1.0 GENERAL TERMS & CONDITIONS
1.1 The proposal provided by Outstanding Displays Pty Ltd as the Trustee for Cadmot Unit Trust (hereby referred to as “Outstanding Displays” is based on information provided by the Client. If the details change, Outstanding Displays reserves the right to review the quote provided.
1.2 All designs supplied to the Client remain the property of Outstanding Displays, and must never be provided to third party display building companies to quote on.
1.3 Quotes are given subject to venue approval, site inspection and availability of labour, materials and equipment. Quotes may be amended or withdrawn by Outstanding Displays based on these factors.
1.4 All costs listed in the quote are for the hire of materials and equipment, except where otherwise stated.
1.5 All stated materials and equipment are quoted on a labour and stock availability basis and cannot be confirmed until both the signed terms and conditions form and/or digital quote has been accepted and deposit payments are received.
1.6 Custom built display stands are temporary structures designed for 2 – 3 uses, after this period the display stand may begin to deteriorate due to general wear and tear. All wear and tear beyond this will incur a fee for maintenance and repairs as needed, or the supply of new materials and equipment. All refurbishment costs are the responsibility of the Client and will be pre-quoted prior to works commencing. Outstanding Displays will take every measure possible to ensure the Client’s materials and equipment is cared for in such a way that minimal refurbishment is required.
1.7 The Client is responsible for loss and damage to all materials and equipment from the time is arrives onsite. The responsibility for insurance against rain or water damage including storm and tempest, fire, earthquake, theft, or damage whilst in use is the Client’s responsibility.
1.8 All materials and graphics supplied by Outstanding Displays for the Client, which are stated in the proposal as non-hire items, become the Client’s property after the display is dismantled. Packing and transport from the build location to the Client’s premises or storage facility after the dismantle is not included in the proposal unless otherwise specified. If the Client does not wish to keep supplied materials they will be recycled or discarded immediately after the dismantle of the display.
1.9 The Client shall use the materials and equipment supplied by Outstanding Displays and third party suppliers in accordance with Outstanding Displays or the third party’s manufacturer’s instructions. The Client shall refrain from modifying, amending or changing the display after handover onsite in any way without the prior approval from Outstanding Displays. Any onsite modifications or changes to the display must be conducted by an authorised contractor or staff member of Outstanding Displays.
1.10 The Client shall allow Outstanding Displays access to the display at any time to inspect the materials and equipment. Should, in the opinion of Outstanding Displays, the supplied materials and equipment are identified as being used in an unsafe manner which may result in injury or damage, Outstanding Displays reserves the right to evacuate people from on and around the display until such time that the display is deemed safe, or in any action taken to evacuate people from on or around the display, or otherwise to address the risk to health and safety, as Outstanding Displays are permitted under 1.9 herein.
1.11 The Client agrees to indemnify Outstanding Displays against any liability, actions, claims, damages, cost and demands suffered or incurred by the Client as a result of any third party claim(s) arising from use of the materials and equipment supplied by Outstanding Displays or from any action taken to evacuate people from or around the display, or otherwise to address the risk to health and safety, as Outstanding Displays are permitted under 1.10 herein.
1.12 The Client agrees to allow Outstanding Displays to photograph the finished display and use such photographs for advertising purposes.
1.13 The Client agrees to allow Outstanding Displays to erect promotional materials advertising the skills and services of Outstanding Displays throughout the install and dismantle period of the display.
1.14 Outstanding Displays identification, trade name, trade mark and signage may appear on the materials and equipment supplied to the Client. The Client must not conceal or obliterate these. The Client cannot claim any charges from Outstanding Displays for advertising in respect of these.
1.15 Goods (including empty pallets, crates and boxes) that require storage at the exhibition/event venue or at an offsite temporary storage facility during the event dates will incur ‘onsite storage’ costs. The volume of items will be estimated and costs included in the proposal quote. However, additional costs may be passed onto the Client following the event should the estimated volume increase for onsite and temporary offsite storage.
1.16 The proposal details all costs under relevant sub-headings. Outstanding Displays reserve the right to review the pricing should supplier costs increase during the project period. This is especially relevant for interstate and international freight, fuel levy and material costs.
1.17 All amounts specified in the proposal supplied by Outstanding Displays are exclusive of Australian GST, unless otherwise stated, and the client will be required to pay Australian GST as applicable.
1.18 All amounts specified in the proposal supplied by Outstanding Displays are exclusive of bank fees, unless otherwise stated, and the client will be required to pay any associated bank fees when making electronic payments of invoices.
1.19 Quotations are valid for a period of 30 days from date of issue.
2.0 RESPONSIBILITIES OF OUTSTANDING DISPLAYS AND OF THE CLIENT
2.1 The Client is responsible for maintaining all materials and equipment which are supplied and owned by Outstanding Displays on a short-term, rental arrangement, in good condition (fair wear and tear excepted), throughout the period of which the display is erect, and at all times during which it is onsite or in the Client’s possession.
2.2 The Client is responsible for monitoring the security of the site at the time of installation, dismantle and when the materials and equipment is in use and not in use. Outstanding Displays shall not be held liable for any theft of materials and equipment, including stock belonging to the Client at any time.
2.3 Outstanding Displays shall endeavour to deliver materials and equipment as per the executed quote and approved concept design, and install the materials and equipment on the relevant exhibition / event installation date.
2.4 Outstanding Displays shall not be responsible for delays, delivery failures or damage caused by accidents, strikes, transport failures or adverse weather conditions.
2.5 Outstanding Displays shall repair materials and equipment or replace the relevant item at no cost to the Client at the earliest possible occasion should the repair/fault be as a result of carelessness of a contractor or company engaged by Outstanding Displays. The Client must not attempt to repair damaged materials or equipment by themselves.
2.6 Unless otherwise stated, Outstanding Displays will manage the manufacturing, supply, delivery, install and removal of the materials and equipment to the Client’s assigned exhibition space/display location.
2.7 Outstanding Displays will provide copies of current $20 million Public Liability Insurance, Workers Compensation and general Business Insurance to the Client upon request.
2.8 Outstanding Displays will ensure all staff and contractors working on behalf of Outstanding Displays adhere to Outstanding Displays OH&S Policies & Procedures, and conduct themselves appropriately whilst onsite building and dismantling the Client’s display.
2.9 Outstanding Displays warrants to the Client that the materials and equipment supplied will be of satisfactory quality and in good working order, free from defects in design, materials and workmanship, correspond with the proposal, and meet Australian Standards.
2.10 No responsibility is taken for any Client stock, items or supplies left on the display stand during the dismantle period.
2.11 Whilst Outstanding Displays will take care to wrap, label and store items at allocated onsite storage locations, Outstanding Displays take no responsibility for loss, damage or missing items.
2.12 The Client is responsible for obtaining approval of the display stand design from the exhibition/event organiser, as well as providing the exhibitor manual and any forms/permits required by the organiser.
2.13 The Client is responsible for the arrangement and payment of power connection from the exhibition or venue electrical contractor.
2.14 Outstanding Displays takes no responsibility for Client stock delivery, storage and replenishment during the event or collection following the close of the event.
3.0 PAYMENT TERMS
3.1 Production of the Client’s display will not commence until Outstanding Displays receives a signed terms and conditions form or digital approval of the quote, and deposit payment.
3.2 If the proposal is not signed / digitally approved, and deposit not received within the designated period, additional production or labour charges may apply.
3.3 A non-refundable deposit equal to 50% of the quoted amount is due within five (5) working days of receipt of the deposit invoice, which will be supplied by Outstanding Displays upon receiving the signed terms and conditions form or digital approval has been accepted.
3.4 The balance is due fifteen (15) working days prior to the installation of the display, or at a time otherwise agreed between Outstanding Displays and the Client.
3.5 Should the proposal quote be executed within eight weeks of the first install date, the full 100% quoted amount will be invoiced and must be paid in full within five (5) working days of receipt of the invoice supplied by Outstanding Displays.
3.6 Any onsite variations or additions will be invoiced 7 days following the installation of the display, and will be invoiced separately. No onsite variations or additions will be undertaken without the written consent of the Client.
3.7 Any delay in payment may incur additional production or labour charges. Outstanding Displays will not build the Client’s display without receipt of the balance payment.
3.8 All meetings between Outstanding Displays and the Client are free of charge.
3.9 The initial design is provided free of charge. Any minor changes to the design and quote are also free of charge. Major conceptual and brief changes required once the display proposal has been signed will incur a design fee.
3.10 A surcharge will be charged for credit card payments.
4.0 PLANNING & PRODUCTION
4.1 Planning and production schedules will be developed in consultation with the Client as per project requirements. The quote does not take into account unforeseen delays in the supply of information or late changes made by the Client which may result in additional costs being incurred. As the delivery date can generally not be moved, late charges will be incurred to cover necessary overtime costs.
4.2 Adhering to lead times provided by Outstanding Displays will greatly assist in providing the Client with the highest level of professional service, quality and results. If final confirmation and acceptance of the terms and conditions is not received within the required lead time prior to the scheduled install date, Outstanding Displays reserve the right to withdraw from this agreement.
5.0 ARTWORK & SIGNAGE
5.1 Artwork must be approved twenty (20) working days prior to installation, unless otherwise agreed by Outstanding Displays. Additional charges may apply for late approval.
5.2 Outstanding Displays takes no responsibility for Client supplied artwork and signage with an occurrence of pixilation, blurry images, spelling and formatting errors. Please ensure that all artwork and signage is thoroughly checked prior to submitting to Outstanding Displays as there will be no compensation for re-printing costs as a result of errors. The Client will bear the artwork design, courier and reprint costs to make good any errors.
5.3 All signage and graphics quotations are subject to cost review if print ready artwork is not received twenty (20) working days prior to the first day of install.
5.4 Outstanding Displays free design service does not extend to graphic design. All artwork must be received in a usable format. Graphic design times will be charged for any artwork modifications and for all design work if print ready artwork is not received as per our guidelines, is not suitable, or is incomplete.
5.5 While all due care will be taken, Outstanding Displays takes no responsibility for damage or wear and tear to signage and custom structures caused during dismantle or transport.
5.6 All signage remains the property of the Client following the exhibition/event.
5.7 Outstanding Displays is not responsible for the loss and/or damage to signage whilst being transported to and from exhibitions/events, by third party rigging companies during the installation or dismantle, or whilst in storage, to the extent that the loss and/or damage does not occur as a result of Outstanding Displays, its officers, employees and contractors’ negligence. Third party company terms and conditions available on request.
5.8 All display stand designs and graphic artwork created by Outstanding Displays are protected under copyright and are not to be reproduced without written agreement from Outstanding Displays. The Client may not infringe any copyright laws in relation to drawings, design proposals or other material provided by Outstanding Displays.
5.9 The Client may not infringe any copyright laws in relation to images, pictures, drawings and logos. Outstanding Displays shall not be held liable for any claims arising from breaches of copyright laws. The Client hereby indemnifies Outstanding Displays for all expense whatsoever incurred in relation to any claim against Outstanding Displays as a result of any claim or actual breach of copyright involving Outstanding Displays dealing with artwork as supplied by the Client in accordance with these terms and conditions.
5.10 Unless arrangements are made in advance, all signage will be recycled immediately upon the conclusion of the hire period. Outstanding Displays shall not be responsible for the storage of client signage unless formally engaged to do so.
6.0 ONSITE VARIATIONS & ADDITIONS
6.1 To keep the initial quotation as low as possible, Outstanding Displays reserves the right to charge for any changes requested onsite which are in addition to the approved plans.
6.2 Outstanding Displays reserve the right to apply a late fee depending on the nature of the onsite variation or additional requirement.
6.3 No additional charges will be passed onto the Client without the Client’s prior written approval of alterations. The actual charge for these alterations may not be known until they are finalised.
6.4 Outstanding Displays reserves the right to change the design concept slightly during the install should the need arise. Outstanding Displays will endeavour to notify the Client and obtain approval where possible.
7.0 DISPLAY & CONTRACT CANCELLATION
7.1 A cancellation fee of 50% (i.e the non-refundable deposit) of the quoted proposal amount will apply on all accepted proposals when the cancellation is made in writing prior to thirty (30) working days from the first day of install. Cancellations received less than thirty (30) working days from the first day of install may result in additional charges to compensate for money already spent in preparation of the display build (i.e. labour, acquisition of materials and equipment, cancellation fees of third party contractors such as riggers, AV, and transport companies).
7.2 In the occurrence that the exhibition or event which the display is planned to be installed at is cancelled or postponed by the organiser, or there is an Act of Terrorism or a Force Majeure including epidemics, pandemics and infectious diseases, the Client is also responsible for all costs pertaining to the display which Outstanding Displays have already incurred.
7.3 Outstanding Displays may terminate the agreement and repossess the materials and equipment in the event of any of the following:
7.3.1 If the Client fails to pay any invoices on or before the due dates.
7.3.2 If the Client shall become or be made insolvent or bankrupt.
7.3.3 If the Client commits any breach to the agreement.
7.4 The Client indemnifies Outstanding Displays, its officers, employees and agents against all claims Outstanding Displays incurs as a result of:
7.4.1 The Client’s negligence.
7.4.2 The Client’s breach of the contract.
7.4.3 The Client’s breach of any law.
7.4.4 The delivery, installation, inspection, use, dismantling and collection of the materials and equipment, to the extent caused by the Client, its officers, employees and agent’s negligence.
7.4.5 Damage to any electrical supply as a result of materials and equipment malfunction, to the extent caused by the Client, its officers, employees and agent’s negligence.
7.5 Outstanding Displays is not liable to the Client for, and is released from liability, to the extent that it does not result from Outstanding Displays’ own negligence, in respect of:
7.5.1 Failure to have the materials and equipment ready for installation when the first day of install commences.
7.5.2 Failure to deliver the materials and equipment in accordance with the delivery instructions.
7.5.3 Loss, damage or injury to any person, property, animal or thing resulting from the delivery, installation, inspection, use, dismantling and collection of the materials and equipment.
7.5.4 The break down or failure of the materials and equipment.
7.5.5 Failure to provide materials and equipment of the type and in the quantity specified in the proposal.
7.5.6 Defects in the installation of the materials and equipment at the site.
7.6 If Outstanding Displays is liable to the Client for a breach of this agreement or any warranty implied by law which has not been lawfully excluded, Outstanding Displays liability is limited to the value of the contract.
7.7 Outstanding Displays may choose which of these options apply. Outstanding Displays is not liable to the Client for consequential or indirect loss, economic loss, or other expenses.
7.8 No amendment to the contract will be binding on any party unless made in writing and agreed by both Outstanding Displays and the Client.
8.0 PRIVACY POLICY
8.1 Outstanding Displays collects personal information to assist in providing the materials and equipment requested by the Client and to improve our products and services. Outstanding Displays may contact the Client to inform of future services or promotions which may be of interest. It is the Client’s responsibility to inform Outstanding Displays if it objects to this, and would prefer not to be contacted with special offers or in relation to future displays.
8.2 Outstanding Displays will not share the personal information of the Client to any third party unless required to do so under law.
8.3 This document is confidential and must not be shown to third parties not directly related to the Client’s involvement in this event without written agreement from Outstanding Displays.
I hereby agree to all the terms and conditions listed above, and agree to follow the payment schedule as outlined.