DEFINITIONS
1.1 The definitions in this clause apply in the terms and conditions set out in the Agreement as follows: “Charges” shall mean the charges payable by the
Customer in relation to the provision of Services; “Customer” (including any reference to “you” or “your”) shall mean the Customer as set out in the
Order; “Customer Address”: shall mean the address of the Customer as set out in the Order; “Deliverables” shall mean those elements of the Services that
NEC shall provide to the Customer in accordance with the provisions of this Agreement; “Equipment” shall mean any and all equipment, including related
boxes, racks or cartons that are hired or lent to the Customer in relation to the provision of the Services; “Event”: shall mean any form of concert, show or
event held at any of the venues of the NEC; “Exhibitor Manual“ shall mean the manual made available to the Customer by NEC in either hard copy or
electronic format in relation to the Event at which they are staging an exhibition or attending; “Licence Period“ shall mean the build-up period, the opening
hours and the break period of the Event; “NEC” (including any reference to “us”, “we” or “our”) shall mean The National Exhibition Centre Limited;
“Order” shall mean the Customer’s request for Services and related information, as set out in the Order Form or as provided by telephone; “Order Form“
shall mean the completed order form provided to the NEC by the Customer; “Price List” shall mean the price list in relation to the Services available at the
time of request of Services by the Customer; “Services” shall mean the services that NEC shall provide to the Customer as detailed in the Order
Confirmation.

PROVISION OF SERVICES
2.1 Subject to the Specific Condition relating to foodtoyou Services below, these Standard Terms and Conditions together with the Order, Order Confirmation
and the Exhibitor Manual shall set out the whole agreement between the Customer and the NEC for the provision of Services (“the Agreement”) and shall
be binding on both NEC and the Customer. Any variation of the Agreement must be in writing and signed by both Parties.
2.2 Any samples, drawings, descriptions or advertising that NEC issues and any descriptions or illustrations provided by NEC are done so solely to provide the
Customer with an approximate idea of the Services they describe and do not form part of this Agreement All intellectual property rights in such information
shall remain the property of NEC.
2.3 The Order is an offer by the Customer to enter into a binding contract, which NEC is free to accept or decline in its absolute discretion.
2.4 The Agreement shall become binding on the Customer and NEC upon the issue by the NEC of written confirmation of the Order together with either a proforma
invoice or invoice receipt (“Order Confirmation”) which shall include an order number which the Customer shall quote in all subsequent
correspondence.
2.5 Subject to clause 2.6, the Customer may cancel the Agreement during the seven (7) day period following the date of issue of the Order Confirmation
(providing that such period ends before the commencement of the Licence Period) (“Cancellation Period”) and shall be entitled to a refund. For the
avoidance of doubt the Cancellation Period shall not apply where an Order is placed less than 7 full days before the commencement of the Licence Period.
2.6 If the Customer cancels an Order after the expiry of the Cancellation Period and (i) at least 6 full working days before the start of the Licence Period, then the
Customer shall be liable to pay 50% of the Charges due in relation to the Order (and where the Customer has paid in full shall be entitled to receive a
refund of 50% of such Charges); or (ii) less than 5 full working days prior to the start of the Licence Period then the Customer shall be liable to pay the full
amount of Charges due in relation to such Order.

EQUIPMENT
3.1 Title to all Equipment provided to the Customer by NEC shall remain with NEC and the period of hire shall be for a maximum period of the Licence Period.
Notwithstanding the above, once installation of the Equipment has taken place, the Equipment shall be deemed to be within the Customer’s control and
responsibility and shall be at the Customer’s sole risk until collected and control is re-taken by the NEC. The Customer shall indemnify NEC for any loss or
damage to the Equipment and any other property of NEC during the period of Customer’s control and responsibility and shall insure the Equipment up to
its full replacement value.
3.2 The Customer shall not connect to NEC’s IT network without NEC’s written permission and in any event NEC shall not be liable to the Customer in any way
for any damage, expense, claim, cost or loss (whether direct or indirect) suffered or borne by the Customer, caused or arising out of the Customer using
their own equipment on NEC’s [IT] network.
3.3 The Customer shall indemnify NEC against all actions, demands, costs, charges, liability and any other proceedings whatsoever, suffered or borne by NEC
arising out of or caused by the Customer using its own equipment on the NEC’s network.
3.4 The Customer warrants that the person designated to take delivery of Equipment and Deliverables has the Customer’s authority to do so.
3.5 Where the Customer hires Equipment as part of the Services, it shall, together with payment of the Charges pay a refundable deposit equal to the
replacement cost of the Equipment (“Deposit”).
3.6 If the Equipment is not returned in a satisfactory condition, the Customer shall without prejudice to any other right or remedy of NEC pay a charge equal to
the cost of cleaning, repairing, reconditioning or replacement as NEC considers necessary.
3.7 The Customer undertakes to comply with all safety instructions in relation to the Equipment and to comply with all health and safety requirements as
directed by NEC.

CHARGES AND PAYMENT
4.1 The Charges (exclusive of VAT) shall be as set out in the Price List as referenced in the Order Confirmation. NEC reserves the right to alter or amend the Price
List at any time prior to this Agreement becoming binding on the parties.
4.2 All quotations or estimates provided to the Customer are done so solely as an indication of the Charges shall not be binding upon NEC.
4.3 Payment for all Services shall be made in advance of the Services being provided (unless agreed otherwise in writing by both parties) by either;
i) credit or debit card: NEC accepts payment with MasterCard, Visa, Electron, Visa Debit, Solo, Maestro, American Express; or
ii) cheque made payable to “National Exhibition Centre Ltd”. Cheques shall be cashed by NEC within 10 working days of the date of receipt of such
cheque by NEC. The date of receipt of a cheque shall be marked as the date “payment taken” on invoices provided to the Customer.
4.4 The parties agree that time shall not be of the essence in respect of the provision of the Services by NEC.
4.5 If the Customer requests additional Services (excluding Services relating to rigging) whilst on-site, the provision of such Services shall be at the discretion of
NEC and shall be subject to a surcharge equal to 40% of the prices for such Services as set out in the then current Price List. If the Customer requests
additional Services relating to rigging, the provision of such shall be at the discretion of NEC and shall be subject to a surcharge equal to 50% of the prices
for such Services as set out in the then current Price List. Payment for such additional Services shall be made immediately by credit or debit card unless
otherwise agreed in writing between the Parties.
4.6 If the Customer fails to provide a dimensional drawing showing the precise locations of all Services requested within 7 full days of placing an Order, a
surcharge equal to 10% of the prices for such Services as set out in the then current Price List may be charged to the Customer.
4.7 Without prejudice to any other remedies or rights that NEC may have, if the Customer does not pay the Charges when due, NEC may cancel or suspend the
provision of the Services together with any other outstanding Order received from the Customer until payment of all outstanding amounts is made in full.

LIABILITY
5.1 The liability of NEC and its employees, agents or contractors in respect of damage to property shall be limited to an amount equal to 25% of the Charges.
5.2 NEC shall not be liable for any loss, liability or claim made against the Customer arising from or attributable to, loss of profit, loss of business, depletion of
goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of use or indirect or pure economic loss, costs, damages,
charges or expenses.
5.3 The Customer shall indemnify NEC against all actions, demands, claims, expenses, compensation, costs, charges, liability and any other proceedings
whatsoever, suffered or borne by NEC arising from any act or omission of the Customer or the Customer’s failure to comply with this Agreement
5.4 This clause 6 does not exclude or limit in any way the NEC’s liability for: i) death or personal injury caused by its negligence; or ii) fraud or fraudulent
misrepresentation; or iii) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and
Services Act 1982; or iv) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or v) any other matter for which
it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

FORCE MAJEURE
6.1 NEC shall not be in breach of this Agreement, nor liable for any failure or delay in performance of any obligations under this Agreement arising from or
attributable to acts, events, omissions or accidents beyond its reasonable control including but not be limited of NEC including without limitation strikes,
lock-outs or other industrial disputes (whether involving the workforce of NEC or of any other party), act of God, war, riot, civil commotion, pandemic,
malicious damage, compliance with any Law, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors or any
necessary inspection, repair or replacement of any part of the centre (including the Venue), inaccessibility of transport links, failure of supply of fuel, power,
communication, transport or other goods or services

ASSIGNMENT
7.1 The Customer may not transfer any of its rights or obligations under the Agreement to any third party without the prior written consent of NEC. NEC may
transfer all or any of its rights and obligations under this Agreement to another organisation, but this will not affect the Customer’s rights under this
Agreement.

NOTICES
8.1 All notices sent by the Customer to NEC must be sent to Legal Services, The National Exhibition Centre, Birmingham, B40 1NT. NEC may give notice to
the Customer at the Customer Address as set out in the Order. Notice will be deemed received and properly served three days after the date of posting of
any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and
placed in the post.

GENERAL
9.1 If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the
term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
9.2 A person who is not party to this Agreement shall not have any rights under or in connection with it under the Contracts (Rights of Third Parties) Act 1999.
9.3 This Agreement shall be governed by English law and the Parties agree to the non-exclusive jurisdiction of the English courts.
SPECIFIC CONDITIONS (which shall be included as part of the Standard Terms and Conditions)
BUILDING AND AERIAL SERVICES: For the purposes of the provision of Building and Aerial Services the Customer agrees and acknowledges that:
10.1 All floor fixings are of bolt type which allows for the supply of the bolt, fixing with plant in position and restoration of the floor at the end of the Event only.
It is the responsibility of the Customer to carry appropriate tools to remove all bolts at the end of the Event. The floor fixing is not suitable for up thrust or
pull out loads without provision of an appropriate anchor block. Standard fixings allow for bolts up to 75mm above floor for 8 and 10mm diameter and up
to 150mm above floor, for all others. Longer bolts will incur further charges.
10.2 Floor pockets allow for cutting out of the pocket, concreting in of the required item, removal and restoration of the floor at the end of the Event.
10.3 Floor chases allow for cutting out of the chase for installation and burial of Customer’s cable or pipe, which is screened with a lightweight cover for the
Open Period which is removed at the end of the event and the floor is restored.
10.4 Entry to Service Duct allows for cutting hole in the concrete wall of service duct to be made for installation of the Customer’s pipe or cable and removal and
restoration of duct at the end of the Event. This Service is only permitted for duct crossing where chases are employed.
10.5 Painting of Stand Areas allows for painting of exhibition stand with one coat of approved floor paint. Where paint other than black is used the Customer
must allow for repainting of the floor black at the end of Event. A minimum of 12 hours painting and drying time is required with a minimum of 24 hours
notice of the commencement of the Opening.
10.6 Television and Radio Aerials allows for the installation, maintenance and removal of an aerial cable which terminates in a standard plug and
a single connection on the stand. These items are supplied as single outputs only. Distribution on stands to be our/your nominated contractor when
required

EVENT IT: For the purposes of the provision of Event IT Services the Customer agrees and acknowledges that:
11.1 All call charges incurred by the Customer will be passed on in full to the Customer and shall be payable within 14 days of demand. All quoted prices
exclude the cost of electricity used, which shall be payable by the Customer in full to NEC.
11.2 NEC will provide information to the Customer concerning the network settings required within Microsoft Windows.
11.3 No other services will be permitted to be attached to services provided without the written approval of NEC. Only British Approvals Board of
Telecommunications approved apparatus can be connected directly to telecommunications circuits.

PIPEWORK/MECHANICAL MAINS For the purposes of the provision of Pipework/Mechanical Mains Services the Customer agrees and acknowledges that:
12.1 Pipework mains services include the installation, maintenance and removal of a supply pipe (and drain for water and waste), which terminates in a stopcock
and one connection to the Equipment requiring the Service at a position on the stand as indicated on the customer's dimensional drawing. The main is not
metered and the price includes the cost of water, air or gas used.
12.2 Additional connections off standard mains are only applicable at the price as set out on the Price List price where due consideration has been given to: i)
Length of pipe work runs (Normally 3m max); and ii) Safety of pipe work routing; and iii) Total capacity rating of standard main; and iv) Pressure drop
limitation; and v) Waste systems generally limited to use on double units only.

FOODTOYOU SERVICES
13.1 In the event that NEC agrees to provide an account facility to the Customer, the Agreement shall include a catering account form (“Catering Account
Form”) as provided to NEC by the Customer.

RIGGING AND TRADE SERVICES
14.1 All Technical Operations Services shall be provided in accordance with “No 9 GUIDANCE NOTE – NEC ‘SAFE EXHIBITION’ PROCESS” which outlines the
current practice and assessment of competency for riggers carrying out work at NEC venues which shall be applied in conjunction with the “NEC Group
Rigging Code of Practice” (both of which documents are available from NEC upon request) together with any other relevant health and safety practices and
legislation.