General Servicing and Contractual Conditions of ÉBSZ Exhibition of
Construction Machines
1. Data of the Exhibition
1.1 Data of Main Organizer:
Name: Alliance of Distributors and Renters of Construction Machines
Site: H-2045 Törökbálint, árpád u. 143. / Hungary
Registration number: T4457
Represented by: Mr. Krisztián Csizmazia, Dr. Kázmér Csorba, Mr. István Kamarás, Mr. ákos Varga
Bank account number: 10700268-43733703-51100005
Tax. reg. number: 18711877-2-13
1.2 Data of the exhibition organizer (Organizer):
Name: Expo -Team Kiállításépítő és Tervező Kft. (Expo-Team Exhibition Organizer and Designer Ltd.)
Site: H-1025 Budapest, Verecke u. 85. / Hungary
Company reg. number: 01-09-061970
Represented by: Mr. Attila May, managing director
Bank account number: 10402166-21610769-00000000
Tax. reg. number: 10243183-2-41
1.3 Name of the exhibition: "ÉBSZ Építőgépek Kiállítása" (ÉBSZ Exhibition of Construction Machines)
1.4 Location of the exhibition:Kvarchomok Ltd. Sóskút surface mine, near érd city / Hungary, topographic number: 38. This is an area of a surface mine, without any activity, located at the exit "Puszatzámor Sóskút" of M7 highway, its size is approximately 22,000 m2.
1.5 Date of the exhibition: 16-18 September 2010
1.6 Exhibitor:
An exhibitor can be a natural or legal entity, or company without legal entity, other kind of company, private contractor, which accepts the present General Conditions with the signature of the Application Form, submits the Application Form and the Main Organizer accepts it and enters into a contract with the Exhibitor.
2. Application, Contracting
2.1 An Application Form is issued by the Main Organizer. The application shall be made with filling duly signing and submitting of the Application Form in three copies. Signing the Application Form means the acceptance of present General Conditions. The Application form, duly filled, submitted and confirmed by the Main Organizer together with present General Conditions shall constitute the Exhibition Servicing Contract between the Main Organizer and the Exhibitor.
2.2 Deadline for the submitting of the Application Form: 28 May 2010
2.3 Only private entrepreneurs, natural or legal entities with company registration with private entrepreneurs' license, with operation license and with tax registration number are allowed to apply for the exhibition.
2.4 The exhibition servicing contract between the Exhibitor and the Main Organizer is valid only when the Main Organizer confirms the properly received Application Form in writing.
2.5 The Exhibitor accepts that after the confirmed application any alteration in his aim for attendance or his absence from the exhibition shall not release him from the payment obligations under the exhibition service contract.
2.6 The Main Organizer is exclusively entitled for the determination of the stands on the exhibition area, or its alteration up to the
commencement of the exhibition. The Main Organizer shall observe the requests of the Exhibitors as far as possible.
3. Payment Conditions
3.1 The prices indicated on the Application Form shall include the following services from the Main Organizer:
- Erection and carpeting of a basic stand in the Pavilion,
- Providing electric and lighting facilities,
- Guarding of the exhibited machines and equipment, if they are delivered to a location determined by the Main Organizer for the night, cleaning of the exhibition site..
3.2 The Main Organizer registers the requests of an Exhibitor as indicated on the Application Form only after the receipt of the registration fee on the Main Organizer's bank account. The registration fee is separated from the exhibition fee, as this is an independent price for the registration.
3.3 For the costs of the exhibition the Main Organizer requires the 50% payment of the total exhibition fee (as stipulated at paragraph III. the Application Form) as advance payment to be transferred in 8 days after signing the Exhibition Service Contract. The Exhibitor hereby binds himself to perform this transfer. The advance payment obligation of the Exhibitor shall be deemed timely performed by the contracting partners when the amount is received on the bank account of the Main Organizer latest of the 8th day after signing the contract. In case of default in payment the Exhibitor accepts to pay the double of the valid basic rate of the central bank.
3.4 The Main Organizer shall issue a final invoice for the rest of the exhibition fee based under the amount stipulated at paragraph III. the Application Form. The payment of the final invoice can be performed in cash or with bank transfer after a preliminary agreement. The expected date of issuing of this invoice: 02 August 2010. The active debt will be acknowledged and will be mature on the payment deadline stipulated on the invoice after handing over by the Main Organizer and receipt of the acceptance by the Exhibitor. In case of default in payment the Exhibitor accepts to pay the double of the valid basic rate of the central bank.
4. Cancellation Conditions
4.1 The entrant (Exhibitor) is entitled to cancel his application in writing. In case of cancellation the Exhibitor is not allowed to reclaim the amount paid up to the date of cancellation; this amount shall be left at the Main Organizer as the price for the undertook obligations of the Main Organizer.
4.2 In case of cancellation in 15 days before the commencement of the exhibition should the Exhibitor failed to pay the remainder as indicated in the final invoice for the main Organizer, the Exhibitor is obliged to pay this amount in 8 days after the cancellation to the bank account of the Main Organizer and the Exhibitor accepts that in case of default in payment he is obliged to pay the double of the valid basic rate of the central bank.
4.3 The complaints of the Exhibitor regarding the quality, quantity and effectuation of the services, if any, should be submitted to the Main Organizer in writing for the sake of confirmability; as regards the complaint of the Exhibitor respecting to the invoice, if any, shall be submitted to the Main Organizer in writing up to the deadline of the invoice payment. Any complaint received by the Main Organizer after the above indicated deadlines shall be rejected.
5. Advertising
5.1 The Exhibitor may install advertising materials at his own stand. Except under individual agreement with the Main Organizer no other advertising activity is allowed for the Exhibitor and the Exhibitor is not allowed to install advertising materials beyond his stand.
5.2 The Main Organizer shall compile a catalogue on the Internet about the details of the exhibitors. The entry to this catalogue is free of any charge for the exhibitors and shall be made with the details received by the Main Organizer. No additional advertising is possible.
6. Fire Protection
For the file prevention and according to the relevant laws and rules the Main Organizer issues an EXHIBITION FIRE PREVENTION RULES. Every Exhibitor and labourer must observe these Rules. The Rules in its full details or its excerpt is available at the reception desk of the Exhibition. A brief “Arrangements of Fire Protection” shall be issued for the Exhibitor. The Exhibitor must observe these rules.
6.1. On the area of the Exhibition the Law XXXI. together with the decree 35/1996(XII. 29) BM (Ministry of Internal Affairs) State Fire Prevention Act and other relevant acts should be observed.
6.2. It is forbidden to exhibit or sale any flammable and/or explosive material (rated to “A” or “B” class of fire hazard), flammable fluid and filled gas-cylinder; only the empty package of these materials can be displayed.
6.3. Any technology or activity requiring open flame or using flammable fluid can be exhibited or displayed according to the special expertise and permission of the competent fire-department. It is the task and charge of the Exhibitor to obtain this expertise and permission.
6.4. Under the Fire Prevention Rules the Exhibitors must instruct their labourers working on the area of the Exhibition in the valid general fire prevention Rules. This training has to be done up to the opening of the Exhibition.
6.5. Every Exhibitor is obliged to provide a hand operated fire extinguisher and to keep it at its stand during the Exhibition. This hand operated fire extinguisher must be an ABC type (EN3 standard) with fire fighting capacity of 2 7A.
6.6. It is forbidden to display any flammable activity. Prior to displaying this type of activity the Exhibitor must require a permit from the Main Organizer.
6.7. It is strictly forbidden to narrow or block up the traffic routes. It is forbidden to store any material or vehicle on the area assigned for fire fighting purposes.
6.8. The free access to the fire fighting equipment and tools must be provided any time.
6.9. Smoking is allowed only at the designated spots of the Exhibition.
6.10. The displayed machines must be in perfect technical condition. The fuel necessary for the test of the displayed machine must be provided by the Exhibitor.
6.11. The machines on display and live tests and the electric tools, machines and appliances for decoration and technological purposes must have a valid Labour Safety Certification valid in Hungary, and their erection and fitment must correspond to the relevant standards.
6.12. The quantity of combustible materials displayed or stored at the stand must not cause greater heat load to the environment than 400 MJ.
6.13. No gas operated heaters are allowed to use in the stands as additional heating.
6.14. The Exhibitor is responsible for the observation of the fire prevention rules.
7. Rules Relevant to the Foreign Exhibitors and Imported Goods
7.1 It is expedient to import the goods for display from non-EU countries with ATA-CARNET customs documents.
7.2 The documents must be addressed to the name of the Exhibitor's company and to the address of the Exhibition.
Name and stand number of the Exhibitor:
Address: ÉBSZ Építőgép Kiállítás, Sóskút hrsz.: 38. (ÉBSZ Exhibition of Construction Machines, Sóskút, hrsz. 38.) 38.
7.3 The receipt of the goods must be performed by the Exhibitor so he must be present at the arrival of the goods.
7.4 Importing of the goods for display from EU countries must be performed according to the EU rules.
7.5 As regards the custom formalities it is expedient to get information in advance.
8. Labour Safety
The Labour Safety Act (Law of 1993 / XCIII) modified by Law XI / 2004. and the decrees 21/1998 (IV.17.) IKIM, modified by decree 83/2003. (Xll.11.) GKM must be observed.
The Law of Lifting Machines 47/1999 (VIII.4.) GM, modified by decree 135/2004. (XII.16.) GKM should also be observed.
All workers and labourers working or performing tasks on the Exhibition area must be instructed by their employees in labour safety and fire prevention. Minutes of the putting into operation process of the operated machines must be recorded and these minutes should be handed over to the Organizer before opening of the Exhibition. Neglecting to do this shall not release the operator of the machine from the responsibility.
The accidents must be reported to the Organizer.
9. Electric Power Supply
9.1 The Main Organizer is responsible for the temporary electric network, from the main power tap up to the connection points on the stands where the Exhibitor connects his appliances to this temporary network.
9.2 The erection of the stand as ordered by the Exhibitor and erected by the Main Organizer means the electric installation of the stand, according to the order, except the requests of three-phase machine connections.
9.3 The Exhibitors must provide access to the basic network elements (switches, distributor boxes) on the area of the open-air tents.
9.4 An Exhibitor must not perform or must not have performed any tampering or connection operation on the basic electric network before his connection point. Neither the Main Organizer nor the organizer of the Exhibition shall be held responsible for damages caused by the above activity.
9.5 All Exhibitors must observe the relevant electric rules and standards during the whole period of the Exhibition from the connection (starting up) up to the putting out (cutting off).
9.6 After the Exhibition only the dismantling of the stand can be started after cutting the electric power off.
9.7 The Main Organizer is not responsible for:
9.7.1 Damages originated from the electric trouble during the Exhibition,
9.7.2 Damages originating from the injury of the temporary electric network erected by the Main Organizer, or from the inadvertent use of this network.
10. Exhibits
10.1 The Exhibitor must provide satisfactory information to the Main Organizer to let him arrange the location of the exhibits properly.
10.2 The Exhibitor may install his exhibits only on the designated area.
10.3 Flammable materials may not be installed or can be installed with the strict observance of the fire prevention rules.
10.4 Machines, tools operating with electricity can be displayed or exhibited only in the form according to the Hungarian certifications and standards.
10.5 The Main Organizer and organizer is not responsible for the checking of the commercial activity of an Exhibitor; any legal issues originating from this activity is for the responsibility of the Exhibitor.
11. Execution – Stand Erection
11.1 Together with the Application Form the Exhibitor must provide proper information about the goods and things to be displayed (masses, sizes).
11.2 The Main Organizer provides a uniform stand for every Exhibitor in the pavilion; its erection and demolition shall also be made by the Main Organizer.
12. Furniture of the Stands
12.1 The installation of the stands shall be provided by the Main Organizer; the installation must consider the stand height of 2,5 m.
12.2 The Exhibitor shall install his stand to fit harmonically to the overall view of the Exhibition. The Exhibitor shall also observe the labour safety, fire prevention and other rules and requirements. It is strictly forbidden to use the traffic routes and emergency exits. The installation of the stands should be finished up to 18.00 hours on the day before opening of the Exhibition.
12.3 The transportation and installation of the exhibits and goods to and from the Exhibition shall be the sole responsibility of the Exhibitor.
12.4 The Main Organizer not be held responsible for the storage of the packaging materials on the area of the Exhibition.
13. Demolition of Stands; Removal of the Exhibits
13.1 The demolition of the uniform stands shall be removed by the Main Organizer.
13.2 The removal of the exhibits shall be commenced by the Exhibitors after the closing of the exhibition and shall be finish this work as soon as possible but latest in 24 hours after the closing date.
14. Guarding
14.1 As a building site, the exhibition area shall be guarded from the day of construction up to the finishing of the demolition but latest up to 22.00 hours on the day after the closing date of the Exhibition.
14.2 The guarding of the stands shall be provided from the closing time of the first day (18.00 hours) up to the morning of the next day at 1 hour before the opening time. The Exhibitors can access their stands 1 hour before the daily opening time for arrangements and goods refilling.
14.3 Any damages presumably happening by night shall be immediately reported to the organizer after the observation. During the opening hours of the Exhibition the Main Organizer shall not be responsible for the exhibits.
15. Cleaning
15.1 The Main Organizer shall be responsible for the general cleaning of the exhibition area. Cleaing shall be performed once daily after the daily closing time.
15.2 The Exhibitor shall be responsible for the general cleaning of the exhibition area during the opening hours.
16. Force Majeure
16.1 Those circumstance which are beyond the control of any contractual party shall release the party in question from the contractual obligations if these circumstances emerge after signing of present contract or emerge before the signing of present contract but their consequences which prevent or delay the performance of this contract have not been predictable at the time of the contract signing.
16.2 Those circumstance which are beyond the control of any contractual party shall release the party in question from the contractual obligations if these circumstances emerge after signing of present contract or emerge before the signing of present contract but their consequences which prevent or delay the performance of this contract have not been predictable at the time of the contract signing.
17. Notices
17.1 All correspondence between the parties in connection with present Contract or any notice sent to the other party shall be made in writing and shall be deemed as delivered if the message is sent on the following ways and when the addressee receives it:
a) Personal delivery against acknowledgement of receipt for the designated representatives of the parties.
b) Registered letter; the message shall be deemed delivered if the letter returns with return receipt marked with "not fetched" or "denied".
c) Telefax; if the receiver confirms the receipt, or the sender is able to certify the sending with transmit log.
d) E-mail sending; when delivery notification, return receipt is received by the sender.
18. Closing Stipulations
18.1 In case of any disputation arising from or connected with the contractual relationship of the parties they pursue to seek amicable solutions.
18.2 Should the disputation can not be settled on amicable way the parties agree to submit the case, arising from present contract in connection with its accomplishment violation notice validity or interpretation, to the court and they abide the decision of Central County Court of Pest or Capital Court of Budapest irrespective of the debated value.
18.3 Any modification of present Contract shall be made in writing.
18.4 Issues not regulated in present contract are subjected to the Civil Code of Hungary. After reading and understanding of present contract the contracting parties set forth their hands as their willing consent.
Date: 01 March 2008
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General Servicing and Contractual Conditions