hong kong station - JCDecaux Group

Exhibition Site
Definition
1. (a) The expression “the Company” shall mean “JCDecaux
Pearl & Dean Limited ” 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, assigns and, as the case may be, the Client.
Agencies
2. The Exhibitor shall be personally liable for payment of all
accounts hereunder and shall be deemed to have full
authority of the Client in all matters including artwork
submission, intellectual property rights, production
requirements, agency commissions and incentives where
applicable connected with the placing of Orders and their
amendment.
Commission
3. No agency commission will be allowed to the agency on
Exhibitions and Display activities.
Terms
4. 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
mode by express written Agreement between the parties.
Acceptance
5. (a) This Exhibition Agreement must be signed (in duplicate)
and returned to the Company 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 the Company.
(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 the
Company.
(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.
Insurance Policy
6. (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.
Terms & Conditions
6. (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 sub-paragraphs 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.
Safety Representative
7. A Safety Representative must be employed to take
care of the goods / exhibits / advertising and
promotion materials after normal exhibition hours.
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