2021 JINGART 条款及细则

2021 JINGART Terms &Conditions

 

1. 定义 Definition

“合同”是指主办单位与参展商签署的合同,包括展位合同,参展商应履行的各项条款及细则、参展手册等。

The term “Contract” means the contract entered into between the Organizer and the Exhibitor that incorporates the contract of exhibition space, the terms and conditions and Exhibitor’s manual etc..

本合同中的“参展商”是指在展览中分配有展位的,以展示为目的公司及其雇员、服务人员和任何公司或个人委派的代理商。

Under this Contract the term “Exhibitor” shall include all employees, servants and agents of any company partnership, firm of individual to whom space has been allocated for the purpose of exhibiting.

主办单位是指2021 JINGART艺览北京执行委员会及其代理、代表。

The term “Organizer” shall mean the 2021 JINGART Executive Committee, its agents and representatives.

 

2. 合格的展品Eligible Exhibits.

主办单位具有完全的决定权,判断任一产品或展品是否符合条件。

The Organizer reserves the right in its complete discretion to determine the eligibility of any product or display.

 

3. 展位分配Allocation of Exhibition Space

主办单位将根据参展商的要求、参展展品的特性或其他认为适宜的方式分配展位。在展位搭建之前,如遇特殊情况,主办单位有权改变分配给参展商的展位,移动展览设施以及进行其他结构调整。

The Organizer shall allocate the booth space in accordance with the requirements of Exhibitors and the nature of exhibits or in any manner they may deem fit. The Organizer shall reserve the right to change the space allocated to the Exhibitor prior to the commencement of the erection of the booth of the Exhibitor if exceptional circumstances demand and, to alter the booth space to transfer, change the exhibition facilities and to undertake other structural alterations as they may deem fit.

 

4.展位的使用Use of Exhibition Space

参展商只能展示申报的展品。在展览期间,参展商应委派有能力的人员管理展品。未经主办单位的书面同意,参展商不得以任何形式将其展位全部或部分指派、分配或转租给第三方。参展商对展厅墙面或其他部位的损坏要负责任。未经主办单位同意,参展商不得更改地面、天花板、展馆柱面或墙面。

Exhibitors are entitled to exhibit only the announced products and to man the exhibits only with competent personnel during the opening hours of the Exhibition. Exhibitors are not allowed to sub-let or assign the stand/s allotted to them to other parties either wholly or in part without the written consent of the Organizers. Exhibitors will be liable for any damage to the walls or to any part of the Exhibition hall in which their exhibits are placed and shall not paint or otherwise alter the floors, ceilings, pillars or walls without the prior consent of the Organizers.

 

5. 布展及撤展Construction and dismantling of Booth

根据参展手册,参展商可以对其展位进行装饰。任何由参展商或其搭建商造成的对其他参展商或公共财产的损害,参展商须承担全部责任。所有参展商必须在主办单位规定的日期和时间之前完成搭建和装修。

Exhibitors will be allowed to decorate their unit as per schedule in Exhibitor’s manual. Any damages caused by the exhibitor or his/its contractors to other Exhibitors or common property shall be the responsibility of the Exhibitor. All Exhibitors must complete their construction and decoration by the date and time stipulated by the Organizers.

 

所有展览场地在指定时间内完成撤馆以后,必须保证完好地移交给主办单位。在展览结束的时候,在主办单位规定的时间,所有参展商应将搭建展台或展出所使用的材料从展台清除,并不得破坏展馆内原有的财产或设备。

All exhibition areas must be handed over to the Organizer in their original condition by the stipulated date for completion of dismantling. At the end of the exhibition, exhibitors must remove from the booth all materials for fitting the booth and for exhibition without damaging any original property or equipment in the exhibition venue.

 

6. 展品运输Movement of Exhibits

主办单位建议参展商使用主办单位委托或推荐的运输公司。参展商的进口货物、展品,必须交由主办单位指定运输代理通过博览会批文进行清关手续的办理。所有参展商或展商运输商须与指定清关商协调合作,并指定其为唯一的清关公司。如参展商通过其他渠道自行清关,主办单位将不承担任何责任,且有权取消其参展资格。如因参展商通过其他渠道自行清关而影响展览的安排和工作,主办单位保留追究其责任并索取赔偿的权利。

The Organizer suggests that the exhibitor use the transportation company recommended by and authorized by the Organizer. The imported goods and exhibits of the exhibitor must be handed to the designated transport agents of the Organizer for customs clearance formalities through the exhibition approval document. All exhibitors or forwarding agents shall coordinate with the designated customs clearance businesses and designate it as the sole customs clearance company. If the exhibits are custom cleared by other channels, the Organizer will not bear any responsibility and shall have the right to cancel the exhibitor’s qualification. The Organizer reserves the right to hold responsible and claim compensation for the arrangement and work of the exhibitor, if the exhibitor has made a self-clearance through other channels.

 

7. 付款Payment

展位费应于2021年4月22日前支付。价格为不含税价格,若参展商需主办单位开具增值税普通发票,则须另行缴纳相应税费。

The total participation fee shall be paid before the date [22 April, 2021]. The amount of participation fee does not include any TAX, if the exhibitor requires Chinese VAT invoice, the applicable tax will be expected.

 

对于主办单位提供的其他服务,参展商应当在提出服务要求的同时事先向主办单位支付全部服务费。

For other additional services, payments must be made in full, in advance, when placing orders for services.

 

按照上述约定全额支付款项是参展商参加展览并使用展位的前提条件。如果参展商延迟支付任何费用,则(a), 主办单位有权立即终止本参展条款,并且没收参展商已支付的展位费; (b), 主办单位保留向参展商追讨所有应付费用的权利,并且参展商无权向主办方要求任何形式的赔偿,不论其是否已遭受任何利益或其他损失。

Full payment by the stipulated date is a prerequisite condition for the Exhibitor’s participation in the exhibition and use of the booth. In the event of default of payment by the stipulated date (a), the Contract between the Parties may be immediately terminated by the Organizer; and the amount received of total participation fee paid by the Exhibitor shall be forfeited; and (b), the Organizer shall reserve the right to claim all payment due from the defaulting Exhibitor. The Exhibitor shall not be entitled to any form of compensation whatsoever, whether for loss of profits or otherwise.

 

8. 退展Cancellation

参展商申请退展Cancellation application of Exhibits

鉴于JINGART艺览北京的规模和参展原则,参展商一经审核通过并签署本合同后,非不可抗力不得退出;因参展商原因退出,原则上将对下一年的申请造成严重影响且对于退展申请者不退还任何已付款项。

In view of the scale of JINGART and the principle of exhibition, after the exhibitor has been approved and confirmed by signing the Contract, it is not allowed to withdraw from the exhibition in addition to force majeure; The withdrawal will leave a serious impact on the next year’s application if the exhibitor cancels its participation in the exhibition due to its own reasons, the exhibitor who submits the application will receive no refund.

 

不可抗力Force majeure

如果主办单位由于不可抗力或其他无法克服的因素而被迫无法按原计划举办展览(包括但不限于推迟展览举办时间),参展商应服从主办单位之安排,而无权取消参展或向主办单位主张任何违约责任,尤其是赔偿责任。如果主办单位由于不可抗力或其他无法克服的因素而取消举办展览,主办单位不因此而向参展商赔偿任何损失,且主办单位将视具体情况决定向参展商退还已支付款项。

If the Organizer is compelled, as a result of force majeure or other circumstances beyond its control, to be impossible or impractical or undesirable for the Organizer to hold the Exhibition as initially planned(including but not limited to  postpone the event), the exhibitor shall obey the arrangement of the Organizer does not thereby acquire the right to withdraw or cancel participation of the exhibition, nor do they have any other claims against the Organizer, in particular claims for damages.

If the Organizer cancels the event because it cannot hold the exhibition as a result of force majeure or other circumstances beyond its control, the Organizer is not liable for damages to exhibitors arising from the cancellation of the exhibition, and will have the right to decide to return the received payment to the exhibitors according to the specific circumstances.

特别说明Special Note

参展商向主办单位书面提出退展,并提供因不可抗力(包括但不限于新型冠状病毒引发的肺炎影响签证效力、展品运输等)导致无法参展的证据,并经主办单位审核认可后,将按如下约定进行退款:

202151日前提出退展:已交全部展位费的,按已交款项退款80%

– 特殊情况(包括但不限于参会途中被感染、隔离):已交展位费不予退还。

The Exhibitor shall withdraw the exhibition in writing and provide evidence of absence due to force majeure, including but not limited to COVID-19 affecting the validity of

visa and transport of exhibits, and the participation fee shall be refunded according to the following requirements after review and approval by the Organizer.

-If Exhibitor submit a withdrawal before May 1, 2021:If all participation fee has been paid, 80% of the paid amount will be refunded.

– Special circumstances (including but not limited to being infected and isolated on the way): the participation  fee paid shall be not refundable.

提醒事项Special Reminder

为保障参展商和参观者的健康安全以及展会的顺利圆满举行,主办单位在此提醒参展商及其与会工作人员应按照展览举办地疫情防控的各项规定,配合火车站及机场工作人员查验工作,并做好个人健康防护工作,合理安排出行。

To ensure the health and safety of exhibitors and visitors, as well as the smooth and successful holding of the Exhibition, the organizer hereby reminds exhibitors and their staff to cooperate with the staff of railway station and airport  for inspections  Exhibitors shall take care of personal health protection and arrange travel reasonably.

 

9. 安全及保险Safety and Insurance

主办单位将对参展商和参观者采取安全预防措施,但是对于展览之前、展览期间和之后展品的丢失或被窃不承担任何责任。主办单位对参展商及其代理商、代表、承包商或雇员遭受的任何损失、伤害或其他损害或上述人员的或任何其他第三方的物品或其他财产损失不承担任何责任,亦不对任何第三方造成的上述损失、伤害或损害承担任何责任。The Organizers shall take all security precautions in the interest of the Exhibitors and visitors. However, the Organizers shall not be held responsible for any loss or theft of exhibits at the Exhibition hall during the build-up, exhibition and dismantling period. The Organizer shall not be liable in any way whatsoever in respect of any loss, injury or other damages suffered by or caused to the Exhibitor, its agents, representatives, contractors or

employees or the articles or other property of the Exhibitor or of such parties or of any other third parties, or the aforementioned loss, injury or damages caused by any third parties.

参展商须自行负担展览期间所有展品及设备之损害与遗失保险并遵守安全原则自行投保火灾、偷窃、抢劫、损害、水害、运输过程中造成之损害等足额保险。

The exhibitor must bear all the expenses for the exhibited art works, including any equipment damage and loss insurance. All exhibitors should insure their entries against fire, theft, damage, flood and transportation damage.

 

10. 违约Breach of  Contract

参展商如有违反本合同或参展手册或将制订的辅助条款中的任何内容,视情节轻重,主办单位将有权取消参展商参展资格。参展商将无权要求主办单位赔偿任何损失、开支,或退还已支付的款项,并且参展商仍应支付本参展条款及条件项下的全部费用,且参展商承诺对主办单位遭受的任何损失、负债、诉讼、索赔、损害和费用(包括但不限于法律费用)进行全额赔偿。

The breach of the Contractor Exhibitor’s manual, and any other supplementary rules and regulations determined by the Organizer, will result in the exclusion of the Exhibitor from the event, and the Exhibitor shall have no right to claim compensation for any losses or expenses, or to demand refund on any payments already processed, nor shall the Exhibitor be released from his contractual obligation to pay.

The Exhibitor undertakes to fully indemnify the Organizer from and against all losses, liabilities, actions, proceedings, claims, damages, costs (including but not limited to legal costs) and expenses whatsoever and wherever arising which the Organizer may suffer or incur.

 

11. 遵守法律及争议解决Compliance with laws & Dispute Settlement

参展条款及条件应受中华人民共和国法律解释并管辖。参展商必须无条件遵守现行及将来实施的与本条款及条件履行有关的、由主办单位制定发布的或与展览举办相关的合同有关的所有法律法规以及规章制度。凡因本合同引起的或与本合同有关的任何争议,均应提交中国国际经济贸易仲裁委员会上海分会按照该会仲裁规则进行仲裁。仲裁裁决是终局的,对双方当事人均有约束力。

The Terms and Conditions for Participation shall be construed and governed by laws of the People’s Republic of China. Exhibitors shall comply with all the rules, regulations and laws imposed or laid down or prescribed in the future by the government, public authorities and owners or managers of the exhibition venue for all purposes concerned with the implementation of these terms and conditions, of the regulations and stipulations laid down or prescribed in the future by the Organizer by virtue thereof, and of all other contracts relating to the exhibition Any dispute arising from or in connection with the Terms & Conditions for Participation shall be submitted to China International Economic and Trade Arbitration Commission  Shanghai Branch for arbitration which shall be conducted in accordance with the Commission’s arbitration rules. The arbitral award is final and binding upon both parties.

 

12. 条款独立性Severability

如果参展条款中或者参展手册中规定的条款在法律上无效或者不完整,其它条款或相关合同的有效性将不受影响. 在这种情况下,合同双方有义务更换失效的条款和/或补足相关条款,最大可能地使得合同双方实现其追求的经济目的。

Should the provisions set out in these Terms & Conditions for Participation and Exhibitor’s manual be or become legally invalid or incomplete, the validity of the other provisions or the contract concerned remains unaffected. In such a case, the contracting parties undertake to replace the invalid provision and/or fill the gap with a provision with which the contracting parties are most likely to achieve the economic purpose they pursue.

 

如本条款及条件的中英文文本有任何不一致之处,应以中文文本为准。

In the event of any inconsistency between the English and Chinese version of the Terms & Conditions for Participation, the Chinese version shall prevail.