Terms and Indemnity for Direct Collection
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.
- All collections will be subject to the Uniform Rules for Collections International Chamber of Commerce Publication number 522 or any successor publication in force from time to time.
- You shall indemnify Lloyds Bank plc as follows in respect of all Direct Export Collections.
- In consideration of you allowing us to complete the Direct Export Collection Schedule(s) ("the Schedule(s)") and subject to your express online approval to allow us to despatch the Schedule to another branch of Lloyds Bank plc or to another bank, we agree to indemnify you on demand against all claims, demands, costs, liabilities, charges, expenses, or losses ("Claims") which you may sustain or incur or which may be brought or preferred against you and which arise directly or indirectly, as a result of our doing so. In particular (without prejudice to the generality of the forgoing) this indemnity shall extend to all Claims which you may sustain or incur directly or indirectly out of or in connection with the instructions/information put on the Schedule and/or the completion of such Schedules whether or not this was done with our authority.
- We undertake:
2.1 not to use any scanned or other electronic copy of the Schedules unless you have previously agreed in writing that we may do so. If you do so agree, our above indemnity will also apply to any Claims as a result of the creation and use of such electronic copies;
2.2 to ensure that only authorised persons have access to the systems containing such electronic copies, and that such systems can only be operated in a secure manner;
2.3 not to alter the format or content of the Schedules which you have approved without your written agreement; and
2.4 destroy or delete such electronic copies and/or templates of the Schedules if you require us to do so.
We acknowledge that you may terminate the arrangements contemplated by this indemnity immediately upon written notice to us and our obligation under this indemnity shall survive any such termination.
You may debit any sums payable to us pursuant to this indemnity to any account in our name.
- In the case that the amount to be debited to your account is denominated in a currency different from the currency of your account Lloyds Bank plc may, unless you have agreed other settlement arrangements with it, pass any such debits in the currency of your account at Lloyds Bank plc's rate of exchange of ruling when it passes such debit or, if passed after payment, at Lloyds Bank plc's rate of ruling when it receives advice of payment.
- In the event that any amount payable by you hereunder remains unpaid and you do not have an account with Lloyds Bank plc that it can debit in the same currency as such unpaid amount, you shall pay interest from time to time on such unpaid amount at a rate as may be agreed between you and Lloyds Bank plc, but in the absence of such agreement at a rate per annum equal to the aggregate of 3% per annum and the cost to Lloyds Bank plc (as shall be determined by Lloyds Bank plc at its absolute discretion) of funding such unpaid amount from time to time, and (without prejudice to Lloyds Bank plc's right to require payment of such interest) all such interest shall be compounded (both before and after any demand or judgement) at such times as Lloyds Bank plc shall from time to time fix (but no more than monthly).
- All teletransmission messages shall be dispatched at your risk and cost, and (save where it is directly due to Lloyds Bank plc's negligence or default) Lloyds Bank plc shall not be responsible for any loss caused by mistakes, mutilations or omissions in their teletransmission, coding or decoding or interpretation when received, or by delay on the part of the teletransmission companies and/or operators.
- Unless expressly provided to the contrary herein in Clause 8, 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.
- 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 any collecting bank or may refuse to receive from or may return to any 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 any 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 concerned as may be required.
8. If you are a customer of:
- Lloyds Bank International Limited
- Lloyds Bank Private Banking Limited
- Bank of Scotland plc
A. You acknowledge and agree that:
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.
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.
3. Where 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), 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.
B.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.
C. 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.
9. 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.
10. These terms and conditions shall be governed by English law. You hereby agree for the benefit of Lloyds Bank plc that the courts of England shall have jurisdiction to settle any disputes that may arise out of or in connection with these terms and conditions. Nothing in this paragraph shall limit the right of Lloyds Bank plc to bring any legal action or proceedings with respect to these terms and conditions in any competent jurisdiction.