Terms and condition - Nickel Christmas Market

INDEMNITY:

The Exhibitor, his employees or any other person acting on behalf of the Exhibitor, indemnifies Kungwini Welfare Organisation, its staff and residents against any liability resulting from theft, fire, breakage, storm damage, an act of God, or any other cause of whatever nature.

Kungwini Welfare Organisation is hereby further indemnified by the Exhibitor, his employees or any other person acting on behalf of the Exhibitor of any damages resulting from any injuries of whatever nature occurred before, during or after the market.

Kungwini Welfare Organisation supplies a point of sale system where the exhibitor inputs all products & prices. KWO does not take responsibility for incorrect details.

In the event that the Kungwini Welfare Organisation will not reasonably be able to proceed with the market, for whatever reason, the Exhibitor will not be entitled to any refunds for payments already made. In the event that refunds are to be made, such payments will be made at the sole discretion of Kungwini Welfare Organisation.

Kungwini Welfare Organisation takes the necessary precautions to prevent theft. The exhibitor can not keep KWO responsible for any loss due to theft.

INSURANCE:

The Exhibitor is required to obtain their own insurance against any type of loss.

KUNGWINI WELFARE ORGANISATION UNDERTAKES TO:

Promote the Nickel Market without any obligation to the Exhibitors;
Not giving credit to any purchaser;
Not give warranties on behalf of the Exhibitor;
Keep detailed records of sales;
Not remove or tamper with the barcodes;
Provide additional security to staff and exhibitors doing duty;
It is at the discretion of the Kungwini Welfare Organisation to approve goods to be sold at the market. Our decision is final.

It is at the discretion of Kungwini Welfare Organisation to approve goods to be sold at the market. Our decision is final.

THE EXHIBITOR UNDERTAKES TO:

Not tamper with other exhibitor’s products;
Not obstruct fellow exhibitor’s tables in any way;
To abide by the table/exhibit space provided and requirements for display;
To supply their own tablecloths that covers the table and hangs down, touching the floor.
To use raised displays – neat, tidy, presentable, alluring, colourful;
Secure & Sturdy stands;
Displays not to lean against the wall of curtains;
Max height against wall, 2m;
Max height on tables not against the wall is 0.7m;
Not overload tables;
Make products easily accessible to visitors & for replenishing;
Have all products barcoded, on & under the table;
Not add products that have not been pre-approved;
Keep displays fully stocked at all times;
Tables not fully stocked for the duration of the market will be stocked with other exhibitors stock and will reflect negatively on your applications for future Markets. A 5% penalty will be payable;
All exhibitors are responsible to load their own products as well as print & apply their own barcodes;
Set-up & pack-up on the prescribed times & dates as allocated to you, between the following times:
- Set-up: Monday, 20 November 2023, 09:00 – 15:00
- Pack-up: Monday, 4 December 2023, 08:30 – 12:00
- Specific times will be allocated to exhibitors to ease traffic congestion on the premises
Not remove items during the market without permission;
VIP Function & Official Start of the Market is on Tuesday 21 November 2022.

TABLE ALLOCATION

The organisers will allocate spaces according to pre-requested requirements in your application;
The organisers decision is final.

STALL FEES

Table fees payable when the exhibitor has been approved. Fees outstanding by 30 September ‘22 will be replaced;
Stall Fees – R1000 per stall space + 20% donation of turn-over towards Kungwini Welfare Organisation;
Indicate if you require a table or only a space;
Food Trucks/Stalls outside are R4 200 each for 12 days
- For vendors that only wants to attend the market on the 2 weekends, the charge will be R3200.00 for both weekends (BOTH WEEKENDS COMPULSORY)
  - No food trucks and food stalls will be approved that will be competition for the Restaurant;
  - You will be required to be present every day of the market;
Restaurant – 17% donation of turn-over.

PAYMENTS TO EXHIBITORS:

Once confirmation on sales figures has been received from the exhibitors, refunds will be processed and paid out to the exhibitor.
Payments will only be made to Exhibitors that completed and submitted the required Confirmation of Bank Details form as provided on approval.
- All exhibitors are required to complete the Confirmation of Bank Details from
Kungwini Welfare undertakes to do their best to do refunds within two weeks after completion of the market.

TERMINATION OF AGREEMENT:

Stalls cancelled two (2) months prior to the market will be refunded 50% of their stall fee.
Stalls cancelled one (1) month prior to the market (between 22 October ‘23 - 22 November ‘23) will not be refunded.

ARBITRATION:

Any grievance touching the true construction of this agreement or the rights and liabilities of the parties shall be submitted in writing and handed to Kungwini Welfare Organisation within 24 hours from such grievance arises.
Kungwini Welfare Organisations’ special Committee for the Nickel Xmas Market will attend to the complaint and reply as soon as possible.
If the Exhibitor is not satisfied with the outcome of the Committee, the Exhibitor must in writing request that the matter be referred to the Executive Board of Trustees of Kungwini Welfare Organisation; and
If the decision of the Board of Trustees is not accepted by the Exhibitor, then the matter will be referred to a Senior Advocate/auditor as indicated by Kungwini Welfare Organisation. This decision will then be binding on all parties concerned. In the event that an order will be given against the Exhibitor, he/she will be liable for the account of such advocate/auditor.

CLOSURE OF MARKET:

Kungwini Welfare Organisation reserves the right to close the market for any reasonable reason eg. Extreme weather conditions and situations causing a direct threat to visitors & staff.
Exhibitors may not claim a refund under these circumstances.

PARKING:

Exhibitors will be allowed parking inside Kungwini Welfare Organisation ground only on set-up, pack-up days & days replenishing.
Exhibitors only visiting the market are expected to park at the allocated parking for all visitors.
Parking will be at your own risk.

EARLY APPLICATIONS:

All exhibitors will only be able to start applying once the online applications opens each year.

This Agreement embodies the entire undertaking of the parties and there are no promises, terms, conditions or obligations, oral or written, express or implied, other than those contained herein.

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