Terms & Conditions

01Definitions & Interpretation

“Dum Event”, “we”, “us”

Dum Event Ltd, a company registered in England and Wales under company number 14775437, of Unit 8, West Point Business Park, West Road, Harlow CM20 2BU, the party that agrees to perform the Works.

“Client”, “you”

The person, firm or company that agrees to purchase the Works from Dum Event.

“Works”

Any work or services Dum Event agrees to perform or provide under the relevant Quotation, including without limitation the design, production, hire, sale, delivery, installation, on-site support and dismantling of exhibition stands and related structures, graphics, furniture, AV and LED equipment.

“Goods”

All goods of any description supplied in connection with the Works, including materials, structures, system components, equipment, machinery, furniture and fittings.

“Quotation”

A written quotation or proposal issued by Dum Event for the Works.

“Contract”

Any contract between Dum Event and the Client for the carrying out of the Works, formed as described in clause 2.

Headings are for convenience only and do not affect interpretation. A reference to a statute is a reference to it as amended, re-enacted or extended from time to time.

02Quotations & the Contract

1. Dum Event issues a Quotation only after receiving a written brief or specification from, or on behalf of, the Client. A Quotation is open for acceptance for the period stated in it or, if none is stated, for one calendar month from its date.
2. A Contract is formed when the Client accepts a Quotation in writing or otherwise places an order with Dum Event, however that acceptance or order is expressed.
3. Every Contract is made on these conditions to the exclusion of any other terms, including any terms the Client seeks to apply under a purchase order, confirmation of order or other document, unless expressly agreed otherwise in writing and signed by both parties.
4. No variation of these conditions is effective unless it is in writing and signed by both Dum Event and the Client.
5. The Client acknowledges that it has not relied on any statement, promise or representation made on behalf of Dum Event that is not set out in the Contract. Nothing in this clause limits liability for fraudulent misrepresentation.
6. Any typographical or clerical error in a Quotation, invoice or other document issued by Dum Event may be corrected without liability on Dum Event’s part.
7. Specifications, drawings, renders and visuals provided by Dum Event are indicative. Dum Event may incorporate reasonable technical modifications into the Works — for example to meet venue, structural or regulatory requirements — subject to the Client’s consent, which must not be unreasonably withheld.

03Client Responsibilities

1. The Client is responsible for the accuracy of any order, brief, specification or artwork submitted by it or on its behalf, and for providing all information Dum Event reasonably needs — including venue details, organiser deadlines and technical manuals — in sufficient time for Dum Event to perform the Contract.
2. Unless expressly included in the Quotation, the Client is responsible for obtaining exhibition space, organiser permissions, licences and any other consents required for the Works to be performed.
3. Where the Client supplies its own goods, exhibits or materials for use in connection with the Works, Dum Event is not liable for loss of or damage to them unless caused by Dum Event’s negligence.
4. Where any part of the Works is performed at premises not controlled by Dum Event, the Client is responsible for ensuring the place of performance is safe, suitable and adequately served by required utilities, except to the extent those matters are expressly within Dum Event’s agreed scope.

04Prices

1. Prices are as stated in the Quotation and are exclusive of VAT and any other applicable taxes, levies, duties or charges, all of which are payable by the Client in addition.
2. Dum Event may, by notice to the Client before completion of the Works, adjust the Contract price to reflect:
   • additional work performed at the Client’s request or a change to the agreed scope;
   • any increase in cost arising from a factor beyond Dum Event’s reasonable control, such as foreign-exchange movement, changes to duties or venue charges, or increases in the cost of materials, labour or logistics;
   • any failure by the Client to provide adequate or timely information or instructions.
3. Work that emerges outside the agreed scope is quoted and agreed before it is carried out wherever reasonably practicable.

05Payment

1. Unless the Quotation states otherwise, the Client shall pay 50% of the Contract price on formation of the Contract, with the balance (including any sums due under clause 4) payable on completion of the Works or, where the Works relate to an exhibition, no later than 14 days before the exhibition opens, whichever is earlier. Time for payment is of the essence.
2. If the Client fails to make any payment when due then, without prejudice to any other right or remedy, Dum Event may:
   • suspend performance of the Works or terminate the Contract;
   • require the immediate return of any hired Goods; and
   • require immediate payment in full, without deduction, of all sums due or that would have become due under the Contract but for termination.
3. Interest on overdue amounts accrues daily at 8% per annum above the Bank of England base rate from the due date until payment, before and after any judgment, in line with the Late Payment of Commercial Debts (Interest) Act 1998.

06Title & Risk

1. Where Goods are supplied by way of sale, title in those Goods does not pass to the Client until Dum Event has received in full all sums due under the Contract under which they were supplied.
2. Until title passes, the Client holds the Goods as bailee for Dum Event, stores them separately, identifiably marked as Dum Event’s property, and keeps them insured for their full invoice value.
3. If any of the events in clause 13 occurs before title passes, the Client shall make the Goods available to Dum Event, and Dum Event may enter any premises where they are kept in order to recover them.

07Hired Goods & Equipment

1. Unless the Quotation expressly provides for sale, all Goods used or supplied in connection with the Works — including stand structures, system components, graphics frames, furniture, AV and LED equipment — are on hire to the Client for the duration of the project and remain the property of Dum Event at all times.
2. The Client shall keep hired Goods in its possession or control, shall not remove them from the place where Dum Event installed them without prior written consent, and shall indemnify Dum Event against loss of or damage to hired Goods except where caused by Dum Event’s negligence.
3. On expiry of the hire period, or earlier termination of the Contract, Dum Event may retake possession of hired Goods and may enter the venue or any other place of performance for that purpose.

08Intellectual Property

1. Dum Event owns and retains all intellectual property rights in the designs, concepts, drawings, renders, plans, models, specifications and estimates it prepares, including concept designs provided before a Contract is formed.
2. The Client may use such materials only for the purposes contemplated by the Contract. If the Client uses them, or allows a third party to use them — for example to have a Dum Event design built by another contractor — without Dum Event’s written consent, the Client shall pay Dum Event a reasonable design fee, without prejudice to any other remedy available to Dum Event.
3. Where the Client supplies designs, artwork or specifications, the Client warrants that their use by Dum Event will not infringe the rights of any third party, and shall indemnify Dum Event against any claim arising from their use.

09Defects & Remedies

1. The Client must notify Dum Event of any alleged defect in the Works as soon as reasonably possible and in any event within 14 days of discovery. For hired Goods, notice must be given within the hire period; for Goods supplied by sale, within 12 months of delivery. Defects apparent at handover on site should be raised at handover so they can be addressed before the exhibition opens.
2. Provided notice is properly given and the defect was not caused in whole or in part by any matter outside Dum Event’s control — including misuse, alteration by others or the Client’s own designs or materials — Dum Event will, at its option, remedy the defect or refund a fair proportion of the Contract price.

10Liability

1. The remedies in clause 9 are, to the fullest extent permitted by law, in place of all other conditions, warranties and statements concerning the Works, whether express or implied by statute, custom or otherwise.
2. Dum Event is not liable for any defect in the Works arising from its compliance with a design, specification, artwork or instruction supplied by the Client.
3. Subject to clause 10.5, Dum Event’s total liability arising out of or in connection with a Contract — whether in contract, tort (including negligence) or otherwise — is limited to the invoice value of that Contract.
4. Subject to clause 10.5, Dum Event is not liable for loss of profits, business or revenue, or for any special, indirect or consequential loss or damage, however caused, even if foreseeable.
5. Nothing in these conditions excludes or limits Dum Event’s liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.
6. The Client shall indemnify Dum Event against claims, costs and liabilities arising from any breach of the Contract by the Client or any negligent or wilful act or omission of the Client, its employees, agents or other contractors in relation to the Works.

11Cancellation & Postponement

1. The Client may cancel or postpone a Contract only with Dum Event’s written agreement. Exhibition projects are planned, produced and booked against fixed show dates, and costs are committed early; the following therefore applies on any cancellation or postponement.
2. On cancellation or postponement, the Client shall pay for all Works performed and costs committed up to the notification date, including design and project-management time, materials, production, logistics and any non-cancellable services booked with third parties (such as venues, organisers or suppliers) on the Client’s behalf.
3. Where cancellation occurs within 30 days of the first scheduled build-up day on site, the Client is responsible for 100% of the agreed Contract price and all associated committed costs.
4. Once delivery of the Works is due within 60 days, all sums invoiced and paid under the Contract are non-refundable, except as otherwise agreed in writing by both parties.

12Force Majeure

1. A “Force Majeure Event” is an event beyond the reasonable control, and without the fault or negligence, of the affected party, which that party could not have prevented by reasonable diligence — including war, hostilities, acts of terrorism, riot, governmental action, curtailment of major transport systems, earthquake, flood, fire or other natural disaster, epidemic, or strike or labour disturbance.
2. Except for the Client’s payment obligations, each party is excused from its obligations to the extent it is prevented from performing them by a Force Majeure Event. The affected party shall notify the other promptly, and in any event within 5 days of the event occurring, describing the event and the steps taken to minimise its impact.
3. If the Client’s exhibition or event is cancelled due to a Force Majeure Event, the Client shall pay Dum Event for all costs, fees and expenses incurred in providing the Works up to the date of cancellation, including pre-production work and any non-cancellable third-party commitments made on the Client’s behalf.
4. Dum Event may terminate or suspend a Contract, or give partial performance, without liability, where its performance or that of its suppliers is prevented, hindered or delayed by a cause beyond their reasonable control.

13Insolvency

Dum Event may terminate any Contract, or any unfulfilled part of it, with immediate effect if the Client becomes subject to bankruptcy or winding-up proceedings, enters administration or liquidation (other than for solvent amalgamation or reconstruction), makes an arrangement with its creditors, has a receiver or manager appointed over any of its assets, or if Dum Event reasonably believes any of these events is about to occur.

14General

1. No waiver by Dum Event of any breach of Contract is a waiver of any later breach of the same or any other provision, and no failure or delay in enforcing its rights operates as a waiver of them.
2. If any provision of these conditions is held invalid or unenforceable in whole or in part, the remaining provisions, and the remainder of the affected provision, continue in full force.
3. The Client may not assign the Contract, or any part of it, without Dum Event’s prior written consent.
4. A person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

15Governing Law & Jurisdiction

These conditions, and any Contract made under them, are governed by the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales in respect of any dispute arising out of or in connection with them.