TERMS & CONDITIONS FOR OPERATING STALL SITES
THE ROTARY CLUB OF BENTLEIGH MOORABBIN CENTRAL INC. A0026789D (‘the Club’) BENTLEIGH SUNDAY MARKET (‘the Market’) Car Park at 1-5 Bent Street, Bentleigh (‘the Car Park’)
1. TRADING HOURS: The Market trading hours are 7am – 12 Noon. Stall sites may be occupied from 6am for set up. Stall sites not occupied by 7am may be forfeited at the discretion of the Club. Stall sites must be packed up and the Car Park vacated by 1pm.
2. CATEGORIES OF GOODS PERMITTED FOR SALE: Traders are permitted to sell second-hand goods; goods made by the trader; goods of a non-commercial nature; or goods purchased from commercial wholesalers but which are inferior to those that would normally be sold by retailers (e.g. seconds, damaged or redundant stock).
3. SECOND-HAND GOODS: Traders of second-hand goods must register with Consumer Affairs Victoria or risk a fine. Visit consumer.vic.gov.au/businesses/ business-licensing-authority for more information. This does not apply to the sale of personal possessions. Traders selling second-hand electrical equipment must attach a label stating that the equipment is second-hand and has been inspected and tested, and is compliant with AS/NZS 3760, or If it has not been tested, it must include a clear statement on the label stating the equipment is second-hand, with additional words as follows: “Danger-Do Not Use or Connect To Supply- This second hand electrical equipment may be faulty and should be inspected and tested by a competent person in accordance with AS/NZS 3760”
4. GOODS NOT PERMITTED FOR SALE: Traders are not permitted to sell food, beverages (alcoholic or otherwise) confectionery, consumable organic products of any description (including e-cigarettes), cut flowers, animals, poisonous products, prescription medication, illegal or offensive items, firearms, ammunition, explosives, weapons dangerous goods or counterfeit goods.
5.1 Traders must comply with all relevant laws and any requirement of any authority in connection with the Market and the traders’ use of the stall sites.
5.2 Traders must comply with all directions given by Club staff or volunteers.
6. AGENT: The Club is not an agent for any trader and accepts no responsibility for any transaction entered into by or on behalf of traders at the Market.
7. DISPUTES: The Club reserves the right to determine any dispute between traders in so far as any such dispute is in connection with the Market or the use and occupation of stall sites and/or Car Park.
8. RELEASE: The trader uses and occupies the Market and/or Car Park and/or the stall site allocated to him or her at his or her own risk and releases the Club from all claims resulting from any damage, loss, death or injury in connection with the use and occupation of the Market and/or Car Park and/or stall site except to the extent that the Club is negligent.
9. INDEMNITY: The trader must indemnify and hold harmless the Club and its members, staff and volunteers, against all claims resulting from any damage, loss, death or injury in connection with the Market and/or Car Park and/or stall site and the use and occupation of the Market/and or Car Park and/or stall site by the trader except to the extent that the Club is negligent.
10. MARKETING: The Club reserves the right to publish photographic images of traders and/or their stall sites taken at the Market for use in their promotional material.
11. RUBBISH: Traders must keep their stall sites and the surrounding areas free from rubbish and litter at all times. All rubbish and unsold goods must be removed from the Market and/or Car Park and must not be disposed of in shop bins.
12. PARKING: Traders may park vehicles within the stall site allocated to them or in designated on-street parking spaces in the locality of the Car Park. Vehicles must not be parked in vacant stall sites.
13. VEHICLES: Traders are not permitted to use vehicles within the Market after 7am or to remove vehicles from the Car Park until 12 Noon unless directed to by Club staff or volunteers or in the case of a medical emergency, or because of adverse weather.
14. SMOKING: Smoking is not permitted in or at stall sites.
15. ANIMALS: Animals are not permitted in the Market other than guide dogs.
16. CONDUCT: Traders must behave with courtesy and respect towards members of the public, other traders and Club staff and volunteers.
17. CRIMINAL OFFENCES: Traders that are suspected of committing a criminal offence will be reported to the police.
18. USE OF STALL SITES: Traders may only operate within their allocated stall site. The use of walk ways between stall sites and vacant stall sites for the placing or storage goods is not permitted.
19. CANCELLATIONS/RELOCATIONS: The Club expressly reserves the right to cancel any booking of a stall site and/or reallocate a stall site irrespective of the stall site number indicated on a trader’s ticket in circumstances where the Club considers a booking or allocation to be detrimental to the Market or the Car Park or to other traders, or if vehicles are parked in booked stall site(s). The Club also reserves the right to cancel any booking in circumstances where a trader has submitted false or misleading information. If the Club cancels a booking a refund will be given of any stall site fees paid.
20. ADVERSE WEATHER:
20.1 The Club will operate the Market in a variety of adverse weather conditions and Club staff or volunteers will remain in attendance irrespective of adverse conditions. Traders are advised to bring their own protection against the elements.
20.2 In the event of continuous rain or other severe weather conditions, however, traders must decide if they wish to continue to trade. If traders opt to leave the Market, they must vacate the Car Park by 9 am. There will be no refunds, discounts or exchanges other than for hire fees for tables and racks. If traders opt to continue to trade, they must remain until 12 Noon.
21. BREACH: Any breach of these Conditions by the trader may, at the option of the Club, result in the booking and/or allocation of a stall site being withdrawn and/or further bookings of stall sites not being accepted.
EQUIPMENT HIRE TERMS & CONDITIONS
1. Availability: Trestle tables & clothing racks (Equipment Hire Item(s)) are available on first come, first served basis at the Bentleigh Sunday Market office near front entrance.
1.1 Equipment Hire Item(s) can’t be reserved in advance.
2. Cost: The Rotary Club of Bentleigh Moorabbin Central inc (The Club) will provide stall holders (The Trader) an Equipment Hire Item(s) in exchange for the rental fee of $10 each.
2.1 There shall be no refunds in part or full if The Trader returns the Equipment Hire Item(s) before Market trading has ceased at 12 noon. (due to adverse weather, personal issues, or other factors)
3. Rental Term: Equipment Hire Item(s) are to be returned to the Market office by The Trader commencing at 12 noon.
4. Responsibility: It is the responsibility of The Trader to ensure that Equipment Hire Item(s) are displayed/secured in such a manner as to prevent tripping hazzards and/or movement by sudden gusts of wind.
4.1 The Trader is required to transport Equipment Hire Item(s) to and from their stall. Those requiring assistance may have to wait for available Rotary staff.
4.2 Equipment Hire Item(s) must be used within stall boundaries.
4.3 The Trader shall pay replacement costs for Equipment Hire Item(s) damaged or lost due to their negligence.
5. RELEASE: The Trader uses the Equipment Hire Item(s) allocated to them at their own risk and releases The Club from all claims resulting from any damage, loss, death or injury in connection with the use of the Equipment Hire Item(s) except to the extent that The Club is negligent.
6. INDEMNITY: The Trader must indemnify and hold harmless The Club and its members, staff and volunteers, against all claims resulting from any damage, loss, death or injury in connection with the use of the Equipment Hire Item(s) by The Trader except to the extent that The Club is negligent.
WARNING: Once clothing racks are filled with items, they may become top heavy and prone to tipping over, especially during sudden gusts of wind. We advise that The Trader secure The Equipment Hire Item(s) properly.