I, the undersigned (“the Vendor”), hereby acknowledge and agree that:
1. Assumption of Risk
My participation in any Kraft Co SA market or retail environment is entirely at my own risk. I accept full responsibility for my stock, equipment, display materials, and any associated property.
2. Limitation of Liability
To the maximum extent permitted by law, Kraft Co SA (Pty) Ltd, its directors, employees, agents, contractors, and representatives shall not be liable for any:
- loss, theft, damage, or destruction of property;
- personal injury or death;
- loss of income, profit, or any indirect or consequential damages arising from any cause whatsoever, including but not limited to negligence.
3. Indemnity
I hereby indemnify, defend, and hold harmless Kraft Co SA from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including legal costs on an attorney-and-client scale) arising out of or in connection with:
- the sale, use, or consumption of my products;
- any defect, misrepresentation, or non-compliance relating to my products;
- my conduct, staff, or operations within the event;
- any breach of applicable laws or regulations by me.
4. Product & Legal Compliance (CPA)
I warrant that all products supplied by me comply with the Consumer Protection Act (Act 68 of 2008) and all other applicable South African legislation, including safety, labelling, and quality standards. I accept full liability for any claims arising under such legislation.
5. Insurance Responsibility
I acknowledge that I am solely responsible for obtaining and maintaining appropriate public liability insurance and cover for stock and assets, and that Kraft Co SA does not provide such cover.
6. POPIA Consent (Data Protection)
I consent to Kraft Co SA collecting, processing, and storing my personal and business information for purposes related to vendor management, communication, compliance, and operations, in accordance with the Protection of Personal Information Act (Act 4 of 2013). Such information will not be shared with third parties except where required for operational or legal compliance purposes.
7. Force Majeure
Kraft Co SA shall not be liable for any delay, interruption, modification, or cancellation of the market or event arising from circumstances beyond its reasonable control, including but not limited to acts of God, adverse weather conditions, fire, flood, power outages, load shedding, government restrictions, public health events, civil unrest, labour disputes, or failure of utilities or suppliers.
In such instances, Kraft Co SA reserves the right to reschedule, relocate, or cancel the event, and no claims shall arise against Kraft Co SA for any resulting losses, damages, or costs incurred by the Vendor.
8. Binding Agreement
I confirm that I have read, understood, and voluntarily agree to be bound by this indemnity. This constitutes a legally binding agreement upon submission of my application.