Terms and Conditions

Introduction

Please read these terms and conditions carefully. By ordering, collecting, using, or agreeing to the installation of any Goods and Services, this signifies that the Client have read, understood, and agree to be bound by the Terms.
The Company reserves the right to review and change any of these Terms by document at its sole discretion. Any changes to the Terms take immediate effect from the date of the change. We recommend the Client keep a copy of the Terms for the Clients records.

Definitions

The “Company” means IDM Group Pty Ltd, ABN 55612302422 trading as UCON Exhibitions and includes any of its subcontractors, servants, agents, successors, and assigns.
The “The Client” means the company or person who is receiving Goods and Services from The Company, and includes any of its contractors, servants, agents, successors, and assigns.
The “Services” means the services provided by the Company to the Client pursuant to these Terms & Conditions including the designing, project managing and building of stands, exhibitions, and events.
The “Company’s Equipment” means all materials, plant, vehicles, and other equipment owned or in the possession or control of the Company utilised by the Company in the course of providing the Services.
The “Goods” means all goods created, prepared, or provided by the Company to the Client in the course of providing the Services.

The Client’s Obligations

The Client acknowledges and agrees that, for the purpose of the Company providing the Services, the Client:
- Grants the Company a licence to use all logos, trademarks, website images and content and other intellectual property as may reasonably be required by the Company to provide the Services;
- Will provide all such information, specifications, details, and documentation as may be reasonably be requested by the Company; and will promptly provide all other assistance as may reasonably be required by the Company.
The Client acknowledges and agrees that, in relation to the Company’s Equipment and/or the Goods, the Client:
- Is responsible for ensuring that same is used strictly in accordance with any instructions given by the Company, and in accordance with any applicable safety information and operating procedures;
- Is responsible for taking care of same when on the Client’s premises or in the Client’s possession or control, including but not limited to ensuring that same is kept safely and securely and protected from theft, misuse, loss, or damage. The Client shall be responsible for all loss and/or damage to the Company’s Equipment and/or the Goods when same is on the Client’s premises or in the Client’s possession or control whatsoever and howsoever arising; and is responsible for ensuring that the Company’s Equipment is returned to the Company in the same good working order in which it is made available by the Company.

Acceptance

The Client is taken to have accepted the Terms by the use of, ordering of or agreeing to the installation or delivery of any Goods and Services from The Company.

Deposit and Payment

At The Company’s sole discretion, the costs for any Goods and Services shall be either:
- As indicated on invoices provided by The Company to The Client in respect of any Goods and Services provided; or
- The quoted price provided to The Client by The Company provided that The Client accept such quotation in writing within fourteen (14) days of the quotation being given to The Client.
On the first issuing of an invoice by The Company, a new customer must prepay the whole of any invoice amount issued by The Company.
All Goods and Services must be prepaid prior to production.
When making any payment in relation the Goods and Services, The Client warrants that the Client have read, understood, and agree to be bound by these Terms and any agreements that we provide to The Client for signing.
The Company is entitled to charge interest on all amounts invoiced by not paid by the due date for payment as indicated on the invoice and then the Client undertake to pay any interest charged on unpaid amounts. Such interest shall be calculated on a daily basis from the due date for payment until the date The Company receives payment of a reasonable rate as determined by the Company.

Payment Method

Payment for invoices can be made with the following methods:
- Invoice payment may be made via direct deposit into The Company bank account; or
- Cash; or
- By any other method nominated by The Company and as referenced on the invoice.
The Client acknowledge and agree that where a request for the payment of the Goods and Services is returned or denied, for whatever reason, by The Client financial institution or is unpaid by The Client for any other reason, then The Client are liable for any costs, including banking fees, legal costs, and charges, associated with the Goods and Services.

Pricing

All prices provide to The Client by The Company in any invoice or quote are inclusive of GST. Unless otherwise specified, any changes, corrections, or additional costs incurred during production or provision of any Goods and Services will incur an additional charge.
The price quoted by the Company is subject to variation at any time prior to the date of acceptance of the order upon written notice to the Client. Without limitation, if the cost of wages, materials or transport to the Company increases after the date of any written quotation and/or price list and before delivery of the Goods or completion of the work specified in the Invoice, the Company may add a fair and reasonable amount to the price quoted to cover the increase and the Client must pay the price as varied.

Supply and Production of Goods and Services

The Company agrees to begin work on the installation and/or supply of the Goods and Services as soon as possible and provide The Client with an estimated time for finishing any installation or delivery of the Goods and Services. The Client agrees that the Completion Date is an estimate only and can change subject to the following:
- The Client not making a selection or not supplying specific information or details when asked by The Company; and
- The Client not having any worksite ready before the installation or delivery of Goods and Services.
The Client agrees that The Company will not be liable for any cost or delay due to the change in Completion date or for any other delay unless such delay is unreasonably caused.
The Client acknowledge that The Company cannot ensure an exact match in colour or texture between any customer provided artwork for the purpose of the provision of Goods and Services (including electronic graphic files or previously printed materials or any other materials supplied by the customer) and the final delivered Goods and Services. The Client acknowledge and accept that there are acceptable levels of colour variation from print run to print run, from stock to stock, from back to front and between different printing processes.

Subcontracting

The Client agree that The Company can at any point engage third parties such as subcontractors or to subcontract any or all of its obligations under these Terms.
The Company reserves the right to their choice of subcontractors and if The Company does engage subcontractors or subcontracts any of its obligations under these Terms, The Company is not held liable to anything that is out of their control.
The Company will ensure that their personnel and employees have the appropriate qualifications training and experience to deliver the Goods and Services in a businesslike manner and that they will conduct themselves diligently with due skill and care.
The Client may on reasonable grounds notify The Company that a member of its team is unacceptable.
The Company is solely responsible for all pay, entitlements, and other benefits for their employees.
In providing the Goods and Services, The Company must ensure that their personnel or employees are trained, hold the appropriate licenses, comply with all laws regulations and policies as applicable.

Limitation of Liability

To the maximum extent permitted by law, the Company shall not be liable to the Client or any third party under any circumstances for any loss of profit, interruption to business, injury or death to any person, or for any indirect, incidental or consequential loss and damage sustained or incurred by the Client, whether such liability arises directly or indirectly as a result of;
- Any breach by the Company of its obligations under these Terms & Conditions; or
- The supply, performance or use of any goods or services; or
- Any negligent act or omission or wilful misconduct on the part of the Company.
The Client shall fully and completely indemnify the Company in respect of all claims, actions, demands, suits, loss and/or damages sustained by any person or party whatsoever for injury to any person(s) and/or property caused by or in connection with or arising out of the Company providing Services to the Client or in the carrying out of these Terms & Conditions whether caused by any negligent act or omission or wilful misconduct on the part of the Company or otherwise, and in respect of all costs and charges in connection therewith whether arising under statute or common law

Storage of Goods

Following completion of the provision of the Services, the Company may agree to store the Goods upon request by the Client and if so, at the rate specified in the invoice.
The Goods shall be stored at the Client’s risk and the Client acknowledges and agrees that the Goods will not be insured by the Company during the period of storage. The Client acknowledges and agrees that it is responsible for taking out its own insurance cover as it considers appropriate.
Freight costs in relation to the storage of the Goods shall be borne by the Client.
The Company may terminate the agreement to store the Goods upon giving the Client fourteen (14) days’ notice in writing.

Delivery

The Company agrees to ship the Goods and Services to The Client by road or air freight.
Freight costs are charged in the quotation, but additional freight costs may be added due to changing freight arrangements at the sole discretion of The Company.
By contracting our services, The Client give us authority to use any method for handling, transporting, or storing the Goods. The Company will give priority to any instructions given by The Client.
Should any unforeseen circumstances arise with respect to freight, The Company will contact The Client as soon as reasonably possible to advise The Client of the situation.
All freight shipped does not include insurance unless requested and the additional cost will be charge to The Client if requested.

Delayed or Lost Goods

Should Goods be lost or delayed in delivery through no fault of The Company, The Company will do whatever is reasonably possible to locate the freight and ensure its prompt delivery.
If, however, delivery does not take place by the Completion date at no fault of The Company, The Company is not liable for any loss, disappointment or inconvenience whatsoever suffered by The Client.
Further, The Company will not be liable for additional freight costs required to be paid to secure delivery of the Goods in the event of unforeseen circumstances delaying its delivery. The Client agree that these costs will be charged to The Client.

Damaged Goods

The Company agrees to package all Goods to withstand reasonable handling, transport, and storage. In the event that the Goods are damaged by the freight company, The Company will do all that is reasonably possible to claim the maximum amount of compensation from the freight company and relay that compensation to The Client.
The Company is not liable for any damage caused to the Goods unless such damage is caused by the actions or negligence of The Company. If the recipient of the merchandise releases the freight company from liability for damage, The Company is also released from any liability for any damage caused to the Goods.

Title and Intellectual Property

Title to any Goods and Services passes from The Company to The Client only on the full and final payment of all amounts owed to The Company. Until such time, title in any Goods remains with The Company and The Client agree that The Client are only a bailee of the Goods and Services and must be returned to The Company on request.
The Company retains all rights, title and interest in and to all Intellectual Property in all related Goods and Services. Nothing in this agreement will transfer any Intellectual Property from The Company to The Client. The Company retains all Intellectual Property and any artwork created by The Company are subject to copyright protection. No part of any artwork created and supplied by The Company may be used, reproduced, or disclosed in any form without our written consent and subject to payment in full of applicable fees. For the purpose of this clause, Intellectual Property includes all discoveries and intellectual property rights (including, without limitation, all copyright, designs, trademarks and patents) of any nature in any inventions, designs, works, computer programs, processes created, developed or generated by The Company.
The Company is not liable for inadvertently infringing a third party’s design and it is the customer’s responsibility to avoid any trademark infringements related to any Goods and Services requested. Further The Client further agree to indemnify The Company, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with a breach of Intellectual property law.

Reschedules and Cancellations

Once an order for Goods and Services has been accepted by The Company, a nominated cancellation fee applies if The Company agrees to a request to cancel an order, fee is to be determined by the Company within reasonable grounds.
All installation reschedules for Goods and Services will incur an additional fees dependant on the scale of the project.
Onsite cancellation will incur an additional fees dependant on the scale of the project.
Any request by the Client for cancellation of a Approved Project must be in writing and may be delivered by post, hand delivery, facsimile or email. The Client is liable to reimburse the Company for the costs it has incurred for labour and materials in fulfilling the Approved Project up to the date the request for cancellation is received by the Company, together with the Company’s loss of profit resulting from the cancellation of the Approved Project.

When The Client must notify The Company

If the Client are a company or related business entity, the Client must notify The Company at least 14 days prior to any proposed changes of ownership, change in registered particulars, alteration, addition to shareholding or directorship, application for winding up or liquidation and any other change, alteration, or addition to the Clients internal structure.
The Client must provide The Company with full details of the proposed change, alteration or addition. The Company may in its absolute discretion require security or additional security as The Company in its discretion think fit and shall be entitled to withhold supply of any Goods and Services until such security or additional security is provided.
If The Client do not notify The Company of a proposed change, The Company may rely on any directors/proprietors’ personal guarantees provided.

Indemnity

The Client agree to indemnify The Company its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with the Goods and Services; and/or
- any breach of the Terms by The Client.

Severability

If any of these Terms is or becomes for any reason wholly or partly invalid, that term shall to the extent of the invalidity to be written down to maintain its intended purpose where permissible by law or severed without prejudice to the continuing force and validity of the remaining terms.

Governing Law

These Terms, and any dispute arising out of, or in connection with it or its subject-matter or formation (including noncontractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia.

Questions and Complaints

If you require any further information, have any questions, or wish to make a complaint you should contact UCON Exhibitions by the following methods:
- By mail: 2/8 Kerr Road, Ingleburn, NSW, 2565.
- By email: [email protected]
- By phone: +61 02 8294 3373
We will respond to requests for information and/or questions within a reasonable time of such request or question being received by us.
We will take such steps as are reasonable to investigate complaints, within a reasonable time of such complaint being received by us. We will give you written notice of the investigations which have been carried out and the outcome of your complaint.