Terms and Conditions
THE EXHIBITOR ACKNOWLEDGES THAT THE OFFER TO ENTER INTO THE GROUND SPACE CONTRACT AND TO ACQUIRE THE ADDITIONAL SERVICES IS SUBJECT TO THE FOLLOWING ADDITIONAL TERMS.
1. The Owner grants and the Exhibitor accepts a licence to enter and use the nominated space (“the space”) for the duration of the Field Days and for a reasonable set up period(being one week prior to commencement of the Field Days) and removal period (being one week after the termination of the Field Days) hereinafter referred to as the (“the Licence”). 2. The Exhibitor covenants to pay an occupation fee as agreed on or before 2nd September 2016. 3. The Owner covenants as follows: (a) The Exhibitor, his servants, agents, customers and persons delivering or collecting goods at the space shall have access to the space during the period of the Licence. (b) The Owner will not interfere with the Exhibitor’s reasonable use and enjoyment of the space during the term of this licence. (c) The Exhibitor and the other persons listed in clause 3(a) shall be entitled to use the toilets and other facilities appearing on the site map. (d) The Owner does not take any responsibility for loss or damage to the property or person of the Exhibitor or any person when entering, leaving or being at the space in connection with the Exhibitor’s business or the use of the space, and the owner is indemnified from liability for any such loss or damage, however caused.
4. The Exhibitor covenants:
(a) To use the space for exhibition and sale of goods and services described in the Ground Space Contract and for no other purpose.
(b) Not to assign the benefit of this licence or to grant any sub-licence or to cease to conduct the business personally.
(c) To keep the space clean and tidy and to display goods in a neat display.
(d) The Exhibitor shall not cause any undue fumes to be emitted from the space.
(e) To comply with all statutes, regulations and ordinances regarding the conduct of the Exhibitor’s business and the use of the space for that purpose including but not limited to the provisions of the Work Health and Safety Act 2011 and Regulations.
(f) To conduct the business and use the space so as to ensure that the u se and enjoyment of the property by the Owner and by other occupants of the property will not be prevented, unduly interfered with, or adversely affected.
(g) To keep the Owner indemnified against any claims or liability for damage, loss or injury whic h may occur to the property or person of the Exhibitor or to any of the persons listed in clause 3(a) for which the Owner is exempted from lia bility in accordance with clause 3(d). The Exhibitor shall also provide to the owner by 31st July 2016 a Certificate of Currency for Public Liability Insurance.
(h) On expiry or termination of this Licence, to remove any fixtures, fittings or property belonging to the Exhibitor or held at the premises before the date of termination, leaving the space clean and tidy.
(i) In the event an Exhibitor constructs their own building or structure on the space the Exhibitor agrees to remove the building or structure if they no longer enter into a subsequent Licence agreement for use of the space. All costs relating to the removal of the building or structure and returning the space to its original condition including returning top soil and re-grassing shall be paid by th e Exhibitor.
(j) Not to deface or alter the space.
5. The Owner shall have the right to sell any structure or part thereof which has been erected on the space and still remains on such space after termination of the agreement and may retain for its own use the proceeds of any such sale.
6. The Exhibitor shall not fuel tractors and machines within the said space or on land owned by the Owner except at a fuelling point provided by the Owner.
7. The Exhibitor shall cover their Public Risk Liability on the space by an appropriate insurance policy and shall produce evidence of such insurance to the Owner if requested to do so.
8. The Exhibitor shall conform with the requirements of any Act of Parliament which may govern the erection of structures, the display and/ or sale of machinery and/or other products or goods of the Exhibitor and the Regulations By-Laws and Ordinances made under such Acts.
9. A person appointed by the Owner shall have the power t o enter upon the space at any time and remove any article, sign, picture or printed matter which in his or her opinion is either not e ligible for display or may be the cause of offence and the power to require any exhibitor or any employee or agent of an exhibitor to return to their space.
10. The Exhibitor is not permitted to sell second-hand or reconditioned machinery and equipment.
11. The dropping of advertising leaflets or other material from aircraft over the site of the Field Days and the display of signs, placards or advertisements in locations, other than the space provided by this agreement is prohibited.
12. The use of amplifiers or loud speakers by the Exhibitor is prohibited.
13. The Exhibitor shall not conduct or permit to be conducted on the spa ce any competition, games or sale by auction not approved in writing by the Owner.
14. No livestock other than those provided or approved by the Owner sh all be brought onto the space.
15. No machinery, vehicles, goods or other articles displayed shall be rem oved from the space before 5.00 p.m. on the final day of Australian National Field Days.
16. The Exhibitor must keep all structures, signs, displays and products w ithin the space and the exhibitors, their employees or agents must also keep within their space. Damage to underground water or power lines c aused by not complying with this condition shall be repaired at the Exhibitor’s cost.
17. The Exhibitor has a personal right of occupation on the terms specified in this agreement and has no interest in the land on which the space is situated. The legal right to possession and control over the space remains vested in the Owner throughout the term of the licence.
18. The Owner may terminate this licence during its term by giving two (2) days’ written notice of termination at any time in any of the following circumstances:
(a) Failure to pay the occupation deposit fee prior to 31st July 2016.
(b) Breach of any covenant contained in this agreement.
(c) The death, bankruptcy, mental or physical incapacity of the Exhibitor.
(d) If the Exhibitor is a company, upon the company becoming subject to external management.
19. Refunds and Cancellation Fees- Cancelled bookings will incur charges. Cancellation charges inclusive of GST:- 60 days prior 20% of deposit, 45 – 60 days prior 50% of deposit, 30 – 45 days prior 20% of total monies paid 15 – 30 days prior 50% of total monies paid* 15 – 0 days prior 100% - No refund available* *Should the owner resell the site a fee of 20% of total monies paid shall apply. Deposit, Public Liability Insurance and Final Payment- You will be required to pay a 25% deposit or deposits on site / sites on or prior to 31st July 2016. The exhibitor shall also provide to the owner by 31st July 2016 a Current Certificate of Currency for Public Liability Insurance. Final payment is required no later than six weeks prior to Field Day commencement date – 2nd September 2016.
20. The construction and/or continued presence of any building or structure erected on the space shall be entirely at the risk of the Exhibitor who shall be responsible for the maintenance of the building and its protection from damage at all times during the year and the Exhibitor will erect fences or other structures necessary to protect the building or structure from any livestock grazing on the Field Days site. No action, claim or demand shall be made or taken against the owner for any cost whatsoever, including an action for negligence or trespass.
21. All food sold by or distributed by Exhibitors must comply with Health Regulations and permission must be granted by the owner and all relevant authorities. A minimal Local Council Food S ervice Inspection Fee will be added to site fees.
22. Any notice may be served on either party by personal delivery to that party at his current residential or business address, and by leaving it with that party personally, or with some person over the age of 18 years residing or working at that address or at the registered office if the party is a corporation.