CAMBRIDGE MARKETS VENDOR AGREEMENT
Cambridge Markets Pty Ltd (ABN 81617614605) has set out in this document its standard Term and Conditions of business, which together with the Application Form, will apply to all arrangements with Vendors (Stallholders/Traders/Owners), and constitute the ‘Vendor Agreement’.
2. Vendors must comply with the Vendor Agreement (which may be amended and updated from time to time by email), any directions of Cambridge Markets (the Market Managers) and any statutory or similar obligations placed upon them.
3. Application Forms must be filled in to apply for a position at one of Cambridge Market’s venues. Acceptance is at the discretion of Cambridge Markets.
4. With the ticking of the box agreeing to Term & Conditions on the application form, all Vendors confirm that they have considered Workplace Health and Safety so far as it relates to the use of electricity at the market.
5. Once notified of their successful application, Vendors would have indicated their approval of these Terms and Conditions by their already ticked T&Cs box on the online Application Form as well as by making payment. This then secures their place at the applicable Cambridge Markets. Attendance at any of our markets also confirms Vendor’s acceptance of the Terms and Conditions.
6. Fees:
6.1 The Vendor must pay the Fee on the due date set out in the Application or on the invoice issued for the Application. At the discretion of Cambridge Market, the Vendor Application may be terminated if the Vendor defaults in the payment of the Fee by the dates specified in the Application or on the invoice.
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6.3 Fees are charged per standard stall with no discount for under use. Additional Stall Fees are charged where a vendor exceeds a standard stall size, that is 3x3m. Vendor Fees are based on an agreed area. If the Vendor trades outside of this agreed area, additional fees may be charged at the discretion of the Market Manager.
6.4 Access to the market can be refused (or a Vendor who is at the market may be asked to leave the market) by the Market Manager or assistants of Cambridge Markets at any time when Fees are outstanding or as a result of any breach of this Vendor Agreement.
6.5 Permanent stalls are stalls that trade twice a month on the same day.
6.6 There are no refunds.
7. Cambridge Markets Responsibilities:
7.1 The location and allocation of stalls is at the absolute discretion of Cambridge Markets.
6.2 Stall Fees vary, depending on which market you are applying
for. All Stall Fees are listed on the application form on our website
7.2 Cambridge Markets reserves the right to move the position of any stall.
7.3 Set-up details and times vary from market to market. Cambridge Markets will provide this information before you trade at the market.
7.4 Cambridge Markets’ Managers and Assistants will be in high viz vests and will assist with directions. Please approach them if you have any queries or need help.
7.5 Cambridge Markets shall use Vendor participants' full names, photos, or other types of representations of the events without asking permission of the subjects.
8. Vendor Responsibilities:
8.1 Vendors are expected to keep Cambridge Markets updated with their contact details.
8.2 Particular care, courtesy and consideration are expected of Vendors while setting up and packing down.
8.3 Vendors are to provide their own white tents and must stay within their 3x3m space. Weights are mandatory for every market. NO PEGS. Vendors must bring all their own tables, white table covers, chairs, tents and equipment.
8.4 Aisles must be kept clear and boxes stored under tables or away from sight. Presentation of stalls must be of the highest standards.
8.5 Prior to each market day, Vendors will be given an allocated time to Bump In and a site map of where they’re to be positioned. Vendors must Bump In during their time slot. Vendors are to set up only in their allocated space. Vendors are to remain in that space irrespective of weather conditions, unless notified by Cambridge Markets.
8.6 If there is vehicle access then the driver should drive at under 5km/hr, use their hazard lights, turn off the radio and open the window.
8.7 Vehicle access differs for each market, again please check with Cambridge Markets. Vehicles are not to hold up traffic but need to drive carefully near Cambridge Markets, unload first where instructed, do not set up and exit quickly.
8.8 Market activity must be contained within the Cambridge Market area.
8.9 No amplified music is permitted. No un-silenced generators are permitted.
8.10 No alcohol shall be sold to consume at the market unless it is specifically a food and alcohol event, in which case Cambridge Markets holds the temporary liquor license and the stall has been specifically booked to sell alcohol to consume on site.
8.11 No counterfeit goods to be sold.
8.12 Vendors must provide flooring to protect the ground surface.
8.13 Vendors must remove their own rubbish.
8.14 Vendors cannot pack up and vacate the area until the completion of the Market day. Please enquire with the Market
Managers or on the website for the closing hours of each Cambridge Markets.
8.15 Tents and products can be walked out after the end of trade of Cambridge Markets, however, vehicle access varies with each market, please check with the Market Managers.
8.16 If there is vehicle access, you will not be able to drive in until the area is cleared of all pedestrians. Market Mangers will have a running schedule for this and will direct, accordingly.
8.17 Vendors shall ensure appropriate behaviour to all visitors at our events/markets.
8.18 Vendors are to consider and adopt policies to minimise or avoid risks to themselves, their employees and other people at Cambridge Markets.
8.19 Vendors are to consider Workplace Health and Safety as it applies to their business and staff and that of doing business at Cambridge Markets.
8.20 Power is not provided on Market day, unless prearranged with Cambridge Markets. The hot/food product stalls who need electricity are to notify Cambridge Markets prior to the market day and if stated, shall pre-pay the extra fee by the due date. If electrical equipment is permitted (under a pre-arrangement with Market Managers), it must comply with Australian Safety Standards AS3760. If stalls have been approved by Cambridge Markets to bring generators along, they must be silent and not omit smoke or any dangerous fumes.
8.21 Vendors are to have all leads and equipment tagged in accordance with the statutory requirements, and ensure any leads and generators are placed in such a manner so as not to create trip hazards or to present a hazard to the public through exhaust or heat.
Electrical cables are to be heavy-duty construction standard and must have a circuit breaker. Cambridge Markets is not qualified to provide extension leads or otherwise assist in connection with power outlets.
8.22 Vendors using gas must contact Cambridge Markets prior to the market.
8.23 Vendors must not have at their stall more than: - One litre of approved flammable liquid
- One cylinder of no more than 25 litres of LP gas in use with one spare (the cylinders must be in accordance with AS1596-1989) at their stall.
8.24 Gas cylinders must be secured to avoid dislodgement. Fire extinguishers and fire blankets must be carried and ground sheets employed. Any damage to surfaces (including grass flooring) must be repaired at the cost of the Vendors. Otherwise under this rule, no naked flames should be burned in the market.
8.25 No animals are allowed into the market without the consent of Cambridge Markets.
8.26 Vendors can only sell the range of goods agreed to with Cambridge Markets and must not take on other traders’ goods for sale without prior approval as this may conflict with other Vendors’ goods.
8.27 Vendors selling food must comply with the NSW Food Authority guidelines, the National Code for Food Vending Vehicles and Temporary Food Premises and the requirements of the 2003 Food Act, Food Registration 2001, and will meet the requirements of whichever Council area they are trading in. All food stalls must meet the Food Regulations 2004 and Food Standards Code and any local Council Codes. Food Stalls of any kind must always check with the
Council well before the market date of specific requirements as each Council is different.
8.28 Vendors to provide what information they will need with regards to basic requirements such as power supply and waste disposal, if any. If applicable, discuss with Cambridge Markets any suggestions in ways to maintain food safety and hygiene. Appropriate fire safety equipment should be easily accessible.
8.29 Certified Organic and/or conversion to Organic, can only be used on products that have been certified by either a Government Accredited certification body (such as AQIS in Australia); IFOAM, or ISO 65 with an organic component. Please maintain documentation to verify this status of certified organic or conversion to organic, and particularly if labelled as such. Vendors are to understand that unless their products are certified Organic, no reference should be made verbally or with signage to this claim. If you do comply with Organic certification, then please display your documents at your stall.
8.30 Any food vendor selling produce that is not certified organic or in conversion must display a standard sign, with no suggestions of misleading claims of their produce/goods being Organic.
8.31 Food Vendors are to register with the NSW Food Authority; and if required appoint a qualified Food Supervisor; give appropriate warnings if required on food labels; and give appropriate training to all staff.
8.32 There is to be no washing up of equipment once service is complete. Washing up is against council regulations. Hand washing is permitted.
8.33 Operating Vendor’s business must adhere to all applicable NSW Laws, including Trade Licenses, Insurances and Permits.
9. Weather Policy
9.1 All Vendors are to be adequately secured against wind and for wet weather.
9.2 All care must be taken when putting tents down in severe weather, particularly with high winds. If there is lightning, do not take down tents, walk with poles or put umbrellas up.
9.3 Vendors should consider wearing sunscreen and hat and enclosed shoes are mandatory.
9.4 Markets are all weather venues. Inclement weather is NO excuse for non attendance. Vendors must make arrangements to ensure that the stalls are always available.
9.5 The Permanent Markets will go ahead rain, hail or shine unless as otherwise determined by local council rules and regulations. No refunds will be paid.
9.6 For the seasonal and one-off Markets, Cambridge Markets will only cancel due to a forecasted or actual severe weather which will be determined by reference to any applicable local council rules and regulations, and the BOM weather app (taking into account wind percentage, rain percentage and rain amount). Cambridge Markets will then provide the Vendor the opportunity to roll over any agreements and money paid with respect to these Markets to secure their spot at the next available market. Cambridge Markets will honour original pricing on any available package as part of the roll over. Only one reserve date will be offered.Cambridge Markets policy is that we don’t offer refunds and we only cancel if the weather becomes dangerous.
Once a market starts we do not refund nor reschedule. We only reschedule if there is a predicted weather event and that decision is made prior to the commencement of the market date.
10. Disclaimer: Cambridge Markets Pty Ltd (including Market Managers and staff) are not liable or responsible for any of the following circumstances:
10.1 For any lost, stolen or damaged goods before, during or after a Cambridge Markets event.
10.2 For any accidents or injuries to any vendors or customers or products incurred from borrowing Cambridge Market or EQ supplied equipment.
10.3 For any accidents or injuries to any vendors or customers or products incurred by third party contractors.
10.4 For any accidents or injuries to any Vendors or customers from products they buy, touch, trial or interact with whilst at The Cambridge Markets.
1. For the actions of any food Vendor of any type at The Cambridge Market that may cause sickness or injuries as a result of food vendors actions, errors or omissions.
2. Cambridge Markets is not responsible or accountable for the rejection by any required food permit or a temporary Food Permit after booking has been confirmed or on site after an inspection by relevant Food Control authorities as a result of the failure by a food Vendor to comply with food Control Regulations.
3. Cambridge Markets reserves the right to not refund any fees paid by Vendors for future bookings.
4. Cambridge Markets is not responsible for the sales or the lack of sales by the Vendor.
11. Liability and Indemnity:
1.
The Vendor shall hold harmless, release and indemnify and keep released Cambridge Markets from and against all actions, suits, claims, demands, costs, charges and expenses (including legal fees) for which the Market Manager, their servants, assistants or agents may be held liable in respect of loss, damage, accident or injury of whatsoever nature or kind and however sustained or occasioned and whether to property, persons in connection with the use of any stall and any work connected therewith.
2. Nothing in these conditions excludes, restricts or modifies the application of provisions of any statute (including the Trade Practices Act 1974) where to do so would contravene the statute or cause any part.
12. Insurance
12.1 All businesses should ensure they have all their own insurances should an incident arise that puts them at risk. All Vendors must have Public Liability, minimum $10 million. A copy is to be sent through
with the application form and brought along on the day. If you do not
have Public Liability please contact the managers, as you can tap onto Cambridge Markets’ Public Liability for a fee of $30.
Termination:
13.1 Cambridge Markets reserves the right to terminate a Vendor’s participation at any time, before, after or during Market day.
13.2 Cancellation of stalls affects the whole market and while we understand emergencies do occur, repeat cancellations may jeopardise your position and future application success.
Intellectual Property Rights
14.1 The Vendor will retain all intellectual property rights of the Vendor but will grant Cambridge Markets a non-exclusive license to use the intellectual property rights for the purposes of promoting the Market and incorporating the intellectual property into promotional material.
14.2 The Vendor is prohibited from using any of the intellectual property rights of Cambridge Markets, without the written consent of
Cambridge Markets, which may be withheld in its absolute discretion.
Confidentiality
15.1 Both parties must treat the Confidential Information of the other party confidentially.
15.2 Both parties must not use, attempt to disclose to any third party for any reason the Confidential Information of the other party without the written permission of that party, other than:
i. as required by law; or
ii. to its professional advisors to obtain professional advice; or iii. as required by law or the rules of any stock exchange.
16. Privacy
16.1 All personal information of the Vendor and its officers, employees, contractors and agents, will be handled in accordance with any applicable Privacy Laws, and the Cambridge Markets Privacy Policy.
16.2 Vendors consent to Cambridge Markets using their email and phone number and to the use of their photographs supplied by the Vendors and/or their social media images and/or photos taken at the markets.
18. Force Majeure
If the holding of the Markets is prevented, delayed or abandoned by strikes, riots, lockouts, trade disputes, acts of restraint of foreign or domestic governments, pandemic or other causes not within the control of Cambridge Markets, then Cambridge Markets may
terminate the agreement and it is agreed that Cambridge Markets will not be held responsible for any loss of trade or profit consequent upon such cause.
Transfer by Cambridge Markets
Cambridge Markets may transfer any of its rights and obligations under this agreement. Cambridge Markets must promptly give notice in writing to the Vendor of any such transfer.
Governing Law
This agreement is governed by the laws of New South Wales and the parties irrevocably submit to the exclusive jurisdiction of the
courts of New South Wales.
Entire Agreement
This agreement is the entire agreement between the parties relating to the subject manner and replaces all previous representations and agreements on the subject manner.. Should the Application be
terminated because of default in payment of Fees, the Vendor will not be entitled to any form of compensation whatsoever, whether for loss of profits or otherwise, and any monies paid by the Vendor will not be refunded.