Terms & Conditions

AGREEMENT BETWEEN USER AND Charles Faram & Co Ltd

The Charles Faram & Co Ltd Web Site is comprised of various Web pages operated by Charles Faram & Co Ltd.
The Charles Faram & Co Ltd Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Charles Faram & Co Ltd Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Charles Faram & Co Ltd reserves the right to change the terms, conditions, and notices under which the Charles Faram & Co Ltd Web Site is offered, including but not limited to the charges associated with the use of the Charles Faram & Co Ltd Web Site.

LINKS TO THIRD PARTY SITES

The Charles Faram & Co Ltd Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Charles Faram & Co Ltd and Charles Faram & Co Ltd is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
Charles Faram & Co Ltd is not responsible for webcasting or any other form of transmission received from any Linked Site.
Charles Faram & Co Ltd is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Charles Faram & Co Ltd of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Charles Faram & Co Ltd Web Site, you warrant to Charles Faram & Co Ltd that you will not use the Charles Faram & Co Ltd Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Charles Faram & Co Ltd Web Site in any manner which could damage, disable, overburden, or impair the Charles Faram & Co Ltd Web Site or interfere with any other party’s use and enjoyment of the Charles Faram & Co Ltd Web Site.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Charles Faram & Co Ltd Web Sites.

USE OF COMMUNICATION SERVICES
The Charles Faram & Co Ltd Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Charles Faram & Co Ltd has no obligation to monitor the Communication Services. However, Charles Faram & Co Ltd reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Charles Faram & Co Ltd reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Charles Faram & Co Ltd reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Charles Faram & Co Ltd’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Charles Faram & Co Ltd does not control or endorse the content, messages or information found in any Communication Service and, therefore, Charles Faram & Co Ltd specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Charles Faram & Co Ltd spokespersons, and their views do not necessarily reflect those of Charles Faram & Co Ltd.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Charles Faram & Co Ltd OR POSTED AT ANY Charles Faram & Co Ltd WEB SITE
Charles Faram & Co Ltd does not claim ownership of the materials you provide to Charles Faram & Co Ltd (including feedback and suggestions) or post, upload, input or submit to any Charles Faram & Co Ltd Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Charles Faram & Co Ltd, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Charles Faram & Co Ltd is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Charles Faram & Co Ltd’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Charles Faram & Co Ltd WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.

Charles Faram & Co Ltd AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Charles Faram & Co Ltd WEB SITE AT ANY TIME.

ADVICE RECEIVED VIA THE Charles Faram & Co Ltd WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Charles Faram & Co Ltd AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Charles Faram & Co Ltd WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Charles Faram & Co Ltd AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Charles Faram & Co Ltd AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Charles Faram & Co Ltd WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Charles Faram & Co Ltd WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Charles Faram & Co Ltd WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Charles Faram & Co Ltd WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Charles Faram & Co Ltd OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Charles Faram & Co Ltd WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Charles Faram & Co Ltd WEBSITE.

TERMINATION/ACCESS RESTRICTION
Charles Faram & Co Ltd reserves the right, in its sole discretion, to terminate your access to the Charles Faram & Co Ltd Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the Charles Faram & Co Ltd Web Site. Use of the Charles Faram & Co Ltd Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Charles Faram & Co Ltd as a result of this agreement or use of the Charles Faram & Co Ltd Web Site. Charles Faram & Co Ltd’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Charles Faram & Co Ltd’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Charles Faram & Co Ltd Web Site or information provided to or gathered by Charles Faram & Co Ltd with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Charles Faram & Co Ltd with respect to the Charles Faram & Co Ltd Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Charles Faram & Co Ltd with respect to the Charles Faram & Co Ltd Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

Terms and Conditions of sale of Charles Faram & CoLtd (here in after called the company)

All goods are supplied to intending purchasers on the following terms, and no person in the employment or acting otherwise as agent of the company or purporting so to do, has authority to accept orders, supply goods on any other conditions or to vary these terms in any way whatsoever. Previous dealings between the company and any customer shall not vary or replace these terms or be deemed in any circumstances whatsoever so to do. Acceptance of goods from the company shall be conclusive evidence before any court or arbitrator that these terms apply.

The prices in this contract are related the costs of freight and insurance and to any taxes, duties and similar impositions and rebates affecting the import, export or sale of the goods and to currency exchange rates and costs of preparation, processing, packing materials effective at the time of sale. Any alteration in the cost to the company fulfilling this order due to alterations in all or any of these or to the introduction of new taxes or other impositions or rebates or the removal of any existing ones will entitle the company to modify these prices accordingly. The company cannot be held liable for loss arising from nondelivery due to crop failure, war or other “force majeure” or to changes in export or import regulations of the countries concerned.
Where the goods listed overleaf (the goods)are English hops the Standard Terms and Conditions of sale of the Hop Merchants Association current at the date hereof shall be deemed to be incorporated herein as if the same were repeated herein mutatis mutandisbut in the event of any conflict between them and these conditions these conditions shall prevail.
The risk in the goods listed overleaf shall pass to the buyer on delivery.
(a) The intending purchaser acknowledges that before entering into an agreement for the purchase of any goods from the Company he has expressly represented and warranted that he is not insolvent and has noncommitted any act of bankruptcy, or being accompany with limited or unlimited liability, knows of no circumstances which would entitle any debenture holder or secured creditor to appoint a receiver, to petition forwinding-up of the company or exercise any other rights over or against the company’s assets.
(b) Goods the subject of any agreement by the company to sell shall be at the risk of the intending purchaser a soon as they are delivered by the company to his vehicles or his premises or otherwise to his order.
(c) Such goods shall remain the sole and absolute property of the company as legal and equitable owner until such a time as the intending purchaser shall have paid to the company the agreed price together with the full price of any other goods the subject of any other contract with the company.
(d) The intending purchaser acknowledges that he is in possession of goods solely as bailee for the company until such time as the full price thereof is paid to the company together with the full price of any other goods the subject of any other contract with the company.
(e) Until such a time as the intending purchaser becomes the owner of the goods, he will store them on his premises separately from his own goods or those of any other person and in a manner which makes the readily identifiable as the goods of the company.
(f) The intending purchaser’s right to possession of the goods shall cease if he, not being a company, commits an available act of bankruptcy or if he, being a company, does anything or fails to do anything which would entitle a receiver to take possession of any assets or which would entitle any person to present a petition for winding-up. The company may for the purpose of recovery of its goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same.
(g) Subject to the terms hereof, the intending purchaser is licensed by the company to process the said goods in such fashion as he may wish and / or incorporate them in or with any other product or products subject to the express conditions that the new product or products or any other chattel whatsoever containing any part of the said goods shall be separately stored and marked so as to be identifiable as being made from or with the goods the property of the company
(h) If goods the property of the company areadmixed with goods the property of theintending purchaser or are processed with orincorporated therein, the product thereofshall become and / or shall be deemed to bethe sole and exclusive property of thecompany. If goods the property of thecompany are admixed with goods theproperty of any person other than theintending purchaser or are processed with orincorporated therein, the product thereofshall become or shall be deemed to be ownedin common with that other person.
(i) The intending purchaser shall be at libertyto agree to sell on any product produced fromor with the company’s goods on the expresscondition that such an agreement to sell shalltake place as agents and bailees for thecompany whether the intending buyer sells onhis own account or not and that the entireproceeds therefore are held in trustfor thecompany and are not mingled with any othermonies and shall at all times be identifiable asthe company’s monies.
(j) If the intending purchaser has not received the proceeds of any such sale he will, if called upon to do so by the company, within seven days thereof assign to the company all rights against the person or persons to whom he has supplied any product or chattel made from or with the company’s goods.
If owing to industrial disputes or any courses outside the company’s control the company is unable to deliver the goods by the delivery date specified overleaf then provided that the company shall have given the buyer notice inwriting without delay of its intention to claim an extension of time the buyer shall grant the Company such extension of time as may be reasonable and the company shall not be liable for the consequences of any delay beyond the stated delivery date.
The company does not sell the goods subject to any warranty condition or stipulation either express or implied and any such warranty or condition either express or implied by common law or by statute is hereby expressly excluded and the company shall not be liable to the buyer for:
a. Any loss of profit or of contracts or:
b. Any damage or injury to the extent that the same is caused by or arises out of the acts or omissions of the buyer or of others (not being the company’s servants or agents).
If no written notice is received by the company within seven days of the date of the delivery of the goods to the buyer the goods shall be deemed to have been accepted by the buyer as being in good order and inconformity with the contract. No claims will be accepted thereafter.
No variation of these conditions shall be binding upon the company unless in writing and signed by a Director on behalf of the company.
These conditions shall form the basis of the contract between the company and the buyer and shall prevail over any conditions or terms of trading of the buyer.
Unless otherwise agreed this contract shall be subject to English law.

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