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Information and liabilty disclaimer for the use of the gruuna arbitration clause.
The gruuna arbitration clause provided by gruuna free of charge is intended as a template. You are permitted to copy, distribute and amend these texts free of charge.
Even by providing the gruuna arbitration clause, gruuna does not give you any legal counsel. If you use the gruuna arbitration clause you are doing so at your own risk. gruuna does not accept liability for any risks or damages occurring to you due to the use of the gruuna arbitration clause.
gruuna explicitly states that the use of the unchanged gruuna arbitration clause might not be ideal or at all suitable for certain cases because special cases might not have been adequately considered. Specific parts of the clause might also not be suitable for certain circumstances and may, therefore, be legally invalid or should be avoided altogether.
gruuna recommends reviewing the texts carefully before each use or having them reviewed by a legal expert.
gruuna arbitration clause
1. All disputes occurring from this trade are decided by an arbitration court appointed by the German Cereal and Commodity Exchange (Commodity Exchange or else Exchange Association) excluding the regular legal process.
2. The creditor reserves the right to enforce claims from bills of exchange and cheques, as well as claims against which no objection has been raised, up to the date of filing the claim, at ordinary courts.
3. The following regulations determine the responsible arbitration court:
- If the parties concerned belong to the same Cereal and Commodity Exchange (Commodity Exchange or else Exchange Association), the arbitration court of this institution is responsible.
- If the parties concerned belong to different Cereal and Commodity Exchange (Commodity Exchange or else Exchange Association), the seller has the right to appoint the arbitration court from one of these institution
- In all other cases, the seller has the right to appoint an arbitration court from a Cereal and Commodity Exchange (Commodity Exchange or else Börsenverein)
4. If the seller does not appoint an arbitration court according to Article 3. b) or c), even thought the buyer has requested him to do so, the right of appointment is forwarded to the buyer after a period of five calendar days after the receipt of the request. If the buyer does not exercise this right within a period of five calendar days from the day of receiving the determination right according to Article 4. Clause 1, it is returned to the seller. The regulation, according to Article 4. Clause 2, does not affect the right of the buyer proceed again according to Article 4. Clause 1.
5. The arbitration clause is regulated by the arbitration court order of the responsible arbitration court in the version valid on the day of filing the claim.