Terms and Conditions for Regular Export Collection
1 This collection is subject to the Uniform Rules for Collections, International Chamber of Commerce Publication number 522 or any successor publication in force from time to time.
2 The choice of collecting bank rests with Lloyds Bank plc, unless specific instructions are given on this form to present through a named bank direct, without the intervention of an intermediary.
3 Unless otherwise instructed, unaccepted term bills will be sent for acceptance and, following acceptance, will be retained by the collecting bank, pending presentation for payment at maturity. Airmail is used wherever possible unless otherwise instructed. Duplicate documents are also sent by airmail.
4 Unless expressly provided to the contrary herein in Clause 5, no person other than you and Lloyds Bank plc shall have rights under the Contracts (Rights of Third Parties) Act 1999 to enforce or to enjoy the benefit of these terms and conditions.
5 If you are a customer of:
• Lloyds Bank International Limited
• Lloyds Bank Private Banking Limited
• Bank of Scotland plc
5.1 you acknowledge and agree that:
5.1.1 each of the above banks has appointed Lloyds Bank plc as its agent for the purpose of international banking transactions carried out at the request of its customers. Accordingly, if you are a customer of one of these banks, although Lloyds Bank plc will effect the transaction contemplated in these terms and conditions in its own name, you acknowledge and agree that it will do so as agent for your bank and that bank will indemnify Lloyds Bank plc in respect of the transaction.
5.1.2 these terms and conditions are therefore to be read as being between you and your bank and that all references in these terms and conditions to the “Bank”, “us”, “we”, “Lloyds Bank” and “Lloyds Bank plc” shall be construed accordingly to give effect to this clause.
5.1.3 Lloyds Bank plc may require the disclosure by Lloyds Bank International Limited, Lloyds Bank Private Banking Limited or Bank of Scotland plc (as the case may be) of information relating to its accounts (including information stored on its database), and that therefore Lloyds Bank International Limited, Lloyds Bank Private Banking Limited or Bank of Scotland plc (as applicable) is authorised to disclose all such information as may be requested by Lloyds Bank plc for the purpose of carrying out international banking transactions.
5.2 in any case where you have given Lloyds Bank International Limited, Lloyds Bank Private Banking Limited or Bank of Scotland plc information about individuals you represent and confirm that those individuals have appointed you to act for them and consent to the processing of personal data for the purpose of carrying out international transactions and to the transfer of that information abroad and to receive any data protection notices on their behalf.
5.3 the account details to be entered into the application for the transaction contemplated in these terms and conditions should be those of your appropriate account with your bank which will be debited or credited with any sums due in respect of the transaction.
6 Lloyds Bank plc and/or any member of the Lloyds Banking Group may be subject to sanctions and/or embargoes imposed by the international community including the UK, EU, UN and the USA. Lloyds Bank plc may not accept instructions from the collecting bank or may refuse to receive from or may return to the collecting bank any payment or may refuse to make any payment to you or may refuse to take any action under or in connection with this collection if it would result, or is in our reasonable opinion likely to result, in a breach by Lloyds Bank plc or any member of the Lloyds Banking Group or any of their respective employees of any sanction or embargo whether or not imposed in the UK and Lloyds Bank plc will not be liable for any loss, damage, cost or expense arising out of or in connection with any failure to pay or to act as a result of any such sanction or embargo. Lloyds Bank plc and/or its agents shall be permitted to disclose to the relevant authorities such information related to the collection as may be required.
7 Lloyds Bank plc shall not be liable for any loss of profits, business, data or information or for any incidental, indirect, special or consequential damages whether arising from negligence, breach of contract or otherwise, even if informed of the possibility of those losses or damages. Except as otherwise specified herein Lloyds Bank plc shall not be liable for any direct losses arising out of or relating to any of its actions or omissions to act in respect of the transaction contemplated by these terms and conditions, except to the extent that any such losses are caused by Lloyds Bank plc’s wilful misconduct, fraud or gross negligence of Lloyds Bank plc.
8 These terms and conditions and any disputes or claims arising out of or in connection with its subject matter (including non-contractual obligations) shall be governed by, construed and take effect in all respects in accordance with the laws of England. The parties irrevocably agree to submit to the exclusive jurisdiction of the English courts to settle any dispute or claim that arises out of or in connection with these terms and conditions (and any non-contractual obligations). You acknowledge that the use of the collection in certain countries is subject to specific local legislation and regulations and you agree to comply with any such legislative requirements and regulations as though they were set out herein.