Spot Market Member User Agreement

Preamble

PALLETTENRING.DE is a B2B virtual market place that brings together buyers and sellers of pallets by means of electronic trading. This SPOT MARKET MEMBER USER AGREEMENT, hereinafter, AGREEMENT is entered between PALETTENRING.DE, a product of Palettenberater.de, located at Riesenweg 10, in 21244 Buchholz, Germany and the USER.

1. Membership

PALETTENRING.DE usage is reserved for qualified MEMBERS only. We will start processing MEMBERSHIP applications only after each APPLICANT formally registers with us and submits his acceptance to this USER AGREEMENT. MEMBERSHIP to the spot market will be granted to qualified APPLICANTS only.

2. Qualification Criteria

PALETTENRING.DE welcomes legal entities who belong to any of the groups below:

All of the above promise to ship pallets from and to their respective physical locations only. We reserve the right to reject any application without cause.

3. Account

Each MEMBER will be given an ACCOUNT where he can BUY and/or SELL pallets from other MEMBERS. The ACCOUNT information shall become verified in due time by having MEMBERS provide proof of information such as EPAL licenses, company registration certificates, or any proof deemed sufficient by PALETTENRING.DE, for the ACCOUNT to be marked as verified.

4. Pallet Ownership

Each MEMBER promises to buy and sell their own pallets only. Each MEMBER promises to place covered sell offers only. MEMBERS are prohibited in offering to buy or to sell pallets of questionable origin.

5. Buyers’ and Sellers’ Obligations

Each MEMBER promises to buy or sell pallets in good faith. Buyers and Seller who order or offer pallets agree to deliver or make the pallet ready for pick-up as promised in the sell order. The Buyer is obliged to contact Seller within 3 business days after the end of each transaction. PALETTENRING.DE is not a party to this contract and will not get involved in despatching, payment or any delivery issues.

6. Honesty and Truthfulness

PALETTENRING.DE MEMBERS are required to submit precise offers based on pre-defined criteria. Offering sorted pallets for sale that in reality are unsorted according to the EPAL norm, will be considered a violation of this AGREEMENT. MEMBERS will be expected to provide honest and truthful FEEDBACK when evaluating each others’ transactions. In cases of future disputes arising out of differing viewpoints on FEEDBACK, each MEMBER should be aware that PALETTENRING.DE will not take side and set the FEEDBACK to NEUTRAL.

7. Honoring Agreements

MEMBERS will be expected to honor their agreements. If you promise to deliver on time the type of pallet you selected, then PALETTENRING.DE expects you to keep your word. MEMBERS who choose to disregard rules, deceit and cheat our MEMBERS and/or to circumvent PALETTENRING.DE will have their membership revoked. We will use any legal means at our disposal to enforce our rights.

8. Non-Circumvention

All MEMBERS generally agree to buy and sell pallets from each other through the PALETTENRING.DE. MEMBERS who attempt to circumvent us , solicit or trade pallets with other MEMBERS outside of PALETTENRING.DE are in violation of this USER AGREEMENT. We definitely do not want MEMBERS who misuse our customer network by performing offline deals. When we notice MEMBERS involved in circumventive type of activity, we will held them both liable for the future loss of business.

9. Contract Fulfillment

PALETTENRING.DE agrees to provide reasonable information technology to its MEMBERS to place buy and sell offers for pallets within normal business hours. The contract on PALETTENRING.DE’S behalf is fulfilled when the following occurs:

• Pallets got sold via our system;
• an Upgrade Ad got booked;
• a Big Ad was placed.

All FEES will be due within 10 business days of providing the service.

10. Trading Fees

PALETTENRING.DE charges a low and variable trading fee for each sold pallet to the SELLER based on a lifetime volume. BUYERS pay nothing in the spot market. MEMBERS who sold over a 1 million pallets, pay a pallet fee of just 1 cent for each pallet sold.

11. Advertising Fees

Upgrade Ads get charged based on selected durations for each pallet in the sell offer. For example, the fee for the Upgrade Ad that were booked for 1 month, but got sold on the first day, will be billed with 10 cents each for the entire sell order size, in accordance with the following table:

12. Billing

The MEMBER and PALETTENRING.DE hereby agree using an PDF based electronic invoice, that will be ready to download in the MY ACCOUNT section of PALETTENRING.DE.

13. Use of Information

The identity of the MEMBERS placing buy and sell offers will not be reavealed until the end of a successful transaction. Upon expiry of the offers, the MEMBERS will be kept anonymous too. MEMBERS automatically agree that PALETTENRING.DE can use the information provided for internal commercial purposes and for scientific objectives i.e. market studies, dissertations of its owners, employees and agents.

14. Waiver of Liability

No 100% guarantee can be given by PALETTENRING.DE to any of its MEMBERS, as unauthorized entry and breaches to websites, servers, databases have been known to occur in recent history of the internet. Internet attacks, including deployment of robotic technologies by rogue entities will be met with a proper legal response to the full extent of the law. In cases where PALETTENRING.DE online platform is not available and/or the order execution cannot be fully performed, each MEMBER promises not to hold PALETTENRING.DE or any of its companies, employees, agents to be liable for any damages, loss of business or anything the MEMBER might want to claim.

15. Pallet Community Watch Program

The pallet industry does not have the greatest of reputations right now and PALETTENRING.DE wishes to contribute in enhancing its reputation. We offer a program for members who provide information on leading directly to the members who are in breach of this USER AGREEMENT.

16. Conflict Resolution / Severability Clause

PALETTENRING.DE and the respective MEMBER agree to resolve any future conflicts between each other commercially. Should the conflict be escalated, PALETTENRING.DE’s place of business shall be the venue of any future legal dispute. This contract is still in force, also when any of the clauses be declared invalid or void.