Terms and Conditions
General Terms and Conditions of Business and Hire of Exposure Group Pty Ltd, the company providing services for trade fairs, exhibitions, events, and other projects
1. Conclusion of contract
1.1. Upon the written acceptance of the design and accompanying quotation a commencement deposit is due immediately.
1.2. The remaining balance of the contract amount will be due and payable within 14 days of the project end date.
1.3. Any approved additions, variations or cancellations will be invoiced seperaltely in full at the conclusion of the project due and payable within 14 days.
2. Manner of transfer for use
2.1. The Customer is aware that as a general rule all items are for hire, are used for exhibition/event/project purposes, sometimes on several occasions and are therefore not always as new.
2.2. Items for hire are made available only for the sole use of the customer for the agreed purpose at the agreed location and for the duration of the exhibition/event/project. The transfer of hired items to third parties is not permitted.
2.3. All plans, drafts, drawings, assembly and installation documentation and all rights to these shall remain the property of Exposure Group Pty Ltd, even when they have been handed over to the customer.
2.4. On delivery of the hired items, the customer must check that they are in good condition, roadworthy and complete.
2.5. At the time of handover/receipt, the customer must give notice in writing of any faults found at this juncture.
2.6. Orders that Exposure Group Pty Ltd have received before the proper deadline will be supplied in a timely manner so that the service/hired item is available before the start of the exhibition/event/project.
2.7. If the exhibition stand/site is not manned at the time of delivery, a proper transfer of the hired items shall be deemed to have taken place if the items are left on the stand.
2.8. There is no obligation on the part of Exposure Group Pty Ltd to check that the person on the stand to which the items are delivered is authorised to accept them.
2.9. Confirmation in writing from Exposure Group Pty Ltd is expressly required for delivery times and special requests to become effective.
3. Liability for defects
3.1. The rights of the customer concerning defects presuppose that the customer has fulfilled in a proper manner his/her obligations concerning checking and registering a complaint.
3.2. If there is a defect in the service/hired item, Exposure Group Pty Ltd is entitled to fulfill the order subsequently either by making good the defect or by supplying a new service/ replacement hired item which is free of defects, at the company’s discretion. The provision of a newly hired item is excluded if the defective hired item has already been used. The costs of making good the defect will be borne by Exposure Group Pty Ltd.
3.3. The limitation period for claims arising from a defect is 12 months, calculated from the date of acceptance of the service/receipt of the hired item.
4.1. The prices as stated in all price lists are net. GST will be charged additionally at a rate of 10%. The prices apply for the duration of the exhibition/event/project not exceeding 5 days.
4.2. The price does not include the costs of transport to and from the venue and of any assembly or dismantling which may be necessary.
5. Handling fees
5.1. For payments made on behalf of a customer, a handling fee will be levied at a rate of 15% to cover administration, fees, and compensation for the delay in reimbursement. Examples include but are not limited to; official show services such as electricity, plumbing, the Internet, and telephony.
6. Late orders
6.1. All orders placed after agreed deadlines will attract additional late fees and charges, and these will be presented for approval before commencement of work.
7. Onsite orders
7.1. For hire goods will be charged an additional $150 surcharge.
7.2. For custom made product, will be assessed and quoted on a case-by-case basis for approval before commencement of work.
8.1. All goods are subject to stock availability. Early orders receive priority.
9. Deviations from the details given in the catalogue
9.1. All dimensions given in the catalogue are approximate. Exposure Group Pty Ltd reserves the right to supply hired items that vary in size, shape and colour from the items ordered insofar as this is reasonable for the customer. The items provided must be of an equivalent or better type.
10. Payment for Exhibition/event/projects
10.1. Orders cannot be confirmed until all deposits, and other charges have been paid in full. No responsibility is accepted for non-delivery of goods where payment has not been made in advance or made available at the time of delivery.
10.2. Orders for less than $5000 AUD are payable in full before commencement of works.
11. Terms of payment
11.1. Invoices issued by Exposure Group Pty Ltd are due for payment by the payment date of the invoice. Irrespective of this, Exposure Group Pty Ltd reserves the right to present invoices during the trade fair which are to be paid immediately by cash, non-negotiable cheque, cheque card or credit card. Authorised representatives of Exposure Group Pty Ltd will make the collection. If payment is delayed, it is the responsibility of the customer to prove that they received the invoice late.
11.2. Payment of invoices should be made by bank transfer into the account named on the invoice, without any deduction and quoting the customer and invoice numbers. If invoices are sent on the instruction of the customer to a third party, the customer nevertheless remains liable for payment.
11.3. Exposure Group Pty Ltd may withdraw from the agreement in the event of default in payments on the part of the customer and may claim compensatory damages for non-fulfillment as well as damages caused by default.
11.4. Orders, which are received by Exposure Group Pty Ltd will only be accepted with 90% payment in advance by bank transfer payable immediately.
11.5. Credit card payment
11.5.i. For MasterCard, VISA and American Express will be charged at 30c + 3%.
12. International clients
12.1. Payment by international clients must be made by one of the following: International Money Transfer, American Express, Visa, MasterCard or by direct deposit to our accounts (Australian Dollars or Euros).
13. Delay in taking delivery on the part of the customer
13.1. If there is a delay on the part of the customer in accepting delivery, they nevertheless remain under an obligation to pay.
13.2. For the rest, in the event of delay in accepting delivery, the customer is under an obligation to make good any loss to Exposure Group Pty Ltd arising from this. Exposure Group Pty Ltd reserves the right to make further claims.
14. Special Deliveries
14.1. Special transport rates apply outside our regular working hours
15.1. Must be carried out by Exposure Group staff or its agents.
15.2. An additional charge will apply for delivery and placement.
16. Courier Deliveries
16.1. We advise that Exposure Group exercises every care in the protection of the customers’ goods for transit and customers should affect their own insurance cover for loss and damage to goods of high value. All delivery dates and times quoted are based on advice from our suppliers and are given in good faith. They do not form part of any contract. We shall not be liable for any loss to the customer or for any third party claim in either case whether any claim is for consequential loss, damage or any other kind of loss caused by delay or failure to deliver goods via third party courier services. In the event of damage in transit or failure to deliver, Exposure Group will endeavor to provide a solution with costs for approval before commencement of work.
17.1. Any fees quoted for onsite storage of empties, cases & materials during a show are provisional. An official contractor for onsite handling usually levies these charges and charges will be confirmed after the show and reconciled in final costs accordingly.
18.1. All goods stored by Exposure Group Pty Ltd under a storage agreement must be covered by the original owners' own insurances. Exposure Group will not be held liable for damage under any circumstances.
18.2. All goods stored by Exposure Group Pty Ltd under a storage agreement will be disposed of within 1 month of the agreements expiry. Bond will be forfeited to cover costs or sold to recover costs.
19.1. If the customer withdraws from this contract or the said exhibition/event/project is cancelled after the contract endorsement; the customer will be liable to pay as per stated below:
· 30% of the said contract sum before the agreed start date of production.
· 100% of the said contract sum after the agreed start date of production.
20. Liability on the part of the customer
20.1. The customer is liable for damage to, and loss of, the items supplied to them. Their own fault shall be on the same footing as that of the other persons employed in performing the obligation for which he is vicariously liable or that of his vicarious agents, relations, and mandatees.
20.2. Hired items, which are damaged or broken or lost, will be repaired or replaced by Exposure Group Pty Ltd at the customer’s expense at cost price.
20.3. Exposure Group Pty Ltd must be notified immediately of any damage. It is recommended that an insurance policy should be taken out for hired items. In particular, Exposure Group Pty Ltd stresses the risk of theft.
20.4. The customer is under an obligation to handle hired items with care. Hired items may not be glued, nailed, painted or otherwise damaged. The customer is not entitled to make any modifications to the items supplied without the prior consent of Exposure Group Pty Ltd. The customer may not remove identification marks.
20.5. The customer must make hired items available for collection immediately after the end of the event.
20.6. If the customer delays the return of hired items, Exposure Group Pty Ltd shall be entitled to prepare these items for removal at the cost and risk of the customer. It will be presupposed that the customer consents to this being done.
20.7. Any defects noted by Exposure Group Pty Ltd in the hired items when they are returned will be notified to the customer immediately. If the customer does not object in writing within one week of receipt of the report, the observations will be regarded as having been accepted.
20.8. The customer assumes the risk of, and indemnifies Exposure Group Pty Ltd, holding them harmless from and against any and all property damage and personal injury resulting from the use of the Equipment.
21. Liability on the part of Exposure Group Pty Ltd
21.1. Exposure Group Pty Ltd shall be liable in accordance with the statutory regulations. In the event of minor negligence, Exposure Group Pty Ltd shall only be liable if important contractual obligations (cardinal obligations) are infringed and only for damages which are of a contractual nature and foreseeable. Liability for personal damages shall remain unaffected.
21.2. No responsibility can be accepted for goods left in or on hire goods following the closure of a project.
22.1. Any claim relating to the quality of the equipment or services provided must be made at the time of delivery or during the exhibition/event/project.
22.2. NO CLAIM will be recognized after the exhibition/event/project closes.
23.1. Exposure Group Pty Ltd reserves the right to use photography of any project for promotional use unless excluded by a non-disclosure agreement.
24. Final clauses
24.1. In the event of individual provisions or clauses being ineffective, the effectiveness of the “General Terms and Conditions of Business and Hire” shall remain unaffected.
24.2. This version of these “General Terms and Conditions of Business and Hire” is the sole legally binding version. All agreements, authorisations and verbal collateral agreements require the written form to become effective. This shall also apply to any change in the preceding sentence.
24.3. The law of the Commonwealth of Australia shall apply. The application of the provisions of the international law on sales (CISG) to this contract is excluded.
24.4. Within the limitations of the Privacy Acts Exposure Group Pty Ltd is entitled to store electronically the data relating to the customer for automatic processing and, insofar as is necessary or expedient for the fulfillment of the contract, to pass it on to third parties. The customer hereby gives his/her express consent to this.
24.5. Exposure Group Pty Ltd and the customer are under an obligation to keep confidential all information on personal data, which becomes known to them, their employees or third parties mandated by them for the fulfillment of the contract. Exposure Group Pty Ltd and the customer will not use or utilise this information on personal data in any form except for the fulfillment of the contract. Exposure Group Pty Ltd and the customer will carry out all their obligations arising from the Privacy Acts and will place their employees and mandated third parties under a corresponding obligation. This obligation will continue to apply after the termination of the contractual relationship.