Terms Conditions

The following terms and conditions constitute a contract between Worthy Parts Industry Link Auction & Expo Kalgoorlie TRADING AS Worthy Parts Industry Link Auction & Expo Kalgoorlie (“Organiser”) and the person or organisation or company agreeing to exhibit (“Exhibitor”) at the WORTHY PARTS INDUSTRY LINK AUCTION AND EXPO 2018 (the Expo).

1. The contract
   1. This contract replaces all previous representations and agreements between an Exhibitor and the Organiser in reference to membership, exhibition and attendance of the Worthy Parts Industry Link and the Expo.
   2. This contract allows the Organiser the following rights:
      • The floor plan is subject to change according to the events final registration number/s. The Organiser has the right to change the Exhibitors bay number at any point. The Exhibitor will be notified prior to the event of their final bay number.
      • The following terms and conditions apply to the Exhibitor from the day the contract is signed. The Exhibitor acknowledges that the terms and conditions are subject to change from time to time in accordance with the Organiser and the event requirements, and any changes to the Australian law.
      • 25% of fees are required to be paid on the day of booking and foll payment must be made within 8 weeks of booking, or where stated in agreement between the organiser and the exhibitor. All fees must be paid at least 2-weeks before the event. If the Exhibitor does not pay by the agreed time detailed in the registration form, the Organiser has the right to re allocate the Exhibitor’s bay.
      • The terms and conditions apply to Exhibitors, Advertisers, and sponsors.
      • By participating in the Expo, the Exhibitor agrees to the following contract outlaying the terms and conditions.
   3. Bookings to exhibit will close on September 1 2019 unless sold out prior.
   4. The Exhibitor agrees to staff and continually keep its stand open throughout the course of the Expo. No packing up of stands permitted prior to 6pm on Friday 25th of October. If the Exhibitor does not comply with the pack up time on Friday 25th of October, they run the risk of not being eligible to exhibit in the 2020 expo.
   5. Throughout the time period of the expo and auction – the consumption of alcohol must be in line with the Australian law and licensees put in place by liquor, gaming and licensing.
   6. By signing this agreement the Exhibitor and staff members agree to the terms and conditions of Worthy Parts and relevant advertising and marketing terms and conditions featured on www.worthyparts.com.
2. Organisers rights and responsibilities:
   1. The Organiser is responsible for
      • Organising and hosting the exhibition
      • Organising and hosting all detailed networking events and guest speaker events
      • The promotion and marketing of the events collectively in the lead up to the specified event dates and to the audience.
   2. The Organiser does not guarantee event audience numbers or any level of commercial activity but will use reasonable efforts to attract both online and offline visitors.
   3. The Organiser can cancel the event in writing to the Exhibitor before it starts. If the Organiser cancels the event, the Organiser will refund the Exhibitor within a period of 90 days of the cancellation date of the event.
   4. The Organiser may change the specifications of the event including but not limited to:
      • The change of the Exhibitors space, or location tosuit our floor plan
      • The change of date of the Expo and Auction
      • The change of duration of the event
      • The change of audience visiting hours
      • The change of the venue and location to anotherspace within the same city
   5. The Organiser has the right to ask the Exhibitor to obey the laws and regolations in relation to minimising damage, or harm in the lead up to and during the event. The Organiser will address this in writing and verbally:
      • The organiser can refuse to allow, or stop displays, product demonstrations, or other uses of your exhibition space.
      • The organiser can specify display area wall heights and coverings
      • Approve and disapprove the content and presentation of the Exhibitors promotional materials
      • The organiser can decide the times that Exhibitors set up and pack up
3. Exhibitors rights and responsibilities. The Exhibitor is not a tenant of the exhibition space and therefore cannot transfer the space to another exhibitor, share or assign your space to another Exhibitor. Exhibitors will be provided with a tent to host their bay within. Any plans or request by the Exhibitor to erect its own customised stand in the space allocated to it must be submitted to the Organiser for approval by no later than 8 weeks prior to the Expo. No custom stands can be erected without prior written approval from the Organiser. The Organiser has the right to dismiss any/all applications for personal stands to be erected. If the Exhibitor wishes to transfer or share the event space, the topic must be addressed in writing to the Organiser. The Organiser must agree to the above details. If the Organiser agrees to the Exhibitor sharing the space with a second Exhibitor, they must sign off on the terms and conditions The Exhibitor must ensure that any third party contractors engaged by the Exhibitor to erect a custom stand or alter a standard stand at the venue (upon approval by the Organiser):
   • complies with all directions and requirements of the Organiser at all times; and
   • upon demand, provides the Organiser with evidence of sufficient public liability insurance and occupational health and safety documentation; an
   • abides by the specific Terms and Conditions relating to Custom Stands, provided by the Organiser to the Exhibitor on application for a Custom Stand; an
   • commences erecting the stand at a time allocated by the Organiser
   1. The Exhibitor must;
      • Use the Exhibition space only to display and promote goods and/or services in keeping with the Exhibition
      • make the most of your Exhibition Space’s promotional and commercial opportunities and maximise its aesthetic appearance in keeping with the standard and atmosphere of the Exhibition
      • Use the meeting rooms only for the purposes of meetings amongst businesses
      • Follow the Exhibitors manual and the terms and conditions
      • Follow relevant Australian laws as well as all laws within Western Australia, meet OH&S and venue guidelines, and avoid damaging a person or property
      • Keep your Exhibition Space and Conference area clean and tidy, and immediately remove all your materials when the Expo ends. If the Exhibitor does not maintain the cleanliness of their bay, the Organiser has the right to charge the Exhibitor a fee.
      • not do anything that may interfere with the smooth running of an Expo.
      • Must have relevant tickets and licenses required to use or control any heavy plant equipment, machinery or components during the bump in and bump out time and throughout the expo. Ensuring staff members have the correct tickets is at the control of the Exhibitor.
4. Auction: The auction itself and all participators need to comply with the terms and conditions of Ross’s Auctioneers.
5. Exhibition price and payment
   1. Exhibitors must pay 25% of the total fee on the day of booking their stall in line with these terms and conditions. The remainder must be paid within 8 weeks from booking, or at thel attest 2 weeks from the event. On confirmation of the Booking, the Organiser will issue an invoice to the Exhibitor for the Booking (the “Fee”). If the Exhibitor fails to make foll payment of the Fee within 7 days of the due date on the invoice, the Organiser reserves the right to make the stand space available to other exhibitors. The Exhibitor will not occupy stand space at the Expo until all monies owing to Organiser have been folly paid.
   2. An Exhibitor may cancel its Booking and receive a refund of 40% of the Fee paid subject to providing written notice of the cancellation to the Organiser by no later than September 1 2019. No refunds will be provided for cancellations after September 1September 2018.
   3. Exhibitors must understand that 40% of the value of the Contract is non-refundable and covers an administration fee.
   4. In addition to the administration fee, the Organiser can cancel the Contract if an Exhibitor breaches, or if the Exhibitor cancels the Contract, the Exhibitor is liable to pay the Organiser a cancellation fee in line with Clause 5.3.
   5. Unless we specify otherwise, the Exhibitor will have to pay us other costs, as well as the Exhibitor’s fee, for:
      • Services and connections including but not limited to electricity, water, gas, waste, compressed air, Internet access, and telephone
      • Loading and handling equipment, and staff
      • Duties and taxes including GST
      • Advertising and promotional material
      • Insurance
   6. Under the Payment Systems (Regolation) Act 1998 and the Payment Systems (Regolation) Regolations 2003 the Organiser may charge the Exhibitor a fee if the Exhibitor pays by credit card.
6. Contract breach
   1. If the Exhibitor breaches the Contract, the Organiser will provide the Exhibitor with a notice of the breach and give the Exhibitor a reasonable time to remedy it. If the Exhibitor fails to remedy the breach within this time, the Organiser has the right to:
      • Reallocate the Exhibition Space or refuse the Exhibitor to access to it
      • Remedy your breach without advising the Exhibitor and require the Exhibitor to pay for the cost of the Organiser’s actions
      • Assert and maintain a lien over the Exhibitors goods and materials. This means that we will hold these until the Exhibitor pays the money they owe to the Organiser, or otherwise remedy the breach
      • Cancel all or part of the Contract without further notice to the Exhibitor
      • Remove the Exhibitor from their Exhibition Space and the Event.
   2. If the exhibitor does not pay the instalment fees by the due date, the Organiser will charge a late payment fee of 2.5% each month compounding on all outstanding money. Until the Exhibitor has paid the fees in foll, the Organiser will not permit the Exhibitor to set up their Exhibition Space or participate in the Event.
   3. If the Exhibitor cancels all or part of the Contract (except if the Exhibitor is forced to cancel because of a breach), we will claim a cancellation fee from the Exhibitor and revoke the applicable discounts granted in the Contract.
      • Cancellation Policy: Upon confirmation of a booking by an Exhibitor, by way of completion of the ‘Exhibitor Registration Details Form’, agreement is made to pay the foll amount as noted on the form and invoiced on agreed payment terms. Nonpayment of the agreed fee will resolt in debt action taking place to recover amounts owing. Cancellation by an Exhibitor after 5pm AWST September 1 2019, will resolt in a 70% cancellation fee, with 30% of the remaining fee to be refunded to the Exhibitor to an agreed nominated account by electronic funds transfer only within 14 days of cancellation.
7. Exhibitor Risk and Insurance cover
   1. The Exhibitor agrees that the Expo site and Auction site can be hazardous. Exhibitor will take due care to prevent injury and property damage. The Organiser is not responsible for any loss, or damage of goods during event.
   2. The Exhibitor must have public liability insurance and must present this to the Organiser at the completion of their registration pack and at the signing of the terms and conditions contract. If the Exhibitor applies to share a exhibition space, the second Exhibitor inhabiting the space will need to provide their company’s public liability forms We will charge you a separate public liability insurance fee for each Co- exhibitor.
8. Exhibitor Warranties and Liabilities
   1. As allowed by law, or except where this Contract states, the Organiser:
      • does not make any representations or warranties about you or the Exhibition Space
      • Is not liable for any person’s injury or death, property damage, economic loss, or any indirect, special or consequential damages to do with the Event
      • Exclude all conditions and warranties implied by custom, general law or statute
      • Limit the liability under any implied condition or warranty, at the Organiser’s option, to re-supply an affected service or pay for it to be re-supplied.
   2. The Exhibitor indemnifies the Organiser from and against any claims, damages, losses and costs the Organiser may incur because of:
      • any breach of the Contract that the Exhibitor makes
      • any of the Exhibitor’s displays or product demonstrations
      • any of the exhibitors acts or omissions to do with the Event, including any negligence and wrongdoings.
   3. Except where the law otherwise requires, in a claim for damages by one party against another, including a third party claim, the recoverable damages claim must reflect just and equitable responsibility for the damage.
   4. The Exhibitor agrees not to sell or intend to sell goods at the Expo that misrepresent or infringe intellectual property rights. The Exhibitor indemnifies the Organiser from and against any and all claims, damages, losses and costs the Organiser may incur if you breach this agreement.
9. Advertising: In conjunction to this contract, Exhibitors must obey the Worthy Parts terms and conditions particolarly in reference to advertising on the Worthy Parts advertising platforms.
10. General issues:
    1. The Organiser is not liable for any expenditure, liability or loss, including consequential loss, nor will the Organiser be in defaolt for any delay, failure or interruption because of:
       • Acts of God, civil or military authority, public enemy, or terrorism.
       • Epidemics, war, accidents, fires, explosions, earthquakes, floods, the elements
       • strikes, labour disputes, shortages
       • Failure of electrical power, lifts, transportation, postage, air conditioning
       • The availability of appropriate premises
       • Insufficient exhibitor numbers
       • Visitor non-attendance
       • Any prevailing commercial circumstances or causes beyond our control
    2. This contract remains valid after the Expo ends to cover:
       • Exhibitor rights and responsibilities
       • Price and payment
       • Organiser’s remedies
       • Risk and insurance cover
       • Warranties and liabilities
    3. WA laws and the jurisdiction of WA courts govern this Contract.
    4. The exhibitor and team of the exhibitors agree to give us their consent under privacy laws to use their personal information for internal purposes, including accounts processing, exhibitor analyses, Event invitations and to give to our Event contractors and media partners.