Legal notice


STANDARD TERMS OF BUSINESS

Fullerton Maritime AG” – Fullerton Maritime AG, a company incorporated and registered in Zug, Switzerland with company number CHE-276.245.279 ZG and whose registered office is at “Baarerstrasse 25, 6300 Zug, Switzerland”

“Client”      – the person or company with whom Fullerton Maritime AG is undertaking the Service.

“Service”    – shipbroking services including sale and purchase, chartering, valuation and consultancy by employees of Fullerton Maritime AG.

  1. Fullerton Maritime AG Standard of Care

Fullerton Maritime will, subject to these Terms, use its reasonable endeavours to undertake the Service for the Client with the skill, care and diligence to be expected of a professional shipbroker under substantially similar conditions.

  1. Terms of Payment

Invoices will be rendered by Fullerton Maritime AG in line with standard shipbroking practice and  shall be paid (without deduction or set-off) by the Client within 14 (fourteen) days of issuance unless otherwise agreed with the Client. Payments shall be remitted free of any taxes, levies or claims or duties whatsoever.

  1. Limitation of Liability and Indemnity

Fullerton Maritime’s total liability in connection with any Service, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Work, shall be limited to the lower of (a) the amount of the actual fees paid by the Client under any Engagement under this Agreement, and (b) US$ 200,000 (United States Dollars Two Hundred Thousand); whether such liability arises in respect of any one incident or a series of incidents arising out of the same event. 

Fullerton Maritime AG shall not be liable for any claim which does not exceed the sum of US$ 5,000 (United States Dollars Five Thousand).

Neither Fullerton Maritime nor the Client shall be liable to the other or any third party for any indirect, special or consequential loss or damage whatsoever (including but not limited to lost profits or interruption of business) arising out of or in connection with the Service, whether or not the possibility of such loss or damage was known or foreseeable.

Except where the Client shall be able to prove on final determination that its loss arose as a result of any neglect or default on the part of Fullerton Maritime AG, the Client shall indemnify Fullerton Maritime against any third party liability that may arise in the course of Fullerton Maritime undertaking the Service.

  1.    Status of these Terms

These Terms, together with, or as varied with the express agreement of the Client and Fullerton Maritime AG shall supersede all prior communications, negotiations, representations, agreements, undertakings or understandings (whether oral or written) between the Client and Fullerton Maritime and shall constitute the entire agreement between the parties.

  1. Jurisdiction and applicable law

The services of Fullerton Maritime shall be governed exclusively by Swiss law. The sole jurisdiction for possible disputes between Fullerton Maritime and the client shall be the governing courts in Zug. 

Updated -Zug, August 8th, 2023

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