General terms and conditions

This is an English courtesy translation. In case of discrepancies, the German version prevails.

§ 1 Scope

These terms apply to all brokerage services provided by Handelsagentur Ellen Janina Jülich (Culmen Metals) to entrepreneurs, legal entities under public law and special funds under public law (Section 14 BGB). Deviating terms of the customer become part of the contract only with express written consent.

§ 2 Subject matter

Culmen Metals acts as an independent broker and brings feedstock suppliers, processors and offtakers together. Culmen Metals does not act as a seller of the brokered materials and does not trade on its own account. Purchase contracts are concluded exclusively between the respective market participants.

§ 3 Remuneration

Remuneration is agreed individually and arises upon the effective conclusion of the brokered transaction. All amounts are exclusive of statutory VAT.

§ 4 Cooperation and compliance

The customer provides the documents required for identification, sanctions and export control checks. Both parties undertake to comply with foreign trade law, the Money Laundering Act and supply chain due diligence obligations.

§ 5 Confidentiality

The parties treat all information obtained in the course of cooperation as confidential and use it solely for the agreed purpose. This obligation continues after the cooperation ends.

§ 6 Liability

Culmen Metals is liable without limitation in cases of intent and gross negligence and for injury to life, body or health. In cases of simple negligence liability exists only for breach of material contractual obligations and is limited to the typically foreseeable damage. No liability is assumed for performance, quality or delivery capability of the brokered supplier.

§ 7 Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Offenbach am Main to the extent legally permissible. Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.

Note

These terms are a draft and should be reviewed by a lawyer and adapted to actual business practice before use.