the execution by the contractor of all or any work as envisaged in terms hereof.

10.1 All requirements of the Occupational Health and Safety Act 85 of 1993 and Regulations (as amended) shall be adhered to.
10.2 Any other statutory requirements pertaining to the area of exhibition shall also be adhered to.
10.3 The Contractor shall be liable for any acts or omissions by any of its employees and/or mandatories, except if the parties have agreed in writing to the arrangements and procedures between them to ensure compliance by the mandatory with the provisions of this Act.
10.4 When any activity during build-up and / or breakdown periods is of such a nature that it could cause injury to anyone or damage to the environment, all reasonable practicable preventative measures shall be implemented to ensure the health, safety of the afore mentioned and / or impact upon the environment.
10.5 No dumping of any hazardous chemical substances is permitted into any drains and /or waste bins. Same shall be disposed of in terms of the Hazardous Chemical Substance Regulations of the Occupational Health Safety Act 85 of 1993.
10.6 All Certificates of Compliance will be provided in original format to HOMEMAKERS Expo (Pty) Ltd.
10.7 Homemakers Expo (Pty) Ltd reserves the right to unilaterally take any steps as may be necessary to enforce this agreement.
10.8 All Contractors are to provide and ensure correct use of personal protective equipment by their employees at their cost at all times.
10.9 All contractors are to maintain and ensure that all electrical apparatus and safety equipment is kept in a safe working condition at all times.
10.10 In terms of Section 16 (3) of the Occupational Health and Safety Act no. 85 of 1993, no appointment(s) will relieve an Exhibitor (employer, the contractor or sub-contractor) of any responsibility or liability under this Act.