NUNGU TRADING 517 (PTY) LTD Reg.No.: 2005 / / 07 VAT No.:
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- Ethelbert Anderson
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1 NUNGU TRADING 517 (PTY) LTD Reg.No.: 2005 / / 07 VAT No.: P O Box 569 Wierda Park 0149 Mall@Reds Centre Management Offices Cnr Rooihuiskraal & HendrikVerwoerd Drive Rooihuiskraal Ext 15 Centurion Tel: +27(12) Fax: +27(12) info@anaprop.co.za EXHIBITION AGREEMENT Entered into by and between Nungu Trading 517 (PTY) LTD Trading as MALL@LEBO REGISTRATION NO: 2005/040804/07 (Hereinafter referred to as Mall@Lebo ) AND Name of Exhibitor: VAT. Number: (Hereinafter referred to as the Exhibitor) WHEREAS the Exhibitor wishes to hold an exhibition or promotion in an exhibition court in Mall@Lebo, the parties hereto wish to record as follows: 1. PROMOTIONS POLICY The following will apply to ALL promotions held at Mall@Lebo : Rules regarding set-up of displays/courts: a. The Exhibitor hereby accepts an area designated to it for a period as stipulated in this agreement during which period Mall@Lebo will allow it to hold a promotion or an exhibition, subject to the terms and conditions contained herein, at Mall@Lebo. b. Ensure that all promotional and other technical items are set up within the demarcated area. This is in line with our fire and safety regulations and ensures that no shop front is obscured from public view. c. No amplified music will be played, or sound equipment used, without prior consent from Centre Management. Mall@Lebo, its agents, invitees and/or employees reserves the right to terminate the use of any audio equipment at its sole discretion.
2 d. will allow distribution of pamphlets, flyers, brochures and other advertising /promotional material from the allocated exhibition stand. No promotional material may be distributed within the Centre or in the parking areas. e. Absolutely NO handwritten promotional material, including posters and signs, will be permitted and all exhibitions must be accompanied by printed or professional signage i.e. posters, stickers, signs, banners, branding etc. f. No promotional material may be attached to permanent fixtures in the Centre, i.e. walls, pillars, windows, shop-fronts, doors etc. g. The height restriction is 1.5m throughout the Centre, for both displays, stands and branding i.e. pop up banners and signage. h. Exhibitions must be fully setup by 8h30 on the first day of the exhibition period and must be cleared after 19h00 on the last day of the exhibition. If the first day of an exhibition falls on a Saturday, setup must be completed by 7h30 and if the last day of an exhibition falls on a Sunday, dismantling must be completed after 17h00. i. All exhibitions are subject to spot checks and inspections, on a daily basis, for the duration of your exhibition. j. Direct sales, cash transactions, payment of deposits, and the taking of orders for goods and services offered during exhibitions will be allowed, however, transactions must be done discreetly and petty cash tins, tills and credit card machines must be concealed. k. No smoking or eating is allowed at the display areas. l. A representative of the exhibition must man the exhibition stand during the trading hours of the Centre, failing which Mall@Lebo will have the option to cancel the exhibition. Trading hours for Mall@Lebo : MON FRI 9am to 7pm; SAT 8am to 5pm; SUN 9am to 5pm and PUBLIC HOLIDAYS 9am to 4pm. Over December, extended shopping hours will apply. TO NOTE: A R1 000 fine will be imposed should we find that your stand was not manned for longer than 30 minutes, at a specific time, during Shopping Centre hours. m. Representatives/staff of the Exhibitor are requested to be dressed professionally and be presentable at all times, with branded clothing/uniform where possible. n. Promoters must not approach customers; rather customers should feel free to approach promoters, should they be interested. Promoters must respect the personal space of shoppers and not harass customers. o. All storage, packaging material and surplus stock must be removed from the exhibition site or concealed from view. p. Charging of cell phones and/or promotion equipment at the exhibition stand is strictly prohibited. Exhibitors need to ensure that all phones and equipment are charged for the full day s trade.
3 q. All tables used during exhibitions must be covered with a plain black table cloth, which must reach floor level on ALL sides. The Exhibitor need to advise, prior to the exhibition, if own branded table cloths will be used for advertising purposes. r. Electric power points are available in most of the exhibition areas. However, none of the cabling used by the Exhibitor may be dangerous, unsafe, or in any way exposed to the public e.g. faulty plugs, exposed/open wires etc. s. The set-up of the exhibition court will be bound to the area as determined by the size of the Markings in the various courts, to ensure wide enough walk ways for the public. Should the Exhibitor fail to adhere, Mall@Lebo will have the option to cancel the exhibition. At all times, a minimum of 2.5m distance, will be required between the stand and a shop front, as per OHS regulations. t. If existing vacant shops are used as exhibition areas, no display of merchandise and signage will be allowed on the outside of the premises. Rules applicable to vehicle Exhibitions: a. Vehicles may only be brought into the Centre by 8h00 on the first day of the exhibition and removed after 19h00 on the last day of the exhibition. b. Number of vehicles on display is within the court s limit. c. A key to each vehicle must be left in a sealed envelope at the Security Control Room for the duration of the promotion. d. Ensure that all vehicles contain a minimum level of fuel i.e. R50 or 5 litres (whichever is less), is fitted with a car fire extinguisher and has no oil leaks. e. Vehicles that are not manned must be locked at all times. f. Vehicle batteries must be disconnected when not manned, and this includes periods that cars are left unattended, specifically at night. g. Vehicle alarms must be deactivated, at all times. h. It is the promoter s responsibility to keep display vehicles clean and neat. Cars must be Show Room Ready. Public Liability and Indemnity (see Annexure A): a. Exhibitors and or promoters will be held liable for any damages to Mall@Lebo property or equipment arising from the exhibition. b. Although Mall@Lebo have an on-site security company patrolling the Centre, it cannot be held liable for any loss or damage incurred during any of the exhibitions. Should you have special security requirements for the duration of your exhibition please make alternative arrangements. c. Mall@Lebo, its agents, invitees and/or employees, shall not be held liable for any damages of whatsoever nature sustained by the Exhibitor or from whatsoever cause.
4 All exhibitions must comply with Municipal safety regulations, bylaws and any rules and regulations that are applied by In particular, no claims for public liability, losses and / or damages will be entertained and the Exhibitor will be obliged to place into effect Public Liability Insurance. Copies of said document to be provided together with signed agreement. General Rules: a. Mall@Lebo, its agents, invitees and/or employees reserves the right to cancel, postpone or relocate any exhibition at short notice, in the event of any breach of this agreement by the Exhibitor. Centre Management may also ask any Exhibitor to change or remove any exhibition equipment or material at its sole discretion, irrelevant if payment has already been affected. b. Centre promotions and Tenant exhibitions at Mall@Lebo enjoy preference, and should it be required, other exhibitions and promotions will be rescheduled. c. No promotion or exhibition may be in conflict with any of our Tenants products and/or services and a complete assessment, on proposed exhibitions, will be conducted if and when necessary, by Centre Management. d. An Exhibitor will be limited to hiring a court for a maximum period of Two (2) week with a One (1) week interval between bookings. e. Centre Management reserves the right of admission and the right of approval. f. Bookings are regarded as confirmed and the Exhibitor may occupy the court space ONLY on the following conditions: Once the type of product exhibited proposed, together with a full product offering supplied by the Exhibitor, is approved by Centre Management; On receipt of the signed Exhibition Agreement, including any annexures attached hereto; A copy of proof of Public Liability Insurance, supplied by the Exhibitor. The payment and proof of payment needs to be received at least 2 (two) weeks prior to the first day of the exhibition. If not received your booking will automatically be cancelled. g. Payment is to be made by direct deposit or electronic transfer. Please fax confirmation of payment to (012) attention: Mienie and Khomotjo. Or send via to mienie@anaprop.co.za and khomotjo@anaprop.co.za. (All payments are only deemed confirmed when proof of payment is received and the money is cleared.) Important to note: Absolutely no cash will be accepted. Bank details: Bank: ABSA Account type: Cheque Account Account name: Nungu Trading 517 (PTY) Ltd Account number: Branch Code: **Please use your Invoice number as reference for payment
5 h. Cancellation of bookings will result in the Exhibitor forfeiting all monies paid. In this instance, the Exhibitor will have no claim for damages of whatsoever nature, against i. Once the exhibition agreement has been accepted by the Landlord, the Exhibitor cannot request to be moved to an alternative exhibition court. The following will NOT be permitted: a. Street collections or raffles. b. The promotion or sale of any product which does not suit the image and brand of the Centre. c. No hawkers, vendors and pets are permitted in the Centre or in the parking areas. d. No surveys/research may be conducted in the Centre or in the parking areas. Please take note that this letter serves as a provisional confirmation of your exhibition. Please complete all information requested below, initial each page and fax back to: (017) or send it to khomotjo@anaprop.co.za.
6 COMPANY / EXHIBITOR NAME VAT NUMBER (if any) CONTACT PERSON CAPACITY PHONE NUMBER Cell: Landline: FAX NUMBER ADDRESS POSTAL ADDRESS PHYSICAL ADDRESS TYPE OF PRODUCT EXHIBITING DATE OF EXHIBITION COURT WHERE EXHIBITION WILL BE HELD: COST OF EXHIBITION (Excluding VAT) SPECIAL REQUIREMENTS e.g. Electricity point Requirements to be approved by Centre Management. I herewith confirm and agree to all of the above mentioned rules and regulations. Signature, Exhibitor Date Witness, on behalf of Exhibitor Print Name Mall@Lebo Representative Print Name
7 ANNEXURE A MALL@Lebo INDEMNITY AGREEMENT Entered into between: Nungu Trading517 (PTY) Ltd trading as Mall@Lebo As a registered company, duly represented, (Hereinafter Mall@Lebo ) AND (NAME OF EXHIBITOR) (REGISTRATION NUMBER) Represented by: Identity number: (Hereinafter EXHIBITOR ) Whereas Mall@Lebo s, amongst others arrange exhibitions, launches and events on behalf of clients and Exhibitors, and the nature of some events involves the generation of certain risks: This Indemnity Agreement records the following: 1. The EXHIBITOR fully indemnifies, and hold harmless Mall@Lebo s, its assigns, employees and appointed contractors, against all and any claims a. however arising (and be they based on contract, delict or ex variis causarum figuris iuris), and/or; b. be they criminal or civil, and/or; c. be they for loss, damages, compensation, consequential damages or the like. 2. If the claim originates from an alleged contravention by Mall@Reds (or its assigns, employees or contractors) of any law, rule, regulation or provincial law or local bylaw, the indemnity will equally cover Mall@Lebo s and its employees. 3. If for any reason in law the above indemnity is ineffectual, or voidable this paragraph will pertain to a severable and separate agreement and any successful claim against Mall@Reds will by agreement be limited to the net value of the fees received by Mall@Lebo s in the arrangement and presentation of the exhibition, launch or event listed below. 4. The indemnity is applicable to the exhibition, launch or event known as, and any action associated therewith, taking place on or between. 5. By signature hereof the participant confirms his/her understanding of the effect of the Indemnity Agreement and warrants that he/she is older than 18 years of age, and is able to so contract. 6. The contractor or Exhibitor must supply Mall@Lebo s with proof of Public Liability Insurance, as well as a policy number before commencing with any contract. Signed at on of On behalf of Mall@Lebo On behalf of the EXHIBITOR
1 P a g e I n i t i a l :
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