SITCE 2018 Exhibitor Registration
PLEASE READ THE TERMS AND CONDITIONS APPLIED BELOW
GENERAL EXHIBITION TERMS AND CONDITIONS (this “Contract")
The Exhibition is co-organised by the International Association of Public Transport (UITP) and MSI Global Pte Ltd (MSIG) (“Organiser”).
(i) This Contract is hereby entered into between the Organiser and the Exhibitor. (ii) This Contract constitutes a license granted by the Organiser to the Exhibitor only to occupy the space allocated by Organiser to exhibit the Exhibitor’s products/services as notified to Organiser for the duration of the Exhibition during show hours and shall not be deemed to be a lease or a contract for lease.
(3) Allocation of space/booth
(i) This application does not give the Exhibitor a right to choose or reject the space/booth allocated by the Organiser. (ii) Space/booth will be allocated at the Organiser’s full discretion. In special cases the Organiser may decide not to accept an application, to allocate less space/booth than has been applied for, to alter allocated space/booth or to withdraw an allocation without the Exhibitor being entitled to claim compensation for damage incurred. (iii) The Organiser’s decision on the allocation of the space/booth will be final and binding on the Exhibitor. (iv) The full contract price is payable even if the Exhibitor eventually does not utilise the whole space/booth. (v) If no space/booth is available for the Exhibitor (without any default on its part) then the sole obligation of the Organiser is to refund to the Exhibitor such amount of the money received by the Organiser from the Exhibitor and apart from the aforesaid refund, the Organiser shall have no liability whatsoever. (vi) If the Exhibitor does not fulfil any of its obligations set out in this Contract, the Organiser will be entitled not to proceed with the allocation of space/booth, or to withdraw an existing allocation of space/booth or not to make space/booth available, without prejudice to the Organiser’s claim for full payment of the amounts due.
The payment for space/booth rental shall be settled in two (2) instalments as follows:
- Together with this application form, 50% of the Grand Total Cost must be submitted within one (1) month from the submission date to make reservation for the space/booth made on or before 31 Jan 2018.
- The balance 50% must be submitted within one (1) month of the final invoice which will be issued by the Organiser before the opening of the Exhibition.
The total amount will be invoiced and payment shall be made within one month from submission date by Exhibitors who are reserving their space/booth after 31 Jan 2018.
If the Exhibitor cancels or breaches this Agreement for any reason whatsoever, in addition to whatever rights the Organiser may have under applicable law, any payments made by the Exhibitor prior to the date of termination shall be retained by the Organiser as liquidated damages and not as penalty. The Organiser and the Exhibitor agree that such amounts constitute a reasonable provision for liquidated damages. The Exhibitor shall also be liable for any payments required to be paid but not paid as of date of cancellation or breach of this Agreement.
If the exhibition premises which are used for the purpose of the Exhibition (“Exhibition Premises”),
shall become in the sole discretion of the Organiser, unfit for occupancy, or if the holding of the Exhibition or the performance of any of the provisions of this Agreement are interfered with by virtue of any cause, this Agreement and/or the Exhibition (or any part thereof), may forthwith be terminated or cancelled by the Organiser without the Organiser being liable in damages or otherwise to the Exhibitor. The Organiser shall also not be responsible for delays, claims, demands, damages, losses, increased costs, liabilities, changes, actions, expenses or any other unfavourable direct or indirect, consequential or otherwise conditions arising by virtue of any cause not within the control of the Organiser. Upon termination or cancellation as aforesaid, the Organiser shall not be liable to the Exhibitor other than for a refund of the contract price paid by the Exhibitor prorated on the basis of the number of exhibition days remaining. For purposes hereof, the phrase “cause not within the control of the Organiser” shall include fire, casualty, flood, epidemic, earthquake, explosion or accident, blockage, embargo, inclement weather, governmental restraints, restraints or orders of civil defence or military authorities, act of public enemy, riot or civil disturbance or commotion, malicious damage, sabotage, vandalism, acts of terrorism, or other similar activities, strike, lockout, boycott or other labour dispute or disturbance, inability to secure sufficient labour, technical or other personnel, absence of premises required for the Exhibition, failure, impairment or lack of adequate transportation facilities, inability to obtain or requisition or commandeering of necessary supplies or equipment, change in local, state or other law, ordinance, rule, order, decree or regulation, whether legislative, executive or judicial, and whether constitutional, or act of God and the words “act(s) of” shall include “threat of or perceived threat of”.
This Agreement may be terminated by the Organiser forthwith if in the Organiser’s opinion, the
Exhibitor does not or may be unable to perform or comply with any of its obligations.
(6) Reduction of exhibition space/booth
All requests for reduction of exhibition space/booth must be made in writing. (i) If such a request is received by the Organiser on or before 31 Jan 2018, the Organiser may in its absolute discretion, allow the reduction in which event, the Exhibitor shall pay the balance of the reduction fee accordingly. (ii) If a request for reduction is received after 31 Jan 2018, the Exhibitor shall nevertheless pay for the total rental of the original contracted space/booth. The rental for the unused space/booth is to be retained by or paid to the Organiser as liquidated damages. The Exhibitor shall not be entitled to any refunds even if the space/booth unused by the Exhibitor is subsequently allocated by the Organiser to third parties. Notwithstanding the above, the Organiser reserves the right to decline for any reason whatsoever, requests for exhibition space/booth reductions.
The Exhibitor represents, warrants and undertakes that it is entering into this Contract as principal and not as agent or nominee of any third party, and the exhibits do not infringe or are likely to infringe any patent, trademark, copyright and other intellectual property right of any party and it agrees that in the event of any breach of the representations, warranties and undertakings herein contained or any breach of the provisions of this Contract, this Contract and the license herein granted may be terminated by the Organiser (without the Organiser being liable for any damages or claims whatsoever and without prejudice to the Organiser’s other rights and remedies) and the Exhibitor shall indemnify the Organiser against any and all costs, claims, demands, losses, liabilities, charges, actions and expenses.
(8) Exhibits and other related materials
(i) All exhibits, brochures, audio-visual presentations, displays and all related materials and articles are subject to the approval of the Organiser. (ii) The Exhibitor is solely responsible for ensuring that all governmental and other regulatory approvals required for the exhibits and its participation in the Exhibition have been obtained prior to the commencement of the Exhibition.
(9) Liability and risks
(i) The Exhibitor shall insure, indemnify fully and effectively and hold the Organiser and its respective shareholders, the lessors of the premises where the Exhibition is held and all governmental, statutory and regulatory bodies and agencies of the country where the Exhibition is held and their respective directors, officers, agents and servants harmless against any and all costs, claims, demands, losses, liabilities, charges, actions and expenses which any of them may be subject to or may incur or which may be made, claimed or instituted against them or any of them as a result of any act, breach of any of the terms of this Contract, omission, conduct, failure of the Exhibitor or its directors, officers, agents, servants, invitees or independent contractors. (ii) The Exhibitor’s aforesaid indemnity shall extend to all losses or injuries caused to any persons or property howsoever caused by the Exhibitor or its exhibits or personnel, or otherwise arising while the said persons are upon or examining, observing or passing the exhibits or space/booth occupied by the Exhibitor, or by the demonstration of or otherwise in connection with the Exhibition. (iii) The liability or risks of loss or damage to the Exhibitor’s employees or agents, or the exhibits, shall be the responsibility of the Exhibitor. (iv) Exhibits shall be placed at the Exhibitor’s own risks and the Organiser, its respective shareholders, officers and agents shall not be held responsible for any theft, damage, loss or destruction of the exhibits. (v) Under no circumstances will the Organiser, any government, statutory or regulatory body or agency or their respective directors, officers or agents make good or accept responsibility or be liable howsoever in respect of any damage, theft, loss or destruction of the exhibits or any property, goods or articles or things whatsoever placed, deposited, brought into or left upon the Exhibition premises by the Exhibitor.
(10) Sound level
The use of headphones for sound demonstration is strongly recommended. The sound level of audio equipment must be tuned to an acceptable volume and conducted in a way which does not interfere with nor be a nuisance to neighbouring space/booths. The sound level should not exceed 80dB measured from the nearest point of adjoining space/booths. If the Exhibitor refuses to comply with the request to reduce the volume, the Organiser reserves the right to disconnect all power supplies to the space/booth and no compensation will be made to the Exhibitor.
(11) Insurance policy
The Exhibitor shall make sure that they are fully covered by insurance including, but not restricted to, all risks on their property, exhibits or articles of any kind, public liability and comprehensive protection against any loss or damage caused by any circumstances whatsoever whether by reason of fire, water, theft, accident or any other cause. The Exhibitor shall insure against, indemnify and hold the Organiser harmless in respect of all costs, claims, demands and expenses to which the Organiser may in any way be subjected as a result of any loss or injury arising to any person (including members of the public or the Organiser’s staff, agents, or contractor(s) or property howsoever caused as a result of any act or default of the Exhibitor, his servant, agents or contractors or invitees. If the Organiser so demands, the Exhibitor shall provide proof to the Organiser that the Exhibitor has adequate insurance cover.
(12) Loss or damage
The Organiser shall not be responsible for any loss or damage to the Exhibitor’s property caused during moving, transportation or shipment. In such cases, the Exhibitor is still liable to pay the full space/booth rental and any other amount payable to the Organiser.
(13) Limitation of liability
(i) The liability of the Organiser (if any) shall under no circumstances (whether arising from breach of Contract, tort or otherwise) exceed the amount of the total Contract price paid by the Exhibitor for the license herein granted. (ii) The person or persons appointed by the Organiser to undertake any official tasks including the Official Contractor and the Official Freight Forwarder are independent contractors and are not agents of the Organiser.
(14) Sub-licensing and non-assignment
(i) This license to participate in the Exhibition is personal to the Exhibitor and is non-transferable. (ii) No licensing or sub-licensing may be granted by the Exhibitor to any other party. The Exhibitor shall not assign or sublet the space/booth or any part thereof. (iii) The Organiser may without the consent or approval of the Exhibitor assign or transfer its rights and/or obligations under this Contract. The Exhibitor may not assign or transfer any of its rights or obligations under this Contract without the prior approval of the Organiser.
Upon termination of this Contract, the license granted is revoked and there upon the Exhibitor shall immediately leave the Exhibition premises and remove all its exhibits. The exhibitor will be charged any extra expenses caused by the delay in leaving the premises or removing his exhibits on time.
(16) Set-off clause
To the extent permitted by the laws, the Organiser may deduct from or set-off against any money due from the Organiser to the Exhibitor any sum which the Exhibitor is liable to pay to the Organiser.
(17) Self-help remedies
The Organiser will have the right to take the following courses of action without any judicial intervention, if necessary at the Exhibitor’s expense, against an Exhibitor who acts in contravention of any provision of this Contract or who fails to comply with a direction given by or on behalf of the Organiser:
- Refuse the Exhibitor and its representatives admission to the Exhibition;
- Close and/or clear the Exhibitor’s space/booth; and
- Take possession of the exhibits displayed, any goods and anything built or fitted by the Exhibitor.
(18) Laws and regulations
All laws, rules and regulations (including, without limitation, traffic, health, fire safety and environmental laws and regulations) imposed by the Organiser or local authorities and agencies or the lessor of the Exhibition premises must be strictly observed by the Exhibitor.
(19) Force majeure
The Organiser shall not be liable to the Exhibitor by any reason of any cancellation or part-time opening of the Exhibition, either as a whole or in part, for any non-performance of their obligations under this Contract or for any amendments or alterations to all or any of the Rules and Regulations of the Exhibition in each case to the extent that such occurrence is due to any circumstances not within their control including but not limited to and without affecting the generality of the foregoing, any acts of God, flood, tempest, storms, war, shortages of water, labour or power, acts or threats of terrorism, riots, civil commotion, strikes or insurrection, failure of any applicable government authority to issue required governmental permits, suspension, termination or revocation of any material governmental permit required for the Exhibition, outbreak or threat of outbreak of infectious or communicable diseases such as SARS and any other similar event or condition.
(20) Partial invalidity
The invalidity or unenforceability or any provision of this Contract shall not affect the validity or enforceability of any other provision.
(21) Remedies and implied waivers
No failure or delay on the part of the Organiser to exercise, any right or remedy under this Contract will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies provided are cumulative and not exclusive of any rights or remedies provided by law.
(22) Governing law and jurisdiction
(i) This Contract shall be governed by, and construed in accordance with the laws of Singapore. (ii) The Exhibitor hereby irrevocably and unconditionally submits to the exclusive jurisdiction of the Courts of Singapore for all purposes in relation to this Contract and waives any objections on the ground of venue or forum non-convenience or on similar grounds.
(23) Exhibitors’ manual and floor plan
(i) Further rules and regulations pertaining to the Exhibition can be found in the Exhibitors’ Manual and other documents issued by the Organiser from time to time. (ii) The Organiser reserves the right to make further rules and regulations (having immediate effect) from time to time in relation to any aspect of the Exhibition. (iii) Such rules and regulations whether contained in the Exhibitors’ Manual or otherwise shall form part of this Contract and shall be binding on the Exhibitor.
(24) Unforeseen occurrences
In the event of any occurrences not foreseen in the Contract or these Rules and Regulations, the decision of the Organiser shall be final.
(25) Data Protection
Both the Exhibitor and the Organiser shall ensure that any personal data as defined by the Personal Data Protection Act 2012 ("PDPA"), provided by one to the other, is processed in accordance with the PDPA. In particular, the Exhibitor undertakes that any data provided by the Organiser or generated in connection with the Exhibition will only be used for the specific purposes outlined and that it will obtain similar undertakings in regard to any such data that it is entitled to pass to sub-contractors. The Organiser shall be entitled to pass on any personal data or other Exhibitor contact and requirements details to any third party contractors (including without limitation freight companies) so that such contractors may liaise with the Exhibitors directly.
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