| 1.
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DEFINITIONS
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| 1.1
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"SBE" means Synergy Business Events.
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| 1.2
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"EXHIBITOR" means each company that has contracted to SBE for participation in an
EVENT.
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| 1.3
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"PRODUCT" means the declared merchandise, expertise and/or product range of the
EXHIBITOR which it contracts to exhibit and/or promote.
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| 1.4
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"FACILITY" means the exhibition space allocated for the specific EVENT by SBE to
and for the exclusive use by the EXHIBITOR in terms of the contract.
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| 1.5
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"CONTRACT" means the agreement concluded between SBE and the EXHIBITOR in terms
of which the FACILITY is hired for the EVENT which is governed inter alia by the
General Rules and Regulations for Exhibitors (the "RULES"), which RULES are obtainable
on request of the EXHIBITOR and which will be sent to the EXHIBITOR with the CONTRACT
and Tax Invoice.
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| 1.6
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"EVENT" means any event, exhibition or marketing platform that takes place at a
future date. SBE reserves the right to amend the event name at any time.
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| 1.7
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Any reference in this Agreement to one of the three genders, or to either singular
or plural number, shall in the appropriate context be deemed to refer to any other
gender or number, as the context may require.
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| 2.
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BASIC CONTRACT
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| 2.1
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The inclusion of the RULES, as an integral part of the CONTRACT, constitutes a condition
precedent to the CONTRACT becoming of force and effect between the parties to the
CONTRACT.
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| 2.2
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The EXHIBITOR hereby unconditionally undertakes to procure that each and every one
of its employees, agents, contractors, invitees or persons falling under its direct
or indirect control while present upon its FACILITY or otherwise engaged by the
EXHIBITOR upon an activity elsewhere upon the EXHIBITION CENTRE, shall unreservedly
respect, comply with and fully adhere to the RULES. Any contravention of this undertaking,
will constitute grounds for the immediate invoking of the breach provisions.
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| 2.3
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Neither the CONTRACT nor any right nor interest thereunder may be ceded nor assigned
to any other party without the prior written consent of SBE having been first obtained,
which consent may in fact in its sole discretion be unreasonably withheld.
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| 2.4
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An EXHIBITOR electing to cancel the CONTRACT prior to the commencement of the EVENT
may become entitled to a refund of any payments made upon
the following basis:
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| 2.4.1
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Should notice of intended cancellation be received by SBE, the deposit
of the full contract price shall constitute an agreed liquidated damages amount
which SBE shall be entitled to retain. The exhibitor shall forfeit the refundable
deposit.
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| 2.4.2
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Should an EXHIBITOR seek to cancel the CONTRACT within two months or less prior
to an EVENT, the EXHIBITOR will not become entitled to the refund of any monies,
it being acknowledged that if SBE will not be able to mitigate its losses by way
of obtaining any replacement Exhibitor for the FACILITY, the full contract value
will consequently in such circumstances remain owing and payable by the EXHIBITOR
to SBE.
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| 2.5
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Should SBE elect to cancel the contract prior to the commencement of the EVENT,
SBE will not be liable for any individual accounts incurred by the EXHIBITOR.
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| 2.6
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This CONTRACT shall be governed by the laws of the Republic of South Africa.
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| 2.7
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Whilst every effort will be made to meet the requirements of exhibitors, SBE reserves
the right to make any alterations which may be considered necessary or to alter
the positions of any of the facilities at any EVENT, or to take any other steps
considered necessary in connection with an EVENT in which the exhibitor shall have
no claim of whatsoever nature and kind arising from whatsoever cause against SBE.
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| 3.
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RESERVATION OF CONTRACT BENEFITS
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| 3.1
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Whilst the CONTRACT shall have become established as detailed in 2.1, all right
and benefits flowing there from in favour of the EXHIBITOR shall remain suspended
until the EXHIBITOR shall have fully paid the agreed contract price to SBE.
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| 3.2
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Payment by the EXHIBITOR of the specified deposit, will convert the allocation to
a FACILITY pending the final payment of the outstanding contract price by the EXHIBITOR
in terms of 3.1
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| 3.3
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The act of payment of the deposit in terms of 3.2 will, in the absence of submission
of a written confirmation notice, be deemed to constitute a tacit confirmation thus
giving rise to the final legal ratification for the establishment of the CONTRACT.
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| 3.4
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Until such time as the specified deposit shall have been paid in terms of 3.2, the
allocation of the FACILITY space shall remain of a tentative nature and at all times
free to be re-allocated by SBE to any alternate EXHIBITOR in its sole discretion
and upon simple notice to that affect being given to the former EXHIBITOR.
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| 3.5
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Payment of the CONTRACT price shall be required to be affected by the EXHIBITOR
in strict compliance with the invoice terms therefore issued by SBE.
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| 3.6
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A failure to pay any contract monies in strict accordance with the stipulated times
for payment, will constitute a material breach of the CONTRACT.
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| 4.
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BREACH
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| 4.1
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In the EVENT of a breach by any party of any term or condition of this CONTRACT,
the aggrieved party shall only be entitled to seek relief in terms hereof, after
giving to the defaulting party written notice to remedy same within the following
parameters:
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| 4.1.1
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Should the breach materialise within the period of two months prior to the commencement
date of the Exhibition; 48 (forty eight) hours
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| 4.1.2
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Should the breach materialise during the Exhibition
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| 4.2
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By virtue of the inherent nature of the Exhibition, time as contemplated in 4.1
is acknowledged by all parties to be of the absolute essence.
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| 4.3
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Without prejudice to any other right whether under common law or in terms of the
CONTRACT, the parties reserves the right to any other or additional claim or claims
which the aggrieved party may have against the defaulting party in law, and in the
EVENT of breach of any term or condition of the CONTRACT not being remedied, the
aggrieved party shall have the right and option forthwith either to cancel the CONTRACT
or to institute proceedings for specific performance against the party in breach
and without any further notice, with or without any additional claim for damages
arising from such breach.
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| 4.4
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All legal costs incurred shall be recoverable by the aggrieved party on the scale
of attorney and own client.
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| 4.5
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The domicilium citandi et executandi shall be those addresses of the EXHIBITOR and
SBE as recorded on the face hereof.
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| 5.
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PAYMENT TERMS
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|
Early Bird Discount applicable dependent on 100% payment received no later than 31 October 2023.
Standard Payment Terms
- 40% on receipt of invoice
- 40% by 31 October 2023
- 20% by 31 January 2024
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| 6.
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CANCELLATION TERMS
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|
-
100% cancellation from 01 November 2023
Please note that you will not be allowed to exhibit if payment in full is not received.
All payments to be made directly to SBE as per invoice and payment dates. Please
use your company name as your reference.
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Account Name:
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Synergy Business Events (Pty) Ltd
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Bank:
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First National Bank - Rosebank
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Account No:
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6243 505 8583
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Branch code:
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253305
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