Market Fair Ferntree Gully
TERMS AND CONDITIONS
We look forward to working together with you at Market Fair.
By applying to join us at Market Fair, you agree to the following Terms and Conditions.
“Licensor” means Property Mark Pty Ltd trading as Market Fair.
“Licensee” means you personally and your company (as applicable), any of your staff, contractors,
agents or representatives.
“Stall Fee” means the fee including GST per calendar month for your stall category as outlined in your
application form.
The Market Fair FAQs and Application Form form part of this Agreement.
1. Trading Hours
Market Fair is open everyday, 10 am to 5 pm, 7 days per week excluding Christmas Day, before 1 pm
on ANZAC Day and Good Friday.
2. Applications
We assess your application to be a stallholder with the Licensor based on a range of criteria,
including diversity of stallholder offerings and supporting local retailers and artists.
The Licensor may at its sole discretion decline any applications.
Once your application to be a stallholder has been approved by the Licensor you are
required to pay the Stall Fee in accordance with 3. below.
Your stall licence at the Market Fair must not be transferred, sub-licensed, sold or assigned
to any other entity without the Licensor’s prior written consent. If the Licensor consents to
your licence being transferred, sub-licensed, sold or assigned to another party, you warrant
that the party receiving those rights has agreed and is bound by these terms.
3. Stall Fee, Commission & Sales
Once your application is accepted, your Stall Fee is payable each calendar month and is
payable one calendar month in advance.
The Stall Fee is deducted from your sales totals where you will continue to have a stall at
Market Fair.
No duties are required as part of your payment towards your stall.
Commission is charged at 10% of the GST inclusive price of all sales.
Payment processing fee is charged at 1% of the GST inclusive price of all sales.
All sales must be made at the front counter by the Licensor’s sales staff.
You are not required or permitted to staff or man any area allocated towards your products.
Sales will be processed by the Licensor’s sales staff. Stallholders are asked to make
themselves available by telephone for any customer queries during trading hours, please
provide a contact telephone number to the Licensor.
4. Payment
Sales totals are processed twice per calendar month;
Cycle 1 - 1st to the 15th;
Cycle 2 - 16th to end of month.
For each cycle, you will be paid your sales totals, less:
commission on sales for the cycle;
your stall fee pro rata for the cycle;
payment processing fees on sales for the cycle;
ticket barcode fees (as outlined in the Market Fair FAQs); and
any other amount owed to the Licensor.
3. 4. Payments will be made within 3 business days of the end of the cycle by direct credit to a
bank account nominated by you.
Sales information and statements are available online through the Market Fair Portal.
5. Stall Appearance & Stocking
1. 2. 3. 4. 5. Your stall must be kept clean, well stocked and tidy at all times to maintain Market Fair’s high
standards.
You must only use your stall for the purposes of displaying for sale the products outlined in
your application to be a stallholder.
You must only display your products in a manner which does not interfere with those of the
other stallholders or the branding of the Licensor.
Stocking and restocking your stall must occur during Market Fair opening hours.
Should the Licensor determine at its sole discretion that your stall is not being maintained to
the appropriate standard:
1. 2. you will receive a written warning providing 14 days to return your stall to its required
standard of cleanliness and appearance; and
should your stall not be returned to the standard required by the Licensor, you will be
charged a cleaning fee of $30 per hour to restore your stall to an appropriate level of
maintenance.
6. Pricing & GST
1. 2. All price labels must be generated using the Market Fair online portal system and must
include a short description of the item and price.
All items must be labeled with a single price, generated through the Market Fair Portal.
Pricing must comply with consumer legislation. Stallholders are prohibited from engaging
in the following:
• displaying prices that are likely to create a false impression or confuse customers, such as
stating that a price is marked down from an earlier price or using was/now prices;
• manually repricing items by crossing out the original price and writing in a new price;
• offering percentage discounts or promotional offers, such as "buy one, get one free”; and
• offering promotions or discounts that differ from the ticketed price.
3. If a stallholder displays multiple prices for the same item, Market Fair will sell the product at
the lowest displayed price, regardless of whether the difference in prices was intentional or
accidental.
4. You must immediately notify the Licensor if you are registered for GST or become
registered for GST. If you are registered for GST or become registered for GST, you must
provide your Australian Business Number (ABN) to the Licensor.
27. Responsibility For Damage
1. You warrant that you are liable for and indemnify the Licensor against any damage:
a. b. caused by you to your stall space, the market premises or the Licensor; and
or injury caused by or due to your products including but not limited to failure to comply
with any laws, regulations and standards or any malfunctioning or not being fit for its
purpose.
2. You agree you have no right to claim any compensation against the Licensor for any loss or
damage that you may suffer however arising from your involvement with the Licensor. You
agree the Licensor does not have liability for any direct, indirect or consequential damage,
loss or harm of any nature suffered by you that may result from your licence with the
Licensor.
3. A high level of care will be taken to prevent theft and breakages. You agree the Licensor is
not responsible and cannot be held responsible or liable for any theft, damage or actions
that cause a reduction in the value of your products or stall. At all times, your items are kept
at your own risk.
4. You agree that you will hold current Public & Product Liability Insurance with a minimum
cover of $10 million at all times while operating at Market Fair. You must provide evidence of
this insurance prior to your move-in date and whenever reasonably requested by the
Licensor.
8. Termination
1. Either party can terminate this licence by providing written notice to the other party. The
minimum notice period for termination is one full payment cycle, meaning termination will
occur at the end of the payment cycle that occurs after the notice was given. The cuttoff is 5pm on the last day of the cycle.
EXAMPLE 1 - Notice is given on the 14th, termination will occur on the last day of that
month.
EXAMPLE 2 - Notice is given on the 24th, termination will occur on the 15th of the
following month.
2. Written notice can be given by methods including:
a) b) email to the Licensor at info@visitmarketfair.com.au;
email to the Licensee at the email address nominated by you on application or as
updated and notified to the Licensor in writing during your term with the Licensor; or
c) postal mail to the Licensor at Market Fair, Shop 2, 794 Burwood Highway, Ferntree Gully
VIC 3156.
9. Uncollected Goods
1. On termination of this licence, all goods belonging to the Licensee must be removed from
Market Fair on the termination date. You agree that any goods of the Licensee remaining at
Market Fair after the termination date (uncollected goods) may immediately be disposed of
by the Licensor without further notice in any manner it chooses, including by donating,
selling at any price, destroying or retaining for own use. The Licensee is liable for any costs
to the Licensor in respect of storage, sale, disposal or transport of any uncollected goods.
2. If the Licensor determines to sell any uncollected goods of the Licensee to cover any
outstanding monies owed by the Licensee to the Licensor and/or any costs incurred by the
Licensor associated with the uncollected goods;
3a) If the proceeds from sale exceed the amount owed to the Licensor, the amount in excess
will be paid to the Licensee to their nominated bank account; or
b) If the proceeds from the sale does not cover the amount owed to the Licensor, the
Licensor reserves its rights to pursue the debt owed.
10. Unidentified Items, Lost Property
Photographs of unidentified items will be posted to the Market Fair Stallholders Facebook
group. You agree that, if, after 60 days from the day of posting on Facebook, the item/s
remain uncollected or un-identified, Market Fair will dispose of the goods in any way it
chooses, including by donating, destroying, disposing or retaining for its own use.
11. Warranty
You warrant that all products sold in your stall:
1. 2. 3. 4. comply with all relevant safety laws and regulations;
do not infringe any third party rights including intellectual property rights;
do not contain material which is abusive, defamatory, hateful, discriminatory, racist,
sexist, offensive, misleading or deceptive or is otherwise unlawful in any manner; and
are sold with appropriate permits as required, the obtaining of which is your sole
responsibility.
12. Electrical & Safety
1. The sale and supply of second-hand electrical equipment imposes legal obligations under
electrical safety legislation. To ensure compliance with the legal requirements the Licensee
must ensure that all second-hand electrical equipment offered for sale be either;
1. 2. Tested and tagged in compliance with AS/NZS3760, or
clearly labelled with the following wording:
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
2. All electrical equipment connected to the electricity supply must be tested and tagged in
compliance with AS/NZS3760 prior to use. Market Fair can organise the services of an
electrician to test and tag any electrical items for you at a cost of $6.05 per item. Any items
found connected to the electricity supply which have not been tested and tagged will be
removed by our staff and tested by an electrician at a cost of $25 to you.
3. 4. Brand new electrical equipment must be tagged in compliance with AS/NZS3760 New to
Service requirements prior to use.
As part of our commitment to reducing our carbon footprint we have implemented an
electrical connection charge of $5 per 50W of power consumption. There is no charge for
consumption under 10W.
5. The health and safety of all patrons, staff and stallholders is important. You must ensure you:
a. store all products in your stall safely including ensuring you do not have trip and fall
hazards including keeping public access ways clear and taping exposed electrical cords
to the floor;
b. c. keep all of your products and associated packaging (including hangers and boxes) out of
the walkway area around your stall;
construct any furniture and displays in your stall in a safe manner;
4d. e. clean up after any spillages or breakage in or around your stall; and
behave at all times in a manner that ensures the health and safety of anyone visiting the
market is not compromised.
5. You understand and agree that it is your responsibility to take all due care and diligence to
prevent injury and property damage to you or any other third party including but not limited
to visitors to the market.