Definition

1. In these conditions, save as the context otherwise requires:
a) "Applicant" -means a sole proprietorship, partnership or limited company applying to exhibit at the exhibition.
b) "Conditions" - means these General Terms and Conditions of application and exhibition rules and regulations as amended from time to time by the Organizers.
c) "Exhibitor" - means a sole proprietorship, partnership or limited company applying to exhibit at the exhibition whose application to exhibit at the exhibition has been accepted by the Organizers in the form of a written confirmation (referred to as "Booth confirmation") and has paid full participation fee.
d) "Exhibition" - means the Exhibition to be organized by the Organizers as specified in the application form.
e) "Exhibition Venue" means whichever venue is indicated in the application form.
f) "Organizers" - means Metallurgical Council of CCPIT (MC-CCPIT) and Adnet Exhibition Ltd.- which as promoters and Organizers are responsible for the regulation and control of all aspects of the exhibition.
g) "Publicity Material" - means the promotional gifts, catalogues, pamphlets and any advertising and publicity material whatsoever which an exhibitor wishes to display, distribute or use at the exhibition.

Eligibility for and Condition of Participation

2. The Organizers has absolute discretion in the admission of applicants. Until an applicant's application has been accepted in writing by the Organizers, no rights to exhibit are granted notwithstanding payment or acceptance of the full payment submitted with the application. The Organizers reserves the right to decline any application without further explanation. The Organizers shall not be required to confirm receipt of the completed Exhibition application form. Nor shall confirmation of receipt of completed Exhibition application form by the Organizers be considered as acceptance of the applicant as an Exhibitor.

3. Violations of any of the terms and conditions contained in the application form by an Exhibitor shall entitle the Organizers to exclude an Exhibitor from attending an Exhibition and to seek remedies for such damages caused by such violations.

4. Exhibition space is licensed strictly to the Exhibitor for trade promotion purpose allocated in a manner satisfactory to the Organizers both during assembly and installation of stand as well as at the Exhibition. The Organizers reserves the right to remove any items that the Exhibitor has placed in all or part of the space allocated to the Exhibitor at the Exhibitor's expense without notice should they not be satisfied with the way space is used and dispose of all items cleared from the Exhibition space. No Exhibitor shall have any claim for any refund in respect to the space rental, as provided in these Conditions or any other monies paid.

Payment

5. The appropriate application fee/deposit which shall be non-refundable (save as provided in these Conditions) must accompany each application. In the event that an Exhibitor fails to settle outstanding amount balances by the specified deadline set by the Organizers, the Organizers is entitled to withdraw Booth confirmation by notice in writing to the Applicant and to exclude the Applicant from participation. Deposit(s) already paid by the Applicant will be forfeited.

6. The Organizers reserves the right to demand additional, non-interest bearing deposit(s) at any time as a guarantee of actual or potential damage. The Organizers will notify the Applicant of any additional deposit(s) that may be required and the dates upon which such additional deposit(s) must be paid. Any failure on the part of the Applicant to make payment of any additional deposit(s) requested by the due dates will entitle the Organizers to withdraw the Booth confirmation by notice in writing to the Applicant and to exclude the Applicant from participation. In such circumstances, all deposit(s) already paid by the Applicant will be forfeited. Such deposit(s) will be returned to the Applicant without interest within 60 days after the end of the Exhibition subject to the right of the Organizers to deduct the amount of any damage (if any) from the additional deposit(s).

7. In the event that an application is not accepted by the Organizers, the application fee/deposit paid shall be refunded without interest to the Applicant within 30 days from the date of notice of rejection of the application.

8. If an Applicant withdraws his application for whatever reason before receipt by him of a rejection of his application or after his application has been approved, he forfeits the application fee/deposit paid however the refundable deposit will be refunded.

Space Allocation

9. The Organizers has absolute discretion in allotting space for Applicant's stand(s) or shell booth(s) and the location of such stand(s) or shell booth(s). All decisions to such effect shall be final and no request for change will be entertained. No Exhibitor shall have the right to compensation for damages suffered by reason of change in booth allocation or of alterations to a booth after Booth confirmation has been issued; provided, that an Exhibitor may withdraw its participation should the Organizers offer a booth area less than fifty(50) percent of the sq meters/sq footage set forth in the Booth confirmation, in such circumstances the deposit(s) paid will be refunded.

10. The Exhibitor's license to exhibit at the Exhibition and to use, the space or the shell booth(s) licensed to the Exhibitor is personal to the Exhibitor and shall not be transferred, assigned, subcontracted or shared with any third party regardless of the relationship between the third party and the Exhibitor without the written approval of the Organizers who shall be entitled to give or withhold such approval at its sole discretion.

Stand Construction and Shell Booths

11. The Organizers' requirements and approval procedures in relation to the stand construction and provision of Shell Booths are detailed in the Exhibitor Manual which will be provided to the Exhibitor and will form part of these Conditions.

Use of Site and Safety

12. Precautionary measures such as guards or other means of protection must be taken to protect the public from any moving or working exhibits. Such moving or working exhibits shall only be demonstrated or operated by persons authorized by the Exhibitor and shall not be left running in the absence of such persons. Display of such working or moving exhibits must have the Organizers' prior written approval.

13. The use of laser products at the Exhibition requires prior approval in writing by the Organizers. Application for approval of such must be submitted to the Organizers no later than two months before the Exhibition's opening.

14. All audio visual equipment must be sited and be of a noise level so as not to cause any inconvenience to other Exhibitors or visitors. The Organizers reserves the right to appoint one or more exclusive audiovisual equipment supplier/s whereupon the Exhibitor shall be obliged to hire the equipment from such exclusive supplier/s.

15. No Exhibitor shall engage in or permit filming, sound or video recording, telecasting and broadcasting at the Exhibition venue unless prior written approval is obtained from the Organizers.

16. No advertising or demonstration at the Exhibition, including the staging of any fashion shows, will be allowed at the Exhibition venue unless the Organizers advance approval in writing is obtained.

17. The Exhibitor is required to obtain all required permissions and authorizations from the local Government for any musical performance, including the use of music recorded for fashion shows and the Exhibitor will submit copies of the permission letters to the Organizers prior to the opening of the Exhibition.

18. The Exhibitor shall be responsible for the acquisition of the appropriate performing and reproduction rights.

19. Publicity materials may only be distributed from the Exhibitor's own stand or shell booth. No advertising, demonstration or canvassing for business may be carried out anywhere else within the Exhibition Venue. No exhibits or advertising signs shall be placed outside the confines of the Exhibitor's stand. As such, no price tags indicating various prices of exhibits are allowed on displays.

20. Gas-filled balloons will not be permitted at the Exhibition Venue under any circumstances.

21. Stands must be manned by authorized and competent representatives of the Exhibitor at all times during the Exhibition. Such representatives must be fully conversant with the Exhibitor's products and/or services and shall be duly authorized to negotiate and conclude contracts for the sale of the Exhibitor's products or services. The Exhibitor shall procure that the representatives shall comply with these conditions and with any and all directions which the Organizers or its agents may give before or during the Exhibition.

22. During the Exhibition the booth shall be furnished with the exhibits which have been included in the application form submitted by the Exhibitor and approved by the Organizers and are within the product group specified in the application form; exhibits may not be removed from the booth or exchanged for other types of exhibits. During the hours of operation, articles accepted for display may not be concealed. The Organizers reserves the right to remove any exhibits of publicity materials at the Exhibitor's expense which they consider in their absolute discretion to be hazardous, illegal, immoral, objectionable to the Organizers, do not conform to the standard and set-out of the Exhibition or do not fall within the exhibit description of the Exhibition.

23. The Exhibitor warrants that the exhibits and packages thereof and the publicity material do not in any way whatsoever violate or infringe any third party's rights including trade marks, copyrights, designs, names and patents whether registered or otherwise, and agree to fully indemnify and keep fully indemnified the Organizers and its agents and contractors against all costs, expenses (including legal costs) and damages arising from any third party's claim of infringement by the Exhibitor and/or the Organizers of such third party rights.

24. Stand assembling, installation and decoration must be carried out within the time limits specified by the Organizers and must in any case be completed by 8:00pm on the day preceding the Exhibition opening. The Organizers reserves the right to assemble, install or decorate any space which is not completed by that time at the Exhibitor's expense.

25. Repairs or alterations to the stand or displays may only be carried out after the Exhibition is closed for the public and with prior agreement of the Organizers.

26. No stand or exhibits shall be dismantled or removed before the official closing time of the Exhibition on the last day of the Exhibition unless special permission has been given by the Organizers.

27. Full particulars of all personnel, agents or representatives of the Exhibitor must be submitted to the Organizers for approval and registration before they may be admitted to the Exhibition. As the personnel are approved by the Organizers ('authorized personnel') they will be issued badges for identification and admission purposes. The Exhibitor shall procure that authorized personnel :
a) display their badges conspicuously whilst in the Exhibition Venue; and
b) do not pass their badges to other persons.

Visitor Authorization

28. Trade buyers and other trade visitors shall be authorized to visit the Exhibition. In addition, the Organizers may declare the Exhibition to be completely or partially open to the general public.

29. The Organizers shall be entitled to carry out reasonable security checks at the entrance and to refuse entry where appropriate.

Sale Activities

30. The Exhibitor may accept orders and commissions from trade buyers who furnish proof of their identity and may conclude purchase and service contracts to be put into effect outside of the event. The same applies to purchase of exhibits for delivery after the Exhibition has concluded.

31. Counter sales, i.e., the sale and handing over of goods (as well as the sale of food and refreshments) are prohibited.

Advertising and Publicity

32. The Organizers shall arrange and be responsible for all publicity arrangements for the Exhibition and no Exhibitor, or its agent, shall give or cause any interview to be given, public announcement, press statement, or any other publicity whatsoever intended to publicize the Exhibition as a whole. The Exhibitor is entitled to publicize their participation in the Exhibition as long as the publicity does not relate to the organization of the Exhibition as a whole.

33. The Exhibitor shall not disclose, appropriate or use and shall prevent its representatives at the Exhibition from disclosing, appropriating or using any technical or confidential information regarding the business or affairs of the Organizers of the organization or any of the Exhibitors at the Exhibition acquired by way of the Exhibitor's license at the Exhibition.

34. The inside area of the booth may be used by the Exhibitor for advertising or publicity purposes, but only in respect of the exhibits there displayed.

35. The Organizers may issue directions or rules relating to the design of the outer booth areas taking in to account the overall theme of the event. The Exhibitor shall comply with such rules or directions.

36. No Exhibitor shall carry out publicity measures outside the boundary of the booth, on or in front of the Exhibition.

37. The following publicity measures are not permitted even within the booths:
- those constituting a breach of legal and administrative regulations or restrictions, particularly those of the fire department.
- those containing ideological or political subject matter.
- those disturbing to other Exhibitors, e.g., acoustic or optical irritations (flashing lights, moving screens, loudspeaker announcements, etc).
- those accumulating dust or litter.
- those interfering with the flow of visitors, especially causing congestion of the aisles.
- those comprising a decoration of the booths with flats, pennants, transparencies, etc.
- those including live animals as viewing objects.
- those constituting third party publicity, as well as any measures indicating names of suppliers, customers and other companies.
- those promotion events or exhibitions organized by persons other than the Organizers or one of its affiliates.

38. The use of the logos and name MC-CCPIT and Adnet Exhibition Beijing Ltd or of the events shall require the written approval of the Organizers.

Move-in and Move-out of Stand Materials and Exhibits; Exclusion of Liability

Move-in and Move-out of Stand Materials and Exhibits

39. Exhibitors shall move-in to the Exhibition Venue according to the arrangements and within the time limits specified by the Organizers.

40. The arrangement and payment for transporting goods to and from the Exhibition Venue, receiving, decorating and removing its exhibits are entirely the responsibility of the Exhibitor.

41. No trolleys/dollies shall be allowed in any carpeted areas of the Exhibition Venue.

42. All exhibits, stand materials and the like shall be removed immediately after the closing of the Exhibition according to arrangements and within the time limits specified by the Organizers. Any exhibits or stand materials left behind at the Exhibition Venue shall be deemed abandoned and shall be disposed of by the Organizers at the expense of the Exhibitor concerned. All proceeds (if any) of such disposal shall be retained by the Organizers.

43. The Organizers reserves the right to appoint one or more exclusive contractor(s) to handle the movement of all goods and exhibits in and out of the Exhibition Venue, whereupon the Exhibitor shall be obliged to hire the services of such exclusive contractor(s).

Exclusion of Liability

44. The Organizers, its agents, representatives, contractors or employees shall not be liable in any way whatsoever with respect to loss, injury or other damages, other than death or personal injury caused by the negligence of the Organizers or their employees, suffered by or inflicted to the Exhibitor, its representative, employees, contractors, its agents, products or other property of the Exhibitor or such parties or any Exhibitor or visitor.

45. The Organizers shall not be responsible or liable in any manner whatsoever for the consequences of any introduction of commercial transaction made during or as a result of the Exhibition.

46. The Exhibitor undertakes to indemnify and at all times hereafter to keep indemnified the Organizers, its employees and agents on demand from and against all liability, action, proceedings, claims, damages, costs and expenses (including legal expenses) whatsoever which it may suffer or incur by reason of or in relation to the agreement hereunder or by any breach by the Exhibitor of those conditions or in relation to any claim made by a third party against the Organizers.

47. The Exhibitor shall be responsible for effecting adequate insurance which shall include (but not be limited to) his displays, exhibits and stands against all loss or damage by theft, fire, public (including occupier's liability) and any other natural causes, and shall produce such policy of insurance to the Organizers upon request.

48. The Exhibitor shall take out insurance policies to cover itself against all potential liabilities imposed on it in these conditions as well as possible legal liability for negligence and shall produce such policy of insurance to the Organizers upon request. The Exhibitor is fully liable for any loss or damage caused by an act of omission of the Exhibitor or his representative, employees or agents to any property of the Exhibition Venue, other Exhibitors or the Organizers and shall produce such policy of insurance to the Organizers upon request.

49. The Organizers reserves the right to exercise a general lien over any property the Exhibitor has in the Exhibition Venue in respect to all monies due to the Organizers (including claims for damages) in connection with the Exhibition.

Waiver

50. The waiver by the Organizers of any of these Conditions shall not prevent the subsequent enforcement of these Conditions or the particular condition waived and shall not be deemed to act as a waiver in respect of any subsequent breach.

Termination of Right to Exhibit

51. The Organizers shall have the right to terminate without notice an Exhibitor's right to exhibit in the Exhibition in any of the following events:
a) if an Exhibitor or any of its representatives commits a breach of any of these Conditions; or
b) if an Exhibitor, being a body corporate, enters into liquidation whether compulsory or voluntarily or compounds with its creditors or has a receiver appointed over all or any part of its assets or takes or suffers any similar action in consequence of debt or if an Exhibitor, being a sole proprietorship or partnership, becomes, or one of its members becomes bankrupt or insolvent or enters into any arrangements with its creditors or takes or suffers any similar action in consequence of debt;
c) if the Exhibitor conducts any activity which, in the opinion of the Organizers, does not conform to the nature and purpose of the Exhibition, or interferes with the rights of other Exhibitors at the Exhibition (including the Intellectual Property Rights); or
d) if the Organizers in its sole and absolute discretion decides that such right shall be terminated.

52. In the event that an Exhibitor's right to exhibit in the Exhibition is terminated under 51(a), (b) or (c), the Exhibitor shall have no claim for refund of any monies paid to the Organizers.

53. The Organizers shall return to the Exhibitor the application fee/deposit and any other deposit(s) paid hereunder in the event of a termination of the Exhibitor's right to exhibit under 51(d) . The Exhibitor shall have no other claim against the Organizers for any of its loss or damages in connection with any such termination.

Cancellation of Exhibition

54. The Organizers reserves the right to cancel, alter in character, reduce in scale, shorten or extend the duration of the Exhibition at any time without incurring any liability whatsoever to the Exhibitor due to circumstances outside the Organizers' control including but not limited to war, embargo, civil unrest, outbreak of disease, legal proceedings or government regulations that make it impossible or impractical, for the Organizers in their absolute discretion to hold the Exhibition. The Exhibitor shall have no right to claim and shall not claim against the Organizers or their agents or representatives, whether for loss or damage, or return of part or all of any money paid by the Exhibitor in respect of any cancellation, reduction, shortening or extension or any other alteration made to the Exhibition made in accordance with this provision.

55. Furthermore, the Organizers shall be entitled to cancel or postpone the Exhibition, and to alter its duration and hours of operation. No claim by an Exhibitor for compensation shall be valid under such circumstances. Should the Exhibition be completely cancelled, all money already paid by the Exhibitor shall be refunded. In the case of postponement or alteration in the duration of the Exhibition, the conditions of the Exhibition shall be applicable to the new duration and hours of operation.

56. The Organizers reserves the right to change the plan, site, character or venue of the Exhibition at any time without giving notice to the Exhibitor. The Organizers may allow the Exhibitor to reduce their space rental (in their absolute discretion) and in such circumstances of the Organizers agreeing to reduce the Exhibitors space there will be a pro-rata reduction in the rental space paid but they shall not be liable for any further compensation to the Exhibitor.

Submission of Claims

57. All claims of the Exhibitor shall be made in writing to the Organizers no later than fourteen (14) days following the last day of the Exhibition. A submission of a claim or any review by the Organizers does not in anyway indicate any responsibility on the part of the Organizers in respect of such claim.

Additional Rules and Regulations

58. The Organizers reserves the right to interpret, alter and amend these Conditions and to issue additional rules and regulations at any time they consider necessary for the orderly operation of the Exhibition, all interpretations of these Conditions and any additional rules and regulations by the Organizers shall be final.

59. The Exhibitor shall abide by the rules and regulations of the Exhibition Venue which are deemed to be integral parts of and incorporated into these Conditions. In the event of conflict between the provisions of such rules and regulations and these Conditions, these Conditions shall prevail. A copy of the rules and regulations of the Exhibition Venue is available from the Organizers on request.

Governing Law

60. These Conditions shall be governed by and construed in all respects in accordance with the laws of China and the Exhibitor irrevocably submits to the non-exclusive jurisdiction of the Hong Kong Courts.

61. English is the legally valid language of these General Terms & Conditions. In case of any dispute, the English version prevails.