* Pyrmont Ultimo Chamber of Commerce and Industry Inc. (PUCC) conducts a monthly market in the Pyrmont Ultimo Region.
* PUCC operates the market under a trading name ‘Pyrmont Growers Market’ (PGM).
* Persons wishing to secure stalls at the PGM must lodge an Application Form to secure a stall in the form set out in the website of the PGM (www.pyrmontgrowersmarket.com.au) or by contacting the Market Manager.
* If an application to secure a stall is accepted the stall holder will receive an Acceptance of Application which requires the stall holder to agree to the following terms and conditions:
TERMS AND CONDITONS
1. Market Manager
(a) The Market Manager shall be such person as is advised by the PGM from time to time, but presently is Mick Roche whose contact details are as follows:
Mobile: 0412-366-165 Email: firstname.lastname@example.org
2. Authority of Market Manager
(a) Stall holders shall comply with all directions of the Market Manager relating to the day to day trading of the PGM;
(b) The Market Manager has the permission to operate, control and regulate the PGM including authority to approve or withhold approval to any persons or legal entity to attend, occupy or trade at a stall at the PGM;
(c) The Market Manager may designate areas which stall holders may occupy;
(d) The Market Manager may determine areas and perimeters within the PGM site including locations for stalls, entertainment, seating, and vehicles;
(e) The Market Manager shall at his sole discretion determine the Rules of the PGM applicable to stall holders including trading hours, arrival and departure of stall holders, unloading of equipment, packing up of stalls and equipment, and other rules relating generally to the proper and safe functioning of the PGM;
(f) The Market Manager has as between the Market Manager and the applicant stall holder the unfettered right and sole discretion to determine whether any application for a stall is accepted and in the event that it is accepted shall retain the unfettered right and sole discretion to determine whether a stall is unfit, or causes detriment to the PGM appearance as a whole;
(g) Should the Market Manger determine that a stall holder is in breach of these terms and conditions or the PGM Rules or determine that a stall is unfit for or causes detriment to the PGM appearance as a whole, then the Market Manager
may give notice to the stall holder, without providing reasons, to vacate immediately the PGM and that in respect of any pre paid fees no further stall positions will be provided to the stall holder at any future PGM.
(h) In such circumstances subject to there being no claim against PGM related to the stallholders activities PGM will refund any pre paid fees
3. PGM Code of Conduct and PGM Rules
(a) Stall holders are required to comply with the PGM Code of Conduct in relation to behaviour and sustainability;
(b) The code of conduct may be varied from time to time at the discretion of the Market Manager, and can be obtained from the Market Manger but in general terms will deal with:
* Bullying and insulting behaviour by stall holders or other persons entering the market premises;
* An undertaking by stall holders to prioritise environmental sustainability including plans for recycling, paper bags, other biodegradable bags, and for food products wooden knives and forks.
(c) Stall holders are required to comply with the PGM Rules
4. Casual and Permanent Stall Holders
(a) A casual stall holder shall, subject to acceptance of these terms and conditions and payment of the prescribed fee, be entitled to conduct a stall at the PGM for such number of occasions as the PGM operates during a calendar month;
(b) A permanent stall holder shall, subject to acceptance of these terms and conditions and payment of the prescribed fee, be entitled to conduct a stall at the PGM for such number of occasions as the PGM operates during any continuous three month period of a calendar year.
(a) The fee payable by a stall holder will be as determined by PGM from time to time and will at all times be published on the website of the PGM;
(b) The fee shall vary between fees payable by casual stall holders and permanent stall holders;
(c) The market fee payable by a casual stall holder shall be paid in total 15 days in advance of the market day and in the case of a permanent stall holder shall be paid on a pro rata basis for each market day 30 days in advance of the market day;
(d) Unless otherwise notified by the Market Manager the stall holder’s right to conduct a stall will roll over from month to month (casual) or quarterly (permanent).
(a) Stall holders shall not be entitled by reason of weather to any refund of fees paid in advance ;
(b) Stall holders must be responsible for securing their stalls in the event of high winds or other weather hazards;
(c) Stall holders will in adverse weather conditions comply with the directions of the Market Manager.
(a) Stall holders must comply with all State and Commonwealth laws and regulations applicable to the class of product being sold or services being provided;
(b) Stall holders will be required to produce at the request of the Market Manager licences, written authorities, or such other certification as is relevant to establish that the stall holder is legally able to sell his or her products and services;
(c) Stall holders will comply with any direction by the Market Manager as to any signage which the Market Manager deems necessary to ensure that attendees at the market are not mislead as to the nature of the products and services.
(d) Stall holders will comply with the PGM Rules.
(a) Stall holders must as a condition of conducting a stall have evidence of current public liability insurance (including food product liability) to the extent of 20 million dollars;
9. Warranties and Representations
(a) By lodging an application for a stall, the stall holder warrants that each warranty is true and correct in every respect and shall be construed separately;
(b) The stall holder acknowledges that the warranties given have been given with the intention and for the purpose of inducing PGM to accept the application made by the stall holder and the stall holder further acknowledges that PGM accepts the application on the basis of and in full reliance upon the warranties;
(c) The stall holder warrants and represents that:
* They have installed and maintained work place health and safety measures compliant with their legal obligations and generally designed to minimise and avoid risk to themselves, their employees, servants or agents, and any market attendee;
* They are legally entitled to sell the products and goods;
* They have done nothing which would prejudice their entitlement or that of PGM to indemnity under the stall holder’s insurance policy;
* The equipment which is used to maintain the operation of the stall and assist in the sale of products and services is compliant with appropriate licence, regulatory, and legal requirements, and is in good condition, and in
respect of electrical equipment including but not limited to compliance with the relevant Australian Safety Standard including but not limited to AS3760;
* They have complied with the obligations set out in clause 7(a);
* They have, at the time of every payment of the applicable fee had the opportunity to read or read these terms and conditions and the PGM Rules and accept all of their obligations thereunder;
* They have complied with clause 11(c);
* The information set out in the application form lodged by the stall holder is true and correct.
(a) The stall holder unconditionally and irrevocably indemnifies PGM against any and all damages and losses to persons or property, and all costs and expenses which are incurred by or claimed from PGM in relation to the stall holders conduct of the stall at the PGM;
(b) This indemnity continues until the stall holder’s activities which create the risk of loss come to an end;
(c) The stall holder’s obligation is a primary obligation and PGM is not obliged to proceed against any other person before making a demand for payment pursuant to this indemnity.
11. Variation of Terms and Conditions and PGM Rules
(a) The Market Manager may vary these terms and conditions or the PGM Rules at his or her discretion without notice to or consultation with any stall holder;
(b) Terms and conditions or PGM Rules which have been varied will be published as soon as practicable on the PGM website and the stall holder acknowledges that by such publication the stall holder is notified of and subject to such variation ;
(c) The stall holder by lodging an application for a stall acknowledges that he or she has read the terms and conditions and PGM Rules which are current on the website of the PGM at the time of the application and the stall holder warrants and represents to the PGM to that effect.
12. Intellectual Property
(a) Intellectual Property means the confidential information, presentation, logos, brand names, marketing materials, products, and technology associated with the business of the stall holder and its presentation at the PGM and includes pictorial representations of the stall holder, and his or her employees or agents;
(b) The stall holder licences exclusively to PGM the right to use its Intellectual Property for any market, advertising or other business related use related to the business of the PGM;
(c) Such licence shall continue for a period of 12 months following the last date on which the stall holder conducts a stall at the PGM;
(d) No licence fee shall be payable by PGM to the stall holder.