A. Execution of Agreement

The Exhibitor (referred to as the “Applicant” in the Booth Application Contract on the reverse side of these Terms and Conditions) is bound by these Terms and Conditions, the rules and regulations set out in the Exhibitor’s Manual, and any other documents provided or that may be provided to the Exhibitor from time to time (hereinafter collectively referred to as the “Rules and Regulations”).

The capitalized terms used in the contract have the same meanings as those defined in the supplementary form.
These Terms and Conditions, as well as any amendments to the Rules and Regulations, shall only be valid if made in writing and signed by an authorized representative of Shanghai Ebseek Exhibition Co., LTD.

B. Payment

Before the start of the exhibition, each Exhibitor must pay in full all fees specified in the Booth Application Contract (“Exhibition Fees”) no later than the date specified in the contract.

If the Exhibitor fails to pay any undisputed amount within the specified period, interest shall accrue on that amount at the annual interest rate of Barclays Bank (UK) plus 4% per day from the due date (or any other date agreed in writing) until the actual date of payment (both dates inclusive).

C. Right to Refuse Admission

If we believe that an Exhibitor is using the exhibition to promote or advertise services that directly or indirectly compete with us, we reserve the right, at our sole discretion, to refuse that Exhibitor’s participation in the exhibition.

If Ebseek exercises this right, all amounts already paid by the Exhibitor to Ebseek under this Agreement shall be fully refunded.

D. Compliance with Regulations

In addition to complying with the Rules and Regulations, Exhibitors must observe all health and safety regulations, statutory standards, applicable government, local and regulatory authority regulations, and all rules imposed by the exhibition venue from the start of the exhibition until the completion of dismantling.

E. Non-Transfer and Subletting; Allocation of Space

No rights of an Exhibitor under this Agreement may be transferred to any other person, and no Exhibitor may assign or sublet its booth or any part thereof.

Exhibitors have no entitlement to any specific location, although their requests will be taken into consideration during allocation.

Despite every effort to ensure the accuracy of the plans, specifications, and drawings in the catalogue and other materials, the Company makes no warranty or guarantee regarding their accuracy.

The Company reserves the right at any time to amend the floor plan or exhibition specifications and to alter the shape, size, or location of the space allocated to an Exhibitor in the best interests of the exhibition.

Such changes do not give rise to additional liability or costs for the Exhibitor.

F. Conduct During the Exhibition

During the exhibition, the Exhibitor agrees and guarantees that it, its employees, agents, or booth sharers shall:

• comply with all reasonable instructions of the Company, its employees, agents, subcontractors, and venue management;
• not conduct unusual promotional activities without the approval of the organizing committee;
• not use any sound, lighting, or other equipment in a manner that obstructs or interferes with neighboring exhibitors;
• if music is used (as permitted under the exhibition contract), obtain the necessary license from the relevant authority;
• not block aisles or walkways near their stand;
• not conduct raffles, giveaways, or promotions requiring visitor attendance at a specific time or place;
• not dismantle or leave the booth before the close of the exhibition;
• not use any actions or methods objected to by other exhibitors or the organizer;
• not distribute or display publications or printed matter outside their own booth (fastenerexpo.de reserves the right to prohibit any form of advertising or publication related to the exhibition; upon request, the Exhibitor must immediately withdraw such materials);
• not exhibit or distribute any material or product that may be defamatory, offensive, or infringe the copyrights, trademarks, or other rights of fastenerexpo.de or third parties;
• display their company name and address (and delivery address, if different) at the stand, in compliance with local publication laws, including information on ownership and business address;
• not engage in public trading or price negotiations and not use or allow the use of public address systems;
• not cause or permit any damage to the exhibition venue;
• not overload electrical circuits;
• keep the stand and surrounding area clean at all times; empty packaging and cartons must not be stored within the stand but must be removed or disposed of by the Exhibitor;
• refrain from any actions or statements that could damage the name, image, or reputation of the Company or the exhibition;
• ensure that at least one person is present at the stand at all times during opening hours;
• exhibit only products related to the fastener industry; items unrelated to it (e.g., food, gifts, jewelry, toys, household appliances) are prohibited, and the organizer has the right to close the stand and revoke participation without compensation;
• be responsible for the repair or replacement of any damage caused by the Exhibitor, its employees, agents, or contractors to any part of the exhibition venue, including but not limited to damage to carpet tiles by paint, bolts, or screws.

The booth will be inspected before installation and after dismantling; the Exhibitor must ensure compliance with all requirements.

The Exhibitor agrees that it and its employees, agents, and subcontractors will observe all relevant exhibition rules.

The opening and closing times of the exhibition and the hours during which exhibitors may use the venue are determined solely by the organizer.

Admission is by pass or ticket only. Passes are non-transferable and may not be shared (even within the same organization).
Each exhibitor must register and, where required, pay the applicable registration fee. A copy of the ID card may be requested upon registration.

If the Exhibitor or its employees or representatives violate these provisions, the organizer reserves the right to deny entry or remove such persons and their exhibits.
In such cases, the Exhibitor acknowledges that Ebseek is not obliged to refund any payments made, which shall remain the property of Ebseek.

The organizer also reserves the right, at the Exhibitor’s cost and risk, to remove any exhibits or promotional materials not supplied by the Exhibitor or its affiliates or not listed on the application form.

The Exhibitor shall not display counterfeit, infringing, prohibited, or restricted goods under local laws, or any products violating international standards or ethical regulations.

The organizer may remove such goods without recourse, terminate the Exhibitor’s participation, or close the stand, without the Exhibitor having any claim to compensation.

The Exhibitor shall indemnify the organizer against any claims, proceedings, losses, or damages arising from such goods.

G. Catalogue

The Company’s employees, agents, sponsors, organizers, or catalogue publishers shall not be liable for any errors or omissions in data or other materials submitted by exhibitors or third parties.

All data and materials submitted by the Exhibitor remain the sole responsibility of the Exhibitor.

H. Insurance

The Exhibitor hereby agrees to take out and maintain adequate public and product liability insurance with a reputable insurer covering any loss or damage suffered by the Exhibitor or third parties in connection with the exhibition.

The minimum coverage shall be USD 3,000,000.
The Exhibitor must provide proof of insurance in accordance with the above requirements.

I. Cancellation, Postponement, or Change of Venue

If an Exhibitor wishes to cancel its application, written notice must be given. Such notice is only deemed effective once it has been sent by post or fax and received by the organizer’s office (email notification is not permitted).

If notice is given:

• 60 days before the start of the exhibition → 50% of the total booth fee will be charged.
• Within 60 days before the start of the exhibition → 100% of the total booth fee will be charged, and any unpaid fees remain payable in full.

Regardless of participation, the Exhibitor shall bear the full cost of the event.

The Company reserves the right to cancel any booking made by an Exhibitor; in such cases, all amounts already paid will be refunded in full.
Under no circumstances shall the Company be liable for any losses (including indirect losses) arising from such cancellation.

If the exhibition is cancelled, postponed, or moved to another location, the Exhibitor will be notified as soon as possible.

If the exhibition is cancelled (except due to force majeure, see below), the Exhibitor will be reimbursed in full without interest.
If postponed or relocated, the exhibition contract remains valid, and the organizer will set a new reasonable date and venue.

Force Majeure

The Company, its subsidiaries, employees, agents, organizers, or exhibition managers (“affiliated parties”) shall not be liable for any loss, damage, or delay caused by:

• war, civil unrest, strikes, or lockouts;
• labor shortages or supplier defaults;
• government actions, interference, laws, or regulations;
• military actions, natural disasters, fires, floods, or other circumstances beyond the organizer’s reasonable control
  that render it impossible or impracticable to hold the exhibition at the scheduled time or place.

The Company reserves the right (but not the obligation) to reschedule the exhibition at another time and/or venue.

The Exhibitor acknowledges that losses may result therefrom and waives all claims for damages or compensation due to such circumstances.

In the event of force majeure, all monies paid to Ebseek remain the property of Ebseek and are non-refundable.

Passports and Visas

The Company and its affiliates are under no obligation to assist exhibitors in obtaining passports or visas for entry into the country where the exhibition is held.
Even if an Exhibitor fails to obtain the necessary documents, all payment obligations under the exhibition contract remain in full force.

J. Disclaimer and Limitation of Liability – Important Terms

Neither the Company nor its affiliates shall be liable to the Exhibitor for indirect or consequential losses, loss of revenue or anticipated revenue, loss of savings, loss of business opportunities, loss of profit, or wasted expenditure, whether in contract, tort (including negligence), or otherwise.

The Company and its affiliates shall not be liable for theft or loss of equipment or personal belongings of the Exhibitor, its employees, agents, contractors, or guests (including negligence), even where security personnel are present.

Under no circumstances shall Ebseek or its affiliates be liable for losses or damages to the Exhibitor, its employees, agents, or booth sharers not caused by Ebseek’s fault, negligence, or omission, including but not limited to:

• actions or omissions of delivery contractors (transport, handling, customs);
• errors or omissions in documents prepared or submitted by third parties;
• conflicts or misunderstandings with host country authorities, organizers, agents, or other authorities.

The total liability of Ebseek to any Exhibitor, whether in contract, tort, statutory duty, or otherwise, shall not exceed the greater of £5,000 or the total fees paid by the Exhibitor under this Agreement.

Nothing in this clause excludes liability for fraud, fraudulent misrepresentation, or death or personal injury caused by willful or negligent acts or omissions of Ebseek or its affiliates.

K. Exhibitor Indemnity – Important Terms

The Exhibitor shall indemnify and hold harmless Ebseek and its affiliates from any claims, damages, losses, costs (including reasonable legal fees), demands, or liabilities of third parties (including government authorities) arising out of or in connection with the manufacture, production, distribution, handling, advertising, consumption, or use of the Exhibitor’s products or services at the exhibition.

Permission to use the exhibition’s name or logo on Exhibitor products or materials constitutes name or logo use only and does not imply endorsement of such products or materials.

The Exhibitor is liable for any personal injury or property damage (including to the exhibition venue) caused directly or indirectly by the Exhibitor, its employees, agents, contractors, or guests.

The Exhibitor shall ensure that Ebseek and its affiliates are indemnified and held harmless from all losses, including indirect losses, costs, claims, actions, and demands (including reasonable legal fees).

L. General Provisions

The Exhibitor expressly acknowledges that no oral or written representations, statements, or warranties have been made other than those contained in these Terms and Conditions (including, but not limited to, statements about potential business opportunities).

This exhibition contract constitutes the entire agreement between the parties and supersedes all prior agreements or understandings on the same subject matter.

If any provision of this contract is found invalid or unenforceable by a competent court or authority, the remaining provisions shall remain in full force and effect.

The validity, interpretation, and performance of this contract (including any disputes or non-contractual obligations arising therefrom) shall be governed by English law, and all disputes shall be subject to the exclusive jurisdiction of the English courts.

M. Photography and Recordings

The Exhibitor agrees (and shall obtain consent from all relevant persons) that individuals, trademarks, logos, or company names appearing at the exhibition may be photographed, filmed, or recorded by Ebseek or its affiliates.

Ebseek may use such images or recordings for promotional, commercial, or non-commercial purposes, in any media, at any time, worldwide, and without limitation.

Participants agree that such images or recordings may be edited, reproduced, and distributed globally, and raise no objection to their storage or use.

The Exhibitor warrants that it is authorized to grant this consent on behalf of itself, its employees, and guests.
If the Exhibitor fails to obtain such consent, it shall indemnify and hold harmless Ebseek and its affiliates from any resulting claims, losses, damages, or costs (including legal fees).

Inquiries or special requests regarding photography or recording should be directed to the organizer by the Exhibitor, its personnel, or guests.

N. Your Data

Ebseek (Search Online) may provide the Exhibitor’s contact details to official exhibition partners, including partner media, official freight forwarders, approved stand contractors, agents, sponsors, and associated organizations.

If you do not wish for your data to be shared with the above partners, please tick here ( ).

O. Application

The Exhibitor’s application and the organizer’s acceptance thereof constitute the final settlement of all claims, demands, invoices, actions, or proceedings not expressly agreed upon in writing between the parties, arising from any previous agreements or business relationships relating to booth provision or other commercial dealings.