The exhibition HIGH END® is being organized by the HIGH END SOCIETY MARKETING GmbH. The HIGH END SOCIETY ARKETING GmbH is the legal and economic agency of the event and entitled to enforce any claims resulting from it.
2.1
To attend at the HIGH END® show, the exhibitor must be the manufacturer of the products on display, and/or solely responsible for the distribution on the Germany market.
2.2
It must be assured that the displayed products are available for end users on the European market.
2.3
Due to the show profile, all products which are displayed at the show must be related to high quality consumer electronics.
2.4
Audio Equipment (loudspeakers, amplifiers, surround-equipment, CD players, D/A converters, turntables, tuners, streamer, clients, DVD, SACD, blu ray devices, hard disk, valve equipment and other kinds of technical products for audio signal processing). Audio Accessories, cables, connectors, jacks, capacitors, driver units, OEM-products, CD’s, LP’s, furniture and electronic components and devices, headphones, Hi-fi magazines, publications, microphones, institutions etc. Audio- and amplification related devices primarily from computer hardware are accepted on a trial
basis (Sound Cards) and consumer electronic related software in general.
2.5
Video equipment used in addition to home cinema systems, i.e. Beamer, LCD, Flat screens DMB, DVB-devices and others.
2.6
Installation hardware and material might be shown on display and demonstrated, if the quality level of the goods is related to what is called high end.
The registration has to be submitted to the organizer exclusively on the form “Application Form HIGH END” provided for this purpose, or via online configuration system by using the given entry codes. With receipt of the registration, the terms of participation settled here are completely recognized as being binding. Terms or conditions stated in the registration are not considered. The registration must be filled in properly and completely. Incomplete registrations will not be considered. Sending or submitting the registration form shall not substantiate any claim for later admission to the exhibition. Applications received after the closing date can only be taken into consideration in accordance with the exhibition area/rooms than still available. For the purpose of automatic processing of the registration, the information shall be stored and, if necessary for the purpose of fulfillment of the contract, passed on to third parties. The registration is binding. It can only rescinded following prior approval by the organizer in the event of untoward circumstances. Any costs which have already been incurred are charged to the exhibitor wishing to be released from the contract.
Admission can only be granted to manufacturers or distribution companies whose production or distribution program corresponds to the profile of goods of the exhibition. The organizer shall decide on the admission of exhibitors and products at his own and free discretion. There shall be no claim to admission. Admission can be rejected without substantiation and without claiming of damage being possible. Admission as an exhibitor is confirmed in writing letter. The confirmation of admission shall only be valid for the exhibitor named in it and for the products/brands of exhibition applied for and shall not be transferable. Goods (brands & product-lines) which have not been announced and listed in the admission (HIGH END-catalogue-form or online) may not be exhibited or offered. Goods (brands & product-lines) which have not been admitted can be removed by the organizer at the exhibitor’s expense. With the forwarding of the admission, the exhibition contract shall be concluded between the organizer and the exhibitor. Allocation of stands/rooms/booths is carried out by the organizer in accordance with the subjects of the exhibition and the space available, with special wishes of the exhibitor being considered as far as possible. Changing stands/booth/rooms without approval of the organizer is not permissible. Change of a stand/booth/room can be done for good and sufficient reason, with as equivalent a place as possible being allocated in this case. The organizer shall be entitled to revoke an issued admission if it has been made on the basis of false preconditions or information, or if the preconditions of the admission become invalid at a later point in time.
The renter of a stand/room is to apply to the organizer in writing for incorporation of a joint exhibitor. There shall be no claim to admission of a co-exhibitor. There is a co-exhibitor’s fee of 490,00 Euro plus valid statutory Value Added Tax for the co-exhibitor. The main renter of the stand/room shall always remain debtor for the joint exhibitor’s fees. All co-exhibitors shall be subject to the same terms as the main exhibitor. Incorporation of a co-exhibitor not approved by the organizer shall entitle the organizer to terminate the contract with the exhibitor without notice and to have the stand cleared at the renter’s expense. No claims to damages shall accrue to the renter of the stand/room.
5a What is NOT a co-exhibitors?
In case you need for your demo some products that is NOT within your portfolio, you’re welcome to use what ever you want, even if that brand will be NOT shown elsewhere on the show. BUT in such cases, these products will be valuating from us as TOOLS only, without any business activity (no brochures, no price list, no people from that company, no advert posters).
5b Putting together several stands
In case several independent companies will order their own booth or space, of course they are welcome to ask for placing their stands (space) side by side to create a large single stand. Just let us know your wishes early enough to make things possible.
5c That is a co-exhibitor
In case you would like to share the smallest booth or room you have ordered with another company (or more than one), the MAIN exhibitor should announce on his application the Co-Exhibitor(s). Doing so, we will charge the co-exhibitor fee of 490 EUR which allows every single company TO DO business and to become an official exhibitor. It’s up to the MAIN-exhibitor, in which way he will share the costs for the booth or room. That is NOT ours to judge. At the same time, every co-exhibitor will receive his own entry code by E-Mail to complete his own company details for the show guide and to use all services we offer to exhibitors in general.
Every single co-exhibitor will get his own online account to use our online configuration system for server all individual services. Every single co-exhibitor will have the same rights as the main exhibitor itself and will receive all credits separate (catalogue entries free of charge, exhibitor badges and others). By announcing co-exhibitors, the complete correspondence and invoice will be done only between the MAIN exhibitor and us.
The organizer will confirm in writing the receipt of the application form only, without any promise of participation. An invoice shall be issued to the exhibitor for the stand/room rent to be paid, after the closing date and after final space / room distribution. Invoices about other deliveries and services commissioned separately shall be due as of the corresponding date of invoice. In the event of default in payment, interest to the amount of 2% above the respective discount rate of the German Bundesbank shall be charged. If an exhibitor is in default with the payment for longer than 14 days, the organizer shall be entitled to terminate the contractual relationship without notice and to dispose of the rented area at his own free discretion. In order to secure his claims, the exhibitor shall grant the organizer contractual lien on all the goods exhibited at his stand and empower him to make use of the lien and to sell the goods by private contract following prior written notification. The organizer shall not be liable for damage to and loss of the pledged goods.
Following receipt of the application by the organizer, withdrawal from the application or a reduction of the stand area rented by the exhibitor shall no longer be possible. If the exhibitor fails to take part in the exhibition, the total amount of the entire stand rent shall be paid. Also, in the event of non-participation of a joint exhibitor, the entire joint exhibitor fee is also to be paid. All costs already incurred and caused by the exhibitor are to be completely reimbursed to the organizer. The organizer shall be authorised to exclude exhibitors from the exhibition without notice if they exhibit objects others than those listed in the offer of goods/brands form. The claim to the total stand rent shall remain unaffected by this. The organizer can demand from the exhibitor at any time that objects which were not contained in the rent contract, are not compatible with the objective of the event or which prove to be annoying or dangerous be removed. If this demand is not fulfilled, removal shall be carried out by the organizer at the exhibitor’s expense. In all such cases, claims to damages shall be ruled out.
In the event of good and sufficient reasons for which the organizer shall not be responsible, he shall be entitled to postpone, shorten, extend, temporarily completely or partly close or cancel the exhibition. In such cases, as in any cases of Force Majeure, the exhibitors shall have claim neither to withdrawal or reduction of the stand rent nor to damages. However, the organizer can charge the services commissioned from him by the exhibitor to the amount of the costs incurred. If the organizer is responsible for the cancellation of the exhibition, no rent shall be charged. A claim to damages against the organizer shall be ruled out.
In order to guarantee a total impression corresponding to the demands of the exhibition, guidelines containing binding conditions are laid down by the organizer for the set-up and design of the stands/rooms. The relevant statutory directives and administrative directives shall be binding for the exhibitor. The exhibitors shall be obliged to ensure adequate equipping of their stand. Stand illumination, beams and other parts of the design of the stand must neither annoy the visitors nor have any negative effect on the neighbouring stands/rooms. Nothing may be stuck, nailed or painted onto walls, floors and other fixed installations, nor may they be damaged in any other way. Damages are at the expense of the exhibitor and are charged to him. The volume (sound pressure) of presentations during the exhibition must be such that other exhibitors are not disturbed by the presentation. Under no circumstances may a Sound pressure of 75 dbA be exceeded at the closed entrance door of the room or at the border of the used booth. During the opening times of the exhibition, there must always be a representative of the exhibitor present on the stand/room. The exhibition objects must be exhibited visibly during the opening hours of the exhibition. Dismantling before the End of the show is not permitted.
Requests for placement stated in the application are considered as far as possible. The order of receipt of the applications is not decisive for the allocation of the stand areas (rooms).The exhibitor must accept that the position of the remaining stand area (room) has changed at the start of the trade fair or exhibition in comparison with the point in time of the application; he cannot derive any claims from this. Exchange of the allocated stand (room) with another exhibitor is not permitted without prior approval of the organizer.
Each exhibitor may only accept orders for the goods which are listed in the admission. Exhibition goods may only be delivered after the End of the exhibition. Direct sales are not permitted (except the stands in the special area for Accessories and Software). Distribution of advertising material is only permitted for the exhibitor’s own company and only for the goods exhibited by it. Only advertising measures relative to the exhibition which do not offend against statutory directives or good morals are admissible. Execution of advertising for other companies is not permitted. Application and distribution of advertising material or samples outside the rented stand/room is forbidden. Illicitly applied advertising shall be removed by the organizer at the exhibitor’s expense. In all cases, the decisio n of the organizer shall be binding and final.
The exhibitor warrants that his presentation does not offend against fair trading or legal directives and does not contravene protection rights of third parties, in particular inventions, samples, brand names and copyrights. Protection of such rights shall exclusively be a matter for the offended exhibitor. Claims for liability against the organizer cannot be made in any case.
The approval of the GEMA shall be required for the public presentation of copyrighted music by means of Sound and picture carriers and for live presentations. The application form to the GEMA will be included within the exhibitor manual.
The organizer shall publish a catalogue (show guide) for the exhibition. The exhibitors shall be informed by the HIGH END-Katalog form about the possibilities of being entered and of advertising. Damage for faulty, incomplete or missing entries shall be ruled out. The client shall be responsible for the contents of entries and for any damage which may result from them.
The organizer shall be exclusively responsible for the general monitoring of the exhibition area to the extent to which it serves the purposes of the exhibition. The organizer shall fulfil his obligation to general monitoring through employment of a corresponding monitoring company. The monitoring company shall not be an agent in discharge of the organizer. The monitoring shall begin on the first set-up day and end with the dismantling day. The organizer shall be entitled to carry out the control measures necessary for the monitoring. The exclusion of liability for any personal damage or damage to property shall not be affected by the general monitoring carried out by the organizer. Any special monitoring may only be carried out by the monitoring company commissioned by the organizer.
The organizer is not responsible for the cleaning of the exhibition area and the exhibition rooms. The exhibitor is responsible to clean his rented booth / room during the exhibition on his own expense. Waste disposal during the period of the exhibition and during the set-up and dismantling times is to be done at the exhibitor’s expense. The exhibitor shall be obliged to ensure proper waste disposal and to act in an environmentally beneficial way.
During the exhibition, the exhibitor shall be subject to the domiciliary right of the organizer and the domiciliary right of the exhibition hotel. The instructions of the authorised personnel are to be obeyed. Other stands/rooms may not be entered outside the official opening hours of the exhibition without permission from the respective owner of the stand. Execution of trader presentations, press conferences or other events on the stands/rooms outside the official opening hours of the exhibition is not permitted. Photographing and drawing for industrial purposes are only permitted with the approval of the organizer. Press photographers with corresponding identity cards do not require special permission from the organizer to take press photos. The organizer shall be entitled to have photographs, films and drawings made on exhibition stands and exhibited objects and to use them for his own publications. The exhibitor shall waive all objections from copyright law.
The organizer shall take on no liability vis-à-vis the exhibitor and those commissioned by him or active for him for any damage to persons or property. The organizer shall take on no obligation to custody for the goods exhibited and stand equipment, which means that any liability for damage and loss of the same is ruled out. The exclusion of liability shall also not be affected by the monitoring measures of the organizer. Further, the organizer shall only be liable in any case for direct damage or property from malice aforethought or gross negligence. Each exhibitor is to have his risks and own costs covered. The exhibitor shall be liable for all damage which is caused to persons or property by himself and those commissioned by him or active for him or by his exhibited objects. The organizer possesses third party liability insurance for his statutory liability. This third-party liability insurance exclusively covers damage to third parties.
All agreements, individual approvals and special arrangements concerning the exhibition must be confirmed in writing by the organizer. All claims of the exhibitors vis-à-vis the organizer shall be limited in accordance with the period of limitation of § 558, German Civil Code, within six months if there are no cogent statutory directives to contradict this. Limitation shall start with the End of the exhibition. Place of performance and venue for all mutual obligations is Wuppertal, provided the exhibitor is a fully qualified merchant. The law of the Federal Republic of Germany shall be exclusively valid for the contractual relationship. The German text shall be exclusively decisive for the contents of the contract. Should individual directives or terms of participation be ineffective, this shall not affect the validity of the remaining directives. In lieu of the invalid directives, an effective regulation coming as close as possible to the economic sense and purpose of the ineffective regulation shall be effective.
Branko Glisovic // HIGH END SOCIETY MARKETING GMBH // 42281 Wuppertal-Germany // November 2011
