Merchant Offer to Enter Into an Agreement with the

Lakenheath Holiday Bazaar Committee

For the 2006 Bazaar

GENERAL TERMS AND CONDITIONS

This offer to enter into a contract (Agreement) with the Lakenheath Holiday Bazaar Committee, the Officers and Civilians Spouses Club and the Enlisted and Civilians Spouses Club (hereafter which will be referred to as the Lakenheath Holiday Bazaar Committee) is tendered by _____________________________________ (hereafter the Merchant).  This offer may not be revoked by the Merchant, unless the revocation is communicated in writing to the Lakenheath Holiday Bazaar Committee and received before the Lakenheath Holiday Bazaar Committee accepts the offer.  The offer is subject to all of the rights, duties, terms, and conditions specified in this document.  Once the Bazaar Committee accepts this offer, a valid contract, supported by consideration, will exist between the Lakenheath Holiday Bazaar Committee and the Merchant.  The contract may not be subcontracted or in any other way transferred to another party by the Merchant without the express written approval of the Lakenheath Holiday Bazaar Committee representative.  The Merchant offers to display and sell only the following merchandise described on the contract sheet.

THE OFFER: Each offer must be properly completed, executed and include the appropriate fees, or it will be considered an invalid offer.  The Lakenheath Holiday Bazaar Committee may deduct a fee of £10.00 to pay for the administrative costs associated with reviewing and returning incomplete or invalid offers.  Each offer must be received by 18August 2006 or the Lakenheath Holiday Bazaar Committee cannot guarantee availability.

The Merchant hereby offers to display and sell the type of merchandise described on the contract sheet at the Lakenheath Holiday Bazaar in the County of Suffolk, England on 29 and 30 September, 2006 and 1 October 2006.  The Merchant further understands that merchandise may be displayed and sold only during the hours of 1400 and 2000 on September 29th , 2006, 1000 and 1800 on September 30th, 2006 and 1100 and 1700 on October 1st, 2006.  The Merchant further offers to facilitate the use of one of the described spaces on the contract sheet and display merchandise for sale.

TERMS AND CONDITIONS OF THIS AGREEMENT

Rights and Duties of the Lakenheath Holiday Bazaar Committee

The Lakenheath Holiday Bazaar Committee may accept or reject a Merchant's offer to facilitate the use of space to display and sell merchandise as well as the offer to facilitate the use of tables and electric power.  Due to the limitations described on the contract sheet, it is possible that the Lakenheath Holiday Bazaar Committee may accept an offer to facilitate the use of space, but not be able to accept an offer to facilitate the use of tables or power.  The Lakenheath Holiday Bazaar Committee will evaluate all offers received.  The Lakenheath Holiday Bazaar Committee is under no obligation to accept an offer.  An offer is not tendered until received by the Lakenheath Holiday Bazaar Committee.  The Lakenheath Holiday Bazaar Committee assumes no responsibility for offers delayed or lost in the mail.  If an offer is not accepted, the Lakenheath Holiday Bazaar Committee will return the check tendered by the Merchant to the mailing address provided by the Merchant.  The Lakenheath Holiday Bazaar Committee bears no responsibility for incorrect addresses or non-delivery of the check by the postal service.  In some cases, the Lakenheath Holiday Bazaar Committee may partially accept an offer.  In such situations, the Lakenheath Holiday Bazaar Committee will mail a check for the sum of money to which the Merchant is entitled with a letter explaining what portion of the offer was not accepted.

The Lakenheath Holiday Bazaar Committee will use its best efforts to provide the Merchant with the space and other property or services specified in the agreement.  Since the LAKENHEATH HOLIDAY BAZAAR will be conducted in a facility on RAF Lakenheath, it is possible that the Bazaar may be canceled due to military necessity.  The Lakenheath Holiday Bazaar reserves the right to terminate this contract at no cost and without liability to the Merchant or the Committee if the Bazaar is cancelled.  All deposits will be returned to the Merchants if the Bazaar is canceled.  Due to current security force restrictions the Bazaar will not be open to the general public at any time during the three day run.  The Merchant agrees to hold the Lakenheath Holiday Bazaar Committee harmless for any losses or costs incurred by the Merchant as a result of any discrepancy between the Agreement and the space, property, and services that are actually provided.

The Lakenheath Holiday Bazaar Committee reserves the right to terminate this Agreement and direct the Merchant to remove his or her merchandise from the Bazaar premises if the Merchant breaches or fails to comply with any of the terms or conditions of this Agreement.  In addition, the Lakenheath Holiday Bazaar Committee may terminate this Agreement if the Merchant’s conduct or business practices during the Bazaar are disruptive, unethical, or other wise adversely affect the morale, good order, or discipline that is customary for the LAKENHEATH HOLIDAY BAZAAR.

In the event of a serious breach of the provisions of this Agreement, a warning may not be appropriate and the Merchant will be notified the Agreement is terminated and directed to remove all merchandise when it is safe to do so.  The Merchant waives all legal rights to file a claim of any nature against the Lakenheath Holiday Bazaar Committee, its members or agents, the United States Air Force, or the Royal Air Force if the contract is terminated.

The Merchant agrees to remove all property from the display area and RAF Lakenheath no later than 2400 on October 1, 2006. 

Any property that is not removed by the Merchant by 2400 on October 1, 2006 will be considered and treated as abandoned property.  The Lakenheath Holiday Bazaar Committee has the right to remove and dispose of any property not removed by the Merchant by 2400 on October 1, 2006.  The Lakenheath Holiday Bazaar Committee may charge the Merchant for any costs incurred by the Lakenheath Holiday Bazaar Committee to remove the abandoned property.

Rights and Duties of the Merchant

The Merchant has the right to sell the types of merchandise in the space designated during the hours and days specified in this Agreement.  The Merchant has the right to collect the sales price from the purchaser and to pursue any legal cause of action against the purchaser for breach of contract or damage to the Merchant’s goods.  The Merchant must inform all purchasers that the Lakenheath Holiday Bazaar Committee is not a party to any sales agreement.  The Merchant acknowledges that the Lakenheath Holiday Bazaar Committee is not a party to any sales agreements.  The Merchant is solely responsible for warranties, quality, delivery, collections, adjustments, or any other actions between the Merchant and Purchaser.

Compliance with British Laws

The Merchant will comply with all laws and regulations of the British Government related to taxes, licensing requirements, and any other requirements related to the sales of goods and services.  To the extent that the Merchant is a taxable person or entity within the meaning of the Finance Act of 1972, as amended and extended, the Merchant will assume all liability for collecting and paying the Value Added Tax, (VAT), for the goods and services sold during the LAKENHEATH HOLIDAY BAZAAR.

Release, Waiver, and Indemnification

The Merchant named in this agreement does hereby execute this release, waiver, and indemnification agreement for him/her self and his/her heirs, successors, representatives, and assigns in consideration of permission granted to use the facilities at RAF Lakenheath agrees:

1.  The Lakenheath Holiday Bazaar Committee is not an agency of the United States Government.  Nothing in this agreement should be construed to obligate any appropriated funds or non-appropriated funds of the United States Government.  Nor shall any portion of this agreement be construed as an obligation of any agency of the United States Government in any manner.

2.  The Merchant releases forever the Lakenheath Holiday Bazaar Committee, its members, employees, agents, volunteers, and representatives, and the United States and British governments, their agencies and personnel from every liability arising out of the use of any supplies, services, or the installation by the user during the LAKENHEATH HOLIDAY BAZAAR.  The Merchant will defend, pay, or settle every claim or suit against the Lakenheath Holiday Bazaar Committee, its members, employees, agents, volunteers, and representatives and the United States and British governments, their agencies and personnel, by agents, employees, or customers of the Merchant or persons claiming through them, or by third parties, and will hold the Lakenheath Holiday Bazaar Committee, its members, employees, agents, volunteers, and representatives and the United States and British governments, their agencies and personnel, harmless against every such claim or suit, including attorney fees, costs and expenses, arising out of the use of  RAF Lakenheath as well as any services or supplies, by the Merchant.

3.  The Merchant will pay or settle every claim for death or injury to Lakenheath Holiday Bazaar Committee members, employees, agents, volunteers, and representatives and the personnel of the United States and British governments, or for loss or damage to property of or under the control of the Lakenheath Holiday Bazaar Committee, its members, employees, agents, volunteers, and representatives and the United States or British governments, arising out of the use of the RAF Lakenheath installation, supplies, or services, by the Merchant, unless the death, injury, loss or damage results solely from the willful misconduct of  the Lakenheath Holiday Bazaar Committee, United States or British government personnel.

Notwithstanding anything else contained in this Agreement, the Merchant agrees, immediately upon receiving notice from the British or United States government or its employees or agents to remove all property and depart from the installation, and to leave the premises in the same condition as they were when the Merchant commenced occupancy.  The Merchant agrees to hold the British and United States governments and the Lakenheath Holiday Bazaar Committee harmless for any losses or damages incurred from such events.

 Official Mailing Address for All Communications and Tender Offer

The Merchant must mail the offer and address any other correspondence to the following address:

LAKENHEATH HOLIDAY BAZAAR  - Contracts

Attn: Mrs. Allison Tucker

48 SVS Unit 5185 Box 70, RAF Lakenheath, Brandon, Suffolk  IP27 9PN

Contract Sheet

I _____________________________________________________ agree to only display and sell only the following merchandise: 

________________________________________________________________________________________________________

My Address:

Email Address:

My Phone:

OFFER TO FACILITATE THE USE OF DISPLAY SPACE, TABLES AND ELECTRIC POWER

The Merchant will tender the offer to facilitate the use of space by indicating their choice of display space they would like. The choice of merchandising spaces are below, a limited number of tables and electric outlets for power supply (hereafter outlets) will be available. The electrical voltage is 220-240 at 2000 watts.  For example, if they would like one 10 ft x 12 ft display space, put 1 in the # of spaces block in that row.  If they would like power and/or a corner display, tick the corresponding box/es and add an additional charge of ₤25 per space for power and ₤15 per space for a corner.  In the past we have had times where vendors would want a space and by the time we received their application that size space would have been sold out, especially in the case of spaces with power or corner spaces.  Therefore, there is an additional comments section for the Merchant to indicate their preferences if the space they requested is unavailable.  For example, a vendor might have requested a 10 x 12 space with power and a corner, but if that is unavailable they would prefer to just have power.  Also, the Merchant may us the additional comments section to request the space they had last year or one similar. Vendors requiring table rental, tables are approximately 6 ft x 2 ft.  The fee for each table is £10.00.  Tables must be reserved by 20 August 2006 or the Lakenheath Holiday Bazaar Committee cannot guarantee availability.

If the demand exceeds the available supply, tables and/or outlets will be awarded to the Merchants whose offers bear the earliest postmark date.

Additional comments __________________________________________________________________________________________

________________________________________________________________________________________________________________________________________________________________________________________________________________________

If the Vendor has requested a power source, please explain in detail what the power source will be used for _____________________

___________________________________________________________________________________________________________

___________________________________________________________________________________________________________

The total amount enclosed   ___________________________

After making your choices please mail your contract to the Lakenheath Holiday Bazaar Committee Contracts Representative together with the required fees and a signed agreement.  If the demand exceeds available supply, multiple frontage spaces will be awarded to the Merchants whose offers bear the earliest postmark date. 

All appropriate fees must be enclosed for offers for tables or booth space and electric power outlets. A service fee will be charged for returned checks.  Checks can be held and postdated September 1, 2006.  Please make checks payable to Lakenheath Holiday Bazaar.  No banking services will be provided at the event, bring own till for booths bank.

The Merchant will be permitted to check into RAF Lakenheath and set up the sales display between the hours of 0500 and 1300 on September 29, 2006.  Vehicles and trailers are limited to a period of 1 ½ hours in the Hangers to unload merchandise.  All vehicles will be removed from the hanger no later 1300 on September 29, 2006.  The Merchant agrees to park all vehicles and trailers only in designated areas.  NO MERCHANT WILL BE PERMITTED TO BEGIN SETUP AFTER 1300 ON SEPTEMBER 29, 2006.

SALES COMMISSION

The Merchant agrees to pay the Lakenheath Holiday Bazaar Committee a sales commission in the amount of 15% of the total gross sales price for all merchandise or services sold or contracted for sale during the LAKENHEATH HOLIDAY BAZAAR.  The Merchant will ensure that all sales are recorded and signed by each customer on the sales log that will be made available throughout the Bazaar.  All sales must be recorded on the Sales Log Sheets provided by the Lakenheath Holiday Bazaar Committee.    Customers will be informed that if they purchase merchandise at the Merchant's booth and do not sign for it, the customers' purchase will be free of charge.  The customers will be directed to the Lakenheath Holiday Bazaar Information Booth should this occur.  The Lakenheath Holiday Bazaar Committee will refund the moneys to the customer and the Lakenheath Holiday Bazaar Committee will then add the cost of the merchandise to the 15% fee that the Merchant owes to the Lakenheath Holiday Bazaar Committee.  The Lakenheath Holiday Bazaar Committee will not absorb the cost of the free merchandise; this will be the responsibility of the Merchant.  In addition, if the Merchant transacts sales without recording them on the Sales Log, the Merchant will be excluded from attending any future Lakenheath Holiday Bazaar Events.  The Lakenheath Holiday Bazaar Committee reserves the right to place a Lakenheath Holiday Bazaar Volunteer Representative with the merchant to facilitate use of the Sales Log.  The 15% commission is due and payable to the Lakenheath Holiday Bazaar Committee at the conclusion of the LAKENHEATH HOLIDAY BAZAAR.  Furthermore, the 15% commission is due and payable regardless of whether the Merchant merely secured a deposit for the item sold and the 15% commission is due and payable on the final sales price of the item and not just the deposit.  All merchandise offered for sale, or brought into RAF Lakenheath, will be considered sold at the LAKENHEATH HOLIDAY BAZAAR and subject to the 15% commission if it is paid for in full, special ordered, delivered to a customer during the Bazaar, or purchased on a deferred payment plan.  The 15% fee will be paid in United States currency.  British currency will be converted into United States currency at the current exchange rate, which will be posted by the banking facility operating at the LAKENHEATH HOLIDAY BAZAAR.  If the Merchant elects to pay the Lakenheath Holiday Bazaar Committee the 15% fee in British currency, an exchange fee of 5% will be assessed to convert it into United States currency.

Disputes

Any disputes or claims between the parties to this Agreement, which cannot be resolved, will be referred to an arbitration panel composed of three individuals.  The arbitrators must agree to serve without pay or compensation of any kind.  The Merchant may nominate one member.  The Lakenheath Holiday Bazaar Committee may nominate one member.  The two appointed members would select the third member.  Both the Lakenheath Holiday Bazaar Committee and the Merchant agree that the decision of the arbitration panel is final and binding and not subject to appeal by either the Merchant or the Lakenheath Holiday Bazaar Committee.

Merchant Requests to Terminate Contract and Liquidated Damages

All requests from Merchants to terminate this contract must be received by the LAKENHEATH HOLIDAY BAZAAR COMMITTEE no later than 21 SEPTEMBER 2006.  If the Lakenheath Holiday Bazaar Committee is able to replace the Merchant who requests termination, the Lakenheath Holiday Bazaar Committee will notify the Merchant that the contract is terminated.  The Lakenheath Holiday Bazaar Committee may retain the actual costs incurred to find a replacement Merchant or £10; whichever is higher, as liquidated damages.  If the LAKENHEATH HOLIDAY BAZAAR COMMITTEE cannot find a suitable replacement Merchant, the LAKENHEATH HOLIDAY BAZAAR COMMITTEE may retain all money paid by the Merchant as liquidated damages.  If the Merchant does not arrive at the Bazaar, for any reason, the LAKENHEATH HOLIDAY BAZAAR COMMITTEE will retain all moneys paid by the Merchant as liquidated damages.

I certify that I have read this offer of 4 pages.  I expressly incorporate all of the terms and conditions into my offer to enter into a contract with the Lakenheath Holiday Bazaar Committee to sell goods and/or services at the Lakenheath Holiday Bazaar 2006.  I further certify that I am legally competent to submit this offer.  I knowingly and voluntarily waive my right to pursue certain legal actions as specified in this offer.  I understand that once the Lakenheath Holiday Bazaar Committee representative signs this offer it will become a lawful contract and I will be required to comply with all of the terms and conditions. 

This offer is submitted on this _______ day of _______________ 2006 by _______________________________________________

                                                                                                                     (Legal signature of the person or entity submitting this offer.)

________________________________________________________________________________________________________________________________________________________________________________________________________________________

(Print name, address, and telephone number of person or entity submitting the offer.)

This offer is accepted on this _______ day of _______________ 2006, by________________________(Signature of Authorized Lakenheath Bazaar Representative)