Home And Garden Events Limited – Terms and Conditions
“Conditions” means these terms and conditions of sale and any special terms and conditions agreed in writing by Home And Garden Events Limited
“Customer” means the Exhibitor (or their agent), whether a partnership, sole trader, limited company, public limited company, limited liability partnership or any other legal entity
“Company” means Home And Garden Events Limited
“Goods” means exhibition stand space and/or construction of exhibition stands, together with associated services such as water, stand cleaning, security and electricity
“Price” means the prices quoted on this website and subsequently invoiced
1 Conditions applicable
1.1 No extraneous conditions can be accepted regarding any contract
1.2 These conditions shall apply to all contracts, for the sale of exhibition space and services by the Company to the Customer to the exclusion of all other terms and conditions including any which the Customer may purport to apply under any purchase order, confirmation, or similar document
2 The price and payment
2.1 The price shall be the price quoted, which is valid for 30 days
2.2 The price is payable by way of agreed deposit or 100% in the case of sales of £455 plus VAT or less
2.3 Balance payment is due 18 weeks before the event
3 The Goods
3.1 The Company reserve the right to supply Customers with alternative stand space at similar specifications and dimensions (or larger)
3.2 All goods and materials supplied shall remain the property and title of the Company.
4 Warranties and liabilities
4.1 The Company warrants that the Goods shall comply with the Goods normal design and specifications
4.2 The Company shall not be liable for any indirect or consequential loss or damage (including without limitation to the generality of this exclusion) loss of profits, contracts, data, or goodwill and economic loss suffered by the Customer howsoever arising
5 Right to cancel
5.1 The Company reserve the right to decline or cancel any Customers booking for any reason whatsoever but in particular in the case of arrest and/or charges being placed by the Police or detention by event security. All monies paid are forfeit and any additional costs associated will be invoiced and pursued
5.2 Deposit is forfeit unless suitable alternative exhibitor is put forward by the Customer. The Customer remains liable for the balance
5.3 Postponement or curtailment (for example, because of bad weather or industrial action) of relevant event is not a reason to cancel this agreement
6 Claims, Indemnity and Insurance
6.1 The Customer hereby accepts liability for all acts or omissions of himself, his servants, contractors and agents and undertakes to indemnify the Company and keep it indemnified against all liability in respect thereof and against all actions, suits, proceedings, claims, demands, costs and expenses whatsoever which may be taken or made against the Company or incurred or become payable by it arising therefrom or in respect thereof, including any claims arising out of the supply by the Customer of samples of any kind whatsoever, whether such samples be sold or given away free and including without limitation any legal costs and expenses and any compensation costs and disbursements paid by the Company on the advice of his solicitors to compromise or settle any such claims.
6.2 If the event is cancelled by reason of war, fire, national emergency, labour dispute, strike, lock-out, civil disturbance, inevitable accident, the non-availability of the premises, or any other cause, whether ejusdem generis or not, without limitation the Company may at their entire discretion repay any payment amount paid by the Customer or part thereof, but shall be under no obligation to repay the whole or part of such rental, and shall be under no liability to the Customer in respect of any actions, claims, losses (including consequential losses), costs, expenses whatsoever which may be brought against or suffered or incurred by the Customer, as the result of the happening of any such events.
6.3 Home and Garden Events Limited do not carry insurance covering cancellation of any of the events. We recommend that Exhibitors consider taking out their own insurance to cover such an eventuality.
6.4 If the Customer, or their servants, agents or subcontractors should fail to remove all their property or otherwise fail to vacate the event premises in accordance with the timetable issued by the Company, the Company will hold the Customer fully responsible for any penalties imposed by the venue owner, or any other losses and costs incurred by the Company as a result of the Customer failing to vacate the premises by the agreed time and the Company agrees to pay the same on an indemnity basis.
6.5 The Company does not accept responsibility for any loss or damage from any cause whatever, in respect of any property brought to the event premises by Customers or their servants, agents, subcontractors or any other persons, and the Customer is required to indemnify the Company in respect of any such loss or damage to the exhibits or any other property brought to the premises whether it is their property or not. Without limitation the Customer shall indemnify the Company in respect of any liability in respect of any damage to the site arising from use thereof by the Customer, their servants or agents.
6.6 The Customer shall indemnify the Company against any claim which may be made in respect of any alleged breach or infringement of any copyright, patent or without limitation other intellectual property right(s) by that Customer during the period of his occupation of an allotted stand space, or without limitation otherwise in connection with the event.
6.7 Save as may be stated elsewhere in these Conditions, all warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
6.7 Nothing in these Conditions excludes or limits the liability of the Company:
6.7.1 for death or personal injury caused by the Company’s negligence;
6.7.2 under section 2(3) of the Consumer Protection Act 1987;
6.7.3 for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
6.7.4 for fraud or fraudulent misrepresentation.
6.8 Without prejudice to the foregoing provisions of these Conditions:
6.8.1 the Company’s total liability in contract, tort (including without limitation negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the payment amount as set out in the booking form; and
6.8.2 the Company shall not be liable to the Customer for any pure economic loss, loss of profits, loss of business, loss of contracts, damage to property, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
7 Force Majeure
7.1 The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations, if the delay or failure was due to any cause beyond the Company’s reasonable control.
8.1 If any provision of the Contract (or part of a provision) is found by any Court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
8.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
9.1 The Company may assign and/or subcontract the Contract or any part of it to any person, firm or company.
9.2 The Customer may not assign or subcontract the Licence and/or the Contract.
9.3 By booking exhibition stand space, the Customer confirms that he has read and understood and agrees to the above Conditions, and agrees that the Conditions will be incorporated into the Contract to the exclusion of any other terms and conditions.
9.4 The Customer further confirms that these Conditions shall likewise govern any future booking made by him with the Company.
10 Title and risk
10.1 Any goods, specifically shell scheme exhibition panels, shall be at the Customers risk on delivery to him and until the date on which they are collected by the Company or it’s Agents.
10.2 Any loss or damage will be chargeable to the Customer, at the rates as at 3.3 above
11.1 This agreement shall be governed and construed according to the law of England and Wales and the parties submit to the exclusive jurisdiction of the Courts of England and Wales
11.2 The masculine gender shall include the feminine and neuter and the singular number shall include the plural and vice versa
11.3 The Customer is required to take up the exhibition space.
11.4 Failure to do so will result in forfeiture of all monies paid and cancellation of order.