The Beaches Market - STANDARD TERMS AND CONDITIONS
These are the Standard Terms and Conditions of business for The Parklife Partnership (ABN 94 082 079 372) trading as The Beaches Market (the Market Manager) and will apply to all stallholders attending The Beaches Market. Updated 8/11/2011.
Disclaimer. By attending The Beaches Market, you agree that you have read, understood and accept all of the following terms and conditions in full. You also agree that you are not in any contractual conflict with any other market or organisation, or are prohibited from trading at The Beaches Market for any other reason and you have sought your own legal advise regarding this matter. The Beaches Market, it’s managers and employees can be in no way held liable for any losses or legal action against you if you are held in breach of contract from any existing or previous contracts or agreements whatsoever.
- Trading hours of the market are from 8am to 1pm. Traders will have access to the site from 7am. Stallholders must occupy their site and be ready to trade by 8:00am and continue trading until 1:00pm. If a trader is going to be late, they must contact the market manager at their earliest convenience or at the latest by 07:30am or their site will be allocated to another trader. Vehicles will not be granted access for any reason to the market site before the specified finish of trading time. Stallholders must vacate the site within 90 minutes of the specified closing time or will incur an overtime charge of $25 for each or part of 15 minutes thereafter.
- Traders contact details must be kept up to date with the market managers and consent to be contacted by email. Payment in advance will guarantee a trading place at the market, on the day that has been paid for (subject to arriving before 07:30am). Ability to trade by turning up without advanced notice is subject to manager’s approval of product to be sold and space available. Trader’s sites are non transferable.
- Stall sites will be allocated on each trading day by the managers and the manager’s decision on this matter is final, even if a stallholder has traded in a particular site on previous occasions. Setting up cannot commence before the manager’s approval.
- Stallholders must have a current public and products liability insurance policy with a minimum cover of $10,000,000. No stallholder will be allowed to trade at the market without proof of this cover.
- If the managers feel that the stall or trader is no longer suitable for The Beaches Market, or their display is deemed by the market managers to be unfit for, or cause detriment to the market appearance on a whole, then that trader or stall may be asked to leave immediately and will not be invited back to The Beaches Market.
- Traders must cease trading at the specified time and not before. Upon closing, stallholders must leave their site rubbish free and take home with them their packing materials, plant boxes, empty cartons and cooking oil containers etc. All stallholder waste must be taken home at the end of the day. Failure to clean up adequately will incur an immediate cleaning charge of $25 payable to the market manager. On site bins are strictly for customer use only. Any trader found to be using these on site bins will incur a $25 fee for each bin they use.
At the market.
- Speed limit for any vehicle in the market area will be no more than 5KMH.
- Hazard lights must be flashing whilst the vehicle is moving.
- Traders must unpack and remove their vehicle to the traders parking area as quickly as possible before setting up their stall.
- The Beaches Market is held each and every week whatever the weather. Only in the event of hazardous weather or other extenuating circumstances the managers may declare the market to be cancelled. Bad weather will not result in a refund of monies paid unless the managers call the market off.
- Cancellation of booking. Once booked in, a trader will forfeit the days stall rent if cancelled for reasons other than deemed reasonable by the managers. Weather, transport problems, attending other markets, staff problems or simply not wanting to come are not deemed as reasonable reasons to cancel.
- Stalls must be secured to the ground in the event of winds. All responsibility for accident or damage caused to person or property by unsecured gazebos or any other stallholders equipment or possessions will be assumed by the stallholder and not the responsibility of the market mangers or Pittwater Council.
- Fees are charged per standard stall and no discount for under use will be credited. A further full stall fee is applicable where the stallholder exceeds the standard stall size of 3x3 meters and each further stall size increase above 6x3 meters will incur a further full stall charge. All signs, stock and tent pegs must be kept within stall site boundaries.
- Stallholders wishing to add new products to their stall must firstly apply in writing to the market manager and obtain approval before introducing the new products. No Counterfeit goods may be sold.
- It is the responsibility of stallholders selling food to comply with all local, state and national food safety standards. They must also register with the NSW Food Authority (foodnotify.nsw.gov.au) and have their notification number available for inspection by the managers and Council staff. Some information is available on our website but is not meant to be a complete resource on this subject. Your own research is required for complete certification. Council inspectors will come from time to time. There is always a charge for this obligatory inspection. This charge, if made to the management of The Beaches Market, will be passed on in full to the stallholder, along with any fines they impose. This inspection fee will be taken on the day of inspection and added to the stall rent fee. Fines will be billed separately.
- If a stallholder wishes to sell products labeled as Organic, they must provide documentation from an accredited certification authority for each product and label accordingly. If this certification documentation is not available for the manager’s inspection, that product will not be allowed to be sold as Organic.
- Documentary evidence must be provided for any seller of meat to prove that is was obtained from a licensed butcher.
- Stallholders will be allowed a maximum of 2 (9kg) LP gas cylinders at their stall and must also have a fire extinguisher, fire blanket and ground sheets. Any damage to surfaces must be repaired at the expense of the stallholder.
- Electrical supply is not guaranteed by the market organisers but if available will be granted to a limited number of designated stall sites at the discretion of the market managers Electrical equipment must be tested to Australian Safety Standard AS3760. Electric cables must tagged in accordance with Work Cover and Pittwater Council requirements and must be equipped with a circuit breaker. Stallholders must provide their own extension leads to reach their site from the power supply. This length will vary from site to site. Rubber mats must be provided by the stallholder to cover the full length of the cable from stall to supply.
- The market organisers provide the site only. Stallholders must therefore bring everything they require for their stall with them, including gazebos, tables, table cloths, stall signage etc. No refund of stall fee is applicable to traders failing to bring any display, set-up equipment or protection for their goods, even if the trader is unable to set up.
- All public walkways and aisles must be kept completely clear at all times. No dogs or other animals may be brought into the market.
- The market manager reserves the right to refuse entry to the market and/or terminate the stallholder’s participation at any time. Rude and or aggressive behaviour will not be tolerated and will result in the immediate expulsion of that person and their stall from market.
- A new stall will always start on the casual rate but once a stall has traded continuously for 4 weeks at the casual rate they will go onto the permanent rate. If however a stall does not turn up or cancels a week for any reason they will go back to the casual rate for 4 weeks. Any stall not trading every week is classed as casual. Casual traders will also be required to pay in advance of the market.
- The Beaches Market will not be held liable for any claims made by customers against stallholders, regarding faulty, inedible or misrepresented products sold by traders at the market. All complaints made by customers regarding any product, food, or service sold at The Beaches Market by any stall will be referred back to the trader to deal with. If satisfaction on the matter is not gained then the matter will be referred to the Consumer Affairs Bureau and the Office of Fair Trading.