Useful information

Terms and indemnity for Direct Collection

1. The choice of collecting bank rests with Lloyds TSB Bank plc, unless specific instructions are given on this form to present through a named bank direct, without the intervention of an intermediary.
   
   
2. 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.
   
   
3. You shall indemnify Lloyds TSB Bank plc as follows in respect of all Direct Export Collections.

CUSTOMER INDEMNITY

1. 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 TSB 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. 
   
   
2. 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. 
   
   
3. You may debit any sums payable to us pursuant to this indemnity to any account in our name.
   
   
4. 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 TSB Bank plc may, unless you have agreed other settlement arrangements with it, pass any such debits in the currency of your account at Lloyds TSB Bank plc's rate of exchange of ruling when it passes such debit or, if passed after payment, at Lloyds TSB Bank plc's rate of ruling when it receives advice of payment. 
   
   
5. In the event that any amount payable by you hereunder remains unpaid and you do not have an account with Lloyds TSB 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 TSB 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 TSB Bank plc (as shall be determined by Lloyds TSB Bank plc at its absolute discretion) of funding such unpaid amount from time to time, and (without prejudice to Lloyds TSB 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 TSB Bank plc shall from time to time fix (but no more than monthly). 
   
   
6. All teletransmission messages shall be dispatched at your risk and cost, and (save where it is directly due to Lloyds TSB Bank plc's negligence or default) Lloyds TSB 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.
   
   
7. Unless expressly provided to the contrary herein in Clause 8, no person other than you and Lloyds TSB 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.
   
   
8. If you are a customer of: 
   
   -Lloyds TSB Scotland plc 
   
   -Lloyds TSB Offshore Limited or 
   
   -Lloyds TSB Private Banking Limited
   
   you acknowledge and agree that each of the above banks has appointed Lloyds TSB 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 TSB 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 TSB Bank plc in respect of the transaction. You acknowledge and agree that 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", "Lloyds Bank", "Lloyds TSB", "Lloyds TSB Bank" and "Lloyds TSB Bank plc" shall be construed accordingly to give full effect to this clause.
   
   The account details to be entered into the Schedule(s) 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 TSB 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 TSB 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 TSB Bank plc's wilful misconduct, fraud or gross negligence of Lloyds TSB Bank plc. 
   
   
10. These terms and conditions shall be governed by English law. You hereby agree for the benefit of Lloyds TSB 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 TSB Bank plc to bring any legal action or proceedings with respect to these terms and conditions in any competent jurisdiction.