Tex-Trends India Fair : Rules & Regulation

Upon the Exhibiting Company’s (“Exhibitor”) execution, this Agreement becomes a binding contract between Apparel Export Promotion Council henceforth referred as ‘AEPC’ and the Exhibitor subject to the parties, respective rights described in the terms and conditions set forth below.No Exhibitor has accepted this agreement, un less he /she has paid all applicable fees and deposits by the deadlines set forth on this agreement and otherwise complied with this agreement in all respects.
The execution of this agreement and the timely payment of all fees and deposits do not guarantee that an Exhibitor will be permitted to exhibit at the show or be assigned to a particular exhibit hall, section within the show or exhibit hall, or the space or number of booths desired by the Exhibitor or assigned by AEPC. AEPC reserves the right to select those Exhibitors who will be permitted to exhibit at the show, and the exhibit hall, area and number of booths in which the Exhibitor will be allowed to exhibit, in its sole and absolute discretion.
AEPC retains the absolute right to cancel, change or modify the exhibit space assigned of any Exhibitor, in its sole and absolute discretion, for any or no reason, with or without cause by mailing the Exhibitor a written “Notice of Cancellation or Change of Exhibit Space Assignment” provided such notice is postmarked at least ten (10) days before the applicable “Tex-Trends India 2012” show. Exhibitor also recognizes and understands that circumstances may arise immediately prior to or during the “Tex-Trends India -2012” show that may also make it necessary for AEPC to change or cancel an Exhibitor’s space, or make the exhibit space available to the Exhibitor for fewer days and/or fewer hours than had previously been confirmed.
Use of Fees and Deposit. Exhibitor expressly acknowledge that AEPC reserves the right to apply any fees and deposit amounts paid pursuant to this Agreement (i) to remedy and default of Exhibitor under this Agreement including payment of required insurance (ii)to remedy any default of Exhibitor from any previous agreement(s); (iii) for payment of any cheques returned for Insufficient funds (including any bank fees related to the Insufficient funds); and (iv) to pay any onsite violations of the Exhibitor. Exhibitor agrees to pay to “Tex-Trends India 2012” the amount offset against a Past Due Amount. Exhibitor agrees to pay to AEPC the amount offset against a Past Due Amount within ten (10) days of the date of “Tex-Trends India 2012” notice or, if the deadline for the applicable payment is more than ten (10 days from the date of the notice, by the applicable deadline. If the Exhibitor fails to pay the offset amount within the required period the Exhibitor shall be considered to be in default of its payment obligations under this agreement and AEPC shall have the right to cancel or change the Exhibitor’s space assignment and exercise its other rights under the agreement.
AEPC reserves the right to change, increase or decrease Show hours, days or location. Notwithstanding anything to the contrary in the Exhibitor Agreement, the Exhibitor acknowledges and agrees that if Show Management elects to change, increase, or decrease Show hours, days or location, Exhibitor shall not be entitled to any expressly disclaims any right or claim to the return of any portion of any Show fees or deposits paid or payable by the Exhibitor to the Show Management.
Should the premises, or any portion thereof, be rendered unusable for any reason or due to any cause whatsoever, including but not limited to fire, the elements, acts of God, mob, riot, or civil commotion, AEPC shall in no way be liable for any personal or business loss or any other damage, consequential or otherwise, inconvenience or annoyance to the Exhibitor arising from any of said causes.
AEPC makes no representations or warranties, express or implied, to the Exhibitor regarding the condition of the premises or the success of the Exhibitor’s efforts for which the exhibit space will be used. Under no circumstances shall AEPC be held responsible or liable for any costs, expenses, damages or any other sums whatsoever incurred by the Exhibitor or any other party as a result of the condition of the premises, the exhibit space, or the Exhibitor’s efforts for which the exhibit space will be used or the theft or destruction of the Exhibitor’s products or property.
Exhibitor understands and acknowledges that all utilities including, but not limited to, electrical, water, heating, ventilation, and air conditioning are provided by the show facility and not by AEPC, and as such, AEPC assumed no responsibility for any disruption in service.
Exhibitor acknowledges and agrees that should (a) AEPC issue a notice of Cancellation of Change or (b) change or cancel an Exhibitor’s space or make exhibit space available for fewer days than had previously been confirmed, AEPC shall not be held responsible or liable for any costs, expenses, damages or any other sums whatsoever incurred by the Exhibitor or any other party as a result of any exhibit space cancellation, change or reduction in number of available days except as specifically set forth in this paragraph. The Exhibitor expressly acknowledges and agrees that AEPC’s liability to the Exhibitor in any way relating to the Agreement and/or the use, cancellation, change or reduction in the number of available days of exhibit space shall be limited to the return to the Exhibitor of all or a prorated portion of any fees or deposits previously remitted to AEPC.
Exhibit Space Rules. AEPC shall have the right in its sole and absolute discretion to establish rules for the show and the use of exhibit space covered by this Agreement, including but not limited to the rules within the Exhibitor Manual. All Exhibitors are required to comply with all such rules which are deemed incorporated herein by this reference and shall be available to each Exhibitor prior to the show.
Any Exhibitor who seeks to withdraw from the show, for any reason, shall be charged an automatic Administration fee of 10% of the total participation charges of stall. Withdrawals must be made in writing and shall be deemed effective on the date such notice is received by Apparel Export Promotion Council. To receive a full refund of the booth deposit or other fees paid (less administration fee); the request to withdraw from the show must be received by AEPC at least Twenty (20) days prior to the show opening. Any exhibitor whose request is received less than Twenty (20) days prior to the show opening shall forfeit their entire deposit and be obligated to pay “Tex-Trends India -2012” all amounts due for the booth space / exhibit space originally ordered on this agreement. The parties agree that all amounts required to be paid by this section have been agreed upon because it would be impracticable or extremely difficult to determine the actual damages suffered by the Apparel Export Promotion Council as a result of the Exhibitor’s withdrawal or reduction in the number of booths. All refunds will be processed within ninety (90) days after the close of the show, and no interest will be paid on any amounts received by Apparel Export Promotion Council. Any cancellation or failure of Exhibitor to actually occupy the exhibition space assigned to Exhibitor at the show may, in Apparel Export Promotion Council sole discretion, result in partial or complete termination of Exhibitor’s rights under any sponsorship agreements, packages or opportunities associated with the show.
Indemnification; Insurance:- Exhibitor agrees to protect, indemnify, save and hold harmless, AEPC, its affiliates, its service contractors and each facility at which its exhibit space is located as applicable and each of their respective agents and employees from any and all liability, damage or expenses arising out of any injury to any person or property while in the Exhibitor’s area or Exhibitor’s use of any exhibition space or services. Exhibitor has full responsibility for their product, equipment and displays. Exhibitor releases AEPC from all responsibility for theft, damage to booths or products, and / or any special, incidental, indirect or consequential damage, of any kind, for any reason. Exhibitor agrees to maintain adequate insurance to fully protect AEPC and its affiliates, co-sponsors, service contractors and the exhibit venue from any and all claims, arising from Exhibitor’s activities at the show, including, but not limited to, the installation, operation and dismantling of Exhibitor’s booth. Exhibitor must maintain the following insurance:-

Workers’ compensation coverage not less than the statutory limits must be taken by the exhibitor.

Service Contractors:- AEPC through a bidding process, selects certain show and exhibitor service contractors who may therefore, identify themselves as an “authorized contractor” to the show. The exhibitor has to use the services of “authorized contractors” only at the show.
Arbitration:- The Exhibitor and AEPC agree that any and all disputes in any way relating to, or arising out of this Agreement or the assignment, use, denial, change, or cancellation of exhibit space, shall be submitted to the SG, AEPC for arbitration before a single arbitrator in accordance with the rules of the land then in force and effect as the sole and exclusive remedy for resolving such controversies. The parties agree that the decision of the arbitrator shall be final and binding and that a judgment may be entered on such arbitration award in any court of competent jurisdiction. The parties agree that any such arbitration shall take place in Gurgaon / New Delhi. The prevailing party in any such arbitration shall be entitled to recover its costs and expenses, including reasonable attorney’s fees, incurred in connection with such arbitration.
Miscellaneous

The terms & conditions set forth above, govern the rights and responsibilities of AEPC and the Exhibitor. The Agreement and these terms & conditions represent the sole and entire agreement among the Exhibitor and Apparel Export Promotion Council and supersede all prior agreements, negotiations, and discussions between the parties hereto, and / or their representatives.
The Agreement and these terms & conditions shall be construed as a whole in accordance with their fair meaning and the laws of the State of India.
The provisions set forth above are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision.
No waiver of any term, provision or condition set forth above, in any one or more instances, shall be deemed to be or construed as a further waiver of any such term, provision or condition.
The person executing this Agreement on behalf of the Exhibitor represents and warrants that they have the authority and power to do so and bind the entity for whom they sign.
Apparel Export Promotion Council shall use reasonable care to have all power services installed in time for the opening of the Show. Proper and reasonable care shall also be taken to prevent interruption of power services during the exhibition. AEPC shall not be held responsible for late installation or interruption of any services that may occur.
By signing this Agreement, Exhibitor authorizes Apparel Export Promotion Council to use its name and any photographs and / or video recordings taken at the exhibition and associated events for promotional purposes.

Payment Information:- The remaining 75% Participation Charges should be deposited on or before 23rd December, 2011 failing which the Application will not be considered in the Draw of Lot and the 25% Advance Participation Charges paid stands forfeited.
Badges:- Exhibitors must, at all times including but not limited to set-up and break-down, wear a “Tex-Trends India -2012” exhibitor badge to enter the exhibition hall. PLEASE NOTE: Due to security regulations, Exhibitors may be asked to present photo ID to receive badges. All Exhibitors must identify all personnel who will be working in Exhibitors booth.
The address of Head Office of the firm as mentioned in RCMC / Certificate of Incorporation shall be taken into consideration for refund of air / railway fare etc.
The duly filled-in application form must be accompanied with the photograph and profile of the Managing Director of the applicant.
The booth once allotted shall not be shifted.
The dimension of the booth shall be accepted by the applicant, as finalized by Apparel Export Promotion Council and no representation shall be entertained in this regard.
Any allotment near pillar shall be accepted by applicant, as decided in Draw-of-lots.