Description of our binding Service Agreement.
Your use of the website and e-mails with us
constitutes legally binding acceptance of these terms and conditions.
A. What this agreement covers:
This agreement is between you the Client and the Company's
holding company Consolidated Accounts which supply services in sourcing
chemicals and that allow our clients to perform a number of chemical
trading functions on accounts linked to the service.
Please note that
we are brokers acting for and on behalf of our clients and that we are
not liable if a third party manufacturer defaults. We do take bank references
where and as available on the manufacturer and we offer refunds as per terms below. (see
Q, R & X herein).
B. Accepting the agreement
When you use Internet based services such as e-mails without electronic
signatures, or authorize others to use them, you agree to
the terms and conditions of the entire agreement. Should you not
agree with these terms please advice us before any financial transactions
C. Description of Online Trading Services
Internet trading require you hold an account with us or you place a
deposit/pre-payment with us.
D. Monthly service charge
There is no monthly service charge for accessing your linked accounts
E. Other charges
You should note that, that you might incur charges for:
· Normal banking fees and service charges
· Any communications cost or related trouble-shooting expenses incurred
on your behalf
· Additionally, fees may be invoked for added services of a special
F. Joint accounts
When our services are linked to one or more joint accounts, we may act
on the verbal, written or electronic instructions of any authorized
signer. Joint accounts using the same ID will be identified as one service.
G. Changes to agreement
We may change this agreement at any time in accordance with the then
applicable laws. For example, we may add, delete or amend terms or services.
We will notify you of such changes by mail or electronic message. If
you maintain our services after the effective date of a change, you
indicate your agreement to the change.
H. Cancellation of services
Our services remain in effect until either you or the Company terminates
them. You may cancel our service at any time by notifying us of your
intent to cancel in writing. This cancellation applies to our services
and does not terminate your Company accounts. We may terminate your
participation for any reason, including inactivity, at any time. We
will try to notify you in advance, but we are not obliged to do so.
retain the right to withhold any payments if such are deemed illegal
in any country.
I. Contact by the Company or affiliated parties
No Company employee will contact you by e-mail or phone requesting your
account ID or online passwords.
If you are contacted by anyone requesting this information, please contact
J. Reporting unauthorized transactions
We are obliged by law to report any suspicious or illegal activity.
K. Disclosure of account information
We will disclose information to third parties about your account or
· At our discretion, to our affiliates, agents and service providers
who require the information for purposes of a decision in respect of
an application for credit, insurance or any other legitimate business
· When required by law or at the request of a regulator
· If you give us your permission
· As reasonably required by our affiliates, agents and service providers
· On a closed account, if we reasonably believe you have mishandled
L. In case of errors or questions about your electronic transactions
Contact us at once if you think:
· Your statement or transaction record is wrong
· You need more information about a transaction listed on your statement
· An unauthorized person has discovered your password
· Someone has transferred or may transfer money from your account without
· Bill payment transactions have been made without your authorization
We must hear from you no later than 60 days after we have sent the first
statement on which the problem or error appeared. If you tell us verbally,
we may require you to send us your complaint or question in writing
or by secure online e-mail within 10 bank business days. Online Clients
may use secure online e-mail. When you contact us, please provide the
· Your name and account number
· The date and dollar amount of the transaction in question
· The name of the payee if the transaction in question is a payment
· The transaction number assigned by Online Banking, if available
· A description of the transaction about which you are unsure
Please explain as clearly as you can why you believe there is an error
or why you need more information.
We will tell you the results of our investigation within 10 bank business
days after we hear from you, and we will promptly correct any error
we have made. If we need more time, however, we may take up to 180 days
to investigate your complaint or question.
If we conclude there was no error, we will send you a written explanation
after we complete our investigation.
M. Compromised passwords
Your Online ID and password are your keys to access Online Purchasing.
Be careful in selecting and maintaining them to protect your information.
Tell us at once if you believe your Online password has been compromised.
The best way to minimize your loss is to call us immediately.
When you give someone your Online Purchasing and password, you are authorizing
that person to use your service, and you are responsible for all transactions
that person performs while using your service. All transactions that
person performs, even those transactions you did not intend or want
performed, are authorized transactions. After you notify us that the
person is no longer authorized and we have reasonable time to act on
your notice, additional transactions by that person will not be authorized
transactions. Transactions that you or someone acting with you initiates
with fraudulent intent are also authorized transactions.
N. Additional terms and conditions of service
for commercial transactions in patented products
Products under patent are offered for research & development
purpose only. In some cases items covered by valid patents in any country
are not offered or supplied to those countries. The patent position
in the concerned country should be verified by the client.
O. Company As Agent
The Company acts as the "agent/broker" of the Client
for the purpose of performing duties in connection with the purchase
and release of goods, the securing of export licenses, the filing of
export documentation on behalf of the Client and other dealings with
Government Agencies etc.
P. Advancing Money. All charges must
be paid by Client in advance.
Q. Our liability for failure to complete transactions
If we do not complete a transaction, or in the correct amount according
to our agreement with you, we will be liable for your losses up to and
not exceeding the amount you have deposited with us.
Exception hereto is in cases where you have accepted that we
use a third party intermediary or supplier. In such cases refunds,
excluding cost of case admin. & bank cost related to the whole transaction,
are repaid immediately or where third part is involved as/when/if the
third party has paid us for such cost in full.
agrees that in connection with any and all services performed by the
Company, the Company shall only be liable for its negligent acts, which
are the direct and proximate cause of any loss to Client, including
loss or damage to Client's goods, and the Company shall in no event
be liable for the acts of third parties.
For instance, we will not be liable:
· If, through no fault of ours, you don't have enough available
credit in your account to cover the transaction in time for contractual
delivery or your fail to deposit the required amount on time to complete
the transaction. In such cases refunds shall be minus cost incurred.
· If it is reasonable to conclude that you knew about any technical
or practical, incl. legal reason, for a malfunction or inadequacy of
the transaction before or after you started the transaction.
· If circumstances are beyond our control (such as fire, flood or acts
of God, laws, revolutions, war & insurrections, strikes, local banking
practice, fraud, illegal exports, malfeasance, incl. incompetence or
error from suppliers, shippers or others, which prevented or delayed
- If offers made by electronic e-mails or any other means are not confirmed
by irrevocable payment.
- Products protected by valid patents are not offered for sale in countries
where the sale of such products constitutes a patent infringement -
however, liability for patent infringement is exclusively agreed to
be at buyer' risk.
- There may be other exceptions not specifically mentioned.
R. No liability for the selection or services
of third parties.
Unless services are performed by persons or firms engaged pursuant to
express written instructions from the Client, Company shall use reasonable
care in its selection of third parties, or in selecting the means, route
and procedure to be followed in the handling, transportation, clearance
and delivery of the shipment; Advice by the Company that a particular
person or firm has been selected to render services with respect to
the goods, shall not be construed to mean that the Company warrants
or represents that such person or firm will render such services nor
does Company assume responsibility or liability for any action(s) and/or
inaction(s) of such third parties and/or its agents, and shall not be
liable for any delay or loss of any kind, which occurs while a shipment
is in the custody or control of a third party or the agent of a third
party; all claims in connection with the Act of a third party shall
be brought solely against such party and/or its agents; in connection
with any such claim, the Company shall reasonably cooperate with the
Client, which shall be liable for any charges or costs incurred by the
S. Quotations not binding. Quotations as to
fees, rates of duty, freight charges, insurance premiums or other charges
given by the Company to the Client are for informational purposes only
and are subject to change without notice; no quotation shall be binding
upon the Company unless the Company in writing agrees to undertake the
purchase, handling or transportation of the shipment at a specific rate
or amount set forth in the quotation and payment arrangements are agreed
to between the Company and the Client.
T. Insurance. Unless requested to do so in writing
and confirmed to Client in writing, Company is under no obligation to
procure insurance on Client's behalf; in all cases, Client shall pay
all premiums and costs in connection with procuring requested insurance.
V. No Duty To Maintain Records For Client. Client
acknowledges that pursuant to Sections 508 and 509 of the Tariff Act,
as amended, (19 USC §1508 and §1509) it has the duty and is solely liable
for maintaining all records required under the Customs and/or other
Laws and Regulations of the United States; unless otherwise agreed to
in writing, the Company shall only keep such records that it is required
to maintain by Statute(s) and/or Regulation(s), but not act as a "recordkeeper"
or "recordkeeping agent" for Client.
W. The Client agrees that the Client has an affirmative, non-delegable
duty to disclose any and all information required
to import, export, or enter the goods.
X. Indemnification/Hold Harmless. The Client
agrees to indemnify, defend, and hold the Company harmless from any
claims and/or liability arising from the importation or exportation
of Client's merchandise and/or any conduct of the Client, which violates
any Federal, State and/or other laws, and further agrees to indemnify
and hold the Company harmless against any and all liability, loss, damages,
costs, claims and/or expenses, including but not limited to attorney's
fees, which the Company may hereafter incur, suffer or be required to
pay by reason of such claims; in the event that any claim, suit or proceeding
is brought against the Company, it shall give notice in writing to the
Client by mail at its address on file with the Company.
Z. Governing Law
This services agreement shall be governed by and construed in accordance
with the laws of Delaware, USA or the Kingdom of Denmark at the Company’s
discretion and choice.
© copyright 2006-2007. All Rights
copyright in all materials on this website, including but not limited
to the text and graphics herein, is owned by the Company. You may print
copies of any part of this website for your own personal, non-commercial
use. Notwithstanding the foregoing, you may not, without the express
written consent of the Company: (i) distribute, modify, or reproduce
any part of this website (including text and graphics), or (ii) "mirror"
any part of this website (including text and graphics) on any other
information and links contained on this website are being provided
by the Company for general information purposes only. This website
may include links to third-party websites over which the Company has
no control. the Company makes no representations as to the accuracy
or any other aspect of the information contained in such third-party
the Company makes no representations about the suitability, reliability,
availability, timeliness, and accuracy of the information contained
on this website for any purpose. The information contained on this
website is provided "as is" without warranty of any kind.
the Company hereby disclaims all warranties and conditions with regard
to this website, including all implied warranties and conditions or
merchantability, fitness for a particular purpose, title and non-infringement.
NO EVENT SHALL the Company BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THIS WEBSITE,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GOODS,
SERVICES OR GRAPHICS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE, OR OTHERWISE ARISING
OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE.