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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.

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