The Standard Terms & Conditions that appear below set out the mutual obligations between you as an Exhibitor ('the Client') and Exibit as the event organiser.

These Standard Terms & Conditions apply to all Events conducted by Exibit at the Perth Convention Exhibition Centre.

These Standard Terms & Conditions are to be read in conjunction with: (1) the Quotation & Exhibitor Agreement ("the Agreement") between Exibit Events Pty Ltd ACN 089 992 110 (“Exibit”) and the “Client”, as defined in the Agreement; and (2) the InfoPack of which these Standard Terms & Conditions form a component.

1. Insurance

1.1 The Client shall obtain and maintain the following insurance in respect of the Event including but not limited to:

  • Public Liability Insurance with a minimum of $10 million coverage for any one claim against personal injury or damage to property with Exibit noted as joint insured.

  • Workers Compensation Insurance covering all employees of the Client, their contractors and sub-contractors and Personal Accident Cover in respect of volunteers.

  • Motor Vehicle Third Party Insurance in respect to vehicles on the premises with a minimum of $5 million coverage.

1.2 The Client shall provide Exibit with certificates of currency relevant to the above insurances. Exibit may charge the Client $125 in the case whereby the Client fails to provide a certificate of currency in respect of the Public Liability Insurance.

2. Risk

2.1 The Client acknowledges that it uses the Venue and its facilities at its own risk.

2.2 All property brought onto the Venue premises by the Client shall be at the Client's risk and Exibit is not responsible for any loss or damage whatsoever to the Client's property.

3. Indemnification

3.1 The Client shall indemnify and keep indemnified Exibit against all actions, liabilities, proceedings, claims, costs (including costs on a full indemnity basis) and expenses which Exibit may suffer, incur or sustain in connection with or arising in any way whatsoever in relation to these Standard Terms & Conditions and the Agreement or out of the use of the Venue that is caused or contributed by the Client and their employees, agents or contractors.

4. Compliance With Laws

4.1 The Client shall promptly comply with all Laws, all directions from Government Authorities, obtain all the necessary consents, licences or approvals whatsoever, and wherever applicable, and with these Standard Terms & Conditions.

5. Food and Beverage Service

5.1 The Client acknowledges that only Exibit or its nominated agent is solely authorised to provide food and beverage services at the Venue.

5.2 The Client shall not distribute or sell food or beverages without the prior written consent from Exibit or its nominated agent.

5.3 The Client shall only distribute food or beverage products if the Client is the legal distributor and/or manufacturer of the food or beverage products.

5.4 The Client shall not distribute or sell alcohol without the prior written consent of Exibit or its nominated agent and not without obtaining a Liquor Licence.

6. Rigging and Services

6.1 The Client shall exclusively contract persons authorised by Exibit or its nominated agent prior to attaching, connecting or obtaining rigging, water, waste, telecommunications and electrical services to or from any part of the Venue premises.

6.2 The Client shall pay for the services and/or labour of such authorised persons and shall indemnify and keep indemnified Exibit against all actions, liabilities, proceedings, claims, costs (including costs on a full indemnity basis) and expenses which Exibit may suffer, incur or sustain in connection with or arising in any way whatsoever out of such services and/or labour.

7. Defacement of Venue Premises

7.1 The Client shall restore, at its own expense, the Venue premises to the same condition as prior to any alterations undertaken or caused by the Client.

8. Signs, Posters, Promotional Material and Attachments

8.1 The Client shall not be permitted to perform any of the following without the prior written consent of Exibit:

  • Any fixing of nails, hooks, tacks, screws or adhesive fastenings to the Venue premises or to any other structure that is not the property of the Client.

  • Attachment or distribution of any signs, posters, banners, brochures or any other advertising or promotional material outside of the Client's stand.

  • Any other fastening or attachment tending to injure or deface the Venue premises.

9. Abandoned, Lost, Misplaced or Stolen Goods

9.1 The Client shall meet the costs of disposing of any equipment or effects of the Client (or of any other person entering the Venue premises with the express or implied invitation or permission of the Client) that has been either abandoned, lost or misplaced during the period of the Event or that remains within the Venue at the conclusion of the Event.

9.2 The Client shall release Exibit from any responsibility whatsoever for losses suffered by the Client (or by any other person entering the Venue premises with the express or implied invitation or permission of the Client) in respect of abandoned, lost, misplaced or stolen goods.

10. Objectionable Uses or Persons

10.1 The Agreement shall be deemed violated and it shall be able to be immediately terminated in the case where there is any use by the Client of the Venue premises that is in violation of any Laws.

10.2 Exibit shall be entitled to refuse entry to or to immediately eject from the Venue any person, including hawkers, whose conduct is objectionable, disorderly or disruptive to the Event, or in violation of any Law.

10.3 Exibit may, at its total discretion, without any notice, remove any Client at any time without refund.

11. Broadcast, Recording and Advertising Rights

11.1 The Client shall not record or broadcast the Event without the prior written consent of Exibit.

11.2 The Client shall not distribute, publish or broadcast any advertising publicity or promotional material relevant to the Event without the prior written consent of Exibit.

11.3 Exibit shall have the exclusive right to operate any public address system within the Venue and the Client shall not operate any other public address system within the Venue without the prior written consent of Exibit.

12. Merchandising

12.1 The Client shall not sell any products or services at the Event without the prior written consent of Exibit.

13. Copyrights and Proprietary Material

13.1 The Client shall obtain all necessary licences and shall pay all costs and fees arising from the use of copyrighted materials, or any other property subject to any trademarks, patent or other proprietary right that is used at or incorporated within the Event.

13.2 The Client shall indemnify and keep indemnified Exibit against all actions, liabilities, proceedings, claims, costs (including costs on a full indemnity basis) and expenses which Exibit may suffer, incur or sustain in connection with or arising in any way whatsoever out of the use of any such material.

14. Venue and Dates

14.1 Exibit shall have the right to change the name, venue and/or dates of the Event or Publication at its absolute discretion, provided that Exibit shall give the Client a minimum of eight (8) weeks notice in writing of its intention to vary the name, date and/or the venue for the Event or Publication. Further, it is expressly agreed that upon receipt by the Client of Exibit's notice of intention to vary the name, date and/or the venue of the Event or Publication the Agreement between Exibit and the Client shall be deemed as varied accordingly.

15. Termination and Delivery of Notice

15.1 Exibit may immediately terminate the Agreement upon any breach of these Standard Terms & Conditions or any other terms and conditions contained in the Exhibitor InfoPack or as notified from time to time by Exibit pursuant to the Agreement.

15.2 Exibit shall be entitled to retain any money paid to it by the Client up to the date of termination if the Agreement is terminated pursuant to Clause 15.1.

15.3 All notices shall be in writing and delivered personally or either by post, courier, facsimile or email.

16. Force Majeure

16.1 Exibit may elect to terminate the Agreement without liability whatsoever in the case where any obligation that Exibit has to the Client is delayed, prevented or rendered impractical by any of the following occurrences (to the extent such an occurrence is beyond the reasonable control of Exibit): fire, flood, riot, earthquake, strike by Venue employees, civil commotion, Act of God, act of terrorism or any other ordinance, rule or regulation which becomes effective before the date of or during the Event.

16.2 Exibit shall be entitled to retain any money paid to it by the Client up to the date of termination if the Agreement is terminated pursuant to Clause 16.1 or otherwise frustrated.

17. Variation

17.1 The Client shall not vary any provision of the Agreement and/or these Standard Terms & Conditions and other terms and conditions or any approved “Special Condition” which has been incorporated into the Agreement, without the prior written consent of Exibit.

18. Assignment

18.1 The Client shall not assign, transfer or otherwise dispose of the rights granted by these Standard Terms & Conditions without the prior written consent of Exibit. Exibit's consent may be given or withheld at its absolute discretion.

18.2 Without limiting the generality of Clause 18.1, Exibit may at any time, with or without the consent of the Client, transfer by way of assignment or novation all or any of its rights, benefits and obligations hereunder. For the purposes of this clause, the Client agrees Exibit may disclose to a potential transferee such information about the Client, its business, assets and financial condition, as Exibit shall consider necessary or appropriate.

18.3 If Exibit partially transfers any of its rights, benefits and obligations hereunder pursuant to Clause 18.2, all references in these Standard Terms & Conditions to Exibit shall thereafter (save as herein otherwise expressly provided) be construed as a reference to Exibit and its transferee or transferees or, in the case of a transfer of all of its rights, benefits and obligations hereunder, to its transferee or transferees alone.

19. Severability & Governing Law

19.1 If any part of the Agreement becomes void or unenforceable then that part shall be severed to the intent that all parts that are not void or unenforceable shall remain in full force and effect. The Agreement shall be governed and construed in accordance with the Laws of Western Australia and the parties submit to the jurisdiction of the Courts of Perth, Western Australia.

20. Deliveries

20.1 Exibit shall not be required to take delivery of any goods, packages or any other material on behalf of the Client nor shall Exibit be required to accept responsibility for any items delivered to the Venue in the absence of the Client, its employees, agents or its contractors.

21. Storage

21.1 The Client shall not store goods at the Venue except in so far as they relate to the immediate conduct of the Event. To the extent that the Client does store goods at the Venue, such goods: shall exclude empty or partially empty cartons and other packaging materials; shall not hinder personal access or traffic flow in the aisle ways or doorways at any time; and shall not constitute a fire, explosion or injury risk.

22. Fire-Proof Materials

22.1 Clients shall only utilise the following materials and shall comply with the following standards in respect of ensuring stands do not constitute a fire risk: non combustible material; inherently non-flammable material; flame-proof fabric; self-extinguishing material; and plywood, hardwood, pulp-board or fibreboard rendered flame-resistant by a process of impregnation that is acceptable to the appropriate State Government authorities.

23. Withdrawal Fee

23.1 The Client shall pay Exibit a fee (“the Withdrawal Fee”) in the case where the Client elects to withdraw from participating in the Event or Publication. In order to withdraw from participating in the Event or Publication the Client shall notify Exibit in writing of its intention to withdraw and shall sign a notice of Intention not to Participate form provided by Exibit.

23.2 The Withdrawal Fee shall be calculated by multiplying the Contract Total that appears on the Agreement by a Percentage. The Percentage shall be calculated in accordance with Clause 23.3 or 23.4 (whichever is applicable).

23.3 The Percentage shall in the first instance be calculated as the greater of (a) 20% or (b) [10 – (minus) number of whole calendar months from the date of the notice of Intention not to Participate form to the date of the Event or Publication] x 10%.

23.4 The Client shall pay the Withdrawal Fee within one (1) month of Exibit sending the notice of the Intention not to Participate form. In the case whereby the Withdrawal Fee is not paid within one (1) month, and at the time the number of whole months to the date of the Event or Publication decreases by 1, the Percentage will increase by 10% and the Percentage will continue to increase by increments of 10% for each subsequent time the number of whole months to the Event or Publication decreases by 1 until the Withdrawal Fee is paid.

23.5 In the case whereby the Agreement is for more than one Event or Publication, the Withdrawal Fee shall be: (a) based on the Percentage being calculated on the full fee which would have been charged for the Event or Publication in isolation and from the date of the next Event or Publication to be attended under the Agreement and the terms of clauses 23.3 and 23.4 shall otherwise apply; plus (b) if the Client has already paid for the prior Event/s or Publication/s, the difference between the discounted fee charged to the Client for the Event/s or Publication/s already attended and the full fee which have been charged had the Client signed up to those Event/s or Publication/s in isolation; or (c) if the Client has not paid the prior Event/s or Publication/s, the full fee which would have been charged had the Client signed up for the Event/s or Publication/s in isolation.

23.6 In the case whereby the Event or Publication date is changed in accordance with Clause 14.1, the Withdrawal Fee shall be based on the Event or Publication date that appears on the Agreement.

23.7 Exibit shall be entitled to hold all monies, including the deposit advanced by the Client to Exibit in respect of the Agreement, as security deposits. These monies shall be applied in whole or part (whichever is applicable) in payment of the Withdrawal Fee.

23.8 The Client agrees that the Withdrawal Fee is a reasonable and genuine pre-estimate of the damage that would be suffered by Exibit as a result of the Client’s withdrawal and agrees that this Clause 23 is not a penalty.

23.9 The Client acknowledges that Exibit may elect to defer commencing any enforcement or any proceedings whatsoever in relation to any monies payable by the Client to Exibit under this clause 23 until after the date of the last Event or Publication which the Client had signed up to attend.

24. Default

24.1 The Client shall not be entitled to a refund of monies in the case where it fails to appear at the Event or fails to provide material by the Advertisement Deadline.

24.2 Failure to remit the deposit or any payment in accordance with the “Payment Schedule” specified in the Agreement shall result in the Contract Total that appears on the Agreement, less any payments already made to Exibit, becoming immediately due and payable and Exibit may, at its absolute discretion, allocate the Client’s Event stand or Publication space to another party. The Client agrees that Clause 24.2 is reasonable and not a penalty.

24.3 The Client shall pay to Exibit all legal costs (on a full indemnity basis), charges, duties and other expenses incurred by Exibit as a result of the Client failing to perform the terms and conditions of the Agreement. The expenses include, but are not limited to, the commission payable to a debt collector to pursue or recover outstanding monies pursuant to the Agreement and the liability to pay this commission arises at the time the recovery is placed in the hands of the debt collector. The Client agrees that it is liable for and will pay any stamp duty assessed on the Agreement.

25. Security

25.1 The Client agrees that for the purpose of securing the obligations and liabilities of the Client under the Agreement to, in favour of Exibit, hereby charge and mortgage with the due and punctual payment and the due and punctual and complete performance of all its liabilities and obligations and legal and equitable interest of whatsoever nature held in any real and personal property both present and future and the Client hereby consents to Exibit lodging a caveat noting its proprietary interest hereunder.

26. Co-Exhibiting

26.1 The Client shall not share its stand with any other party without the prior written consent of Exibit.

27. GST

27.1 “GST” means any tax, levy, charge or impost imposed under the New Tax System (Goods and Services Tax) Act 1999.

27.2 The fees, charges and levies stated in the Agreement, the Exhibitor InfoPack and in these Standard Terms & Conditions and any annexure or schedule to any of the foregoing include GST. Exibit shall notify the GST amount to the Client and the Client shall pay Exibit in the same manner as determined by the (Goods and Services Tax) Act 1999 and/or any ruling made by the Australian Taxation Office from time to time.

27.3 This provision is an essential term of these Standard Terms & Conditions.

27.4 If GST is, or becomes payable by Exibit in respect of a fee, levy or charge paid to Exibit by the Client after the fee, levy or charge has been paid by the Client, Exibit may give notice to the Client stating details of the fee, levy or charge, the date it was paid and the amount of GST due.

27.5 Following receipt of notice issued under Clause 28.4 the Client shall pay to Exibit the amount of GST due as stated in the notice within fourteen (14) days.

28. No Warranties

28.1 Notwithstanding anything contained herein or anything contained in the Agreement, Exibit gives no warranty as to:

  • the amount, type, location, duration or any other matter related to or incidental in anyway to the advertising or promotion of the Event which Exibit may or may not undertake;
  • the projected or actual attendance by the general public at the Event; or
  • any other matter related to the success or outcomes achieved or hoped to be achieved by the Client from or in relation to the Event

and in no event shall Exibit be liable for any other claims, losses or damages including but not limited to claims in relation to the advertising, promotion, attendance, success or any other matter whatsoever relating to the Event or howsoever arising and any indirect, special or consequential damage or injury to any person, corporation or other entity.

29. General

29.1 The Client agrees to pay the Contract Total, without any deduction or set off in law or in equity whatsoever, within such period as contained in the Agreement or as may be notified to the Client by Exibit from time to time.

29.2 Exibit shall be entitled to charge interest on all outstanding monies due by the Client at the rate of 12.0% per annum.

29.3 The Client agrees that a variation or waiver of a term or condition under the Agreement is effective only if it is in writing and signed by Exibit. Such waiver is effective only in the specific instance and for the specific purpose it was given.

29.4 The Client warrants and agrees that where they are, at the time of executing the Agreement, a trustee of any trust (the “Trust”):-(a) to produce a stamped copy of the Trust deed (with all amendments) if and when requested by Exibit; (b) that they have full power and authority to execute, or continue with their obligations under these Standard Terms and Conditions and the Agreement on behalf of the Trust as they are doing so in their individual capacity and in their several capacity as trustee; (c) that they shall be bound by these Standard Terms & Conditions and the Agreement in their individual capacity, or further or alternatively, in their several capacity as trustee; and (d) that the assets of the Trust shall be available to meet payment of their obligations to Exibit.

29.5 Where there is any inconsistency between these Standard Terms & Conditions and the Agreement and any prior or subsequent agreement between Exibit and the Client, any such prior or subsequent agreement shall be read down to the extent necessary to give full force and effect to these Standard Terms & Conditions and the Agreement.

29.6 Subject to these Standard Terms & Conditions and the Agreement this document embodies the entire understanding and agreement between Exibit and the Client as to the subject matter of this document. Subject to these Standard Terms & Conditions and the Agreement all previous negotiations, understandings, representations, warranties, memoranda or commitments in relation to, or in any way affecting, the subject matter of this document are merged in and superseded by this document and shall be of no force or effect whatsoever and Exibit will not be liable to the Client in respect of those matters. No oral explanation or information provided by Exibit to the Client shall affect the meaning or interpretation of this document or constitute any collateral agreement, warranty or interpretation of this document or constitute any collateral agreement, warranty or understanding between the parties.

7 July 2014