“Equipment” means any and all equipment, goods, furniture or property supplied by PERTHEXPO to the Hirer.
“Event Organiser” means the organiser of the event at which the Hirer is participating.
“Hirer” means the person named on PERTHEXPO’S quote.
“PERTHEXPO” means PERTHEXPO (ABN 71 916 718 729) and any related entities of PERTHEXPO (ABN 71 916 718 729) from time to time.
“Terms” means these terms and conditions, including the custom display terms and website terms and conditions, as amended, varied or supplemented from time to time.
Prices quoted are for a single hire duration not exceeding 10 days. If the duration of the single hire exceeds 10 days then further hire and other charges will be payable by the Hirer to PERTHEXPO. Any work performed on a public holiday may incur a surcharge.
PAYMENT FOR EXHIBITIONS
Orders cannot be confirmed until all hire and other charges have been paid in full. No responsibility is accepted for non-delivery of Equipment where payment has not been made in advance or made available at the time of delivery.
TERMS OF PAYMENT
The Hirer agrees to pay PERTHEXPO’s hire charges and any other charges, including but not limited to charges for loss, damage and repairs or any tax, GST, duty, levy, or other expenses paid or payable by PERTHEXPO or any other costs or expenses referred to in these Terms. If not otherwise specified by PERTHEXPO in writing all hiring charges including taxes and duties are to be paid prior to delivery of the Equipment. PERTHEXPO shall be entitled to charge interest on all outstanding monies due by the Hirer at the rate of 12.0% per annum. The Hirer agrees to provide PERTHEXPO with the Hirer’s credit card number, expiry date and any other information, which may be necessary to debit the Hirer’s credit card prior to delivery of the Equipment. Subsequent charges for loss, damage, repairs or other expenses are to be paid within seven days of the relevant invoice being issued by PERTHEXPO to the Hirer. The Hirer hereby authorises PERTHEXPO to debit the Hirer’s credit card with the amount shown on the relevant invoice if the Hirer has not paid that amount within seven days of the date of the relevant invoice. The Hirer agrees to pay any costs, charges or other expenses incurred or loss suffered by PERTHEXPO as a result of any breach by the Hirer of these Terms (including legal costs on a solicitor-client basis) and to pay all costs and expenses incurred by PERTHEXPO, its legal advisers, mercantile agents and others in respect of anything instituted or being considered against the Hirer, whether for debt, possession of any Equipment or otherwise.
PAYMENT FOR GENERAL HIRE
C.O.D. payment (except for account holders)
All Equipment is subject to stock availability. Early orders receive priority and payment is required to reserve stock.
Orders cancelled after delivery of the Equipment will be charged at the full rate plus transport costs. All orders cancelled up to 7 days prior to the exhibition opening and prior to delivery will be charged to the Hirer at the full rate plus other applicable charges, while orders cancelled up to 30 days prior to the exhibition opening and prior to delivery will be charged to the Hirer at 50% of the full rate plus other applicable charges. If signage or other custom work has been commenced prior to cancellation has been received then these items will be charged at 100% of the relevant quote price.
Custom Stands : See Custom Display Terms Below.
Written notification confirming that the event has been cancelled is required to be provided by the Event Organiser to effect a cancellation of the hire of the Equipment. Regardless of reason for cancellation an amount equivalent to 20% of the expected minimum total charges that would have been payable for the event will be payable by the Hirer or Event Organiser for all cancellations received 90 days or more prior to the event start. An amount equivalent to 50% of the expected minimum total charges will be payable by the Hirer or Event Organiser for all cancellations received between 90 and 14 prior to the event start. An amount equivalent to 100% of the expected minimum total charges will be payable by the Hirer or Event Organiser for all cancellations received 13 days or less prior to the event start.
PERTHEXPO may elect to cancel an order without any liability whatsoever in the case where any obligation that they have to the Hirer is delayed, prevented or rendered impractical by any of the following occurrences (to the extent such an occurrence is beyond the reasonable control of PERTHEXPO): fire, flood, riot, earthquake, strike by exhibition venue employees, civil commotion, act of God, act of terrorism, a pandemic or epidemic, or any other ordinance, rule or regulation which becomes effective before or after the date of commencement of hire.
PERTHEXPO shall be entitled to retain any money paid to it by the Hirer up to the date of termination up to an amount of 50% of the expected total charges for the order to cover PERTHEXPO’s time and expenses incurred, if the Agreement is terminated pursuant to this clause or otherwise frustrated.
All prices exclude GST.
RISK AND OWNERSHIP
Property in the Equipment will not pass to the Hirer at any time. The Hirer agrees that the Equipment shall be at the Hirer’s risk immediately on delivery to the Hirer or into the Hirer’s custody (whichever is the sooner). The Hirer further agrees that under these Terms PERTHEXPO may enter upon the Hirer’s premises or elsewhere without notice and with force if reasonably necessary to repossess the Equipment without being liable for trespass. The Hirer shall indemnify PERTHEXPO for any loss or damage suffered by PERTHEXPO and against all claims brought against PERTHEXPO arising from PERTHEXPO repossessing the Equipment.
DAMAGE OR LOSS
The Hirer shall at all times be liable for any loss of, or damage to the Equipment from whatever the cause at all times after the Equipment is delivered or placed in the possession or control of the Hirer up until the Equipment is collected by or returned to PERTHEXPO. ACCIDENTAL DAMAGE is covered by utilising the 9% damage waiver (exclusive of GST).
Any damage from whatever cause must be reported to PERTHEXPO immediately (Phone: 08 9475 2022 – Email [email protected]. PERTHEXPO retains the right to remove the Equipment at any time if the items are not being used for the purpose for which they were designed.
Outside our normal working hours special transport rates apply.
Must be carried out by PERTHEXPO staff. An additional charge will apply for delivery and placement of the Equipment.
Placed within 1 working day of exhibition opening will be charged an additional late order surcharge of 10% of the total value of the order.
Will be charged an additional $40 surcharge, with the exception of 3 phase power which will be subject to an additional 30% surcharge of the total value of the order.
Any onsite request for alterations to electrical items will incur an additional minimum charge of $25 per item.
THE HIRER’S OBLIGATION
The Hirer will:
(a) bear responsibility for the Equipment hired from the time of its delivery until collection by or return to PERTHEXPO;
(b) upon installation, delivery or collection of the Equipment immediately examine the Equipment to satisfy itself as to the Equipment’s condition and suitability and fitness for the purpose for which the Hirer requires the Equipment. In accepting the Equipment the Hirer acknowledges that it has duly examined the Equipment and has satisfied itself as required. The Hirer acknowledges that it has not in any way relied upon the skill or judgement or any representation made by or on behalf of PERTHEXPO in respect of the Equipment, its purpose, suitability or performance. Should the Hirer alter its installation or delivery requirements prior to, during, or after installation or delivery, the Hirer is liable for all extra costs of PERTHEXPO’s employees and cartage;
(c) assume the risk of and indemnify and hold the PERTHEXPO harmless from and against any and all property damage and personal injury resulting from:
(i) the use of the Equipment;
(ii) contact with underground cables, pipes, services or other obstructions; and
(iii) all necessary surface repairs;
(d) use the Equipment in a proper, safe and prudent manner and only for the purpose and capacity for which is was designed;
(e) ensure all Equipment is returned or ready for collection by PERTHEXPO’s staff, in a clean, dry and properly-packed condition, and, if being collected, is readily accessible. The Hirer will pay for all cleaning or drying costs and for any damage resulting from not properly drying, cleaning and/or packing the Equipment.
All Equipment must be available for collection immediately following closure of the exhibition. Please remove all Equipment and/or the Hirer’s property from lockable furniture.
No responsibility can be accepted for any property of the Hirer left at the site following the closure of an exhibition.
Payment by any Hirer located outside of Australia must be made in Australian currency ($AUD) by one of the following:
international bank draft, American Express, Visa, Mastercard or by direct deposit to our bank account.
CREDIT CARD PAYMENTS
A 1.5% credit card surcharge will apply for all credit card payments.
Any claim relating to the quality of the Equipment or services provided must be made at the time of delivery or during the exhibition/event. NO CLAIM will be recognised after the exhibition/event closes.
The Hirer agrees to abide by PERTHEXPO’s further terms and conditions of hire as may be notified by PERTHEXPO to the Hirer from time to time.
If any payment made by, or on behalf of, the Hirer to PERTHEXPO shall subsequently be avoided at law or recovered by a liquidator or trustee in bankruptcy, such payment shall be deemed not to have discharged the Hirer’s liability and in such event PERTHEXPO and the Hirer shall be restored to the position in which each would have been had the payment not been avoided.
The Hirer agrees that a variation or waiver of these Terms is effective only if it is in writing and signed by PERTHEXPO. Such waiver is effective only in the specific instance and for the specific purpose it was given.
The Hirer hereby in favour of PERTHEXPO charges with the due and punctual payment and the due, punctual and complete performance of all its liabilities and obligations hereunder or on any account whatsoever to PERTHEXPO all its legal and equitable interest of whatsoever nature held in any real property both present and future and the Hirer hereby consents to PERTHEXPO lodging a caveat or caveats noting its proprietary interest herein.
The Hirer grants a security interest in all of its present and after acquired property and in all of its present and future rights, title, estate and interest, whether legal and equitable, including in relation to any personal property including any debts owed to the Hirer, in favour of PERTHEXPO to secure the performance of its liabilities and obligations hereunder or on any account whatsoever.
If any party to this agreement comprises two or more parties each of those parties is jointly and severally liable on the covenants and obligations herein.
If any part of these Terms becomes void or unenforceable then that part shall be severed to the extent that all parts that are not void or unenforceable shall remain in full force and effect. If these Terms are held to be a standard form small business contract then any clause or term which is deemed to be unfair pursuant to the Australian Consumer Law by any competent authority or the Courts, will be severed from this document and/or these terms and conditions and/or the further terms below.
These Terms and the agreement between PERTHEXPO and the Hirer shall be governed and construed in accordance with the laws of Western Australia and the parties submit to the jurisdiction of the Courts of Perth, Western Australia and waive any right to object to any proceedings being brought in those Courts.
None of the provisions of these Terms will merge in or upon the execution of this or any other agreement, document, act, matter or thing and will continue to remain in full force and effect for so long as is necessary to give effect to the provisions of this agreement.
Where there is any inconsistency between these Terms and any prior or subsequent agreement between PERTHEXPO and the Hirer, any such prior or subsequent agreement shall be read down to the extent necessary to give full force and effect to the terms and conditions of this agreement.
CUSTOM DISPLAY TERMS
The below further terms apply where the Hirer has requested a custom display, in addition to the above terms and conditions.
Acceptance and Confirmation
A signed acceptance will allow PERTHEXPO to schedule production and allocate stock for your custom display project. This acceptance must be received by no later than 30 working days prior to commencement of the event build or delivery date. Late acceptances and late payment of deposit invoices will incur an additional 25% surcharge on the quoted amount unless the delivery date can be extended.
A security deposit of 50% of the total order value must be paid upon acceptance and for production to commence. The remaining 50% must be paid 30 days prior to installation. If a deposit and acceptance is not received by the required date PERTHEXPO reserves the right to withdraw from its agreement with the Hirer. Any orders by a Hirer located outside Australia or for delivery outside or inside Australia must be paid for upfront in full as confirmation of the Hirer’s acceptance.
A minimum 50% cancellation fee of the quoted value of the order will be payable by the Hirer on all signed and accepted quotations. If the stand has been manufactured any cancellation will incur 100% fee. Cancellations received within 30 days prior to the commencement of the event or delivery date will incur a 100% cancellation fee of the quoted l value.
Construction Time Lines & Venue Access
Adequate time is required to create detailed construction drawings, source materials, print signage, construct the stand and then professionally mark out, build, service and dismantle your exhibit. Please ensure your event allows sufficient time to complete the project. If you are unsure how much time is required please contact PERTHEXPO.
Planning and Production
Planning and production schedules will be developed in consultation with the Hirer as per project requirements. Our quotation does not take into account unforeseen delays in the supply of information or late changes made by the Hirer which may result in additional costs being incurred. As the delivery date can generally not be moved, late charges will be incurred to cover necessary overtime costs.
Lead times detailed in this schedule will greatly assist us in providing you with the highest level of professional service, quality and results. If final confirmation and acceptance is not received within the required lead time prior to the event or delivery date PERTHEXPO reserves the right to withdraw from its agreement with the Hirer or charge the Hirer an additional 25% surcharge on top of the quoted or invoiced amount. All furniture orders received after the following times will incur a 10% late order fee:
Exhibition Floor Plans: 10 working days
Shell Scheme- 10 working days
Fascia Names- 10 working days
Custom Exhibit- 25 working days
Upgrade Stands- 20 working days
Custom Graphics- 20 working days
Exhibition Furniture Local- 1 working day
Exhibition Furniture Country- 5 working days
Should the event or display be constructed outside of standard working hours (prior to 6:00am or after 8:00pm) an early or late access fee will be charged. This fee is calculated at a standard hourly rate per man per hour or part thereof worked outside standard working hours.
If the number of booths built alters from the original quotation the invoiced amount will be adjusted to reflect these changes. On-site variations and alterations to the confirmed plan will incur an additional 20% charge on the alterations only.
The Hirer is responsible for any loss and damage to the Equipment from the time it leaves PERTHEXPO’s custody or control to the time it returns to PERTHEXPO’s custody or control. PERTHEXPO is not insured for display equipment erected in temporary structures. The responsibility for insurance against rain or water damage including storm and tempest, fire, earthquake, burglary (physical forced entry) is the Hirer’s responsibility.
PERTHEXPO reserves the right to charge a 1.5% service fee for all credit cardpayments.
Design and Graphics
Graphic design services when available will incur a minimum fee of $80 with a standard hourly fee additional . All designs and graphic artwork created by PERTHEXPO are protected under copyright and are not to be reproduced without prior written agreement from PERTHEXPO.
All signage and graphics quotations are subject to cost review if print ready artwork is not received 15 days prior to the event build or delivery date. All signage must be approved for production no later than 10 working days prior to commencement of the build. Our free design service does not extend to graphic design. All artwork must be received in a usable format as per PERTHEXPO artwork specification guidelines. Graphic design work will be charged at the standard hourly rate for any artwork modifications and for all design work if print ready artwork is not received as per our guidelines or is not suitable or is incomplete.
All fascia signs remain the property of PERTHEXPO. These must remain in the exhibition stands for collection by our staff after the event. All custom graphics remain the property of the Hirer unless otherwise agreed to in writing.
Keeping stand components
All purpose-manufactured components and graphics for this exhibit remain the Hirer’s property after the exhibition. System items, furniture, audio visual and electrical items are excluded and remain the property of PERTHEXPO. Packing and transport from the stand to your premises or storage facilities after the exhibition is not included in the quotation. If the Hirer does not wish to keep these components they will be discarded after the event, but may incur a disposal charge to the Hirer. Storage of these items is the responsibility of the Hirer. PERTHEXPO can offer a delivery service to transport the above components to the storage facility of the Hirer’s choice at a cost of $300 +GST (metro area only). Please note packaging fees may apply.
Where there is any inconsistency between these custom display terms and conditions and the general terms and conditions, these custom display terms and conditions shall prevail to the extent of any inconsistency.
WEBSITE TERMS AND CONDITIONS
These additional terms and conditions apply to any use of our website by the Hirer or any of its employees, agents or contractors (referred to herein as the “Hirer” or “you”).
Restrictions on Use of Materials
This site is owned and operated by PERTHEXPO. (referred to herein as “PERTHEXPO,” “we,” “us,” or “our”). No material from the site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of PERTHEXPO’s copyright and other proprietary rights. The use of any such material on any other website or networked computer environment is prohibited. Except as otherwise indicated on this site and except for the trademarks, service marks and trade names of other companies that are displayed on this site, all trademarks, service marks and trade names are proprietary to PERTHEXPO.
The materials in this site are provided ‘as is’ and without warranties of any kind either expressed or implied. PERTHEXPO disclaims all warranties, express or implied, including, but not limited to warranties of fitness for purpose or merchantability, to the fullest extent permissible pursuant to applicable law. PERTHEXPO does not warrant that any errors or defects in functionality or content will be corrected, or that the presentation of any information herein will be uninterrupted, or that this site or the server that makes it available are free of harmful components and viruses. PERTHEXPO does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their accuracy, reliability, correctness or otherwise. You (and not PERTHEXPO) assume the entire cost of all servicing, correction or repair. Applicable law may not allow the exclusion of implied warranties, and therefore the above exclusion may not be applicable to you.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall PERTHEXPO be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if PERTHEXPO or any authorised representative has been advised of the possibility of such damages. In no event shall PERTHEXPO have any liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) for accessing this site.
Information Collection and Use
PERTHEXPO may collect personally identifiable information when you visit or use our pages. We also automatically receive and record information on our server logs from your browser including your IP address, cookie information and the page you visited. We may use this information for three general purposes: to customise the content you see, to fulfil your requests for certain services and information, and to contact you.
Information Sharing and Disclosure
PERTHEXPO will not sell or rent your personally identifiable information to anyone. We will send personally identifiable information about you to other companies or people when:
(1) we have your consent to share the information;
(2) we need to share your information to provide the product or service you have requested;
(3) we need to send the information to companies who work on behalf of PERTHEXPO to provide a product or service to you and unless we tell you differently, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us;
(4) we respond to subpoenas, court orders or legal process; or
(5) we find that your actions on our websites violate the above terms of service, or any of our usage guidelines for specific products or services.
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