Elite Projex Pty Ltd – Terms & Conditions of Service
ABN 96 618 180 484
1. General
1.1 These Terms and Conditions of Service (Terms) apply to all services provided by Elite Projex Pty Ltd (Elite Projex, we, us or our) to the client, customer, hirer or purchaser engaging our services (Client, you or your).
1.2 These Terms form part of and are incorporated into all quotations, proposals, scopes of work, approvals, tax invoices and other contractual documents issued by Elite Projex in connection with the supply of goods and services (Contract).
1.3 By signing a proposal, approving works in writing, accepting a quotation, making payment, or instructing Elite Projex to proceed with any services, the Client is deemed to have accepted and agreed to be bound by these Terms.
1.4 Elite Projex reserves the right to amend, vary, replace or update these Terms at any time without notice. The current version of these Terms as issued by Elite Projex shall apply to all current and future engagements unless otherwise agreed by Elite Projex in writing.
2. Definitions
2.1 In these Terms, unless the context otherwise requires, Services means all exhibition, event, design, project management, production, fabrication, construction, hire, logistics, freight coordination, installation, dismantle and related services supplied by Elite Projex.
2.2 Equipment means all hire items, stand structures, framework, furniture, lighting, audiovisual equipment, fixtures, fittings, graphics systems and associated materials supplied by Elite Projex on a hire basis.
2.3 Client Goods means any products, merchandise, displays, samples, equipment, collateral, materials or other items owned by or supplied by the Client or on the Client’s behalf.
2.4 Client-Purchased Assets means any stand elements, structural components, counters, banners, removable wall graphics, hardware or other items expressly identified in the proposal or quotation as being purchased by and transferred to the Client.
2.5 Proposal means any quotation, proposal, scope of works, design presentation, pricing schedule or similar document issued by Elite Projex.
2.6 Venue Services means any services, charges or approvals imposed, supplied or administered by a venue, exhibition organiser, contractor, facility manager or third-party supplier, including but not limited to power, plumbing, rigging, internet, Wi-Fi, storage, forklift services, loading dock access, catering, cleaning and onsite logistics.
3. Quotations and Stand Classification
3.1 All quotations and proposals issued by Elite Projex are valid for fourteen (14) days from the date of issue unless otherwise stated in writing.
3.2 Unless expressly stated otherwise in the relevant Proposal, all stands, structures, components and associated items are quoted as hire items only and remain the property of Elite Projex.
3.3 Any custom elements or stand items which the Client wishes to purchase, own or retain must be expressly identified in the Proposal as Client-Purchased Assets, Client-Owned items, or similar wording clearly indicating transfer of ownership to the Client.
3.4 Only those items expressly identified as Client-Purchased Assets shall be transferred to the Client. All other items, whether custom made or not, remain the property of Elite Projex unless expressly stated otherwise in writing.
3.5 All pricing is based on the agreed scope of work, current supplier pricing, known venue and organiser requirements, and available information at the time of quoting. Any change to the scope of works, timing, approvals, specifications, supplier pricing, labour requirements, logistics, or venue requirements shall constitute a variation and may result in additional charges payable by the Client.
4. Design, Artwork and Approvals
4.1 All artwork supplied by the Client must be provided in a print-ready format and in accordance with the artwork specifications issued by Elite Projex.
4.2 Elite Projex accepts no responsibility for any errors, omissions, file setup issues, colour discrepancies, formatting defects, incorrect dimensions, low resolution, spelling mistakes, production issues or other deficiencies contained in artwork supplied by the Client.
4.3 Where Client-supplied artwork requires correction, resizing, formatting, panel splitting, colour adjustment, pre-press preparation or other design work, such work shall be charged at a rate of $150.00 per hour exclusive of GST.
4.4 If the Client does not have access to an experienced designer capable of supplying large-format print-ready artwork, Elite Projex recommends that the Client engages Elite Projex to prepare the artwork. A separate quotation for such services can be provided on request.
4.5 All plans, drawings, designs, concepts, stand layouts and related documentation prepared by Elite Projex are subject to approval by the relevant exhibition organiser, venue, authority or other approving entity.
4.6 Upon Client sign-off, Elite Projex will submit the required plans and documentation for venue and organiser approval. All designs and pricing are prepared in good faith based on current venue and organiser requirements as known at the time of quoting.
4.7 If, at any time, a venue, organiser or other approving entity requires amendments, redesign, additional documentation, compliance measures, engineering changes, service relocation, structural modification or any other alteration, then any resulting cost, delay, redesign, labour, production or supplier charge shall be treated as a variation and shall be payable by the Client.
4.8 Where engineering certification is required by a venue, organiser or approving authority, such certification is not included unless expressly stated in the Proposal. Elite Projex may arrange engineering certification through its nominated engineer. Any such engineering services will be subject to quotation and Client approval prior to engagement, and all associated costs shall be payable by the Client.
5. Client Assets, Freight, Storage and Logistics
5.1 All Client Goods always remain entirely at the Client’s risk.
5.2 In the event that a client product or other Client Goods are sent to the Elite Projex warehouse for stand integration by prior arrangement with the Elite Projex team before the show, those goods remain entirely at the Client’s risk. While all reasonable care is taken, Elite Projex accepts no liability whatsoever for any loss, theft, damage, delay, deterioration or other claim in respect of those goods.
5.3 All Client-Purchased Assets become the sole responsibility of the Client upon handover, dispatch, collection, delivery onsite or other transfer of possession, whichever occurs first. From that time, the Client is solely responsible for all handling, maintenance, repairs, refurbishment, touch-ups, freight, transport, storage, insurance and general upkeep of such assets.
5.4 All freight, transport and logistics services are arranged by Elite Projex on behalf of the Client through third-party providers.
5.5 All freight, transport, carrier and logistics costs are estimates only and are subject to change, including but not limited to fuel surcharges, carrier pricing, access restrictions, loading dock conditions, delivery timing, venue requirements and third-party supplier charges.
5.6 Elite Projex shall not be liable for any loss, damage, delay, deterioration or additional cost arising from freight, transport or logistics services, including but not limited to carrier handling, transit conditions, late delivery, venue delays, loading dock restrictions, supplier delays or external factors beyond its control.
5.7 All Venue Services are controlled by third parties, and all associated costs are estimates only at the time of quoting. If any Venue Services costs increase, change, are reissued or are applied after the date of quotation, including but not limited to power, plumbing, rigging, freight handling, onsite logistics, catering, internet or Wi-Fi, such additional costs will be advised to the Client and shall be payable as a variation.
5.8 Where Elite Projex includes or facilitates self-serve coffee machines or similar external equipment, venues or organisers may impose access fees, handling fees, service fees or other charges for bringing such equipment onsite. Unless expressly stated in the official exhibition manual or included in the Proposal, such costs may not be known until final plans are submitted for onsite build approval and any such charges shall be advised to the Client and payable as an additional cost.
5.9 While all reasonable care is taken during bump-in, installation, the event period, dismantle and bump-out, Elite Projex accepts no liability whatsoever for any damage to graphics, Client Goods or Client-Purchased Assets occurring at any stage, including damage sustained during handling, dismantle, packing, removal or transport.
5.10 Client-owned stand assets, Client-Purchased Assets and reusable graphics, including but not limited to overhead banners and removable wall graphics, may be retained by the Client if the Client notifies its Account Manager accordingly. One-time-use items, including stickers and vinyl graphics, are excluded unless otherwise agreed in writing.
5.11 Where the Client wishes to retain such items, collection must be arranged with the Client’s Account Manager and must occur from the Elite Projex warehouse within seven (7) days following the event bump-out date.
5.12 If the Client wishes Elite Projex to store any Client-owned stand assets, Client-Purchased Assets or reusable graphics, the Client must advise its Account Manager, and a separate storage quotation will be provided.
5.13 If no collection or storage arrangement is confirmed and the relevant items are not collected within seven (7) days following bump-out, Elite Projex reserves the right to dispose of such items without further notice and shall have no liability in respect of such disposal.
6. Fees and Charges
6.1 Design, artwork, graphics, revisions and related creative services shall be charged at a rate of $150.00 per hour exclusive of GST.
6.2 Onsite labour, additional works, variations, troubleshooting, modifications and Client-requested changes shall be charged at a rate of $160.00 per hour exclusive of GST, with a minimum charge of four (4) hours per resource.
6.3 Additional charges and penalty rates may apply for work performed outside standard business hours, on weekends, on public holidays, or where venue access, timing or site conditions require additional labour or time.
7. Liability and Indemnity
7.1 To the maximum extent permitted by law, Elite Projex excludes all liability for any indirect, consequential, incidental, special or economic loss, including but not limited to loss of profit, loss of opportunity, business interruption, loss of goodwill or reputational damage.
7.2 The Client indemnifies and holds harmless Elite Projex, its officers, employees, contractors and agents from and against any claim, demand, liability, loss, damage, expense or proceeding arising from or in connection with the Client Goods, Client-Purchased Assets, the use of Equipment, the acts or omissions of the Client, or the acts or omissions of third-party providers engaged in connection with the event.
7.3 Where any statutory guarantee or right cannot be excluded, Elite Projex’s liability is limited, in its option, to the re-supply of the relevant services or the cost of re-supplying those services.
8. Insurance
8.1 The Client is solely responsible for maintaining adequate insurance cover for all Client Goods, Client-Purchased Assets and any other property owned by or supplied on behalf of the Client.
8.2 Elite Projex may maintain its own business and public liability insurance; however, such insurance does not extend to cover Client Goods or Client-Purchased Assets unless expressly stated in writing.
9. Intellectual Property
9.1 All concepts, drawings, designs, layouts, quotations, renders, pricing documents and other materials created by Elite Projex remain the intellectual property of Elite Projex unless otherwise agreed in writing.
9.2 The Client must not reproduce, distribute, disclose, provide to third parties or use any Elite Projex design, concept or documentation for manufacture, pricing, tendering or construction by another party without Elite Projex’s prior written consent.
10. Force Majeure
10.1 Elite Projex shall not be liable for any delay, failure, non-performance or additional cost arising from any event or circumstance beyond its reasonable control, including but not limited to venue restrictions, organiser delays, supply shortages, freight disruption, labour shortages, industrial action, weather events, acts of God, government actions or failure of third-party services.
11. Payments, Variations and Cancellations
11.1 A non-refundable deposit equal to fifty percent (50%) of the total contract value is required prior to commencement of any Services, including design, project management, production, supplier engagement or scheduling.
11.2 The remaining fifty percent (50%) balance is due fourteen (14) business days prior to the scheduled bump-in date.
11.3 Elite Projex reserves the right to suspend Services, withhold freight, withhold delivery, refuse installation, pause production or otherwise cease performance where payment has not been received in full by the due date, and any resulting delay, rescheduling cost or consequence shall be the Client’s responsibility.
11.4 Any variation to the agreed scope of works, inclusions, timing, labour, approvals, logistics, services or deliverables shall be charged to the Client and may be invoiced as incurred or prior to execution, at Elite Projex’s discretion.
11.5 If any invoice is not paid by the due date, Elite Projex may charge interest on the overdue amount at a rate of six percent (6%) per week, together with all debt recovery, collection, administrative and legal costs incurred by Elite Projex in recovering the outstanding amount.
11.6 Projects confirmed within six (6) weeks of the scheduled bump-in date may incur a surcharge of up to fifteen percent (15%) to account for short lead times, expedited production, supplier premiums and resource allocation.
11.7 If the Client cancels the Contract after approval has been provided, Elite Projex may charge a cancellation fee equal to not less than fifty percent (50%) of the contract value. Any custom items, special order items, printed items, committed supplier costs, approved production costs and other non-recoverable costs shall be payable in full.
11.8 If cancellation occurs within eight (8) weeks of the scheduled bump-in date, Elite Projex reserves the right to charge the full contract value.
11.9 Elite Projex reserves the right to terminate the Contract immediately in the event of non-payment, breach of these Terms, Client misconduct, abusive behaviour, reputational risk, withheld project information, unsafe site conditions or interference with Elite Projex’s performance, and all outstanding amounts shall become immediately due and payable.
12. Acceptance
12.1 These Terms are deemed accepted upon the earlier of the Client signing a proposal, approving works in writing, instructing Elite Projex to proceed, or making any payment in connection with the Services.