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EXHIBITION

EXHIBITION
Terms and Conditions

Terms & Conditions of Exhibition

01

General

  • a. Priority of terms – If the terms agreed upon by both parties prior to this registration, either orally or in other documents, are different from these terms, these terms supersede any provisions agreed upon prior to this registration. These terms may not be modified unless Korea Wind Energy Industry Association (KWEIA) updates the information on the website.
  • b. Rights – After the payment of the full contract price, the Exhibitor will have a right to participate in the Exhibition. The right in this paragraph means displaying Exhibitor’s products or services, not a venue lease contract.
  • c. Guarantee – The Exhibitor guarantees that it is registering as a principal and not as a nominee of any third party and that there is no likelihood for the exhibits, products and advertising to infringe any patent, trademark, copyright and other intellectual property right of any party. Therefore, the exhibitor agrees that in the event of any breach of the terms stated in this paragraph, the contract is to be terminated, and the exhibitor shall indemnify KWEIA against any occurred costs related with.
  • d. The Exhibitor shall not engage in joint promotions with any third Party in relation to the service without KWEIA’s prior written permission.
02

Logistics & Safety

  • a. Assigning location – KWEIA’s decision regarding assigning location of venues is to be binding on the Exhibitor. KWEIA allocates the exhibitor’s space in consideration of the participation performance, booth size, order of application, order of payment in full, characteristics of exhibits, and the overall composition of the exhibition hall. The exhibitor is obligated to agree with the decision made by KWEIA regarding venue assignment unless it is considered to beextremely unreasonable decision that does not allow the Exhibitor to achieve its objective of registering for this exhibition. Also, even if the exhibitor ceases to use either the part or the entire contracted booth, the exhibitor still must pay the entire contract amount.
  • b. Items to be displayed – Exhibitors may display only items that are already notified to KWEIA. If the displayed item is not what it has been notified or items do not conform to the character of the exhibition, KWEIA has the right to limit the list of items to be displayed or may request to take the item out from exhibition. Also, KWEIA may limit the list of items to be displayed from a single booth.
  • c. Installation and demolition – The Exhibitor agrees that the purchase of ‘raw space’ excludes any build, and the Exhibitor is responsible for coordinating the installation and demolition of their own stand/booth using a contractor approved by KWEIA and venue. Installation and demolition must be completed within the period stipulated by KWEIA, and the exhibitor must indemnify KWEIA for any losses or expenses due to delay or damage to the exhibition hall. The Exhibitor must also order the required services (cleaning, electricity, etc.) separately. Waste removal and stand cleaning will not be provided by KWEIA.
  • d. Changes – KWEIA may make changes, if necessary, regarding the exhibition, including, but not limited to, the following: The size and location of the allocated exhibition space may be changed at the discretion of KWEIA, and if necessary, the exhibition hall, exhibition date, period, and visitor opening hours may be changed, or the exhibition venue may be expanded to a separate area other than the main venue or several different areas may be used. Exhibitor respects KWEIA’s decision and is obligated to agree with KWEIA’s decision as long there is no critical reason not being able to achieve exhibitor’s goal of this registration.
  • e. Safety, fire, health, and other laws – Exhibitors must strictly comply with all fire, safety, health and other laws, rules, and regulations set by KWEIA, local departments and exhibition halls. Exhibitors must always adhere to appropriate, effective and strict safety standards related to exhibits and booths.
  • f. Prohibited Display – Military equipment, including munitions, aviation weapons, firearms ammunition and explosives, weapons systems, tactical missiles, rockets, knives or tactical equipment, must not be brought into the exhibition facility. KWEIA is willing to prohibit any other inappropriate items for exhibitions in terms of safety issues. Exhibitors must obtain necessary approval from the government and other regulatory agencies prior to exhibition date and maintain its approval throughout the exhibition period.
  • g. Exhibitor’s Responsibilities – Exhibitors must comply with the matters that were orally communicated by KWEIA or by Exhibitor’s representative, those matters stated in the document or in the exhibitor’s manual. The exhibitor is responsible for losses and expenses incurred to KWEIA and its related parties caused by the exhibitor’s non-compliant behaviors regarding regulations, violation or negligence of the provisions of the registration terms. The exhibitors are responsible for the dangerousness of items, assigning items, and stolen or damaged items.
03

Pavilions

  • a. Pavilions - Wind energy associations, national governments or agencies and entities may organize pavilions to host companies on the same stand surface. In addition to Articles 1 - 2, above, the following rules apply to organizers of pavilions and to co-exhibitors within a pavilion:
  • b. The pavilion organizer is responsible for coordinating the stand, which includes, but not limited to:
    • (i) Canvassing the space within the stand;
    • (ii) Constructing the stand;
    • (iii) Registering each co-exhibitor to the stand
    • (iv) Paying for the stand
  • c. Exhibitors must submit a comprehensive list of co-exhibitors to the Organizer by the exhibitor registration deadline (June 11, 2024) to ensure inclusion of the full list of co-exhibitors in the event publication. Failure to provide the list of the co-exhibitors by the deadline to the Organizer, may result in the co-exhibitor not being added to the list of exhibitors in the event publication. The guidelines on co-exhibitor data submission further outlines in the Directory Book.
  • d. The pavilion organizer may only resell space to co-exhibitors having a connection (membership, regional or national identity, etc.) with the organizer of the pavilion and from the same country as the pavilion organizer.
  • e. The pavilion organizer is subject to the same policies as regards cancellation and downsizing, unless specifically stated differently in a specific written addendum to the Exhibition Contract with KWEIA prior to the initial reservation of space.
  • f. A unique "branding identity" must be respected inside a pavilion. This branding will place a specific emphasis on the region being represented and not on individual corporate brands or branding.
  • g. The pavilion organizer commits to a total size of space upon registration. Additional aisles inside the space which may be created at a later stage by the organizer of the pavilion will be considered as part of the space reserved and invoiced accordingly.
  • h. A pavilion organizer may grant each registered co-exhibitor of its pavilion a minimum of 6 m2 stand surface, in line with the minimum stand surface at the event. Because of that rule, a maximum number of co-exhibitors per pavilion organizer will be calculated depending on the total surface of the stand. For example, a pavilion of 120m2 can have a maximum of 20 exhibiting companies (1 pavilion organizer and 19 co-exhibitors).
  • i. Additional services, not expressly mentioned in the terms, may be commissioned by an Exhibitor and / or an organizer of a pavilion from the organizer, which will be defined in a separate addendum to the Exhibition Contract.
04

Payment Terms

  • a. The exhibitor agrees to pay the exhibition participation fee according to the payment conditions stated in item 4. b.
  • b. KWEIA shall send a pro-formal invoice to the Exhibitor, which shall be payable within 30 days of the document date. If the registration is done within 5 to 2 weeks before the event starts, the pro-form invoice shall have 2 weeks as payment term. If the contract is signed within 2 weeks before the event starts, the pro forma invoice shall be immediately due.
  • c. VAT – This Exhibitor pays 10% VAT to KWEIA according to the quote or invoice separately from the original amount.
  • d. Delay in payment – If the exhibitor does not pay the amounts that were supposed to be paid within the payment due as stated in the quotation or invoice, the exhibitor may be disqualified from participation.
  • e. Cancellation of Participation – If the exhibitor decides not to participate in the exhibition without any justifiable reason, the stated amount in the terms, quotation, or invoice must be paid to the KWEIA. Examples of justifiable reasons include bankruptcy, cessation of business, insolvency and judicial management.
  • f. Loss – KWEIA shall not be held liable for any damages of the exhibitor’s property, loss of cargo or monetary expenses incurred in the process of carrying in or carrying out caused by reasons not attributable to KWEIA. Exhibitors are responsible for paying the entire contract amount to be paid in accordance with these terms even if loss of their property and monetary expenses are incurred due to exhibitor’s fault.
05

Term, Termination and Force Majeure

  • a. The Agreement shall take effect on the date that the Exhibitor completes the registration and shall continue until the completion of the event, unless terminated early in accordance with its terms.
  • b. End/ Postponement
    • - (i). At the discretion of KWEIA, if the exhibition hall and related facilities are not suitable for holding the exhibition, or if it is difficult for KWEIA to implement the provisions of this contract, or if the exhibition could be impacted by any cause not within the control of KWEIA, the contract and/or the exhibition may be terminated, canceled, postponed or otherwise adjusted. If the exhibition is terminated or canceled after opening the exhibition because of the above conditions, KWEIA shall not be liable to the exhibitor except for refunding the amount of the contract based on the number of remaining exhibition days. Refunds will not be made if the exhibition is terminated or canceled due to ‘force majeure’ or other special circumstances not attributable to the KWEIA, or if the exhibition is postponed or readjusted for justifiable reason.
    • - (ii). If KWEIA decides that the exhibitor is unable to perform or comply with his or her obligations provided by KWEIA, it is possible to terminate the registration. In this case, the termination shall not affect the claim for damages by KWEIA.
    • - (iii). ‘Force Majeure’ here refers to a circumstance beyond the reasonable control of a Party which occurs without the fault or negligence of the Party affected, and includes without limitation inevitable accident, storm, flood, fire, earthquake, explosion, peril of navigation, political instability, act of terrorism, hostility, war (declared or undeclared), insurrection, strikes and other industrial actions and failures of supplies of electricity, gas, water, fuel, transport, equipment and raw materials which adversely affect our supply chain, executive or administrative order or act of either general or particular application of any government, whether de jure or de facto, or of any official purporting to act under the authority of that government, prohibition or restriction by domestic or foreign laws, regulations or policies, pandemic, quarantine or customs restrictions, breakdown or damage to or confiscation of property.
06

Liability, Exclusion, and Limitations

  • a. Participating exhibitors are advised to take out "All Risk" insurance to cover all potential accidents from the point of departure, during transportation, throughout the exhibition period, and until the final return to the destination.
  • b. The KWEIA will provide 24-hour security services inside the exhibition hall through a professional security service company during the preparation and dismantling periods.
  • c. Basic responsibility for the safety of all items rests with the participating companies.
  • d. Participating exhibitors have the final responsibility to protect their exhibits through insurance, ensuring protection and preventing loss, especially for valuable and easily stolen items immediately after the exhibition closes.
  • e. The 2024 Korea Wind Energy Industry Association (KWEIA) is not responsible for damages to exhibits caused by natural disasters, arson, theft, or vandalism.
  • f. KWEIA shall not be held liable for any other losses or expenses by any cause not within the control of KWEIA. (b) In these terms, “any cause not within the control of KWEIA” refers to Force Majeure as stated in item 5.a.iii.
  • g. Rejection or expel – KWEIA may reject or expel all or some of the exhibits, or the exhibitor or those related parties for a smooth and safe exhibition. KWEIA shall not refund the contract amount at all despiteparagraph 17. (a) if the exhibitor or the exhibiting item (including related persons) is rejected or expelled because it violates the provisions of the terms or makes it impossible to achieve the purpose of the registration.
  • h. Transfer of rights – As this right to participate in the exhibition is granted to the exhibitor only, the exhibitor shall not grant rights to other exhibitors or transfer or sublet any part or all of the exhibition space.
  • i. Visitors – KWEIA does not guarantee the number of visitors to the exhibition or the level of other commercial activities but makes reasonable efforts to secure them.
  • j. Exhibitor’s Manual and Exhibition Space Planning – For additional rules and regulations related to the exhibition, refer to the exhibitor manual and other documents provided by KWEIA. KWEIA may, if necessary, make additional rules and regulations related to the exhibition (immediate enforcement). These rules and regulations are considered to constitute a part of these terms, and when KWEIA notifies the exhibitor, the exhibitor is obligated to comply.
  • k. Partial Invalidation – If any provision of these terms becomes invalid or rendered unenforceable, the validity and enforceability of the other provisions will not be affected.
  • l. Revised provisions – These terms may be revised only in the form prescribed by KWEIA.
07

Governing Law and Dispute Resolution

  • a. These terms are governed by and interpreted according to the laws of the country in which KWEIA established a legal entity.
08

Data Protection

  • a. Each Party warrants to the other Party that it will comply with all relevant laws and regulations relating to data protection and the promotion of the service and will indemnify and keep indemnified and defend (at its own expense) the other Party against all costs, claims, damages or expenses incurred by the other Party or for which KWEIA may become liable due to any failure by it or its employees or agents to comply with any of its obligations under the Exhibitor Agreement or any applicable laws and regulations. For the Parties to fully and faithfully execute the Exhibitor Agreement, it is understood by both Parties that certain personal data may be required to be transferred to the exclusive suppliers of KWEIA. This data will be used solely for the purposes of executing this contract, including but not limited to publication in the exhibition catalog, freight forwarding, stand build-up/break-down, direct links to the venue for logistical purposes, registration, security, and health & safety.
  • b. Any personal data processed will be handled in accordance with the Singapore Personal Data Protection Act 2020 (PDPA). Personal data will not be disclosed to third parties outside of what is necessary for the execution of the Exhibitor Agreement, without the Exhibitor’s express consent.
  • c. KWEIA commits to proper storage and the secure disposal of personal data in accordance with the organization’s Retention and Destruction Schedule after the completion of the event to meet PDPA compliance.
  • d. Exhibitors, where applicable and where their personal data have been collected, have the right to request information about the personal data held by KWEIA, access and obtain a copy of their personal data, request correction and update of their personal data, withdraw consent, as well as make a complaint about the handling of their personal data. Requests or complaints should be directed to KWEIA's designated Data Protection Officer (DPO) at (owsc_kr@naver.com)
09

Confidentiality

  • a. The Exhibitor shall keep strictly confidential all information that is marked as such or which is commercially valuable in nature or content (the "Confidential Information"). The Exhibitor shall impose the same obligations on its employees and subcontractors. The Exhibitor may disclose Confidential Information if required to do so by law, court order, regulation or governmental authority provided (to the extent permissible by law) that it has notified KWEIA in advance and agreed the scope of the disclosure with KWEIA.
10

Intellectual Property Rights (IPRs)

  • a. The Parties acknowledge that:
    • • all IPRs in the Exhibitor brand shall be solely and exclusively owned by the Exhibitor, together with any goodwill therein, and KWEIA shall not acquire any rights therein, including any developments or variations; and
    • • • all IPRs in the Service brand shall be solely and exclusively owned by KWEIA, together with any goodwill therein, and the Exhibitor shall not acquire any rights therein, including any developments or variations.
  • b. Without prejudice to article 1.16, all IPRs in or arising out of or in connection with the event shall be owned by KWEIA.
  • c. Both parties shall indemnify and keep the other Party indemnified from and against all claims, damages, losses, costs (including all reasonable legal costs), expenses, demands or liabilities arising out of any claim, caused by the other Party’s use of the indemnifying Party’s intellectual property rights in accordance with the Exhibitor Agreement and that would infringe any intellectual property rights of any third Party.
  • d. If during the Term, either Party becomes aware of any threatened or actual unauthorized use or any misuse of the other’s IPRs, then it shall promptly notify the other in writing. The non-owner of the IPRs will, at the owning Party’s reasonable request and cost, provide all reasonable cooperation (including, without limitation, the provision or completion of any documentation) in any action, claim or proceedings brought or threatened in respect of such IPRs, but shall not be obliged to take any further action.