TERMS OF BUSINESS

Creation Exhibitions Terms of Supply

‘Creation’, ‘us’, ‘ we’ refers to Creation Exhibitions Limited (The supplier)

Customer’, ‘you’, ‘your’ refers to the company that agrees this contract by way of PO or accepting invoice the receiver of the goods/services.

‘Project’, ‘project elements’ ‘stand’, ‘stand elements’, ‘modular stand’, bespoke stand’, ‘custom stand’, ‘exhibition stand’ or any other term relating to materials we provide refers to the goods/services you have agreed to contract us with.

The terms set out below are in conjunction to the latest quote and design (if applicable) confirmed by the customer by way of written confirmation and/or Purchase Order.

1. Delivery Date and Terms

1a) The delivery date of the project is in line with the exhibition show dates or delivery date of an interior installation, activation or other installation we provide. We do our upmost to deliver every project on schedule, but in the unlikely event of any missing goods, the customer will be entitled to a refund for the missing items. Alternatively, Creation Exhibitions can seek to rectify any missing items providing the customer agrees to this. We always seek to resolve any unlikely issues in line with your satisfaction and desired outcome. If it is not explicitly stated within the quotation the value of the missing items, or the value of any element not to the expected standard, you accept that we provide the given value of any missing item. 1b) The sign off and payment date for a UK show is 30 working days before the 1st day of build and 50 working days before the 1st day of build for a show in Europe or the rest of the world. If you confirm and/or pay for your project after this date, we reserve the right to add a minimum additional 10% surcharge to cover overtime and order surcharges. The surcharge could be more than this, but we will not add a surcharge without informing you first. If we confirm in writing of additional surcharges, and you don’t accpet these in writing, it will be deemed that you accept them if you occupy the project. 1c) If you miss the above sign-off and/or payment dates, we cannot guarantee the specification, quality, quantity and/or delivery schedule as compromises may have to be made. In the event of a late sign-off or payment, you absolve us of any responsibility for anything that is not as expected, missing, fit for purpose or as per quotation or drawing specification. 1d) The delivery date in regards to delivering the specification, quality, quantity and/or delivery schedule are 30 working days for shows in the UK and 50 working days for a show in Europe of the rest of the world. If there is a sign off date on your quotation that is within the 30 working day window for a UK show, or within the 50 working day window for a show in Europe or the rest of the world, this is an indication of when the confirmation we need to take on the project is required and usually occurs if your enquiry came to us late. It does not sacrifice the above points in (1c).

2. Service and Good Specification & Quality

Our quotation sets out an overview of the elements provided within our design visuals but are not exhaustive. A detailed specification of the elements provided are produced within a technical CAD drawing, which will be supplied to the customer for approval prior to production. This will form the material specification for the finishes and materials to be used. If you provide the design and/or technical CAD drawing, this will be an indication of the material specification for the finishes and materials to be used, and we cannot guarantee suitability or availability of that specification. In all projects, Creation reserves the right to use alternative design, materials, fixtures, fittings, finishings and fixings should; a more appropriate solution become available, any elements are out of stock, or if any method, design, material, element, fixture, fitting, fixings or finishings becomes unfeasible as a result of timing, availability or any other reason that prevails, and we do so at our discretion. We will always do our upmost to ensure they will be fit for purpose and as similar to the existing finish as possible. if an item is not to what we deem to be satisfactory quality, we will offer compensation at our discretion and you agree that we will not be liable for any consequential loss.

3. Handover of Project & Acceptance

The project will be handed over before the show opening. A ‘walk-around’ will be carried out by a Creation representative to explain all elements of the stand and to carry out any snagging. It is at this point; any final alterations or touch-ups are to be identified and addressed to an acceptable standard. In the unlikely event of any element not been of an acceptable standard of finish and cannot be rectified, a refund, credit note, or resolution will be offered to the customer. It is the responsibility of the client to ensure they are present for the handover to highlight any areas as we may not be able to provide a resolution or settlement if any issues are not presented to us whilst we are onsite. If a client representative is not onsite when we finish installation, the stand will be considered finished and accepted to a satisfactory standard.

All goods and services are to be of satisfactory quality and fit for purpose, to comply with all laws, to be provided/completed by competent and/or qualified personnel with the necessary skills to provide the services/goods. At the point of handover, if you believe anything is not satisfactory, any issues should be made in writing, but not without verbal notification onsite to the project/account manager. Creation cannot be held responsible for any issues arriving from 3rd party eventualities, e.g. a member of public causing damage to the exhibition stand, unless the exhibition stand wasn’t fit for purpose in the first instance. In any such event, we will still endeavour to assist with any remedial action if possible.

Assuming a satisfactory handover of the project/ exhibition stand/s, it is assumed that the customer has accepted the goods/services and any remaining balance is payable. Any rejection of unsatisfactory elements should be made in writing to the project/account manager at the time of stand handover, otherwise it will be assumed that the customer has accepted the goods/services. If you are not present for the handover, or it is not clear to you if a handover has taken place, by occupying the goods/services we provide, you confirm a handover has taken place.

If any issues arise during the show, these must be reported during the show, and we be provided an opportunity to rectify them for you. Failure to do so acknowledges that we will not be held liable for them after the event.

4. Canellation 

Should the customer wish to cancel the contract at any time, Creation cannot guarantee a full refund if the project has already commenced. If a customer decides to withdraw from a project once the contract has commenced, a partial refund will be offered by Creation, this will be calculated by Creation and the refund will be in respect of any costs not incurred.

If a material breach of contract is made by Creation that is not remedied, the customer reserves the right to cancel the remainder of the contract and receive a refund calculated by Creation for any incomplete work and future incomplete projects. Notwithstanding the foregoing, if Creation is held liable for any breach, its liability shall not exceed the total contract value. Creation will not be liable for consequential losses.

If the event is to cancel in unexpected circumstances, or we are prevented from fulfilling the contract due to unexpected circumstances, Creation remain the right to offer to install and dismantle the stand again at the postponed or future date of the event. There may be an uplift to the future installation, for example for non-refundable site logistics (flights, hotels etc) that have already incurred, a cost effecting change in location, increase in site logistics, or other cost effecting elements. This will depend on the proximity of the event and be at the discretion of Creation. Creation will provide an update of any cost changes that may incur and seek your approval before going ahead.

5. Insurance

Insurance for the exhibition stand/project installation and all elements provided by Creation, as well as public liability insurance for the installation and dismantle is provided by Creation.

If we are transporting any of your property (e.g. brochures, giveaways etc) all goods must be insured by the customer. It is recommended that any items sent to us are well wrapped and protected. Whilst all care is taken, we cannot accept liability for any lost or damaged items. Where any work/service is subcontracted, the responsibility of the insurance and liability becomes the responsibility of the subcontractor for the subcontracted element.

Our liability for losses suffered by you arising under or in connection with the provision of our services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise (including our liability for the acts or omissions of our senior management, employees and any appointed representatives shall be limited in all circumstances to £150,000.00 per claim.  Any claim or series of claims arising from one act, error, omission, incident or original cause shall be considered to be one claim.  We shall not be liable to you for any loss of profit or loss of business whether directly or indirectly occurring and which arises out of or in connection with the provision of our services.

6. Stand Ownership

At the end of the project, manufactured elements of the exhibition stand that is not ‘one-use’ become the property of the customer subject to receipt of full payment on time. The customer may choose to take physical ownership, continue to store with Creation, or to dispose of the goods.

We will send you an invoice for storage of your stand after your event. If you do not pay this storage cost within 30 days your stand elements will be disposed at a charge of the below disposal charge, plus 1 month storage. Monthly storage costs are: modular stands: £30p/m, bespoke stands below 50sqm £150p/m, bespoke stands 51-100sqm £200p/m. 100sqm+ minimum £300 or higher if advised. Storage is billed on a minimum 12 months basis. Speak to your account manager if you are ensure which bracket your stand falls within if this is unclear. Some elements of an exhibition stand (stock walls, raised floors, electrics, lighting AV etc) are often provided on a hire basis. These do not usually incur a storage charge. By engaging with our services, you agree to the above storage policy or agree with our disposal costs of your project. Costs of disposal of your elements: modular stands £450, bespoke projects: £950 + £25 p/sqm. Some elements of an exhibition stand (stock walls, raised floors, electrics, lighting AV etc) are often provided on a hire basis. These do not usually incur a storage charge. You accept that you will be charged for disposal irrespective of whether you inform us of whether you want to store or dispose of your project elements.

7. Communication and Variation from the Contract

The costs in the quotation are fixed (unless otherwise stated). Any variation from these costs or contract must be agreed in writing with the Customer. Any request from the Customer for cost effecting changes should also be made in writing. Where possible, we will always ensure we have written confirmation from you the customer for any variation you request. In some case, such as when we are onsite, this is not always possible. We reserve the right to bill for any additional alterations or extras outside the initial agreement you receive for the project upon us providing proof or details of the cost incurred.

8. Governing Law

The governing law of the contract is English law with English courts having exclusive jurisdiction over any disputes under it.

9. Payment Schedule

A 75% payment is due upon order before we can commence work and no later than 5 working days after the invoice date. If payment is received late, we reserve the right that any element of the service/goods/delivery may be affected which maybe in respect of, but not limited to; quality, availability, quantity or delivery time. A 25% balance payment is due upon handover. For projects below an order value of £10,000 + VAT, or for companies registered overseas, 100% payment is due upon order. For projects we deliver overseas, we have not allowed for any applicable fees for import, export, excise or duty as well as customs charges & handling. Whilst we allow for all foreseeable costs, occasionally in certain countries of operations some of these fee’s are applicable and will be payable by the client.

10. Graphics

Our graphics cost does not include the design of the digital artwork. Any graphics in our visuals are indicative. Digital print-ready artwork files are required 4 weeks before the site install date. We can provide artwork if required at £95 per hour + VAT. Any suspensions points required from the venue are not quoted at this point. If we do not receive print-ready artwork in the correct format or by the 4 week deadline, we cannot guarantee the accuracy, quality or delivery time.

11. Furniture

Furniture visualised and quoted for is not always available upon receipt of your confirmation of order. We will always try to provide a solution that looks similar if the original furniture is unavailable. Delays between confirming your order and receiving an initial payment for the project may also have an impact on available furniture.

Any furniture included in our quotes, unless otherwise stated, should be assumed it is on hire. We rarely have control on the selection of hire furniture suppliers for any given exhibition and cannot control the quality supplied. We will try to resolve any issues you incur with the furniture but do not accept responsibility or liability. Hire furniture is ‘used’ and is not expected to be in brand new condition. Occasionally, there will be chips, marks, dents or other imperfections.

12. Stand Design

All designs produced by us remain our copyright and must not be shared without prior consent. Upon completion of build, copyright of the design becomes the property of the client. Where an exhibition organiser is charging for submission of their stand design for approval, this cost will be passed onto the customer and we have not included it within our quotation. Venue services such as power from the venue, drop wires/rigging, internet supply, water & waste and any other external element is not included unless otherwise stated.

Our CAD/line working drawings are indicative and are for layout and manufacturing purpose only. The responsibility for the structure to ensure it is safe and to standard remains with the person in charge of manufacturing and right is reserved for any variances to the line drawing to ensure a safe and suitable construction method. Where any work/service that is subcontracted, the responsibility of that work becomes the responsibility of the subcontractor and will be responsible for any losses incurred as a result of a failure of their business practices or product.

13. Force Majeure

We are not responsible for any failure to perform our obligations under this contract, if it is prevented or delayed in performing those obligations by an event of force majeure. Where there is an event of force majeure, if we are prevented from or delayed in performing our obligations under this contract we will notify the client providing the details of the force and will attempt to mitigate the effect of the event of force majeure where possible. If we cannot fulfil the contract, we may offer a refund for any costs we calculate that have not yet been incurred. Alternatively, we may offer to fulfil the contract at a future event, and will advise of any cost uplifts that would be incurred to do so. If you have an outstanding balance to pay for the contract, this will still be payable if it exceeds any refund amount due to you.

14. Other Correspondance

Any correspondence you have received from our business, colleagues, contractors, or any other connection in relation to the services we provide do not take precedent over any points in the above terms of supply. Any correspondence you have received is considered advice or guidance, and if that contradicts any part of these terms of supply, it is invalid, and these terms take precedent. If there is any advice or guidance that you have received that contradicts any part of these terms, you can contact us to discuss any element that you would like us to include in these terms. Otherwise, by proceeding to work with us you agree by the above terms. Even if you haven’t paid any part of a balance due, you agree to these terms by contracting us to work with you, whether that is by written confirmation of a project, a purchase order or other formal order acknowledgement.