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Standard Trading Terms & Conditions
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CV Platinum Strategies STANDARD TRADING TERMS AND CONDITIONS are detailed and provided as hereunder for general reference:
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1. SCOPE: The following Standard Trading Terms and Conditions will apply exclusively to all current and future business relationships between CV Platinum Strategies (hereinafter referred to as the “Company”) and the client (hereinafter referred to as the “Customer”). Any additional or inconsistent terms issued by the Customer, including any such terms and conditions set forth on a purchase order provided by the Customer, shall not be binding on the Company unless the Company gives its express agreement in writing (including via electronic format) at Company Director level.
2. ENTIRE AGREEMENT: Any quotation or price information made available by the Company is without obligation and is subject to change without notice unless an offer has been designated as binding. Oral understandings between the Customer and the Company will require written confirmation (including via electronic format), at Company Director level, by the Company and a contract between the Customer and the Company will only become valid when it has been accepted in writing (including via electronic format), at Company Director level, by the Company (e.g., confirmation of order, which will become final) or when the order is performed (e.g. delivery). As permitted by law, the Company reserves the right to correct errors in its offers, invoices and communications such as spelling or arithmetical errors. Both the Customer and the Company each owe a duty a duty to each other in order to give full effect to any agreement entered.
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3. ASSIGNMENT: Unless specifically set forth in a written agreement between the Customer and the Company, the obligations of the Customer may not be assigned to any third party (with the change in control of the Customer constituting an assignment). These Standard Terms and Conditions shall be binding on each party’s successors or assigns.
4. DELIVERY: As permitted by law, and unless expressly agreed between the Client and the Company, the standard general delivery terms of delivery by the Company, or by any associate entity, of any materials, components, parts or supplies are ex-works point of origin.
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5. PRICING: Unless otherwise indicated in writing (including via electronic format), at Company Director level, all prices are quoted by the Company will be nett, ex works, in either US Dollars or Euros, as applicable, and are exclusive of any and all taxes and duties imposed or levied by any governmental authority.
6. SETTLEMENT: Unless specifically set forth in a written agreement (including via electronic format), at Company Director level, between the Customer and the Company, settlement payments for goods and/or services from the Company is strictly nett twenty one (21) days from the date of invoice. Overdue payments shall bear interest from the due date at the rate of the lower of two and a half percent (2.5%) for each 21 day overdue period, or part thereof, or the maximum rate permissible under applicable law.
7. WARRANTY: Unless specifically set forth in a written agreement (including via electronic format), Company Director level, between the Company and the Customer or as required by law, the goods and services purchased by the Customer are provided by the Company, or associate entity, without any representation or warranty of any kind, including without limitation, any warranty or non-infringement or fitness for a particular purpose.
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8. PARTIAL NULLITY: In the event that any provision of these Standard Terms and Conditions is unenforceable or invalid, such unenforceability or invalidity shall not render these Standard Terms and Conditions unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or court decisions.
9. EXPORT: The Customer fully agrees that any and all materials or goods provided to the Customer by the Company, or via any associate entity, will not be shipped, transferred or exported to any country or used in any manner prohibited by the United States Export Administration or any applicable export laws, restrictions or regulations.
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10. TERMINATED and EXPIRED CONTRACTS or AGREEMENTS: If any existing contract or agreement between the Customer and the Company is terminated by either party for any reason, and the Customer requests to reinstate such agreement, the Company may, in its sole discretion, agree to allow such reinstatement.
11. GOVERNING LAW and JURISDICTION: Any agreement entered into between the Customer and the Company is governed by the laws of England and Wales (without regard to applicable conflict of any national or state law provisions). The courts of London, England, shall be the exclusive forum for any disputes arising out of or related to such agreement. Both the Customer and the Company agree to the sole jurisdiction and venue of these courts in any action related to such agreement. The agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.
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