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APPLICATION TERMS & CONDITIONS
TERMS AND CONDITIONS OF SALE
The Africa Aerospace and Defence Exhibition and Air Show, a partnership between the South African Aerospace, Maritime and Defence Industries Association (AMD), the Armaments Corporation of South Africa SOC Ltd (ARMSCOR), the Commercial Aviation Association of Southern Africa (CAASA) and with the support of the Department of Defence (DOD), having its registered office at Air Force Base Waterkloof, 4th Street, Centurion, City of Tshwane, South Africa, hereinafter referred to as the "Organiser"
The natural person or legal entity, identified in greater detail on the application form, taking part in Africa Aerospace and Defence 2020 - AAD2020 (hereinafter referred to as the "Show"), duly represented for the purpose of signing this document and hereinafter referred to as the "exhibitor".
It is stated that:
By signing the Application Form, the exhibitor agrees to abide by the Terms and Conditions detailed hereinafter and the Exhibitor Manual and to have read them in full, as well as to abide by any new terms which could be applied as a result of circumstances and adopted in the interest of the Show by the Organiser, who reserves the right to inform the exhibitor of them at any time up to and including the date(s) of the Show.
- PRELIMINARY SECTION - GENERAL TERMS
- The event reserved for trade visitors, aged over 16, from 16 to 18 September 2020 and is open to the general public on 19 and 20 September 2020.
- In the event of a force majeure or upon request by the South African authorities and/or for reasons relating to personal safety, the date, location, duration and opening hours of the event may be altered by the Organiser, without this constituting grounds for compensation.
There are two categories of exhibitor; when the term "exhibitor" is used in
this document without being clearly attached to one or other of these two categories
it shall refer to all exhibitors irrespective of category, namely:
- direct exhibitor - A direct exhibitor is a legal entity that books an individual stand or organizes a group stand, and which, on receipt of the corresponding invoice, pays the Organiser directly or through their appointed sole agent.
- indirect exhibitor - An indirect exhibitor is a legal entity on behalf of whom an application form is submitted by a direct exhibitor and under the responsibility of the direct exhibitor to the Organiser.
- It is the particular responsibility of the direct exhibitor to communicate these Terms and Conditions of Sale to its indirect exhibitor(s) and to ensure they are adhered to by its indirect exhibitor(s).
Qualification for South African Rates
In order for exhibiting companies to qualify for South African exhibition
rates, a company must satisfy the following criteria:
- Have their registered office in South Africa,
undertake, in South Africa, one or more of the following activities:
- industrial activities, whether as a manufacturer, sub-contractor or supplier,
- the design, development, production, maintenance, upgrading and operation of equipment and its associated material,
- the manufacturing or modification of equipment, tools and materials,
- developing high-tech capabilities, applications and products,
- training, equipping and supporting the user,
- consultancy or services involving marketing, sales, finance, exporting and cooperation (this concerns in particular agencies, establishments, offices and organizations recognized by governments of authorized countries),
- publishing magazines, documentation, catalogues and listings.
The following are excluded:
- Agents or intermediaries who are not officially recognized as stipulated above,
- Companies or organizations whose sole aim is to import for immediate resale.
- In order for exhibiting companies to qualify for South African exhibition rates, a company must satisfy the following criteria:
Only products and/or services that comply with the criteria listed above may be exhibited on the South African stand. Should products not comply with the above, that portion of the stand on which these products and/or services will be exhibited will have to be specified and will be charged at international rates.
All marketing and branding must be in the name of the South African company and any international company may only be listed as an Indirect Exhibitor. The AAD Organisers reserves the right to make the final decision concerning the admittance or non-admittance of exhibitors.
- EXHIBITION SPACE ALLOCATION PROCEDURE
- Application for space at AFRICA AEROSPACE AND DEFENCE 2020 shall be made on the prescribed form and shall be signed by the Exhibitor or a person authorized to act on its behalf. Where an agent represents an Exhibitor, the agent shall disclose the name of his principal in writing on the application and attach a written authority to bind such principal, failing which the agent shall be personally bound, as if he were the Exhibitor.
- The application form is considered to have been signed by the duly authorised agent of the applicant, or by any person employed by the applicant and having written authorisation to act on the applicant's behalf. If the applicant uses a sole agent, the aforementioned sole agent should include a copy of the written authorisation from the applicant with the application form.
- Upon acceptance of an application by the Organisers, the application shall ipso facto become a contract binding on the Exhibitor and the Owners (AMD, ARMSCOR, CAASA and the DoD) on the Terms and Conditions contained herein and in the Exhibition Regulations as contained in the Exhibitor Manual.
- The Organiser shall not be bound by any contractual obligations simply on the basis of sending out a registration and booking form, hereinafter referred to as an "application form". The natural person or legal entity applying, hereinafter referred to as the "applicant", simply has the right to make an application.
- The application shall not be binding in any way unless and until accepted by the Show Owners and until the Organisers in accordance with the schedule have received the initial payment in respect thereof. The organizers shall consider no application until the required deposit accompanies the application and the Organisers reserve the right to reallocate the space to other applicants. The exhibitor thus indemnifies the Organisers of any claim as a result of re-allocation of space due to non-payment.
- An application submitted binds the exhibitor unless a notification of cancellation is sent to the Organiser or the Organiser informs the exhibitor that the stand has been released. Should no notice of cancellation be submitted, the exhibitor will remain liable for the first 50% of the value of the application.
- The Organiser uses its discretion to assess applications that are likely to affect the categorisation described in clause 2, the brand image, safety, coherence or any other criteria likely to have a negative impact on the Show or its organisation and the Organiser reserves the right to deny any application on these grounds.
The products and services displayed by the exhibitor must be classified under one of
the following categories, relating to the general aviation and defence industries:
- Aircraft engines and aerospace and defence related power plants.
- Guided weapons.
- Space vehicles and satellites.
- Equipment, including avionic and ground equipment, components and materials used in the products listed above.
- Research and development activities directly applicable to the products listed above.
- Allied equipment and services.
- The display of articles which have not been signed or developed specifically for use in aerospace and/or defence products will not normally be allowed, e.g. domestic articles or general supplies which happen to be used in aircraft. Advertising of such articles in the Exhibition is prohibited without the express written permission of the Organisers.
- Application form
- OCCUPATION OF EXHIBITION SPACE
- The exhibitor undertakes to ensure that the space is permanently occupied during the opening hours of the Show by the exhibitor's staff or representatives.
- The exhibitor may not Show within the space any materials or services other than those listed in the application form and that correspond to the categories drawn up by the Organiser and described in clause 2 above.
- The space reserved is specifically meant for the exhibition/presentation/marketing of products and/or services. Branding opportunities are available and no structure may be erected on the stand exclusively for branding opportunities.
- The exhibitor will not dismantle the stand/space and will not remove any materials before the end of the Show. In the event of a breach of this clause, without the written permission of the Organiser. the Organiser shall be entitled to levy the penalty as specified in the application form and subtract the penalty amount from the Security Deposit.
- The exhibitor may not, in whatsoever form, present materials or services or advertise on behalf of companies that are not exhibitors or not declared by the exhibitor as an indirect exhibitor.
- No events, receptions or conferences are allowed on the space reserved by the exhibitors outside the opening hours of the Show without the written permission of the Organiser.
- Unless all payments due to the Organiser in terms of the contract have been received by the Organiser by the due date set out on the prescribed form, the Exhibitor and his servants, agents and contractors shall not be allowed access to the exhibition ground of AFRICA AEROSPACE AND DEFENCE 2020 and shall not be entitled to any badges or passes, and the Exhibitor shall have no claim of whatever nature or kind arising directly or indirectly there from.
- The Exhibitor acknowledges that only the Exhibition space applied for may be utilized by the Exhibitor and that no further extensions, levels or floors other than the Exhibition space applied for may be built or constructed by the Exhibitor.
- Exhibitors are responsible for decorating their stands and hospitality chalets. However, decoration must comply with the Show regulations in terms of materials, safety and compliance of fittings, assistance and fire safety. In addition decoration of stands must comply with the regulations set out by the Organiser in its Exhibitor Manual which defines, amongst other provisions, the rules governing architecture, safety, conformity of materials to regulations and rules of best practice between exhibitors.
- It is forbidden to display equipment within the area reserved for hospitality chalets and in the hospitality chalets themselves. Only the logo and the name of the exhibitor may be displayed, once the plans for the display have been submitted to the Organiser and approved.
- The Exhibitor should note that the Organisers will use reasonable endeavour to ensure that the electrical equipment is installed and electricity is supplied as requested but the Organisers do not accept responsibility for any failure to do so. Exhibitors shall contract directly with the official Electrical Contractor and comply with the terms of the Exhibitor Manual in relation to electrical supply.
- Every Exhibitor shall ensure their stand is open to view and staffed by competent representatives during the Show's opening hours. In the event of any Exhibitor failing to open their stand or uncover their exhibits the Organisers may do so or may arrange for the stand and exhibits to be removed and the Exhibitor shall be liable for any charges that may be incurred. The Organisers will not be liable for any losses, including consequential losses sustained by the Exhibitor as a result of this action.
- Exhibitors must submit designs for space only stands and multi-level stands no later than 15 July 2020 for complex stands and 11 August 2020 for non-complex stands. It is not necessary to submit plans of internal fittings to walk-on stands, provided that height, boundary and fascia regulations are not infringed. All materials used must comply with the fire regulations of the local and exhibition authorities and building regulations.
- Fees apply for the approval of complex and multi-level stands.
- The Organisers' decision as to whether approval of a particular stand attracts a fee is final.
- Plans for internal modifications to the hospitality suite layout must be submitted to the Safety Officer for approval.
Space allocation procedure
- Presentation of Aircraft
- Any layout plans made available to Exhibitors are for illustrative purposes only and do not constitute a guarantee that any particular Exhibitor will be positioned next to or near any other Exhibitor. The Organisers will, however, use reasonable endeavour to meet Exhibitors' requests on these matters
- Should the need arise, whether for safety reasons, oversubscription of the space available, because of cancellations or to improve presentation of the Show, the Organiser reserves the right to move an exhibitor to a different stand and/or reduce the size of the space (indoor, chalet or outdoor) allocated to the exhibitor, without any such change constituting grounds for compensation. The Organiser is not bound to satisfy exhibitor requests nor bound to offer the exhibitor the same space from one edition of the Show to another.
- If the Organiser does not approve an application form, all sums paid by the applicant will be reimbursed in full by the Organiser.
- The Organiser shall endeavour to give priority to exhibitors who exhibited at the previous edition of the Show in terms of offering the same space or chalet, provided their application form and the corresponding payment are received as prescribed. If exhibitors wish to change their space, the Organiser will also take into account the date that application forms are received when allocating new space to these exhibitors. Other exhibitors' duly completed application forms and corresponding payments will be processed in the order they are received. The decision on the space that will be allocated to each exhibitor remains the sole responsibility of the Organiser
The following criteria will be taken into account for the allocation of space on
the static display area. Priority is given to the following:
- Prototypes exhibited at the Show for the first time,
- Prototypes that have already been presented but that have been significantly modified and remain state - of-the-art,
- Aircraft using new or innovative technologies,
- Aircraft of obvious aeronautical interest,
- Technical requirements,
- The date on which the aircraft application form and data sheets are received.
- In any case, the Organiser is the only decision-maker concerning the location of aircrafts.
The Organiser draws up the Show floor plan and allocates the space.
- Any aircraft presented on the ground and/or in flight must remain at the Show until the last day unless written permission is received from the Organiser to withdraw the aircraft at an earlier time. The static display area is closed between 7pm and 7am, and no aircraft may be moved during this time.
- Where necessary, the Organiser reserves the right to change the position of the aircraft during the Show. The Organiser is responsible for the technical support operations and the supply of airport equipment for the aircraft located within the Show area. For obvious security and responsibility reasons, aircraft and ground support equipment and assistance is provided exclusively by the Organiser and its sub-contractors.
Request for exemption
- Any request for changes to the installation and dismantling dates must be made to the Organiser at least 15 days before the site is due to be occupied. Approval of the request is subject to the approval of the exhibitor's construction plans and cannot be guaranteed.
- Requests for permission to work outside the opening hours of the site must be submitted to the Organiser with 48 hours' notice and shall give rise to additional charges relating to the provision of any services necessary following the request, such as those relating to safety, security, assistance, etc. Under no circumstances will working be allowed during the build-up and breakdown periods after 22:00.
- ENTRY BADGES AND VEHICLE PASSES
Free passes given to exhibitors:
- All personnel attending AAD, including exhibitors' stand personnel, representatives, guests, contractors/subcontractors (stand build and services) personnel who will be working on stands and hospitality areas, must be pre-registered to attend AAD. It is the responsibility of the exhibitor to check the bona fides of all personnel that they register to attend AAD. All personnel attending the event will be screened and entry may be declined as a result of the screening process.
- The deadlines for registering personnel should be noted and strictly adhered to. The Organiser is under no obligation to issue a badge in the event that the registration was not completed by the due date.
- Exhibitors receive free passes according to the extent of the space they occupy as indicated in the Exhibitor Manual.
- Vehicles will only be able to enter the exhibition site if the correct vehicle entry permit is displayed. Driving and parking on-site is only permitted within the dedicated areas and any vehicle entering or parking in any other area will be removed at the cost of the exhibitor.
- The use of private golf carts and quad bikes is prohibited on the exhibition site. Strict adherence to speed limits and safe driving must be adhered to. Golf Carts may be confiscated should the Safety and Security Cluster deem the offense to be serious.
Free passes given to exhibitors
- The Organiser provides the exhibitor with a certain number of entry passes free of charge. These may not be sold on by exhibitors or their service providers. Additional passes may be ordered and collected once payment for these passes at the prescribed fee has been received.
- Free passes given to exhibitors:
- CUSTOMS, TAX, SOCIAL AND REGULATORY REQUIREMENTS
- Each exhibitor shall be responsible for completing the customs clearance procedures for materials and products brought into South Africa from abroad. The Organiser cannot be held responsible for difficulties that may arise during these procedures.
- Each exhibitor shall be responsible for carrying out and complying with all formalities relating to its participation in the build-up, Show and breakdown, in particular in relation to work regulations and the employment of foreign workers.
- Building site regulations as well as health and safety regulations will be communicated by the Organiser to the direct exhibitor via specific documents, the general organisation plan and the safety and security measures to be adopted during the build-up and breakdown of the Show. The exhibitor shall be responsible for complying with any regulations and/or legislation in force for all the companies and/or any sub-contractors authorised to carry out the building and dismantling of the exhibitor's stands and equipment or to assist him during the Show.
- It is prohibited to keep, offer, display, deliver, supply or dispose of, serve or consume liquor in any area of the Show without being in possession of a catering or Occasional Liquor Permit/License in terms of the Gauteng liquor Act, Act 2 of 2003 and in accordance with the terms and conditions set out in the permit/license.
- Please note that there will be no aeronautical radios, air band receivers allowed on the Show. If radios are found on the day it will be confiscated by ICASA. Only on proof of a valid ICASA licence, will the aeronautical radio be returned to the owner after the exhibition only. Radios that are capable of continues tuning (scanners), will not be allowed at the Show.
- Exhibitor wishing to make use of radio frequencies must apply for a special event licence from ICASA. Please go to www.icasa.org.za and go to special events and download the application form and send it back to ICASA.
- Exhibitors intending to play music on stand as an accompaniment to video or live demonstrations, whether live or from records, tapes, discs, or videos, are advised that the Organisers do not hold a licence for the performance of music. Exhibitors wishing to have music broadcast from their stand must apply for licences. The Organisers reserve the right to restrict live performances in the interests of other Exhibitors
- The Exhibitor must familiarise himself with and abide by the Health & Safety Laws and Regulations as set out in the Exhibition Manual and the South African legislation.
- An exhibition stand is a workplace in itself and the Exhibitor is responsible for the occupational health and safety of that work place during the construction, use and dismantling of the stand. The Exhibitor thus has a legal duty of care for anyone on or near the stand who may be affected by the actions or omissions of the stand Contractors or exhibiting staff.
- Stands must be constructed in such a way as to keep visitors off other stands and out of the aisles. Exhibitors' stand designs must show areas designated for visitors viewing displays.
- Exhibitors must ensure that all employees, Contractors, sub-Contractors and agents, in the construction and dismantling of their stands/exhibits, and in the course of all work carried out on site by all or any of them, take all necessary steps to comply with the OHS Regulations.
- The Organisers are responsible for the safety of the site and will appoint a suitable safety officer whose role it will be to create and maintain a safe environment during the buildup, show period and break down. Any Exhibitor or Contractor who ignores reasonable instructions from the safety officer will not be permitted to continue work on his stand until the offending practices are corrected. Continual failure to comply with the safety officer's instructions will result in the Contractor or Exhibitor being asked to leave the site. All operating machinery must have safety guards and be surrounded by clear space. All towers or ladders must be secured safely. It is the Exhibitors' responsibility to ensure that their Contractors are aware of these mandatory requirements, and Exhibitors and Contractors are required to undertake suitable and sufficient risk assessment, covering all activities associated with their participation at the event.
- In the interest of safety, any Exhibitor or Contractor working at the event must ensure that rubbish or unwanted material is removed from the site or specific waste removal is arranged with the official contractor. At the end of each working day Exhibitors and Contractors are to ensure that all rubbish is removed.
- INTELLECTUAL PROPERTY
Intellectual and industrial property
- It is the exhibitor's responsibility to ensure the intellectual and/or industrial protection of the materials or products that it is exhibiting, in accordance with the legislation and/or regulations in force in South Africa and/ or the rest of the world.
Other protected elements
- Exhibitors shall obtain from the relevant entities and/or from the authors and/ or their successors in title, all authorizations required for any kind of utilization, representation, reproduction, or use of any items protected by intellectual and/or industrial property rights (including but not limited to photographs, graphics, music, words, software, databases and films) which may be used by exhibitors during their participation in the Show.
- Exhibitors shall obtain all the authorisations required and pay all related fees. Exhibitors must be able to provide immediate proof thereof, when asked to do so by the Organiser.
Logo and name of the event
- In all cases, the use of the names "AAD", "Africa Aerospace and Defence", "Africa Aerospace and Defence Exhibition and Air Show" or any logo is subject to the prior and express approval of the Organiser.
Restrictions and intellectual property rights of the organiser
- Exhibitors are forbidden from drawing, copying, measuring, photographing or reproducing, by any means whatsoever, the products and/or materials on display in the Show. The Organiser cannot be held responsible for any breaches of whatsoever nature of this present sub-clause by exhibitors and it shall be the responsibility of each exhibitor to ensure that this present sub-clause is complied with.
- Notwithstanding sub-clauses above, the exhibitor expressly authorises the Organiser to take photographs and reproduce and Show views of previous AADs providing they are for the Organiser's own use as part of the activity and promotion of AAD2020 and subsequent Shows, which permission shall persist for the entire duration of the protected period of the relevant work (hereinafter referred to as "IP Rights"). "Views" shall be intended to mean images that allow the brand, stand, logo, staff, clients, visitors, material or services of the exhibitor to be seen, whether clearly or otherwise.
- Intellectual Property Rights means all intellectual property rights including authors' rights, copyright and image rights. Intellectual Property Rights are valid for all media including the internet and shall be granted for worldwide use. The exhibitor is deemed to be in proper possession of the Intellectual Property Rights granted to it or of those that the exhibitor makes regular use of pursuant to a proper transfer of the aforementioned IP Rights. The exhibitor shall ensure that these Intellectual Property Rights are enforceable against all holders of the title therein from which the exhibitor derives its right.
- Consequently, the exhibitor together with its agents, representatives, employees, service providers, indirect exhibitors and holders of the Intellectual Property Rights used, shall settle any dispute that may arise from use of the Intellectual Property rights and the Organiser shall not be considered in any way liable for any such dispute
Communication at the Show
- The sale of any objects or any other communications material on which appear the names "AAD", "Africa Aerospace and Defence", "Africa Aerospace and Defence Exhibition and Air Show" or more generally any logo or name belonging to the Organiser or which is generally used by the latter, is subject to the prior and express approval of the Organiser. The Organiser shall not be liable for any consequence arising from the distribution by the exhibitor of any item, information or media that might be considered as official Show products or official Show information.
- The Organiser reserves the exclusive right to display material within the Show perimeter.
- Therefore the exhibitor may only display in their space posters and logos of the exhibitor's company or registered indirect exhibitors, provided that any such display complies with the rules regarding general decoration of stands and any other stipulations set out herein.
- Newsletters, brochures, catalogues, printed material or objects of any kind may not be distributed by exhibitors anywhere other than on their own stand/space. No printed material referring to materials that are not being exhibited may be distributed without the written permission of the Organiser.
- Any advertising using lights or noise, or any event or demonstration that is likely to generate a gathering of people in the hall aisles must receive prior permission from the Organiser, who may revoke any previously granted permission where it is deemed that an inconvenience has or shall be caused to the flow of visitors around Show, or the Show itself.
- Exhibitors must not undertake any publicity or carry out any action that could be considered misleading, unfair competition, or in breach of the rights of any third party.
- The Organiser or its appointed contractor has the exclusive right to produce, publish and distribute the Exhibition catalogue. The information needed to produce the catalogue will be provided by exhibitors at their sole responsibility and within the time frame set by the Organiser. Any failure to comply with the time frame may result in the relevant information being excluded from the Catalogue. The rights to use and reproduce elements protected by Intellectual Property Rights supplied by the exhibitor and included in the catalogue are provided to the Organiser free of charge for the purposes of the catalogue, its distribution and the Show communication, for the duration of the protection of the rights.
- Intellectual and industrial property
Due to the fact that time is of the essence in regard to the performance of the
Exhibitor of its obligations in terms of this contract the following terms will apply in
the event of any breach of this contract:
- The Organisers shall be entitled , notwithstanding anything elsewhere provided and without prejudice to any rights they may have, to cancel the contract after the Exhibitor has failed to rectify any breach of the contract after having received notice within the following parameters:
- Should the breach materialize within a period of two calendar months prior to the commencement date of the Exhibition, -5 (five) days.
- Should the breach materialize within a period of one calendar month prior to the Exhibition, - 24 (twenty four) hours.
- Should the breach materialize during the Exhibition - 8 (eight) hours.
- In the event of the contract being cancelled as envisaged in clause 7.1.3 above, the Exhibitor shall immediately vacate the venue and shall not remove any fixtures, fittings and/or exhibition material brought into the venue.
In the event of the Organiser cancelling the contract, as provided for in 7.1 above, and
without prejudice to the Organisers other rights at law:
- The Exhibitor shall be liable to re-imburse the Organisers for all costs and expenses arising directly as a result of the Exhibitor's failure to exhibit and/or make payment of any sums due, as the case may be. (A certificate signed by the Organiser's financial manager reflecting the said costs and expenses due to the Organisers as aforesaid shall be prima facie proof of the amount owing to the Organisers as aforesaid.)
- The Exhibitor shall not in any circumstances be entitled to a refund of any monies paid by it in respect of this contract.
An Exhibitor electing to cancel the contract prior to the commencement of the exhibition,
may in the discretion of the Organiser become entitled to a refund of any payments made upon
the following basis:
- Should the notice of intended cancellation be received by the Organiser at least three months prior to the exhibition, 50% of the full contract price shall constitute an agreed liquidated damages amount which the Organiser shall be entitled to retain, the balance of any monies held by it to be reimbursed to the Exhibitor.
- Should an Exhibitor seek to cancel the contract within 3 (three) months or less prior to the Exhibition, it will not become entitled to the refund of any monies, it being acknowledged that the Organiser will not in the circumstances be able to mitigate it's losses by way of obtaining any replacement exhibitor for the facility; the full contract value will consequently in such circumstances remain owing and payable by the Exhibitor to the Organiser.
- Due to the fact that time is of the essence in regard to the performance of the Exhibitor of its obligations in terms of this contract the following terms will apply in the event of any breach of this contract:
Mandatory civil liability insurance
- Exhibitors undertake to take out cover with the insurance company of their choice for any damages and loss in relation to their aircraft taking part in the static aircraft display and/or flying display, any other material or goods on display and all the structures that will have been built and installed for the Show. The policy or policies taken out for this purpose shall include a clause whereby the exhibitor's insurance company waives all recourse as indicated in clause 8.3.
- It is the responsibility of the exhibitors to take out any additional insurance policies for items or liabilities which they consider necessary to cover the risks involved in their participation in the Show, in particular to cover the risk of theft. The policy or policies taken out for this purpose shall include a clause whereby the exhibitor's insurance company waives all claims as indicated in clause 8.3.
- In compliance with applicable regulations, exhibitors who operate or own aircraft participating in the Show (in the static aircraft display and/or flying display) shall take out insurance with insurance companies of their choice for potential third-party damage caused by the afore- mentioned aircraft, in particular where such damage is caused to other exhibitors, visitors or the general public attending the event.
- The exhibitor shall bear full liability for all consequences of any lack of insurance, or the insufficient or inappropriate nature of the insurance cover taken out by the exhibitor. Exhibitors shall be required to demonstrate to the Organiser that they have complied with the aforementioned requirement by providing an insurance certificate drawn up on the form provided in the Aircraft Guide.
To be taken out by the Organiser.
- The Organiser, on the other hand, shall take out Third Party Liability Insurance against any injury which may be caused to spectators, its staff and third parties.
Waiver of Claims
- The exhibitor expressly waives the right to make any claims against the Organiser (and any persons assisting the Organiser), the South African government and other exhibitors, pursuant to damage to any property whatsoever (including aircraft and defence equipment) exhibited or used at the Show, as well as against the insurance companies acting on behalf of the aforementioned entities. The exhibitor also undertakes to insure the above-mentioned natural persons and legal entities against any court actions and claims which could be brought against them in such cases by any party. By signing the application forms the exhibitor automatically undertakes to comply with the provisions of this sub clause.
- The Exhibitor acknowledges that it must have proper and adequate "Public Liability" insurance. Should proof of such Public Liability insurance not be handed to the Organisers on or before the 31st of March 2020, the Organisers will arrange such cover and invoice the Exhibitor for such cover on a pro-rata basis.
- Mandatory civil liability insurance
- APPLICATION OF THE TERMS AND CONDITIONS OF SALE
- The Terms and Conditions of Sale include this document and the application form.
- The present Terms & Conditions of Sale are of a general nature. They are supplemented by the Exhibitor Manual and any other guidelines the Organiser may issue in the run-up to AAD2020.
- In addition to general laws, rules relating to safety, security, health and safety at work, architecture, circulation and access specifically during the installation and dismantling of the Show will be included in the Exhibitor Manual and explained during the preparation meetings with the companies designated by the exhibitor. Failure to comply with the rules and instructions may result in the temporary closure of the exhibitor's construction site and/or the temporary or definitive exclusion of the individuals committing the infringement.
Compliance with the Terms and Conditions of Sale
- By signing the application form, exhibitors accept the provisions of these Terms and Conditions of Sale which are included as a part of the application form. The exhibitor declares having full knowledge of these terms and any new terms which are applied as a result of circumstances and adopted by the Organiser in the interests of the Show. The Organiser reserves the right to notify exhibitors of such terms at any time up to and including the date(s) of the Show.
Failure to comply with the General Terms and Conditions of Sale
- Any exhibitor who fails to comply with any of the provisions of the present Terms and Conditions of Sale shall be expelled from the Show.
- No general or special terms and conditions, particularly purchasing-related, presented by the exhibitor shall take precedence over the present Terms and Conditions of Sale.
- Should it become impossible to use the requisite premises, or in the event of fire, war, public disaster or unforeseeable circumstances, including force majeure or an act of nature, making it impossible to continue with the organization of the Show, the Organiser may cancel registered stand applications at any time by informing exhibitors in writing. In such cases, exhibitors shall not be eligible for any compensation or indemnity whatsoever, irrespective of the reason for this decision. Amounts remaining after the payment of all expenses incurred will, in such case, be distributed between the exhibitors in proportion to the amounts paid by each.
- Any dispute between the parties shall be settled by the courts within whose jurisdiction the Organiser's head office is located. The present Terms and Conditions of Sale are governed by South African law.
- The direct exhibitor is solely responsible for the indirect exhibitor(s) sharing its space and undertakes not to accept the presence of any indirect exhibitors other than those for whom a registration form has been submitted by the direct exhibitor.
- The direct exhibitor shall be responsible, on behalf of the indirect exhibitors showing at his stand, for all of the obligations of the direct exhibitor as set out by the present Terms and Conditions of Sale.
- The Organiser shall not, under any circumstances, be held liable due to failure on the part of a direct exhibitor, or an exhibitor's agent, representative, employee, service contractor or indirect exhibitor, to comply with any South African and/or foreign laws or regulations, regardless of whether or not the direct exhibitor, his representatives, employees, agents, service contractors or indirect exhibitors, or any aspect of their presence at the Show, met the Organiser's selection criteria and were approved or accepted by the Organiser for participation in the Show. It is the express responsibility of the direct exhibitor to transmit and ensure compliance with these Terms and Conditions of Sale and the regulations shown in the Exhibitor Manual by all representatives, employees for whom the direct exhibitor is responsible, and for any natural or legal entity working on behalf of the direct exhibitor at the Show site.
- The Exhibitor, its respective servants or agents, shall not wrongfully use or interfere with the buildings, passage ways, temporary work appliances, equipment or other property at the venue or be guilty of any breach or infringement of any law.
- The Exhibitor acknowledges that it is aware of the obligations imposed on it under the Occupational Health and Safety Act No 85 of 1993 and undertakes to comply therewith in all respects.
- These Terms and Conditions, read together with the prescribed form and with the Exhibition Regulations constitute the entire contract between the parties and no representation by any party (whether express or implied) shall be binding unless in writing and signed by the parties hereto and in the event of any conflict between the provisions of the Exhibition Regulations and these Terms and Conditions, the Exhibition Regulations shall prevail.
- No variation, alteration or consensual cancellation of any of the Terms and Conditions shall be of any force or effect, unless in writing and signed by the parties hereto, except in terms of the conditions on page one of this agreement,
- No waiver or abandonment by either party of any of its rights in terms of these Terms and Conditions, shall be binding on that party, unless such waiver or abandonment is in writing and signed by the waiving party.
- Notwithstanding the provisions of Sub-Clauses above, any amendment of or addition to the Exhibition Regulations either posted to the Exhibitor by registered or certified post or transmitted by means of telefax or electronic mail or delivered by hand to a representative of the Exhibitor shall be effective and binding with immediate effect, from the date of such posting, transmission or delivery, as the case may be.
- In the event of any abandonment, postponement or limitation of the Exhibition, owing to circumstances beyond the control of the Owners, the Exhibitor or its agents or his contractors shall have no claim whatsoever against the Owners or their agents or their contractors in respect of any resultant loss or damage including consequential damages.
- In the case of any abandonment of the Exhibition, the liabilities of the Owners shall be limited to a pro rata refund of all funds received less expenditure incurred and still to be incurred in respect of the Exhibition, as authenticated by the Owners auditors.
- The Exhibitor hereby consents to the jurisdiction of the Magistrate's Court for any claim arising from this contract from whatsoever cause arising from this contract from whatsoever cause and of whatsoever nature, notwithstanding the fact that the amount so claimed exceeds the jurisdiction of the Magistrate's Court
- In the event of the Owners instructing attorneys in connection with any matter arising from this contract the Exhibitor hereby undertakes to make payment of all fees and disbursements owing or paid by the Owners to its attorneys, including attorney and own clients costs, collection commission and Counsel's fees if Counsel is briefed.
- The Exhibitor chooses the physical address set out on the prescribed form as its domicillium citandi et executandi for all purposes under this contract whether in respect of Court process, notices or other documents or communications of whatsoever nature.
- The contract shall be governed by the laws of the Republic of South Africa.