GENERAL TERMS OF BUSINESS
1.1 In these Conditions:
‘The Contractor’ means Nimlok Ltd which agrees to perform the Contract Work. ‘Contract Work’ means any or all of the work which the Contractor agrees to perform and/or the services which the Contractor agrees to provide including the provision of Goods on hire or by sale in accordance with the relevant quotation. ‘Goods’ means all goods of whatsoever description including but not limited to materials, plant, equipment, machinery and fittings. ‘Customer’ means the person, firm or corporate body who agrees to purchase Contract Work. ‘Contract’ means any contract between the Contractor and the Customer for the carrying out of Contract Work. ‘Quotation’ means a quotation by the Contractor for the Contract Work. “Event” means the event, conference or show where the Contract Work is being delivered.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect the interpretation of a Contract.
1.4 A reference to one gender includes a reference to the other gender.
2 ORDERS AND SPECIFICATIONS
2.1 The Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Customer purports to apply under any purchase order, confirmation of order, specification or other document).
2.2 No variation of, or addition to, these Conditions shall be effective unless in writing and signed by the Contractor and the Customer.
2.3 The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Contractor which is not set out in the Contract. Nothing in this condition shall exclude or limit the Contractor’s liability for fraudulent misrepresentation.
2.4 Any typographical or clerical error or omission in any Quotation, price list, acceptance, invoice or other such document issued by the Contractor shall be subject to correction without any liability on the part of the Contractor.
2.5 All specifications, descriptions, drawings, designs, measures or other information provided by the Contractor in relation to Contract Work and/or Goods are approximate and, in relation thereto, the Contractor reserves the right to incorporate modifications or amendments in Contract Work subject to the consent of the Customer, such consent not to be unreasonably withheld.
2.6 A Contract shall be created by the Customer accepting a Quotation or otherwise placing an order with the Contractor, irrespective of how such Quotation, acceptance or order is expressed.
2.7 The Customer shall be responsible to the Contractor for ensuring the accuracy of the terms of any order or other material (including any applicable specification) submitted by it or on its behalf and for giving the Contractor any necessary information relating to Contract Work within a sufficient time to enable the Contractor to perform the Contract in respect thereof in accordance with its terms.
2.8 The Contractor shall be responsible for ensuring that every building, path, private road, open space or other property to be used in the performance of Contract Work is safe and suitable for the intended use and, without limitation of the foregoing, is adequately served with all required public utilities and the Contractor shall not be liable for any delay or non-performance by it arising directly or indirectly from the organizer/venue failing so to ensure.
2.9 The Customer may not cancel a Contract unless the Contractor agrees in writing and then on the terms that the Customer shall indemnify the Contractor in full against all loss (including loss of profit, costs (including the cost of all labour and materials used and third party costs incurred), claims, actions, damages, charges and expenses suffered or incurred by the Contractor as a result of cancellation. Any Contract cancelled by the Customer prior to the stand being produced at the Contractor’s premises will be subject to a cancellation fee of up to 50% of the Contract price, to cover all costs incurred. Cancellation by the Customer after the stand has been produced will result in the full Contract price becoming due.
2.10 The Contractor shall have and retain the property, copyright, design right and all other intellectual or industrial property rights in all know how, trade secrets, trademarks, service marks, drawings, designs, plans, models, specifications and/or estimates prepared by the Contractor. If the Customer uses or allows any third party to use any design or other intellectual property rights of the Contractor, provided as part of the Contract Work or during pre-contract discussions or negotiations, other than as contemplated under the Contract, the Customer will, without prejudice to any other remedy available to the Contractor, pay the licence fee specified by the Contractor.
2.11 Where the Customer is to supply goods (‘Customer’s Property’) to the Contractor in connection with the Contract Work the Contractor will not be liable to the Customer for loss of or any damage to Customer’s Property unless caused by the negligent act or omission of the Contractor whilst the goods are in its care, that is the period between delivery to the Contractor’s premises and handover of the stand to the Customer on the first day of stand installation at the Event; and the period between handover to the Contractor’s dismantling team at the end of the Event and collection of the Customer’s Property by the Customer or delivery by the Contractor to the Customer. Whilst the Event is running the Customer is responsible for securing and insuring the Customer’s Property. The Contractor’s liability in respect of the Customer’s Property is limited to the reasonable cost of repair or replacement, which amount shall not exceed the value of Contract Work under this Contract. The Contractor’s liability in respect of the Customer’s property will only be accepted where the goods are supplied in suitable transit packaging. For Audio Visual or Computer Equipment this means professional flight cases and for all other products/models/samples/brochures appropriate shipping crates or palletized and wrapped boxes.
2.12 There is a minimum order value of £3,500.
2.13 The Contractor will not be responsible for technical issues on Audio Visual (AV) content. The AV is provided on a “plug and play” basis, with clear instructions provided to exhibitors in the exhibition manual regarding formats, settings, resolutions, input/output, etc.
2.14 The Contractor shall not be held liable for any tenancy related costs such as tenancy extensions, extra security, etc, as a result of build up or breakdown overruns. The Contractors quotation will stipulate the minimum build and breakdown time requirements, which must be factored fully into tenancy arrangements.
- 1 The Contractor will quote for Contract Work in accordance with the design visual presented by the Contractor. The Quotation will note any deviations from the design visual.
- 2 The Quotation shall be open for acceptance by the Customer for the period stated within the Quotation or, if none is stated, for one calendar month from the date of the Quotation. The Contractor reserves the right to withdraw its Quotation if, within four weeks of the opening day of the Event, the Quotation has not been accepted by the Customer.
- 3 The prices in any Quotation in respect of a period greater than twelve months shall be increased on each anniversary of the date of the Quotation by a percentage equal to the percentage increase in the Retail Prices Index unless specific contract price increases are specified in the Quotation.
- 4 The Contractor reserves the right by giving notice to the Customer at any time before completion of Contract Work to increase the price of the applicable Contract in the following circumstances:
3.4.1 Where additional work is performed at the Customer’s request; and/or
3.4.2 To reflect any increase in the cost to the Contractor which is due to any factor beyond the Contractor’s control (such as, without limitation, venue imposed changes or any
failure of the Customer to give the Contractor adequate information, lead-time or instructions).
3.4.3 To apply a 10% ‘graphic surcharge’ if print-ready artwork is not provided by the Customer (or its designer/agency) at least 10 working days prior to dispatch of the stand to the Event
in the UK or 15 days for Overseas (or such other period as is specified in the Quotation).
3.4.4 Where any artwork supplied by the Customer is not print-ready, to charge for any necessary artwork manipulation.
- 3. 5 Prices are exclusive of VAT and, where applicable, any additional or substitute taxes, levies, import duties, fees or charges all of which shall be paid by the Customer.
4 TERMS OF PAYMENT
The Customer shall pay a deposit equal to the minimum project value at least 3 weeks before the opening day of the Event. Post event, once final stand numbers are known, the balancing invoice will be issued. This will be due for payment within 30 days.
Receipts for payment will be issued only on request.
4.1 If the Customer fails to make any payment by the due dates then, without prejudice to any other right or remedy available to the Contractor, the Contractor shall be entitled, at its option at any time thereafter to:
4.1.1 terminate the relevant Contract and suspend further performance of Contract Work and
4.1.2 require the immediate return of any Goods hired to the Customer;
4.1.3 require full payment, without deduction, of the total amount due and/or which would have become due under the relevant Contract but for termination; and
4.1.4 charge the Customer interest on the amount unpaid, at the rate of 2% per annum above Nat West base rate, until payment in full is made.
4.2 Property in Goods supplied by way of sale under a Contract shall not pass until payment by the Customer of all sums due under the Contract under which the Goods were delivered; until property in such Goods passes, the Customer shall hold them as bailee for the Contractor, shall store them separately from all other property of the Customer or any third party, marked so as to be clearly identifiable as belonging to the Contractor, shall keep them insured against all usual risks in their full invoice value and, if any of the events referred to in condition 9 occurs, the Customer shall place such Goods at the disposal of the Contractor and the Contractor shall be entitled to enter upon any premises of the Customer, or any other premises where such Goods are kept, for the purpose of removing them.
Provided that notice is given as soon as reasonably possible, and in any event within fourteen days of the defect being discovered and provided always that in the case of Goods such notice must be given within the period of hire, where supplied on hire, or within 12 months of the date of delivery, where supplied by way of sale, if the Customer gives notice of a defect in Contract Work, and the defect was not caused in whole or in part by any matter, action or occurrence outside the Contractor’s control the Contractor shall, in its sole discretion, either remedy the defect or refund to the Customer a reasonable proportion of the price of the Contract.
6.1 The terms of Condition 5 are, to the extent legally permissible, in lieu of all conditions, warranties and statements of whatever nature In respect of Contract Work whether express or implied by statute, trade, custom or otherwise and any such condition, warranty or statement is hereby excluded.
6.2 The Contractor shall not be liable for any defect in Contract Work arising directly or indirectly from compliance with any incorrect Customer or venue specification, such as incorrect display product dimensions, incorrect floor plans or ceiling heights.
6.3 Without prejudice to the terms of Conditions 6.1, 6.2 and 6.4, the Contractor will accept liability for any loss or damage sustained by the Customer as a direct result of any breach of a Contract or of any liability of the Contractor (including negligence) in respect of the performance of a Contract provided that such liability shall be limited to payment of damages not exceeding the invoice value of the Contract in question.
6.4 Subject to the terms of Condition 6.6, the Contractor shall not be liable for the following loss or damage howsoever caused (even if foreseeable or in the Contractor’s contemplation):
6.4.1 Loss of profits, business or revenue whether sustained by the Customer or any other person; and/or
6.4.2 Special, indirect or consequential loss or damage, whether sustained by the Customer or any other person; and/or
6.4.3 Any loss arising from any claim made against the Customer by any other person; and/or
6.4.4 Any costs associated with the provision of replacement artwork for any data files lost from the Contractor’s archive due to back-up failures.
6.5 The Customer shall indemnify the Contractor against all claims, actions, costs, expenses (including court costs and legal fees) or other liabilities whatsoever in respect of:
6.5.1 Any liability arising under the Consumer Protection Act 1987, unless caused by the negligent act or omission of the Contractor in the manufacture and/or supply of Goods; and/or
6.5.2 Any claim for breach of industrial and/or intellectual property rights arising out of compliance with any drawings, designs, specifications or order of the Customer; and/or
6.5.3 Any breach of Contract or negligent or willful act or omission of the Customer in relation to a Contract.
6.6 Nothing in these conditions excludes or limits the liability of the Contractor:
6.6.1 For death or personal injury caused by the Contractor’s negligence;
6.6.2 Under section 2(3) of the Consumer Protection Act 1987;
6.6.3 For any matter which it would be illegal for the Contractor to exclude or attempt to exclude its liability; or
6.6.4 For fraud or fraudulent misrepresentation.
7 HIRED GOODS
Unless specifically provided by way of sale, all Goods used or supplied by the Contractor in connection with Contract Work shall be deemed to be on hire to the Customer.
The Customer shall indemnify the Contractor against the loss of and/or damage to hired Goods unless caused by the negligent act or omission of the Contractor.
The Customer shall keep hired Goods in his possession and/or under his control at all times and shall not remove them from the place where they are installed by the Contractor without the latter’s prior written consent.
Upon expiry of the period of deemed hire, or upon the earlier termination of the relevant Contract, the Customer shall no longer be in possession of hired Goods and the Contractor may at any time without notice retake possession of such hired Goods and the Contractor shall be entitled to enter the premises of the Customer and/or any other place of performance of Contract Work, for such purposes.
8 FORCE MAJEURE
The Contractor shall be entitled, without liability on its part and without prejudice to its other rights, to terminate a Contract or any unfulfilled part thereof or, at its option, to suspend or give partial performance under it, if performance by the Contractor or by its suppliers is prevented, hindered, or delayed whether directly or indirectly by reason of any cause whatever beyond the Contractor’s or its suppliers’ reasonable control, whether such cause existed on the date when the Contract was made or not.
If the Customer, being an individual, or being a firm, if any partner in the Customer is the subject of a petition for a bankruptcy order or of an application for an interim order under Part Vlll of the Insolvency Act 1986, or if the Customer, being a company, compounds with its creditors or has a receiver or manager appointed in respect of all or of any part of its assets or is the subject of an application for an administration order or of any proposal for a voluntary arrangement under Part 1 of the Insolvency Act 1986, or enters into liquidation whether compulsorily or voluntarily otherwise than for the purpose of amalgamation or reconstruction, or if the Contractor reasonably believes that any of the above events is about to occur, then the Contractor shall be entitled immediately, and at any time thereafter, to terminate forthwith any Contract or any unfulfilled part thereof.
The Contractor is a member of the Exhibition Services and Suppliers Association (ESSA) and the Customer benefits from the added protection in the event of insolvency during a stand installation of the ESSA Bond, which would pay other ESSA contractors to complete the installation. (Bond details available on request).
10.1 No waiver by the Contractor of any breach of Contract by the Customer shall be construed as a waiver of any subsequent breach of the same or any other provision.
10.2 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
10.3 The Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Contractor.
10.4 Failure or delay by the Contractor in enforcing or partially enforcing its rights under the Contract will not be construed as a waiver of any of its rights under the Contract.
10.5 The parties to this Contract do not intend that any term of this Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
10.6 This Contract shall be governed by the Laws of England and shall be subject to the jurisdiction of the English courts.
NOTHING IN THESE CONDITIONS SHALL AFFECT THE STATUTORY RIGHTS OF A CONSUMER
Conference Expo and Nimlok may change this policy from time to time by updating this page. You should frequently check this page to ensure that you are happy with any changes. This policy is effective from 16th May 2012.
What we collect
We may collect the following information:
- Name and job title.
- Contact information including email address.
- Payment details when placing an order.
- Demographic information such as postcode, preferences and interests.
- Other information relevant to customer surveys and/or offers.
Trusted reputable third parties may collect the following anonymous information:
- Behaviour while on the www.Conference Expo and Nimlok.co.uk, including the pages visited and products purchased.
What we do with the information we gather
We use this information to understand your needs and provide you with a better service, such as:
- Internal record keeping.
- We may use the information to improve our website, products and services.
- We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes.
- We may contact you by email, phone, fax or mail.
- We may use the information to customise the website according to your interests.
- Serve relevant adverts while visiting reputable third party website
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
We may pass your personal details to reputable third parties who will help us to process your order. We require that all such third parties treat your data confidentially and to comply too all applicable UK data protection and consumer legislation in place.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your browser, which is then stored on your system. Please remember that cookies do not store personal data.
- Provide an improved website experience.
- Track the performance of marketing activity.
- Understand users behaviour on our website.
- Serve relevant adverts while visiting reputable third party.
How to enable and disable cookies using your browser
Microsoft Internet Explorer
- Click on ‘Tools’ at the top of your browser window.
- Select ‘Internet Options’.
- Click the tab entitle ‘Privacy’
- To enable cookies:
Set the slider to ‘Medium’ or below
- To disable cookies:
Move the slider to the top to block all cookies
- For more information on other cookie settings offered in Internet Explorer, refer to: http://windows.microsoft.com/en-GB/windows-vista/Block-or-allow-cookies
- Click on the ‘wrench’ icon on the browser to open the tools menu.
- Select ‘Options’.
- Click the ‘Under the Hood’ tab.
- In the ‘Privacy’ section, select the ‘Content settings’ button.
- To enable cookies:
Select ‘Allow local data to be set’ option
- To disable cookies:
Select ‘Block all cookies’ option
- For more information on other cookie settings offered in Chrome, refer to http://support.google.com/chrome/bin/answer.py?hl=en&answer=95647
- Click on ‘Tools’ on the browser menu.
- Select ‘Options’.
- Select the Privacy panel.
- To enable cookies:
Check ‘Accept cookies for sites’
- To disable cookies:
Uncheck at ‘Accept cookies for sites’
- Note there are various levels of cookie enablement and disablement in Firefox. For more information, refer to the following page from Mozilla: http://support.mozilla.org/en-US/kb/Enabling%20and%20disabling%20cookies
Safari on OSX
- Click on ‘Safari’ in the menu bar.
- Select the ‘Preferences’ option.
- Click on ‘Security’.
- To enable cookies:
In the ‘Accept cookies’ section, select ‘Only from site you navigate to’.
- To disable cookies:
In the ‘Accept cookies’ section select ‘Never’.
- There are various levels of cookie enablement and disablement in Safari. For more information refer to the following page from Apple: http://docs.info.apple.com/article.html?path=Safari/3.0/en/9277.html
If you are using a browser that has not been mentioned above, you will be able to find out how to disable cookies by visiting the help function in your browser.
The below is a list of the current cookies that we use:-
These cookies are used to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visit.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. By declining cookies it may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Selected telephone calls will be recorded for staff training purposes, verifying order information and preventing or detecting criminal activity.
When entering a competition or a prize draw it will be necessary to gain the following information; name, email address and mailing list.
If you win you will be notified by email within 28 days of close of competition unless otherwise stated. Employees of Conference Expo and Nimlok, their friends and family are prohibited from entering Conference Expo and Nimlok competitions unless otherwise stated. By entering the competition you will automatically be entered onto our mailing list. You may unsubscribe from the mailing list at anytime by clicking the unsubscribe link at the bottom of each promotional email.
Unsubscribing from the Conference Expo mailing list
You may unsubscribe from the Conference Expo mailing list at any time by clicking the unsubscribe link which can be found at the bottom of all promotional emails.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to:
45 Booth Drive
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us at email@example.com as soon as possible, at the above address. We will promptly correct any information found to be incorrect.