1. GENERAL The following general conditions apply over and above the terms contained in the specific agreement between the Exhibitor and Elmia AB (Elmia) except where a contrary, express agreement has been reached between the parties.
2. PROCEDURE FOR CONCLUDING THE AGREEMENT Application for a stand site at the fair shall either be made on Elmia's official Application Form, which shall be signed by the Exhibitor and sent to Elmia, or verbally. Applications are binding on the Exhibitor until accepted or declined by Elmia in writing. If the application is accepted, a binding agreement shall be deemed to have been reached for the hire of a stand site during the fair at the charge specified by Elmia on its Order Confirmation. If there is any discrepancy between the details given on the Application Form and those contained in the Order Confirmation, the latter shall prevail unless the Exhibitor lodges a written objection within 14 days of receipt of the Order Confirmation. The Exhibitor shall be entitled to cancel the agreement only if notice thereof is submitted to Elmia within the same 14-day period. It is assumed that the Exhibitor will have received the Order Confirmation no later than four working days after the date of posting.
3. ALLOCATION OF STAND SITES Stand sites will be allocated by Elmia or an agency authorized by Elmia for that purpose. Any objection to the allocated stand site must be submitted to Elmia no later than one week after the notice of allocation has been sent to the Exhibitor by Elmia.
Failure by the Exhibitor to respond within this time could result in the objection not being dealt with. Elmia (including its authorized agents) retains the right to allocate a different site for the stand to that specified on the Order Confirmation, to change the size of the stand, to close exits or entrances to the site of the fair and the exhibition halls, and to modify the buildings in any way that it deems expedient in response to special or unforeseen circumstances. The Exhibitor shall be entitled to cancel the stand rental agreement within one week of receipt of notification of such a change if his interests have been unreasonably prejudiced as a result. Notice to cancel the agreement must be given in writing.
4. MAIN EXHIBITOR, CO-EXHIBITORS, ASSIGNMENT OF STANDS As a Main Exhibitor, the Exhibitor may notify Elmia of any co-exhibitors sharing the stand. The notification must be made in writing on the form supplied by Elmia. The Main Exhibitor is responsible to Elmia for the observance of the General Conditions by any co-exhibitor. All charges will be invoiced by Elmia to the Main Exhibitor, i.e. even those in respect of co-exhibitors. The Exhibitor may not assign the stand to another, wholly or in part, without written permission from Elmia.
5. CONSTRUCTION OF STANDS The design and construction of the stand are the responsibility of the Exhibitor and must be done in accordance with Elmia's instructions and any technical directions. If the Exhibitor intends to erect a two-story stand, plans of the stand together with strength calculations of the structure must be submitted to Elmia at least two months before the start of the fair. Elmia is entitled to charge for the total floor area of multistory stands at the same rate per square meter as quoted for single-story stands.
The corporate information, products and services displayed and presented on the stand must not create a visual or audible nuisance to adjacent stands, nor create an impediment or hindrance to other exhibitors or communications in the exhibition hall. The Exhibitor must keep the stand in the best possible order and carry out at his own expense any improvements requested by Elmia.
Throughout the opening hours of the fair, the stand must be attended by one or more members of the Exhibitor's staff and the exhibits must be on view. All products exhibited must be fresh from the factory and unused, unless they have been produced exclusively as exhibit items or for viewing. The Exhibitor is not permitted to display any items other than those specified on the Application Form or in the catalogue entry.
Elmia retains the right to have removed from the stand: a) any items the exhibiting of which or manner in which they are displayed contravenes the provisions of the Unfair Competition legislation; and b) any items deemed inappropriate to the fair's programme.
The direct sale of exhibited goods or services from the stand is prohibited without written permission from Elmia This restriction does not apply to trade literature, such as books, magazines and other data media.
6. LIABILITY AND INSURANCE Elmia does not accept any duty of care for the Exhibitor's property or being transported to or from the stand. The Exhibitor is therefore advised to secure the insurance he deems necessary.
The Exhibitor is also solely responsible during the fair for any loss or injury incurred by him, his staff, Elmia or a third party that results from the action of the Exhibitor or anyone employed or hired by him.
7. SAFETY REGULATIONS The Exhibitor shall not exhibit explosives or other products deemed unsuitable by Elmia for safety reasons. Special permission must be obtained from Elmia if the Exhibitor wishes to use pressure vessels during the fair. All exhibits must conform to the regulation of the relevant authorities and, where required, must have received approval from the authorities.
The Exhibitor is reminded of his legal responsibilities under the legislation on occupational safety and health in respect of machinery exhibited (see Swedish Board of Occupational Safety and Health, Chapter 3, 8th §). Elmia disclaims any liability for loss, damage or injury resulting from the failure of the Exhibitor to observe the regulations or to obtain the requisite approval. The Exhibitor shall be held liable for all costs and damage resulting from such failure.
Demonstrations of machinery emitting high noise levels or that could cause damage to the ground shall be confined to the special demonstration sites designated by Elmia. The Exhibitor is responsible for restoring the site to its original state.
8. ACCESS TO THE EXHIBITION SITE Elmia will issue a separate notice in good time before the start of the fair to inform the Exhibitor of the date from which he will be granted access to the site. The Exhibitor must take possession of the allotted stand site no later than 24 hours before the fair opens. If he fails to do so, Elmia shall have the right to dispose of the site. The stand must be made ready no later than two hours before the fair opens. The Exhibitor shall not be entitled to take possession of the allotted site until the stand rental has been paid.
9. TRANSPORT All transport of exhibits to and from the site is the responsibility of the Exhibitor. Bulky items that cannot readily be transported through the gangways must be brought in at least one day earlier than the access date notified by Elmia in accordance with point 8 above.
10. REMOVAL OF EXHIBITS No exhibits may be removed from the exhibition area on the fair days without special permission from Elmia. At the end of the fair, the Exhibitor must remove all his exhibits and property by the date and time notified by Elmia for that fair. If the Exhibitor fails to remove his property by the specified time, Elmia shall be entitled to have the property removed at the expense of the Exhibitor. The Exhibitor is also liable to indemnify Elmia for any loss, damage or costs incurred as a result of his failure to remove the property.
11. TRADE FAIR CATALOGUE AND INFORMATION TO THE THIRD PARTY If a catalogue is issued for the fair, details of the Exhibitor will be included free of charge unless otherwise stated. The details for inclusion in the catalogue should be submitted to Elmia on the form provided. The nature and extent of catalogue entries are determined by Elmia, and Elmia also has sole responsibility for determining the catalogue layout. Elmia shall not be liable for any errors in or omissions from the catalogue. The exhibitor allows that information available about him be given to the third party to the extent that can be considered normal for the trade fair industry.
12. CONDITIONS OF PAYMENT Unless specific conditions of payment are given on Elmia's Order Confirmation, stand rental agreement or invoice, the agreed stand rental must be paid in full without further notice no later than two months before the start of the fair. The registration fee, which is not deductible from the stand rental, shall be paid after receipt of the Order Confirmation and in accordance with the terms stated therein.
Interest will be charged on late payments at the rate allowed under Swedish law.
Access to the allotted site is conditional on the Exhibitor's having paid the registration fee and stand rental in full by the specified times.
13. GENERAL RESTRICTIONS TO BE OBSERVED BY EXHIBITORS Exhibitors are not permitted:
-to display signs or publicize in any other way in the Elmia fair complex any exhibition taking place outside the complex.
-to place items outside the stand area or to obstruct access to fire equipment, emergency exits, power distribution units or other equipment or systems in the fair complex.
-to use anything other than Elmia's standard surface treatment on Elmia's walls and other material unless special permission has been given by Elmia.
-to use any decorating materials that are not approved by the fire authority.
-to store any gases or flammable liquids or to use a naked flame in the exhibition area unless special permission has been obtained from both Elmia and the fire authority.
-to display or distribute any advertising material outside the area of the stand.
-to present decorations, demonstrations, advertising or marketing materials on the stand that contravene or infringe against marketing law or the code of practice on advertising laid down by the International Chamber of Commerce.
-to use the stand or exhibition complex to promote political or other propaganda that does not have a direct bearing on the Exhibitor's products or business.
14. WITHDRAWAL FROM THE AGREEMENT If the Exhibitor withdraws from the agreement to exhibit at the fair without receiving the approval of Elmia, he shall be liable to indemnify Elmia by an amount corresponding to the agreed registration fee and stand rental for the stand. If notice to cancel the agreement is given in writing to Elmia at least six months before the opening date of the fair, the amount of the indemnity will be reduced by 50% of the stand rental for the stand. If the agreement is cancelled, Elmia shall be entitled to dispose of the site, reallocate the stand or make any other arrangement to reduce its loss, regardless of whether the Exhibitor has
paid indemnity or the stand rental.
15. BREACH OF CONTRACT If the Exhibitor contravenes or infringes the agreement or the associated General Conditions, other than by canceling the agreement as specified in point 14 above, and does not immediately rectify the breach after it has been brought to his attention, Elmia has the right to exclude the Exhibitor from the fair whether it has opened yet or not. The Exhibitor shall then be liable to pay the full stand rental for the stand together with compensation for any loss or damage incurred by Elmia. As security against the discharge of the liabilities of the Exhibitor, Elmia shall be entitled to seize any of the Exhibitor's property inside the exhibition area.
16. FORCE MAJEURE In the event of war, general mobilization, action taken by the government or other public authorities, lockout, strike action, natural disaster, fire or other circumstance beyond the control of Elmia, Elmia shall be free to cancel the fair or to postpone it until the trouble has ended. If the fair is cancelled, the Exhibitor shall not be entitled to obtain a refund of the stand rental for the stand but will instead be given priority over new exhibitors in the allocation of stand sites at the next staging of the fair.
If Elmia is forced for reasons other than force majeure to cancel or postpone the fair, the Exhibitor will automatically be released from his obligations under the agreement and shall be entitled to receive a refund within 20 days of all monies paid to Elmia for stand rental or other services.
However, Elmia shall not be liable to pay the Exhibitor any compensation for losses of any kind arising from the cancellation or postponement of the fair.
17. SETTLEMENT OF DISPUTES The agreement between Elmia and the Exhibitor shall be governed by Swedish law. The place for performance of the agreement is Jönköping, Sweden. Any dispute between the parties shall be decided by a court of law, in the first instance being the Jönköping City Court (Tingsrätt).Elmia reserves the right to institute proceedings against the Exhibitor in a court of law in the Exhibitor's home country.
Elmia, Jönköping, Sweden, version 01:01