1. Form of Instructions: Whenever possible instructions shall be given in writing and in a timely manner in order for them to be executed during normal working hours.
Unless further written notice to the contrary by the Client of his representative. Instructions may also be given by facsimile (telefax), telegraph, telephone, e-mail of orally and may be executed immediately without further written confirmation by the Client. Instructions received by telephone or orally shall be confirmed in writing by Goldblum and Partners (instruction confirmation). The Client recognises all instructions executed and/or confirmed in such manner as being binding on him. The Client shall indemnify and hold harmless Goldblum and Partners and any person instructed by the latter to execute instructions, for any damages whatsoever that might result from such way of Communication, in particular from transmission errors, falsifications, garbled transmissions or double execution.
2. Communications from Goldblum and Partners: Communications, such as instruction confirmations, notices etc., shall be deemed to have been duly delivered to the Client, if sent to the last address supplied by the Client. In the event that the Client has chosen the correspondence to be retained by Goldblum and Partners, notices shall be deemed delivered and received upon being so retained upon expiration of the agreed period of retention such correspondence may be destroyed unless its delivery was requested.
3. Authorisation to Provide Information to Banks / External Correspondents / Retrocessions: The Client acknowledges that banks as well as some of Goldblum and Partners correspondents are obliged pursuant to applicable laws to identify the beneficial owner of assets before entering into business relations. To such extent Goldblum and Partners shall be authorised to provide those institutes with the required information, in particular with the identity of the Client and/or other beneficial owners.
4. Termination of Agreements: The Contractual relationships between the Client and Goldblum and Partners as well as all mandates and powers of attorney resulting thereof shall not cease to exist upon death, declaration of absence, bankruptcy or incapacity to act of the Client
Contractual relationships may individually or jointly be terminated in written at any time without further notice of having to give reasons. Claims for fees of Goldblum and Partners shall be reserved.
5. Right for substitution: Contractual obligations towards the Client may be wholly or partially carried out by a third party (substitute of Goldblum and Partners) resp. correspondents.
6. Urgency: In urgent cases measures may not be taken without instructions. Goldblum and Partners shall take all possible measures to contact and receive instructions from the Client, if it is impossible to reach the Client or any designated representatives of the Client during 24 hours no action shall be taken anyway unless requested by the state authority on the basis of the rightful court ruling.
7. Liability of Goldblum and Partners: Goldblum and Partners shall only be liable for fraud, wilful misconduct and gross negligence.
In the event of substitution of Goldblum and Partners by correspondents the liability of Goldblum and Partners shall be restricted to proper appointment, instruction and supervision of the correspondents. Goldblum and Partners shall not incur any liability for having acted in accordance with applicable contractual provisions of the instructions of the Client.
8. Indemnity by the Client: The Client undertakes to indemnify and hold harmless Goldblum and Partners for and against any damages or other disadvantages that may be incurred for any reason whatsoever during the course of carrying out the contractual obligations and instructions.
9. Several Clients: In the event of the existence of a contractual relationship between Goldblum and Partners and several Clients, the latter shall be jointly and severally liable for all obligations resulting thereof.
10. Confidentiality: All information in connection with the contractual relationship between the Client and Goldblum and Partners constitute business secrets within the meaning of the applicable Swiss Criminal Code and are kept strictly confidential.
11. Creditors: The Client confirms that she/he is not aware of any creditors who may legally have a claim to the assets which are the subject matter of her/his relationship with Goldblum and Partners.
13. Tax and Legal Advice: Unless specifically agreed in Writing, Goldblum and Partners, its representatives or associates shall not be responsible for tax filings of any kind, to report of supply information to any tax authorities for and on behalf of the beneficial owner(s), the Client, or any trust or corporation administered by Goldblum and Partners. Furthermore, the Client takes note that neither Goldblum and Partners nor its representative and associates have given nor intended to give any legal or tax advice, except as defined in the agreements.
Contact Questions, comments and requests regarding our General Terms and Conditions are welcomed and should be addressed to:
Goldblum and Partners AG
Baarerstrasse 25
6300 Zug
Switzerland
or via email:
info@goldblum.ch