MTR Advertising Exhibition & Display Sites - JCDecaux Group

Terms & Conditions – Exhibition & Display (I)
All General Terms and Conditions are applicable.
1. Definition
(a) The expression “the Company” shall mean “JCDecaux
Pearl & Dean Ltd” and shall include its successors and
assigns.
(b) The expression “the Exhibitor” shall mean the person,
firm or company placing the Order and shall include
its successors and assigns.
2. Agencies
(a) The Exhibitor at all time contracts with the Company for
itself as principal and acting entirely for itself.
(b) An Exhibitor (including an advertising agent/ agency)
shall be personally liable for payment of all accounts
hereunder and warrants that it has full authority for itself
in all matters including artwork submission, intellectual
property rights, protection of personal data collected,
production requirement, agency commissions and
incentives where applicable, connected with the placing
of orders and their amendment.
3. Commission
(a) No agency commission will be allowed to the agency
on Exhibitions and Display activities.
(b) Other additional commission may apply where applicable.
4. Terms
The placing of an Order by the Exhibitor with the
Company shall constitute acceptance by the Exhibitor of
these Terms and Conditions which shall override and
exclude any other terms stipulated, incorporated or
referred to by the Exhibitor. No modification of these
Terms shall be effective unless made by express written
Agreement between the parties.
5. Acceptance
(a) This Exhibition Agreement must be signed in duplicate
and returned to JCDecaux Pearl & Dean Ltd within 2
weeks of the Agreement date, together with the
necessary document, i.e. a copy of the Business
Registration, approved Entertainment License (if
applicable), etc. The booking for the exhibition cannot be
confirmed until the Agreement is processed and
approved by JCDecaux Pearl & Dean Ltd.
(b) After the agreement is signed, the Exhibitor cannot
cancel this Agreement by giving less than 8 weeks’
notice before the exhibition commencement date. If the
notice of cancellation given is less than 8 weeks before
the commencement date, full payment of the contract
amount has to be fulfilled.
(c) Where an agent is entering into this Agreement on behalf
of the Exhibitor, the agent must provide written evidence
of his / her appointment. If no such evidence is
available, this Agreement is personal to the Exhibitor
and may not be assigned without prior written consent of
JCDecaux Pearl & Dean Ltd.
(d) The exhibition must be operated by the Exhibitor or
his/her agent(s). The transfer or assignment of the
exhibition site to other companies/operations are strictly
prohibited.
6. Insurance Policy
(a) The Exhibitor acknowledges and agrees that all
exhibition and display items and all property placed,
stored and/or left at the exhibition sites are wholly at the
Exhibitor’s own risks. The Company and MTR
Corporation Limited shall bear no liability or
responsibility thereof whatsoever. The Exhibitor shall
take all necessary actions and precautions at his/her
own costs in relation to the security and safety thereof.
The Exhibitor shall also at his/her own expenses take
out and maintain appropriate valid insurance throughout
the exhibition period to fully cover against all such risks.
(b) In addition to sub-paragraph 6(a) above but without
prejudice to any other obligations of the Exhibitor, the
Exhibitor undertakes to effect and maintain at his/her
own expenses throughout the exhibition period
appropriate valid Insurance to fully cover against all risks
of claims and/or actions by any person whether in
respect of public liability, personal injuries, loss and
damage to property or otherwise caused by or arising
out of: (i) the use and occupation of the exhibition sites
by the Exhibitor, its agents, employees, visitors and/or
contractors; (ii) any items displayed or exhibited by the
Exhibitor and/or any property placed, stored and/or left
at the exhibition sites; and/or (iii) any act, conduct,
omission and/or default of the Exhibitor, its agents,
employees, visitors and/or contractors. Such insurance
shall have a minimum limit of indemnity of
HK$10,000,000.00 per claim or incident, and the
Company and MTR Corporation Limited shall also be
named in such insurance policy as the insured so as to
provide full indemnity to the Company and/or MTR
Corporation Limited in event that any of the aforesaid
claims and/or actions are made or brought against them
or any of them.
(c) All the aforesaid insurance coverage shall be effected
with a reputable licensed insurer. The Exhibitor shall
forthwith upon request produce to the Company and/or
MTR Corporation Limited for inspection the original copy
of the insurance policy or policies mentioned in subparagraphs
6(a) and (b) above, together with the
relevant receipts of full and due payment of premium by
the Exhibitor.
(d) For the avoidance of doubt, if in the event that the
Company and/or MTR Corporation Limited shall have at
any time maintained any insurance coverage which are
similar to or shall contain all or part of the insurance
coverage as are mentioned in sub-paragraph 6(a)
and/or (b) above, neither the Exhibitor and/or his/her
insurer shall have any right to seek any contribution or
indemnity from such insurance policy of the Company
and/or MTR Corporation Limited, nor shall the Exhibitor
and/or his/her insurer be entitled to require the Company
and/or MTR Corporation Limited to first claim or seek
indemnity against their own insurance policy before
claiming any indemnity under such insurance effected by
the Exhibitor under sub-paragraph 6(a) and/or (b)
above.
(e) The Company is entitled to stop or suspend any
exhibition or display of the Exhibitor or to disallow the
Exhibitor to use or enter the exhibition sites if any of
sub-paragraphs 6(a) to (d) above are not complied with.
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