REGULATIONS
of General Lloyd – Watercraft and Equipment Brokering Office
of 11th Jan. 2010
1.
The Broker renders services to domestic and international corporate bodies, to organisational units without legal status and to persons with full capacity to act. All the above mentioned customers may use www.shipbroker.pl site . 2.
In the frame of brokering services the data/particulars made available to the Broker by Buyer/Seller may require verification. The Buyer/Seller shall have obligation to submit, upon Broker’s request, any documents required in connection with the above verification. In the event of electronic registration, the brokering agreement becomes effective after approval of the registration by the broker/administrator of www.shipbroker.pl site. Where required the Buyer/Seller shall be required to furnish the Broker with any necessary documents, to confirm the Buyer’s/Seller’s legal status within 7 days from the date of approval of registration. In the event of finalisation of Memorandum of Agreement the Broker shall be authorized to see original documents provided by the Buyer/Seller and any other documents, beside those submitted by the Buyer/Seller, and the Buyer/Seller shall allow the Broker to make copies of such documents to facilitate realisation of the brokering agreement. 3.
Following correct registration the Broker shall open an account associated with the Offerer’s name as proposed in the registration form. The Offerer shall have access to the account by entering at the www.shipbroker.pl site the Offerer’s name and password (logging).4.
After the logging the Offerer may modify his offer, up-date the data, add or delete non-current data.5.
Activities referred to in items 3 and 4 above of these Regulations are free of any fees or charges .6.
The Offerer shall not use accounts belonging to other offerers and shall not make available his own account to other persons, except where a company account is made available to persons duly authorized by the Offerer to act in his name. The Offerer shall keep his account password in secret. The accounts are non-transferrable.7.
The Broker reserves right to temporary block access to the account or access to selected services rendered by the Broker in case when a safe use of the account is endangered. The Offerer shall be promptly informed by the Broker of any instances of existing threat to, or violation of, the account. The Broker may condition further use of the account by the Offerer with a change of the access password to the account by the Offerer. Following such change the Offerer shall immediately regain access to the account.8.
By placing an offer of a watercraft or of its equipment the Offerer declares that the sale of the watercraft or its equipment does not infringe prevailing regulations nor violates rights of third parties and, furthermore, that the Offerer is authorized to conclude and deliver the Memorandum of Agreement in connection with which the merchandise has been offered for sale.9.
Description of the watercraft or equipment offered for sale shall be fair and detailed and shall not misinform other offerers, particularly in terms of such attributes of the merchandise like: year and place of construction, nationality, tonnage, length and breadth, class, capacity, outfitting - describing the merchandise offered for sale. The description of watercraft or of equipment shall conform to law regulations, in particular shall contain information required under existing circumstances, also the information required under prevailing law on consumers’ rights. The Offerer shall be fully responsible for contents of the presented description of watercraft or of equipment and shall be responsible for any errors and inaccuracies of the presented description.10.
The Seller/Buyer shall place the watercraft or its equipment offered for sale or, respectively, to be purchased, in an adequate category, considering type of the merchandise.11.
Information contained in a description of the sold or purchased watercraft or its equipment shall apply exclusively to the merchandise under consideration.12.
Using www.shipbroker.pl site the users of the site may submit to General Lloyd their questions relating the contemplated transaction. Such questions are automatically transferred to the Broker’s e-mail address.13.
Illegal actions: a. visualizing addresses of WWW sites, on which the sale is negotiated,
c. visualizing information inconsistent with description of the merchandise being sold,
d. visualizing information of advertising nature, in particular that inviting to transact outside of www.shipbroker.pl site.
14.
The Offerers shall not exempt or limit statutory warranty vested on purchasers even in situations where the sale is not a consumer’s sale. The statutory warranty does not include defects of a watercraft or of its equipment of which the purchaser has been aware, especially the statutory warranty does not include defects depicted in the description of the watercraft or of its equipment.15.
The Broker shall not be responsible for actions of Offerers in the frame of www.shipbroker.pl nor for improper execution or failing to execute the concluded Memoranda of Agreements as a result of sale-purchase offers presented on the said web site, the Broker furthermore shall not be responsible for consequences of actions taken by the offerers and third persons. The Broker shall, moreover, not be responsible for quality, safety and legal status of watercraft and equipment transacted at www.shipbroker.pl site, nor the Broker shall be responsible for quality, safety and legal status of watercraft presented at www.shipbroker.pl site. Furthermore, the Broker shall not be responsible for genuineness and fairness of information given by the Offerers, capability of Offerers for sale and creditworthiness of Buyers. The Broker shall not be responsible for Offerers failing to conclude an agreement.16.
The Broker shall not inspect the watercraft and equipment being offered at www.shipbroker.pl site, however the Broker reserves right to change category of the merchandise being sold or to remove the merchandise from the site. In individual cases, following pertinent settlements in the brokering agreement the Broker may inspect a watercraft, collect watercraft documentation and prepare photographic report. The Broker shall be reimbursed the involved costs for such field services.17.
The Broker shall be entitled to remove a watercraft from the web site if the Offerer’s actions infringe provisions of these Regulations or the Broker’s reputation.18.
The Broker may suspend indefinitely or for a certain period any or all accounts of an Offerer if the actions of the Offerer infringe provisions of these Regulations, negatively affect Broker’s reputation or otherwise are detrimental to the Broker’s company or if - in a reasonable case - the account requires additional verification of data. Irrespective of suspension of the account the Offerer shall be fully responsible for his/her actions leading to the suspension, including full liability for damages sustained by the Broker.19.
If the account is suspended the Offerer only retains access to his/her account. In the event of suspension of the account all watercraft or equipment offered for sale by the Offerer may be removed from the web site.20.
Offerer whose account is suspended may not, without prior consent of the Broker, register or run the account. The Broker may refuse to register or keep another account for an Offerer also if in the past any other account of the Offerer was suspended.21.
Services rendered by the Broker in the frame of shipbroker.pl site become payable only if the transaction is finalized. All charges and fees shall be charged from the Offerer. The level of charges and fees for individual services as well as options and charging procedures shall be determined by the Broker and Offerer following receipt of sale/purchase offers relating the sold-purchased watercraft or equipment by the Broker.22.
Offerers being corporate bodies may be issued VAT invoices for the services. Customers being natural persons are issued VAT invoices exclusively at request.23.
Invoices shall be issued using Offerer’s data available at his account.24.
Copyright to graphic elements at www.shipbroker.pl site, including "General Lloyd" logo, and also to layout and composition of the elements as well as industrial property rights, including trademark registration rights and protection rights relating trademarks at the www.shipbroker.pl site belong exclusively to the Broker. The Users are prohibited to use graphic elements, including their layout, and composition and also markings covered by rights belonging to the Broker except situations explicitly mentioned in the Regulations or upon Broker’s consent.25.
The Offerer is obligated not to disclose to third persons any information relating other offerers, which he/she obtained from the Broker in connection with the www.shipbroker.pl site unless the Offerer obtained, in advance, pertinent consent from the offerer whom the information relates. The information obtained from the Broker may be used by the Offerer exclusively in connection with the preparation and execution of Memoranda of Agreements related to the sale offer.26.
The Offerer may at any time dissolve the agreement with the Broker (relating any account) by delivering a notice on dissolution and confirming the entered data – login and password.27.
The Offerer may lodge a claim if services provided for in these Regulations are not rendered by the Broker or if they are rendered inconsistently with the provisions of the Regulations.28.
The claim shall be lodged electronically using contact form or in writing. The claim shall consist at least of name used by the Offerer at www.shipbroker.pl site (login) and a description of the claim.29.
Should the information given in the claim require supplementing the Broker shall, prior to examining the clam, request the claimant to complement the claim where required.30.
Response to the claim shall be sent exclusively to the e-mail address attached at the Offerer’s account. In some justified cases the Broker may send the response to another e-mail address, not attached at the Offerer’s account, as indicated by the Claimant.31.
Agreements between the Offerer and Broker on ground of which the Broker renders services covered by www.shipbroker.pl site pursuant to provisions contained in the Regulations shall be governed by Polish law. All disputes related to services rendered by the Broker in frame of Broker’s company and using www.shipbroker.pl site shall be adjudged by common courts of law having jurisdiction over the Broker’s seat.32.
The Broker shall pay particular attention to ensure confidentiality for the Offerers. The Broker shall, with due diligence, apply adequate technical and organisational means to provide security for the processed data. Above all, the Broker shall protect the data against access by unauthorized persons, as well as against unlawful processing of the data. The Broker shall maintain continuous control over the data processing and shall, as far as possible, restrain access to the data by giving access permissions only when indispensible for proper running the service. 33.
Data given by the Offerer during registration process shall be used for book-keeping purposes, for maintaining contact with the Offerer in connection with services rendered and for other activities related with execution of the brokering agreement in the frame of www.shipbroker.pl site. These data may be used to verify whether the registered person meets conditions required by these Regulations and by pertinent legal acts. Contact data may also be used for providing the User by Broker with information on the Broker’s company and on rendered services. The Offerer may, at any time, resign from being furnished with this type of information. 34.
Particulars of Offerers may be made available to relevant authorized entities in line with generally binding provisions of law. 35.
The Broker shall ensure for the Offerers a possibility to peruse, modify and delete personal data.36.
The Broker may use IP addresses obtained during internet connections for technical purposes related with administering the servers. Besides, the IP addresses may be used for collecting general, statistical demographic information (e.g. on region from which the contact was made). 37.
The Broker will use "cookies". Information obtained from "cookies" enable to adapt the services and contents to individual needs and preferences of Offerers and serve to prepare general statistical information on use of Broker’s web site by the Users. Disabling the cookies in web browser generally does not preclude use of www.shipbroker.pl site, however may cause some difficulties. 38.
These Regulations come into force on 11th of January, 2010.



