DELTA SPORT LTD (PTY)

REG: 2023/811104/07

8 Sandy Lane, Kloof, 3610

VAT No: 4290314881

2024 Exhibition Contract – Great Outdoors Expo – Durban Exhibition Centre

Standard Conditions of Exhibition Contract

31st August & 1st September

The following STANDARD CONDITIONS apply to this EXHIBITION CONTRACT and the signatory who signs on behalf of the EXHIBITOR acknowledges that he/she is authorised to do so and has read and understands the STANDARD CONDITIONS.

1. Definitions

In these STANDARD CONDITIONS of Contract, the words set out below have the meanings ascribed to them:

  • “EXHIBITION CONTRACT” – the EXHIBITION CONTRACT signed by the parties to which these STANDARD CONDITIONS are annexed.
  • “AREA” – the exhibition AREA allocated to the EXHIBITOR as stated in the EXHIBITION CONTRACT.
  • “CONTRACT FEE” – the contract fee based on the AREA and for the package as set out in the EXHIBITION CONTRACT.
  • “EXHIBIT” – the EXHIBITOR’s AREA the shell constructed thereon and all fixtures and fittings furniture advertisements and signs and any other property within the AREA.
  • “EXHIBITION” – the exhibition referred to on the EXHIBITION CONTRACT. 

  • “GOODS” – shall include products, services, concepts and intellectual property of every description. 

  • PREMISES– the land on which, and in which buildings the EXHIBITION takes place.

  • VENUE” – the venue at which the EXHIBITION is held.

2. Payment by the Exhibitor

100% Payment will need to be paid by the Exhibitor to secure their site for the Expo. This needs to be paid when booking unless otherwise arranged. 

2.1 The EXHIBITOR shall pay to Delta Sport LTD (PTY) .

2.2 All payments shall be made to Delta Sport LTD (PTY) . directly and in South Africa currency. 

2.3 Direct bank deposits must be done into the Bank account stipulated on the invoice provided by Delta Sport LTD (PTY) . A copy of the deposit slip with the EXHIBITING COMPANY NAME stated clearly must be emailed to: mzammo@bactive.com before such payment will be acknowledged. 

2.4 Delta Sport LTD (PTY) reserves the right to adjust the specified AREA and/or relocate the AREA to a different position on the floorplan, or cancel the CONTRACT in its entirety, in the event that the EXHIBITOR fails to meet the specified payment terms as stipulated in clause 2.1. Stands cannot be held without payment, they are allocated on a first come first serve basis. 

3. Venue Area and Construction of the Exhibit

3.1 Should Delta Sport LTD (PTY) consider this necessary, it may reasonably reduce or increase the AREA or change the VENUE of the  EXHIBITION or the position of the AREA allotted to any EXHIBITOR, as may be necessary.  The Venue is defined as” Durban Exhibition Centre / ICC” 

4. Rights and Obligations of the Exhibitor

4.1 The EXHIBITOR hires the AREA for the period stipulated in the CONTRACT and shall keep the EXHIBIT open and staffed during the official open hours of the EXHIBITION throughout the period of the EXHIBITION. 

4.2 The EXHIBITOR shall maintain the EXHIBIT in good order and in a tidy condition during the EXHIBITION and shall not remove the EXHIBIT or any substantial part of it before the conclusion of the EXHIBITION. 

4.3 The EXHIBITOR shall not damage the Tar, Paint, Grass, Trees, fencing, shell package, ie. floor, carpets, walls, ceiling, roof, lights or any part of the structure or the PREMISES. The EXHIBITOR shall be liable for any damage caused thereto (whether by the EXHIBITOR or otherwise) and hereby indemnifies Delta Sport LTD (PTY)  against any losses or claims which may be made as a result of such damage. The EXHIBITOR shall not interfere with or connect any electrical, gas, steam, water or other fittings. 

4.4 The EXHIBITOR shall not have, or permit explosives, naked lights or flames or articles or components which are considered dangerous, undesirable or inflammable on the EXHIBIT, without the prior permission of Delta Sport LTD (PTY), Delta Sport LTD (PTY)  may remove and confiscate such items without compensation if the EXHIBITOR does not do so on demand. 

4.5 During the EXHIBITION, the EXHIBITOR may distribute printed matter only from its own EXHIBIT and shall not sell, give or distribute or permit to be sold, given or distributed, any food, beverage or alcohol without the prior written consent. 

4.6 The EXHIBITOR shall at all times comply with all laws, regulations, the provisions of the CONTRACT and Delta Sport LTD (PTY)  Exhibitor Manual for the EXHIBITION. The EXHIBITOR shall be responsible for the acts, omissions and conduct of its employees, agents, contractors, sub-contractors, representatives, invitees and visitors. 

4.7 The EXHIBITOR hereby indemnifies Delta Sport LTD (PTY)  against any claims which may be brought against Delta Sport LTD (PTY)  (and costs incurred by Delta Sport LTD (PTY)  in connection therewith) as a result of the EXHIBITOR’s fault (act or omission), as a result of the EXHIBITOR’s infringement of any laws, regulations, the CONTRACT, any copyright, trademark, patent or other third party rights or arising out of any happening or omission for which the EXHIBITOR has accepted responsibility or liability. 

5. EXCLUSIVE USE OF EXHIBIT BY THE EXHIBITOR

5.1 The AREA is allocated exclusively to the EXHIBITOR and the EXHIBIT may accordingly be used only by the EXHIBITOR and only for the exhibition and promotion of its own products and services as referred to in the APPLICATION TO EXHIBIT. The EXHIBITOR may not, without the prior consent exhibit or promote any other products or permit anyone else to exhibit or promote products at or make use of the EXHIBIT or in any way cede, assign or transfer to anyone else its rights and/or obligations under the CONTRACT or any part thereof. 

6. RIGHTS AND OBLIGATIONS OF Delta Sport LTD (PTY)

6.1 Delta Sport LTD (PTY) may vary the date of the EXHIBITION if it considers this to be necessary provided that the revised date occurs after the date originally fixed for the EXHIBITION and notice of the change is given to the EXHIBITOR at least 1 months prior to the original date. Such change shall not entitle the EXHIBITOR to claim damages or a reduction in the CONTRACT fee. 

6.2 Delta Sport LTD (PTY) shall have the sole right of compiling and issuing EXHIBITION catalogues, lists of EXHIBITORS and EXHIBITS and issuing invitations and tickets of admission to the EXHIBITION. Delta Sport LTD (PTY) shall not be liable for any omissions or errors in any of the foregoing. 

6.3 Delta Sport LTD (PTY) shall have the right to enter the EXHIBIT at any time to examine the EXHIBIT, effect repairs or attend to anything else provided for in the CONTRACT.

6.4 Delta Sport LTD (Pty) shall have full media ownership rights for the GO Expo. Delta Sport is entitled to produce and use video and  imagery content from the Expo and utilise for further promotion of the Expo. Delta Sport owns the rights all digital content and  imagery taken by itself or an appointed service provider or supplier from the Expo.  

7. RISK AND INSURANCES 

7.1 Delta Sport LTD (PTY) shall obtain public liability insurance at its own cost in regard to the EXHIBITION as it deems necessary to cover claims for which it is responsible. The EXHIBITOR shall obtain its own public liability insurance at its own cost. 

7.2 Delta Sport LTD (PTY)  shall not be responsible to the EXHIBITOR or its servants or agents or employees or invitees or any other person for any loss or damage caused by or resulting from fire, natural perils, accident, theft, the conduct or omission (deliberate or otherwise) of any person or any other cause including, but not limited to, the fact that the PREMISES, EXHIBITS or erections at the EXHIBITION are in a state of disrepair or are dangerous whether or not such loss or damage arises from the negligence of Delta Sport LTD (PTY)  , its employees, agents, representatives or contractor. 

7.3 The EXHIBITOR hereby indemnifies Delta Sport LTD (PTY)  against all and any claims, demands, costs, charges or expenses arising or resulting from any act, omission or negligence by the EXHIBITOR or any servant or agent or invitee of the EXHIBITOR or any person acting under the directions of the EXHIBITOR, notwithstanding that such action, claim, demand, cost, charges or expenses may have been occasioned in whole or part by the fault or neglect of Delta Sport LTD (PTY)  or its employees or agents, or by any buildings or erections upon the EXHIBITION AREA being or falling into a defective state of repair. 

7.4 Anything brought to the EXHIBITION by the EXHIBITOR shall be at the EXHIBITOR’s sole risk. 

7.5 The EXHIBITOR shall make all arrangements at its own cost as it considers necessary or advisable for insurance or additional insurance against all risks assumed by it or imposed upon it by the above provisions. 

7.6 The EXHIBITOR shall not without the prior written consent of Delta Sport LTD (PTY) store or permit the storage of any article upon the PREMISES which may result in the premiums in respect of any insurance relating to the EXHIBITION being increased. 

7.7 The EXHIBITOR shall not permit anything to be done which may result in any insurance policy held by Delta Sport LTD (PTY) for the time being in respect of the EXHIBITION being rendered void or voidable. 

8. VIS MAJOR

8.1 Delta Sport LTD (PTY) shall make every effort to ensure that the EXHIBITION takes place as scheduled in the determined VENUE and that its contractors properly and efficiently carry out their obligations and provide the facilities contracted for herein.  If, due to circumstances beyond Delta Sport LTD (PTY)  ’s control, the EXHIBITION or any EXHIBITION day is cancelled, postponed or delayed or Delta Sport LTD (PTY)  , its contractors and/or agents are unable to perform any obligations in terms of the CONTRACT, whether timeously or otherwise, or the EXHIBITOR is inconvenienced or there is any interruption or hindrance to the entry or movement of visitors or supplies, the EXHIBITOR shall not be entitled to cancel the CONTRACT and shall have no claim of any nature against Delta Sport LTD (PTY) , whether for damages, consequential damages, a remission or repayment of the EXHIBITOR in terms hereof in respect of any loss or damage sustained. 

9. BREACH AND CANCELLATION

9.1 In the event that the EXHIBITOR commits an act of insolvency or is declared insolvent, provisionally or finally, or is guilty by act or omission of any breach of CONTRACT which Delta Sport LTD (PTY)  in its sole discretion considers material including, but not limited to, the failure to effect any payment due by the EXHIBITOR timeously, Delta Sport LTD (PTY)  shall be entitled, notwithstanding that other remedies are provided for in the CONTRACT and without prejudice to any other claims which it may have including the right to claim damages: 

  • to forthwith claim payment from the EXHIBITOR of all amounts due by the EXHIBITOR in terms of the CONTRACT whether or not some or all of such amounts have already fallen due for payment together with interest thereon as provided for herein; 
  • to cancel the CONTRACT without further notice. If such cancellation occurs at a time when the EXHIBITOR has taken occupation of the EXHIBIT, Delta Sport LTD (PTY) may require the EXHIBITOR to leave and vacate the EXHIBIT forthwith; to enforce its hypothec over the assets of the EXHIBITOR on the EXHIBIT and to attach and/or remove the same as security for the EXHIBITOR’s obligations, notwithstanding 4.4

9.2 The existence of any specific remedy provided for herein shall not detract from the right of Delta Sport LTD (PTY) to exercise any of its abovementioned rights or to claim damages.

9.3 Should the EXHIBITOR cancel the CONTRACT and its participation in the EXHIBITION, the EXHIBITOR shall be liable Delta Sport LTD (PTY) for an amount of 30% of the CONTRACT FEE in the event that written notice of termination reaches Delta Sport LTD (PTY) 120 days or more prior to the EXHIBITION date. If the cancellation occurs at any time thereafter the EXHIBITOR shall remain liable for the full CONTRACT FEE and all other amounts for which the EXHIBITOR is liable in terms of the CONTRACT. 

9.4 If Delta Sport LTD (PTY) cancels the EXHIBITION, or cancels the CONTRACT for reasons other than breach by the EXHIBITOR, COVID-19 or other Natural Disaster or Pandemic, it shall refund to the EXHIBITOR 50% of amounts paid by the EXHIBITOR in terms of the CONTRACT, net of a pro rata share of expenses incurred by it in regard to the EXHIBITION. 

10. GENERAL

10.1 The CONTRACT represents and contains the entire agreement between the parties who record that there are no collateral agreements or undertakings which refer to or affect the CONTRACT in any way. No stipulations, warranties or representations of any nature shall be of any force or effect except as specifically recorded herein. 

10.2 Unless reduced to writing and signed by the parties, none of the following shall have or be of any force or effect: 

  • Any alteration, variation or addition to or deletion from the CONTRACT; 
  • Any waiver, release, deferment or abandonment of any provision, right or obligation. 

10.3 Where the CONTRACT provides that any of the parties may consent to any matter, such party shall not withhold its consent unreasonably. Any such consent shall be valid only if recorded in writing and signed by the party giving such consent. Any consent by Delta Sport LTD (PTY) may be withdrawn forthwith if given in incomplete or inaccurate information provided by the EXHIBITOR or on reason.

10.4 In the event that Delta Sport LTD (PTY) varies any right or allocation to the EXHIBITOR in accordance with the provisions of the CONTRACT, the EXHIBITOR shall not be entitled in turn to claim cancellation of the CONTRACT, damages or a reduction in the CONTRACT FEE or any other amount payable by it, except as specifically provided in the CONTRACT. 

10.5 Delta Sport LTD (PTY) shall not under any circumstances be liable for consequential damages. 

10.6 The addresses of the parties as set out on the APPLICATION TO EXHIBIT shall constitute their respective domicilia citandi et executandi and all notices of the parties respectively shall be validly given if addressed to their respective addresses. The parties consent to the jurisdiction of the Magistrates’ Court in terms of Section 45 of the Magistrates’ Court Act, as amended, but shall not be obliged to proceed in that court. The EXHIBITOR shall be liable for any attorney and client legal costs incurred by Delta Sport LTD (PTY)  including collection charges if Delta Sport LTD (PTY)  instructs its attorneys to render legal services to enforce Delta Sport LTD (PTY)  ’s rights under this CONTRACT whether legal proceedings are instituted or not. 

10.7 The construction, interpretation validity and enforcement of the CONTRACT shall be governed by the laws of the Republic of South Africa. 

I, the undersigned, being duly authorised, acknowledge that I have received, read and understand the STANDARD CONDITIONS of this EXHIBITION CONTRACT and sign below in acknowledgement and acceptance of the terms of this EXPO.