Participation Regulation

General Terms of Participation TEXFUTURE VIETNAM

  1. Application

1.1 All potential exhibitors wishing to participate the TEXFUTURE VIETNAM-HIGH END TEXTILE TRADE FAIR (hereinafter referred to as “TEXFUTURE”), the participation including a Fair related marketing package, PR and consultancy services, must express their wish to do so by fully completing the online application form and submitting it to the organizer (hereinafter referred to as “ORGANIZER”) by the particular application deadline. The exhibitor accepts that these General Terms of Participation are legally binding as soon as an application form has been submitted. With the application, exhibitors express to ORGANIZER their serious interest in taking part in TEXFUTURE as exhibitors in accordance with these General Terms of Participation. All exhibits must be described precisely in the application form.

1.2 Co-exhibitors and additionally represented companies must be named in the application form, specifying the same particulars as for the exhibitor. Incomplete or late applications cannot be considered.

  1. Admission of Texfuture

2.1 Exhibitors do not have a legal claim to admission unless such a claim exists by law. The Participation Agreement between the exhibitor and ORGANIZER (hereinafter referred to as “Participation Agreement”) takes effect upon receipt by the exhibitor of a written order confirmation issued by ORGANIZER. The content of the order confirmation shall be binding, unless it materially deviates from the application and the exhibitor objects the confirmation within two weeks of receipt of the confirmation.

2.2 Exhibitors who have not fulfilled their financial obligations to ORGANIZER, in respect of previous events, or have infringed these General Terms of Participation or other applicable contractual provisions (e.g. third party terms and conditions, site rules, etc.), may be excluded from admission.

2.3 ORGANIZER is entitled to withdraw from the Participation Agreement or to terminate the contractual relationship without notice if admission was based on incorrect or incomplete statements by the exhibitor, or if, at a later date, the exhibitor no longer fulfils the conditions for admission.

2.4 Co-exhibitors may not be admitted, nor additional organizations represented, unless expressly specified in the order confirmation.

 

3.Terms of Termination

3.1 ORGANIZER shall be entitled to terminate the Participation Agreement without notice period (with immediate effect) in writing in case (i) composition or bankruptcy proceedings have been filed or initiated against the exhibitor or the initiation of such proceedings was refused due to insufficient assets or (ii) the exhibitor has (partially) defaulted on due payments for the participation.

3.2 In any case of termination of the Participation Agreement with immediate effect by the exhibitor, ORGANIZER shall, upon receipt of the termination notice by the exhibitor, be entitled to vacate and clear the respective stand immediately at the exhibitor's expense and to dispose over the stand area at its discretion. The exhibitor shall not be entitled to claim damages from ORGANIZER.

3.3 ORGANIZER must receive notice of cancellation or withdrawal from participation in TEXFUTURE (hereinafter the “Termination Notice”) before an order confirmation/invoice is sent to the exhibitor by ORGANIZER. Termination Notices received after this time are subject to the explicit approval of ORGANIZER’s management. Any Termination Notice must be in writing. After confirmation of the admission of the exhibitor’s participation in the Fair by ORGANIZER and in case of approval of the withdrawal by ORGANIZER, the following cancellation fees apply:

  1. Receipt of the Termination Notice by ORGANIZER more than 90 days prior to the start of TEXFUTURE – 50% of the admission and service fee;
  2. Receipt of the Termination Notice by ORGANIZER less than 90 days prior to TEXFUTURE – 100% of the admission and service fee.

4.Stand Allocation

4.1 The stand will be allocated according to ORGANIZER’s requirements, the prevailing conditions and in accordance with the classification system for TEXFUTURE as applied by ORGANIZER at its own discretion. ORGANIZER is entitled to deviate from the classification system according to its requirements.

4.2 The Participation Agreement applies only to the admitted exhibitor and expressly admitted co-exhibitors. No assignment, in whole or in part, of the respective stand to third parties or affiliation with third parties is permitted. An exchange of assigned stands between exhibitors is subject to the prior written consent of ORGANIZER. In case of infringement, ORGANIZER is entitled to terminate the Participation Agreement without notice.

4.3 ORGANIZER may subsequently, also in deviation to the order confirmation, change space allocations, and in particular change the location, type, dimensions and size of the exhibition area given to the exhibitor, insofar as this is necessary for reasons of safety or public order, or because TEXFUTURE is oversubscribed and further exhibitors shall be admitted or because changes in assignments of exhibition space ensure that the facilities and space required for the trade fair are used more efficiently. However, such subsequent changes may not exceed the scope which the exhibitor can reasonably be expected to accept. Should such subsequent changes result in a lower admission and service fee, the difference in amount will be refunded to the exhibitor. Further claims against ORGANIZER are excluded. 

  1. Use of stand, exhibits and publicity 

5.1 If exhibitors cannot use their stand space or are prevented from making full use of the same because they have infringed legal or official regulations or the General Terms of Participation, they are nevertheless obliged to pay the admission and service fee according to clause 4 above and to pay compensation to ORGANIZER for all damage caused by themselves, their legal representatives or employees; exhibitors are not entitled to cancel or terminate the contract unless the respective law specifically entitles them to do so.

5.2 Only such items which have been declared and admitted may be exhibited. ORGANIZER has the right to remove any other exhibits at the exhibitor’s risk and expense.

5.3 Exhibits and publicity material may only be displayed in the area of the stand and may not be set up as to acoustically or visually disturb neighbouring areas or stands. The exhibitors may not create any obstructions of the fair venue, in particular the aisles or other stands. Interviews or surveys may also only be conducted in the proper stand area. The exhibitor undertakes to adhere to all applicable laws and regulations relating to his exhibits and promotional material and to remain legally responsible for such adherence during the participation in the Fair.

  1. Liability

6.1 ORGANIZER shall not be liable for slight negligence or negligence, of its corporate agents, legal representatives, employees or other servants, unless any material obligation under the Participation Agreement has been violated.

6.2 To the extent that ORGANIZER is liable for damages in case of negligence or slight negligence on any legal ground whatsoever, such liability shall be limited to such damage or loss which ORGANIZER foresaw or, with the ordinary care of a prudent businessman, should have foreseen as possible consequence of a violation at the time of executing the Participation Agreement. Under no circumstances, will ORGANIZER be liable for any indirect or consequential damage (e.g. but not limited to loss of profit or loss of revenue).

6.3 The above limitations of liability shall not apply (i) in case of wilful misconduct or gross negligence and (ii) for any injury to life, body and health caused by ORGANIZER, its corporate agents, legal representatives, employees or other servants.

6.4 ORGANIZER shall under no circumstances be liable for damage to or loss of material, exhibits and goods brought to the fair area by the exhibitor, the stand and its fittings as well as furniture. The exhibitor shall be liable for any culpable damage to persons or property caused by him, his employees or representatives to other exhibitors and their exhibits, the stand’s fittings, furniture, installations and equipment. The same shall apply in case of loss of any rented or other items let to the exhibitor in connection with his participation as exhibitor in the Fair.

  1. Insurance

ORGANIZER does not provide insurance coverage for the exhibitors for the event. Each exhibitor is obliged to conclude a corresponding insurance contract with an insurance company as is licensed to operate in Vietnam and to pay the premiums incurred (including insurance tax) in good time.

  1. Notice of defect

Complaints about any defects in the stand or exhibition area or missing booth equipment are to be made in writing to ORGANIZER immediately on occupying the exhibition area, but by the end of the particular stand set-up period at the latest, so that ORGANIZER can remedy such defects. Later complaints cannot be considered and cannot give rise to claims against ORGANIZER.

  1. Force majeure, postponement, curtailment, relocation or cancellation of the Fair

9.1 If ORGANIZER is compelled, as a result of force majeure or other circumstances beyond its control, in particular non-fulfilment of material contractual obligations by ORGANIZER’s landlord or other suppliers of ORGANIZER, to vacate one or more exhibition areas temporarily or for longer periods, the exhibitors do not thereby acquire the right to withdraw or cancel, nor do they have any other claims against ORGANIZER, in particular claims for damage (see also sec. 5 above).

9.2 If ORGANIZER is compelled, as a result of force majeure or other circumstances beyond its control, in particular non-fulfilment of material contractual obligations by ORGANIZER’s landlord or other suppliers of ORGANIZER, (i) to postpone, (ii) to curtail or (iii) to relocate the Fair to a different venue, the Participation Agreement shall be deemed concluded for the adjusted date, period and/or venue, unless such postponement, curtailment and/or relocation is unreasonable and the exhibitor objects in writing within two (2) weeks of notification of the postponement, curtailing or relocation of the Fair. In any case according to this sec. 10, ORGANIZER shall be entitled to reasonably adjust the admission and service fee to the changed circumstances. In case of objection and thus cancellation of the Participation Agreement by the exhibitor, ORGANIZER shall reimburse the exhibitor as set forth in sec. 10.3 below.

9.3 If ORGANIZER cancels the Fair or parts of the Fair because it cannot hold the event as a result of force majeure or other circumstances beyond its control, in particular non-fulfilment of material contractual obligations by ORGANIZER’s landlord or other suppliers of ORGANIZER, or because it has become unreasonable for ORGANIZER, taking due account of the exhibitors’ interest, to hold TEXFUTURE or parts of TEXFUTURE, ORGANIZER shall reimburse the affected exhibitor as follows:

  1. information more than 60 days prior to the start of Fair – 85% of the admission and service fee;
  2. information less than 60 days prior to the start of the Fair – 60% of the admission and service fee.

9.4 Further to the above obligations to reimburse the exhibitor, according to this sec. 10, ORGANIZER shall not be liable for damages or disadvantages of the exhibitor, arising out of or in relation to the objection or cancellation, (sec. 7 above applies).

  1. Photography, filming and video recording

10.1 Only persons authorized by ORGANIZER and in possession of a valid ORGANIZER pass may film, photograph, or make sketches or video recordings in the exhibition halls. Exhibitors shall be entitled to have photographs, sketches or video recordings of their own stands made by such authorized personnel during regular opening hours; exceptions may be arranged upon ORGANIZER’s prior consent. Under no circumstances may photographic or other images or recordings be made of other exhibitors’ stands. If this rule is infringed, ORGANIZER may demand that the recorded material be surrendered and take legal steps to achieve this end.

10.2 ORGANIZER is entitled to have photographs, drawings, films and video recordings made of events at the Fair, of stands and exhibits, and to use them for advertising or general press publications. This shall also apply to persons recorded in such occasion.

  1. Catering to stands

The caterers appointed by ORGANIZER are responsible for all catering within the trade fair grounds. Deliveries of beer or other beverages may be made only by companies contracted to ORGANIZER. Only a limited number of deliveries may be made to the exhibition stands. ORGANIZER is entitled to permit deliveries to stands only at certain times. Exhibitors are not permitted to sell food or beverages at their stands.

  1. Combating brand and product piracy

12.1 Exhibitors are obliged to respect third party intellectual property rights. In case an exhibitor exhibits, offers or otherwise promotes products or services or conducts any other activity which infringe(s) any third party intellectual property right, the exhibitor undertakes in advance to remove the items concerned from the stand or refrain from such activity.

12.2 If an exhibitor has been prohibited from exhibiting, offering or otherwise promoting products or services by way of a German court decision and the exhibitor refuses to comply with the court decision, presenting such products or services on his exhibition stand, ORGANIZER is entitled to exclude the exhibitor from the Fair and/or future events. In such cases, no refund of the stand rental (in part or in full) is made. ORGANIZER undertakes to reconsider admission to the Fair or future events in case the respective court decision was subsequently superseded by an appeal procedure before a German court.

12.3 ORGANIZER is not obliged to check the correctness of the court decision. Exclusion of the exhibitor affected by the court decision cannot be legally asserted. If the court decision, by way of which exclusion of the exhibitor has occurred, is superseded by a court decision passed subsequently by way of appeal proceedings, the exhibitor, who had been correctly excluded on the basis of the previous court decision, is not entitled to claim compensation from ORGANIZER.

Each exhibitor shall remain fully and solely responsible for his exhibiting, offering or otherwise promoting products or services. Under no circumstances shall ORGANIZER be held liable for any exhibitors’ violation of any third party’s intellectual property rights.

  1. Fair passes

Upon admission, each exhibitor will receive a certain number of free Fair passes as specified in the order confirmation. These Fair passes are personalized and not transferable. Any transfer of Fair passes, in particular to unauthorized third parties, e.g. to persons or companies wishing to offer goods for sale or to render services at the trade fair centre without corresponding authorization from ORGANIZER, without the prior written consent of ORGANIZER shall render such transfer and the respective Fair passes null and void. Additional personalized Fair passes may be requested in writing from ORGANIZER and are subject to a charge. Fair passes are issued only after payment of the admission and service fee in full.

  1. Set-up, staffing and dismantling of stand

14.1 The dates for stand set-up and dismantling as specified in the Special Terms of Participation (“Exhibitor-Information”) must be strictly observed. Exhibitors are not entitled to additional or extracurricular access to the Fair area for set-up or dismantling purposes. Stands not occupied by the end of the setup period may be disposed of as ORGANIZER sees fit. In case ORGANIZER is not able to reallocate the stand to another exhibitor, ORGANIZER is entitled to design it at the exhibitor’s expense.

14.2 Exhibitors admitted to the fair undertake to participate in the Fair. The stand must be properly equipped and staffed by qualified personnel throughout the Fair during the prescribed opening hours. Particular attention should be paid to ensuring that the stand is already fully staffed when the Fair opens. Exhibitors are not permitted to remove trade fair goods or dismantle their stands before the Fair closes. In case of infringement of any provision of this clause 15, ORGANIZER is entitled to demand a penalty of 1,000.00 EUR for each case of infringement. Such payment request does not forfeit ORGANIZER’s right to claim further damages.

14.3 ORGANIZER is authorized to dispose of any items left by the exhibitor on the premises of the Fair after the dismantling period and shall not be obliged to store such items. Furthermore, ORGANIZER shall be entitled to exclude from future Fairs any exhibitor whose stand is staffed by insufficiently qualified personnel during the Fair's opening hours, who exhibits an incomplete range of goods or goods not admitted to the Fair, who vacates or clears his stand before the end of the Fair, or who otherwise infringes the General Terms of Participation, without prejudice to ORGANIZER’s right to cancel the contract and to a claim for all costs thereby incurred.

  1. Local regulations

Exhibitors must strictly observe the regulations governing the use of the particular place of issue and its grounds. Exhibitors are not permitted to spend time outside the official opening hours as specified by ORGANIZER in the halls or on the grounds. Exhibitors must treat the other participants at the Fair with respect, may not act contrary to public moral policy and may not misuse their participation at the Fair for ideological, political or other such purposes as have nothing to do with the event. Upon entering into the participation agreement, Exhibitors acknowledge and submit to the terms, regulations and provisions, including the data sheets, as provided by the owner of the exhibition ground

  1. Applicable law, jurisdiction

This contract shall be governed by the laws of Vietnam

  1. Miscellaneous

17.1 ORGANIZER reserves the right to modify or supplement these General Terms of Participation or to waive them in exceptional circumstances; such alterations require written form. All verbal agreements, individual and special arrangements are valid only upon ORGANIZER’s written confirmation.

17.2 Notices and any other declarations of the parties delivered via facsimile or e-mail shall satisfy the written form requirement.

17.3 Should one or more provisions of the Participation Agreement be determined to be illegal or impracticable, this shall not affect the effectiveness and validity of the other provisions. In such a case, the invalid or impracticable provision shall be replaced by a valid and practical provision that matches the intended economic purpose of this invalid or impracticable provision as closely as possible. The same shall apply mutatis mutandis in the event of any loophole in the General Terms of Participation.

 

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Texfuture Vietnam
Outstanding Start to the seasonHigh End Textile Trade Fair


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