Terms and conditions of participation

Transcription

1 Düsseldorf // Terms and conditions of participation The world s leading pharmacists are guests at expopharm.

2 Düsseldorf // Terms and conditions of participation CONTENT 01. Event name 02. Organiser & organisation 03. Technical services 04. Event location 05. Duration and opening hours Product ranges 07. Participants 08. Participation price and other costs for exhibitors 09. VAT ID number Registration 11. Admission & complaints 12. Place allocation and changes 13. Terms of payment Co-exhibitors & joint stands 15. Joint stands Withdrawal, termination & non-participation 17. Exhibits & transportation to the exhibition 18. Surveillance 19. Exhibitor passes 20. Entering third-party exhibition stands 21. Selling regulations Advertising in the exhibition centre 23. Catalogue 24. Construction & design of the stands 25. Technical services, services & technical devices Waste disposal & cleaning 27. Exhibition insurance & disclaimer 28. Liability insurance 29. Industrial property rights 30. Provisos 31. House rules Photographs, films, drawings and video recordings 33. Breaches of the terms & conditions of participation 34. Oral agreements 35. Limitation 36. Place of fulfilment & place of jurisdiction 37. Written form requirement 38. Severability clause 9 Exhibition centre plan EVENT NAME expopharm 2015 International pharmaceutical trade fair 2. ORGANISER & ORGANISATION Organiser ABDA Federal Union of German Associations of Pharmacists Jägerstraße 49/ Berlin Organisation Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh Carl-Mannich-Straße Eschborn PO Box Eschborn Tel. +49 (0) Fax +49 (0) [email protected] Internet: 3. TECHNICAL SERVICES Messe Düsseldorf GmbH Messeplatz Stockumer Kirchstraße Düsseldorf Tel.: +49 (0) Fax: +49 (0) [email protected] Internet: 4. EVENT LOCATION Messe Düsseldorf GmbH Exhibition centre Halls 3, 4 and Düsseldorf 5. DURATION & OPENING HOURS SET-UP 8 a.m. on 25 September 2015 to 6 p.m. on 29 September 2015 MAIN EVENT 9 a.m. to 6 p.m. from 30 September to 03 October 2015 DECONSTRUCTION 6 p.m. on 03 October 2015 to 6 p.m. on 05 October

3 6. PRODUCT RANGES (EXHIBITS) Exhibits may be presented and services, media, companies and industries (hereinafter referred to as exhibits ) may be advertised from the following ranges of products and services at expopharm: 1. Pharmaceuticals 2. Laboratories, medical care 3. Nutrition, hygiene 4. Pesticides and insecticides 5. Pharmacy features and equipment 6. Services Any promotion of goods, services, media, companies or industries not originating from the specified ranges of products and services is prohibited at expopharm. This also applies to any promotion of racist, pornographic or immoral content. 7. PARTICIPANTS Those interested can participate in expopharm as - an exhibitor with their own stand (also referred to as exhibitor or main lessee ), - an authorised co-exhibitor under section 14 or - an authorised joint exhibitor under section 15 and exhibit or advertise authorised exhibits from the ranges described under section 6. Participation in expopharm as an exhibitor requires a valid registration and an agreement on the lease of a stand for the presentation of exhibits. Participation as a co-exhibitor or joint exhibitor is only possible under the conditions set out under sections 14 and PARTICIPATION PRICE & OTHER COSTS FOR EXHI- BITORS The following participation prices apply to exhibitors at expopharm 2015: Row stand (one side exposed) per m² of floor space 159 Corner stand (two sides exposed) per m² of floor space 169 End stand (three sides exposed) per m² of floor space 175 Block stand (four sides exposed) per m² of floor space 185 Every exhibitor must purchase the following in addition to the desired floor space: Visitor Promotion Package unlimited number of free admission vouchers for customer invitations (compulsory registration) 499 (plus stand rent) Exhibitors may not participate without booking the Visitor Promotion Package. The participation price includes the following: 1 Premium entry passes (see section 19 for exhibitor passes) 2 Entry into the official exhibitor directories (e.g. the trade fair catalogue) 3. Organisation, provision and realisation of an international meeting point for the purposes of networking between exhibitors and visitors 4 General technical utilities for the exhibition areas and halls The minimum size of a stand is 9 m². Stand areas of less than 9 m² will only be provided if smaller areas are left over during the planning stages. Every square metre even partially occupied will be charged in full. For the purposes of payment, all non-right-angled areas will be counted as full right-angled areas. Ledges, pillars, columns and surfaces for installation connections will also be counted. With regard to two-storey stands, the participation price shall increase by 40 per cent per square metre built on. The leased areas do not feature physical stand borders. The exhibitors must construct these at their own expense if they wish to have them. Hall pillars and other fixtures in the leased stand area shall not entitle the exhibitor to a reduction in the participation price. Energy costs 4.90 per square metre of reserved area as a proportional lump sum for energy costs. The participation price and all other fees are net. The statutory VAT applicable to these amounts must also be paid. All prices indicated are net. Statutory VAT shall also be charged if and when it is applicable. 9. VAT ID NUMBER As a rule, Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh is rendering a standard service to exhibitors (entrepreneurs) an event in accordance with Section 3a. 4. paragraph (2) of the VAT application decree (UStAE) issued by the Federal Ministry of Finance. The place of performance for these services is the main office of the recipient of the service. Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh shall therefore invoice foreign 3

4 Düsseldorf // Terms and conditions of participation exhibitors (entrepreneurs) using the reverse charge procedure and without indicating German VAT. For exhibitors from the European Union to be accepted as entrepreneurs, they are required to provide a valid VAT ID number on the registration form. The exhibitor is obliged to immediately inform Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh in writing of any changes to its VAT ID number. If, in exceptional cases, services are not rendered as part of a standard service as described above and statutory VAT applies as a result, foreign exhibitors can be reimbursed with the VAT charged to them if they meet the statutory criteria. 10. REGISTRATION The closing date for registration is 15 January Exhibitors can only register using the enclosed form and in recognition of the Terms and Conditions of Participation and the Technical Guidelines (see section 25) described further below. Completed registration forms bearing a valid signature are to be submitted to: Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh Carl-Mannich-Straße Eschborn PO Box Eschborn Reservations made before receipt of the official registration and confirmation of admission (see section 11) shall remain non-binding to all parties involved. The exhibits, services, companies and industries are to be specified precisely in the registration. Registrations under conditions and with qualifications cannot be taken into consideration. Any requests for particular spaces that are taken into account as much as possible cannot be recognised as conditions of participation. Participants are not entitled to the exclusion of competitors. The registration is binding, regardless of admission by Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh. The applicant shall be bound to its registration until one month after the closing date for registrations. After the registration is received, the applicant may only retract it under the provisions of section 16. The data contained in the registration shall be stored electronically and only passed on to third parties if necessary for the purposes of performing the agreement. 11. ADMISSION & COMPLAINTS Manufacturers, dealers, importers and service providers with general rights to sell and distribute the products and services to be exhibited in Germany, and whose exhibits and services befit the theme of the exhibition, shall be admitted. If companies wish to participate through their general or regional representatives, the written consent of the manufacturer or service company confirming that the general or regional representative is the sole distributor for the Federal Republic of Germany is to be submitted with the binding registration. This is designed to avoid the presence of identical stands with products from the same production line. Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh shall decide whether or not to admit companies and exhibits. No legal entitlement to admission exists. Admission as an exhibitor shall be confirmed in writing after the closing date for registration and it shall only be valid for the exhibitor named in the confirmation. By issuing the admission confirmation, the agreement between Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh and the exhibitor shall be concluded. The admission confirmation shall include a hall plan indicating the position of the stand. Objections are to be filed in writing with Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh within one week of receiving the admission confirmation. Any objections filed after this time shall not be considered. Werbeund Vertriebsgesellschaft Deutscher Apotheker mbh is entitled to revoke admissions if granted on the basis of false circumstances or information or if the admission criteria are no longer met. The organiser makes no guarantee that the goods listed in the admission confirmation are allowed to be dispensed in pharmacies under pharmaceutical law, competition law and in line with professional ethics. 12. PLACE ALLOCATION & CHANGES If the allocated place is unavailable for reasons for which Werbeund Vertriebsgesellschaft Deutscher Apotheker mbh is not responsible, the exhibitor shall be entitled to reimbursement of the participation price. In this case the exhibitor shall have no claim for damages. Werbeund Vertriebsgesellschaft Deutscher Apotheker mbh can, if necessary under the circumstances and the admission notwithstanding, allocate a different place or slightly alter the size of the stand. Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh reserves the right to rearrange the thoroughfares and entrances to and exits from the exhibition centre and the halls. 13. TERMS OF PAYMENT The first invoice for 50% of the participation price shall be issued to the exhibitor together with the admission and place confirmation. A second invoice for the remaining 50%, payable by 14 August 2015 at the latest, shall be issued to the exhibitor in good time. All invoices issued by Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh shall be payable as of the date of service or delivery and must be settled within 14 days of receipt of the invoice, regardless of whether they are invoices for the participation price 4

5 or other services or deliveries commissioned separately. If invoices are sent to a third party on the instructions of the purchaser, the purchaser shall remain the debtor together with or instead of the third party. Please enter expopharm and the invoice number as the reason for transfer and send all payments to: Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh Carl-Mannich-Straße Eschborn at the account specified below: Deutsche Apotheker- und Ärztebank Account no BLZ IBAN: DE BIC: DAAEDEDD In the event of default, interest shall be charged at a rate of 8% above the base interest rate. In the event of full or partial failure to adhere to the payment deadlines, Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh can revoke the entire area allocated and make alternate use of it. Section 14 of these Terms and Conditions applies with regard to the reimbursement of costs. Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh can make its issuance of exhibitor passes dependent on the punctual payment of all invoice amounts. For all unfulfilled obligations, Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh can withhold the standard equipment and exhibition goods of the exhibitor due to its right of lien. Section 562a line 2 of the German civil code (BGB) does not apply. If payment is not rendered within the specified deadline, Werbeund Vertriebsgesellschaft Deutscher Apotheker mbh shall be entitled to sell the withheld items in the open market after issuing a written notice. 14. CO-EXHIBITORS & JOINT STANDS Without the consent of Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh it is not permitted to transfer an allocated stand or parts thereof in exchange for payment or free of charge. The exhibition and promotion of goods, services, media, companies or industries not listed in the admission and which contradict the exhibit shall also be deemed a cessation of the right to use. Upon the submission of a formal request, Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh can permit the exhibitor to involve a co-exhibitor in its stand. The permission always requires that the co-exhibitor undertakes to adhere to the Terms and Conditions of Participation of expopharm. The exhibitor shall assume liability in this regard. Co-exhibitors are all companies which exhibit or appear beside the main lessee at the stand. They shall also be deemed co-exhibitors if they have a close economic or organisational relationship with the main lessee. Companies which have their products exhibited by other companies at the trade fair and which do not send any of their own staff to the trade fair shall not be admitted as co-exhibitors. The manufacturers of machines, devices and other products merely active for the purposes of demonstrating the range of goods of an exhibitor at the stand shall not count as co-exhibitors. The exhibitor must apply to Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh in writing for permission to involve a co-exhibitor. The exhibitor must pay a co-exhibitor fee of 190 plus statutory VAT to Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh. The debtor of the co-exhibitor fee shall always remain the main lessee of the stand. Additionally, co-exhibitors can purchase the following: Visitor Promotion Package for Co-Exhibitors unlimited number of free admission vouchers for customer invitations (compulsory registration) 199 (plus 190 co-exhibitor fee) In cases of doubt, the decision of Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh shall be final. Any unauthorised involvement of a co-exhibitor shall entitle Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh to terminate the agreement with the exhibitor with immediate effect and have the stand cleared out at the expense of the lessee. In this respect, the lessee of the stand waives its rights arising from unlawful interference with the possession of another. Upon receipt of the fees, co-exhibitors can be included in the catalogue in accordance with the conditions of registration, provided that all documents are submitted punctually. 15. JOINT STANDS Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh can approve larger joint stands if they fit into the arrangement of professions in the event. If a stand is allocated to two or more companies together, each company shall be liable towards Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh as a joint and several debtor. The companies exhibiting together are to nominate a joint representative in the registration form. The approval of a joint stand requires a formal application from all joint exhibitors. The participation price of a joint stand equals the participation price of an exhibitor (including other costs). 5

6 Düsseldorf // Terms and conditions of participation 16. WITHDRAWAL, TERMINATION & NON-PARTICIPA- TION Exhibitors can withdraw from their registration until admission takes place. Exhibitors must pay a withdrawal fee of 2, plus VAT. After admission, the exhibitor cannot withdraw from the registration or reduce the area of the stand. The full participation price and the actual expenses accrued are to be paid. If the exhibitor neglects to occupy the stand area allocated to it and if Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh can rent out the area to another party, the exhibitor shall be obliged to pay 25% of the participation price as a lump sum of compensation, or at least the withdrawal fee described above. The stand area is not to be considered rented out to another party if the unoccupied areas were merely occupied by other exhibitors in order to maintain the same overall visual appearance, rather only if the entire exhibition area was already fully booked and additional exhibitors could only be accommodated as a result of the neglect. If a co-exhibitor fails to participate, the co-exhibitor fee must still be paid in full. If an application is filed to initiate insolvency proceedings with regard to the assets of the exhibitor or if such an application is rejected for lack of assets, Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh shall be entitled to terminate the agreement with immediate effect. In all cases, the exhibitor must immediately inform Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh of the application to initiate insolvency proceedings in writing. If the Terms and Conditions of Participation provide for the obligatory purchase of a Visitor Promotion Package (for exhibitors and/or co-exhibitors), these costs must also be paid in the event of a withdrawal if the free admission vouchers have already been provided. This also includes the case that a co-exhibitor fails to participate and the free admission vouchers were already provided. This does not affect liability for catalogue costs, stand construction costs and other costs that have been accrued, especially through the engagement of third parties or due to services already rendered. The exhibitor may provide evidence that an instance of damage did not occur or only to a considerably lesser extent. The Visitor Promotion Package and Visitor Promotion Package for Co-Exhibitors cannot be cancelled. 17. EXHIBITS & TRANSPORTATION TO THE EXHIBITION Goods cannot be exhibited if they are not listed in the admission. Goods which were not admitted can be removed by Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh at the expense of the exhibitor. Admitted exhibited articles may not be removed during the event. Only the contract carrier of Messe Düsseldorf GmbH may be called in to transport articles within the exhibition centre, i.e. unloading technical devices and presenting them to customs, transporting them to the stand and clearing them for temporary or definitive import. 18. SURVEILLANCE Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh shall post guards at the doors and in the halls. However, in light of the size of the exhibition centre and the number of people located therein, Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh cannot guarantee foolproof surveillance and control. Therefore, every exhibitor must ensure that their stand and exhibits are guarded. Such guards can only be requested from the security company authorised by Messe Düsseldorf GmbH; the costs are to be paid directly to that company. Documents containing more information shall be sent to the exhibitor in due course. The general security engaged by Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh shall not limit the disclaimer of liability for all damage to persons and property (see section 27). 19. EXHIBITOR PASSES Exhibitor passes are meant only for the exhibitors, their stand personnel and stand agents. After payment of the participation price, each exhibitor shall receive a maximum of six exhibitor passes free of charge for a stand of up to 20 m². Another exhibitor pass shall be provided free of charge for each additional increment of 10 m² even partially occupied. The involvement of co-exhibitors shall not cause the number of free exhibitor passes to increase. Additional exhibitor passes can be requested from Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh at a cost of 29 each plus VAT. Vouchers and voucher codes may not be used by the actual staff in place of an exhibitor pass. 20. ENTERING THIRD-PARTY EXHIBITION STANDS Third-party exhibition stands may not be accessed outside of the daily trade fair opening hours without the consent of the stand owner. 21. SELLING REGULATIONS Each exhibitor may only accept orders for the products listed in the admission. Exhibition goods may only be shipped after the end of the event. Otherwise, the statutory provisions are to be adhered to. Direct selling is not permitted. Only WuV GmbH or companies engaged by WuV GmbH for this purpose are permitted to sell tickets and free admission vouchers to expopharm. Abuse of the Visitor Promotion Package in order to sell tickets is punishable. 6

7 The purchaser of a Visitor Promotion Package undertakes to pay a contractual penalty of 250 for each breach of the prohibition on the sale of tickets and distribution of free admission vouchers in exchange for payment; in such cases the contractual penalty shall be payable for each ticket sold in contravention of the ban or obtained using a free admission voucher. 22. ADVERTISING IN THE EXHIBITION CENTRE Printed and promotional material may only be distributed within the allocated stand area and not in the thoroughfares or wider exhibition centre. With regard to outdoor advertising, more information can be found in the Technical Guidelines. Visual, moving and audible advertising material is permitted as long as it does not disturb the neighbouring stands and as long as the volume does not exceed 70 decibels at the borders of the stand. No promotional activity of any kind is permitted outside of the exhibition stand (e.g. in the hallways). In the event of a breach of these rules, Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh can intervene and demand changes (see section 33). Only moral, exhibition-related advertising measures which do not violate the statutory provisions and which are not of an opinionated or political nature are permitted. Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh is also entitled to prohibit the distribution and display of promotional material which could result in complaints and confiscate existing stocks of such promotional material for the duration of the event. The exhibitor shall be solely responsible for obtaining consent for all types of musical reproduction from GEMA Bezirksdirektion Dortmund Südwall Dortmund Homepage: [email protected] in exchange for a fee. The law concerning the promotion of healthcare (HWG), part 1 page 3068 and part 1 page 984 of the the German federal law gazette (BGBI) are to be adhered to. 23. CATALOGUE Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh shall issue the official trade fair catalogue for expopharm. Exhibitors can consult A. Sutter Fair Business GmbH Bottroper Straße Essen Tel. +49 (0) Fax +49 (0) [email protected] Internet: for information on entry and insertion options. Only products listed on the admission of Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh can be entered. The organiser or Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh shall only be liable to pay damages for erroneous, incomplete or failed entry if they or their employees acted with intent or gross negligence. In all cases, the amount of compensation shall be limited to the typical foreseeable damage. Compensation for any indirect damage, especially lost earnings, is excluded. 24. CONSTRUCTION & DESIGN OF THE STANDS In order to ensure a good overall impression, the trade fair management shall define guidelines for the construction and design of stands which will contain obligatory requirements. Exhibitors can find them in the Technical Guidelines. These Guidelines are a component of the agreement. The applicable statutory provisions and administrative regulations are binding for the exhibitors. The exhibition stand is to be staffed with a sufficient number of sales representatives and kept available to visitors during the opening hours of the event. The maximum permissible construction height is 6 metres, as long as this is permitted by the height of the ceiling and any fixtures. The Technical Guidelines feature additional provisions on stand construction. All other stands and constructions require consent, especially if special structures or meeting enclosures are provided for in the stand and if static calculations are necessary. In order to apply for permission, the plans for the exhibition stand are to be submitted in duplicate to the technical exhibitor service department of Messe Düsseldorf GmbH before the work is carried out, or at least six weeks before the beginning of the event. These verifiable documents shall consist of floor plans, views and the structural profile with all measurements. The stand construction work may only commence once the exhibitor receives a copy with the mark of approval of Messe Düsseldorf GmbH. The design of the stands is the responsibility of the exhibitor and must be appropriate to the event. Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh reserves the right to intervene in the design of the stands. 25. TECHNICAL SERVICES, SERVICES & TECHNICAL DEVICES Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh shall be responsible for the general heating, cooling and lighting of the halls. Installations of supply and disposal connections may only be ordered through Messe Düsseldorf GmbH. 7

8 Düsseldorf // Terms and conditions of participation Installations within the stand can also be carried out by approved and recognised specialist firms which must be disclosed to Messe Düsseldorf on request. Messe Düsseldorf is entitled but not obliged to carry out checks. In cases of damage, the exhibitor shall be liable for the damage caused by the installation. Consumption costs and costs for installations and other services shall be invoiced separately by Messe Düsseldorf. Service contracts to Messe Düsseldorf or the organiser shall only be accepted if they are awarded using forms from the order pad (which is included in the trade fair documentation) or using the order form available on the internet. Connections, machines and devices which are not permitted in Germany, which do not meet the VDE requirements or whose consumption is higher than stated can be removed at the expense of the exhibitor. The exhibitor shall be liable for all damage caused by the uncontrolled consumption of energy. Any complaints regarding the technical services are to be filed immediately. 26. WASTE DISPOSAL & CLEANING Each exhibitor must independently dispose of its waste. Exhibitors can find information on waste receptacles in the exhibition centre in the Technical Guidelines. On behalf of Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh, Messe Düsseldorf is responsible for cleaning the exhibition centre, the halls and the thoroughfares. The exhibitor is responsible for cleaning the exhibition stand and this must be completed on a daily basis before the beginning of the event. If the exhibitor has the stand cleaned by third-party staff, only companies approved by Messe Düsseldorf can be contracted with the cleaning work. 27. EXHIBITION INSURANCE & DISCLAIMER Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh has concluded an exhibition insurance framework agreement against the conventional insurable risks such as fire, burglary, petty theft, leakage and breakage and water damage, including the risks of travel to and from the exhibition centre. Each exhibitor can apply to have its participation risk covered under this framework agreement at its own expense. A corresponding form is included in the Technical Guidelines. Exhibitors failing to make use of the insurance cover offered by this framework agreement, either punctually or at all, confirm to Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh that they are waiving the right to file all claims which would have been covered if they had made use of the insurance cover on offer. Otherwise, Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh shall only be liable for direct material damage in cases of intent or gross negligence. All damage occurring must immediately be reported to the police, the insurance company and the trade fair management in writing. Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh accepts no duty of care for exhibits and stand furnishings and rejects all liability for damage and loss. The security measures of Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh shall not limit this disclaimer. The exhibitor shall also be liable for third-party damage caused to the exhibitor, provided that the third party is liable to the exhibitor for it. 28. LIABILITY INSURANCE The organiser has a liability insurance policy for its legal liability. The exhibitor is included in this insurance policy, yet it is subsidiary to the exhibitor s own liability insurance. Otherwise, the general terms and conditions of liability insurance shall apply. This liability insurance only covers third-party damage. The personal liability of the stand personnel of the exhibiting companies is not insured. Furthermore, the insurance cover does not encompass exhibition centre restaurants or special events not held by the trade fair management. 29. INDUSTRIAL PROPERTY RIGHTS The protection of inventions, samples and trademarks at trade fairs is based on the applicable statutory provisions in Germany. No special exhibition protection exists. Patent applications should be submitted with the patent office before the start of the event. 30. PROVISOS For compelling reasons for which it is not responsible, Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh shall be entitled to postpone, shorten, extend, temporarily fully/partially close or cancel the exhibition entirely. In such legitimate exceptional cases and in all cases of force majeure, the exhibitors shall not be entitled to withdraw or claim damages or reductions in the participation price. If the trade fair does not take place due to the aforementioned reasons, the organiser can withhold or claim if the purchase price has not yet been paid up to 25% of the purchase price as general compensation. A higher percentage can only be demanded if the exhibitor has contracted additional premium services. If Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh is responsible for the cancellation of the event, the exhibitors shall not be liable to pay the participation price. Claims for damages against Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh shall be excluded unless it caused the damage through intent or gross negligence. In such cases too the amount of damages shall be limited to the typical foreseeable damage. No claims may be made for indirect damage, especially claims for lost earnings. 31. HOUSE RULES Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh shall enforce house rules in the exhibition centre during the set-up, main event and deconstruction of the event, whereby anyone violating the regulations of the event can be denied access or asked to leave. No animals may be taken into the exhibition centre. Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh is entitled to issue instructions. 8

9 32. PHOTOGRAPHS, FILMS, DRAWINGS AND VIDEO RECORDINGS Only persons authorised to do so and in possession of a valid pass issued by Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh may produce films, take photographs, create drawings and record videos within the exhibition centre. Taking photographs or making other recordings of the stands of other exhibitors is not permissible under any circumstances. If anyone infringes on this regulation, Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh can demand that they surrender the recorded material. Stand recordings to be made outside of the daily opening hours and requiring particular lighting require the consent of Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh. Such recordings require the activation of the ring main and therefore the presence of the hall electrician. The costs accrued in this respect shall be borne by the exhibitor unless they are covered by the photographer. Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh is entitled to photograph, draw, film and record trade fair events, the stands and the exhibits and use these for advertising purposes and general press releases. 33. BREACHES OF THE TERMS AND CONDITIONS OF PARTICIPATION 37. WRITTEN FORM REQUIREMENT All declarations must be made in writing. 38. SEVERABILITY CLAUSE If any provision of these Terms and Conditions should be or become ineffective, either fully or in part, this shall not affect the effectiveness of the remaining provisions of these General Terms and Conditions. The parties shall negotiate in good faith in order to replace the ineffective provision with an effective provision which best approximates the economic purpose of the ineffective provision. If the ineffectiveness of a provision is based on an extent of services or time (a date or period) indicated therein, the closest legally permissible extent to the provision shall take its place. Eschborn in August 2014 WERBE- UND VERTRIEBSGESELLSCHAFT DEUTSCHER APOTHEKER MBH In the event of serious breaches of these Terms and Conditions of Participation, Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh shall be entitled to immediately close your stand and independently clear it out without requiring legal aid. In such cases, all types of claim shall be excluded, especially claims for damages. 34. ORAL AGREEMENTS All agreements, individual permissions and special provisions require the written confirmation of Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh. 35. LIMITATION All claims of the exhibitor against Werbe- und Vertriebsgesellschaft Deutscher Apotheker mbh and Messe Düsseldorf shall become time-barred after six months. The limitation period shall commence at the end of the month in which the trade fair ended. The general terms and conditions of Messe Düsseldorf shall apply to services rendered by it. 36. PLACE OF FULFILMENT & PLACE OF JURISDICTION The place of fulfilment shall be Eschborn unless the nature of the services requires a different location. The place of jurisdiction for all mutual obligations shall be Frankfurt am Main.The law of the Federal Republic of Germany applies. The German text is binding. 9

10 Düsseldorf // Terms and conditions of participation EXHIBITION CENTRE PLAN EINGANG NORD CCD SÜD CCD SÜD MESSEHALLEN 3, 4 & 5 EINGANG SÜD 10

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