Common use of Representations and Warranties of Client Clause in Contracts

Representations and Warranties of Client. The Client represents and warrants to the Trading Member that: 11.1 All the information provided and statements made in the Client’s ITORS Account Application are true and correct and are not misleading (whether by reason of omission to state a material fact or otherwise) and the Client is aware that the Trading Member has agreed to provide the Trading Member’s ITORS Service to the Client on the basis, inter alia, of the statements made in the Client’s ITORS Account Application. 11.2 The Client is aware and acknowledges that trading over the internet involves many uncertain factors and complex hardware, software, systems, communication lines, peripherals, etc. which are susceptible to interruptions and dislocations; and the Trading Member’s ITORS Service may at any time be unavailable without further notice. The Trading Member and the Exchange do not make any representation or warranty that the Trading Member’s ITORS Service will be available to the Client at all times without any interruption. The Client agrees that he shall not have any claim against the Exchange or the Trading Member on account of any suspension, interruption, non-availability or malfunctioning of the Trading Member’s ITORS System or Service or the Exchange’s service or systems for any reason whatsoever. 11.3 The Client has the required legal capacity to, and is authorized to, enter into this Agreement and is capable of performing his obligations and undertakings hereunder. 11.4 All actions required to be taken to ensure compliance of all the transactions, which the Client may enter into pursuant to this Agreement with all applicable laws, shall be completed by the Client prior to such transaction being entered into. 11.5 The Client shall abide by the Exchange Provisions and the terms of the Trading 11.6 Any instructions given by an authorized representative of the Client to the Trading

Appears in 1 contract

Sources: Trading Agreement

Representations and Warranties of Client. The Client represents and warrants to the Trading Member that: 11.1 All the information provided and statements made in the Client’s ITORS Account Application are true and correct and are not misleading (whether by reason of omission to state a material fact or otherwise) and the Client is aware that the Trading Member has agreed to provide the Trading Member’s ITORS Service to the Client on the basis, inter alia, of the statements made in the Client’s ITORS Account Application. 11.2 The Client is aware and acknowledges that trading over the internet involves many uncertain factors and complex hardware, software, systems, communication lines, peripherals, etc. which are susceptible to interruptions and dislocations; and the Trading Member’s ITORS Service may at any time be unavailable without further notice. The Trading Member and the Exchange do not make any representation or warranty that the Trading Member’s ITORS Service will be available to the Client at all times without any interruption. The Client agrees that he shall not have any claim against the Exchange or the Trading Member on account of any suspension, interruption, non-availability or malfunctioning of the Trading Member’s ITORS System or Service or the Exchange’s service or systems for any reason whatsoever. 11.3 The Client has the required legal capacity to, and is authorized authorised to, enter into this Agreement and is capable of performing his obligations and undertakings hereunder. 11.4 All actions required to be taken to ensure compliance of all the transactions, which the Client may enter into pursuant to this Agreement with all applicable laws, shall be completed by the Client prior to such transaction being entered into. 11.5 The Client shall abide by the Exchange Provisions and the terms of the TradingTrading Member’s ITORS WebSite in force from time to time. 11.6 Any instructions given by an authorized authorised representative of the Client to the TradingTrading Member (or to the Trading Member’s representative) shall be binding on the Client.

Appears in 1 contract

Sources: Supplemental Trading Member Client Agreement

Representations and Warranties of Client. The Client represents and warrants to the Trading Member stock broker that: 11.1 All the information provided and statements made in the Client’s Client‟s ITORS Account Application are true and correct and are not misleading (whether by reason of omission to state a material fact or otherwise) and the Client is aware that the Trading Member stock broker has agreed to provide the Trading Member’s stock broker‟s ITORS Service to the Client on the basis, inter alia, of the statements made in the Client’s Client‟s ITORS Account Application. 11.2 The Client is aware and acknowledges that trading over the internet involves many uncertain factors and complex hardware, software, systems, communication lines, peripherals, etc. which are susceptible to interruptions and dislocations; and the Trading Member’s stock broker‟s ITORS Service may at any time be unavailable without further notice. The Trading Member stock broker and the Exchange do not make any representation or warranty that the Trading Member’s stock broker‟s ITORS Service will be available to the Client at all times without any interruption. The Client agrees that he shall not have any claim against the Exchange or the Trading Member stock broker on account of any suspension, interruption, non-availability or malfunctioning of the Trading Member’s stock broker‟s ITORS System or Service or the Exchange’s Exchange‟s service or systems for any reason whatsoever. 11.3 The Client has the required legal capacity to, to and is authorized authorised to, enter into this Agreement and is capable of performing his obligations and undertakings hereunder. 11.4 All actions required to be taken to ensure compliance of with all the transactions, which the Client may enter into pursuant to this Agreement with all applicable laws, shall be completed by the Client prior to such transaction being entered into. 11.5 The Client shall abide by the Exchange Provisions and the terms of the Tradingstock broker‟s ITORS Website in force from time to time. 11.6 Any instructions given by an authorized authorised representative of the Client to the Tradingstock broker (or to the stock broker‟s representative) shall be binding on the Client.

Appears in 1 contract

Sources: Stock Broker – Client Agreement

Representations and Warranties of Client. The Client represents and warrants to the Trading Member that: 11.1 All the information provided and statements made in the Client’s ITORS Account Application are true and correct and are not misleading (whether by reason of omission to state a material fact or otherwiseothewr ise) and the Client is aware that the Trading Member has agreed to provide the Trading Member’s ITORS Service to the Client on the basis, inter alia, of the statements made in the Client’s ITORS Account Application. 11.2 The Client is aware and acknowledges that trading over the internet involves many uncertain factors and complex hardware, software, systems, communication lines, peripherals, etc. which are susceptible to interruptions and dislocations; and the Trading Member’s ITORS Service may at any time be unavailable without further notice. The Trading Member and the Exchange do not make any representation or warranty that the Trading Member’s ITORS Service will be available to the Client at all times without any interruption. The Client agrees that he shall not have any claim against the Exchange or the Trading Member on account of any suspension, interruption, non-availability or malfunctioning of the Trading Member’s ITORS System or Service or the Exchange’s service or systems for any reason whatsoever. 11.3 The Client has the required legal capacity to, and is authorized authorised to, enter into this Agreement and is capable of performing his obligations and undertakings hereunder. 11.4 All actions required to be taken to ensure compliance of all the transactions, which the Client may enter into pursuant to this Agreement with all applicable laws, shall be completed by the Client prior to such transaction being entered into. 11.5 The Client shall abide by the Exchange Provisions and the terms of the TradingTrading Member’s ITORS WebSite in force from time to time. 11.6 Any instructions given by an authorized authorised representative of the Client to the TradingTrading Member (or to the Trading Member’s representative) shall be binding on the Client.

Appears in 1 contract

Sources: Supplemental Trading Member Client Agreement

Representations and Warranties of Client. The Client represents and warrants to the Trading Member that: 11.1 All the information provided and statements made in the Client’s ITORS IBT Account Application are true and correct and are not misleading (whether by reason of omission to state a material fact or otherwise) and the Client is aware that the Trading Member has agreed to provide the Trading Member’s ITORS IBT Service to the Client on the basis, inter alia, of the statements made in the Client’s ITORS Account IBTAccount Application. 11.2 The Client is aware and acknowledges that trading over the internet involves many uncertain factors and complex hardware, software, systems, communication lines, peripherals, etc. which are susceptible to interruptions and dislocations; and the Trading Member’s ITORS IBT Service may at any time be unavailable without further notice. The Trading Member and the Exchange do not make any representation or warranty that the Trading Member’s ITORS IBT Service will be available to the Client at all times without any interruption. The Client agrees that he shall not have any claim against the Exchange or the Trading Member on account of any suspension, interruption, non-availability or malfunctioning of the Trading Member’s ITORS IBT System or Service or the Exchange’s service or systems for any reason whatsoever. 11.3 The Client has the required legal capacity to, and is authorized authorised to, enter into this Agreement and is capable of performing his obligations and undertakings hereunder. 11.4 All actions required to be taken to ensure compliance of all the transactions, which the Client may enter into pursuant to this Agreement with all applicable laws, shall be completed by the Client prior to such transaction being entered into. 11.5 The Client shall abide by the Exchange Provisions and the terms of the TradingTrading Member’s IBT WebSite in force from time to time. 11.6 Any instructions given by an authorized authorised representative of the Client to the TradingTrading Member (or to the Trading Member’s representative) shall be binding on the Client.

Appears in 1 contract

Sources: Supplemental Ibt Trading Member Client Agreement

Representations and Warranties of Client. The Client represents and warrants to the Trading Member commodity broker that: 11.1 9.1 All the information provided and statements made in the Client’s ITORS Account Application are true and correct and are not misleading (whether by reason of omission to state a material fact or otherwise) and the Client is aware that the Trading Member commodity broker has agreed to provide the Trading Membercommodity broker’s ITORS Service to the Client on the basis, inter alia, of the statements made in the Client’s ITORS Account Application. 11.2 9.2 The Client is aware and acknowledges that trading over the internet involves many uncertain factors and complex hardware, software, systems, communication lines, peripherals, etc. which are susceptible to interruptions and dislocations; and the Trading Membercommodity broker’s ITORS Service may at any time be unavailable without further notice. The Trading Member commodity broker and the Exchange do not make any representation or warranty that the Trading Membercommodity broker’s ITORS Service will be available to the Client at all times without any interruption. The Client agrees that he shall not have any claim against the Exchange or the Trading Member commodity broker on account of any suspension, interruption, non-availability or malfunctioning of the Trading Membercommodity broker’s ITORS System or Service or the Exchange’s service or systems for any reason whatsoever. 11.3 9.3 The Client has the required legal capacity to, and is authorized to, enter into this Agreement and is capable of performing his obligations and undertakings hereunder. 11.4 9.4 All actions required to be taken to ensure compliance of all the transactions, which the Client may enter into pursuant to this Agreement with all applicable laws, shall be completed by the Client prior to such transaction being entered into. 11.5 9.5 The Client shall abide by the Exchange Provisions and the terms of the Tradingcommodity broker’s ITORS Website in force from time to time. 11.6 9.6 Any instructions given by an authorized representative of the Client to the Tradingcommodity broker (or to the commodity broker’s representative) shall be binding on the Client.

Appears in 1 contract

Sources: Member Client Agreement