Karlton Signals - Information and Tools for Investment Professionals

 

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Karlton  Limited

Standard Conditions of Contract

 

1.         PRELIMINARY

KARLTON  LIMITED ("Karlton") contracts subject to the terms and conditions set our below.  No additions to or modifications thereof shall form part of the contract unless accepted by Karlton in writing.  These terms and conditions shall override and take the place of any other terms and conditions in any document or other communication of/with the Customer used in concluding the contract with Karlton.  In these conditions the Equipment means any equipment, machinery, parts, spares, computer software and any other goods or services supplied by Karlton.

2.         TIME

(a)       Any period of times stated for delivery or for compliance with any other contractual obligations of Karlton are estimates only and in any event Karlton accepts no responsibility for loss or damage resulting from delay or failure to notify the Customer of any such delay.

(b)       Estimated times run from the date of Karlton's acceptance of the Customers written order together with any payment due with such order and receipt of all samples, information, drawings, licences and consents necessary to proceed with the order.

(c)       Changes in specification or additional work or revised instructions relating to any aspect of the contract will entitle Karlton to vary any estimates or price and/or time for completion of the contract.

3.         PRICES

Unless otherwise specified prices are for delivery ex Karlton's offices and are subject to Karlton's right to increase any prices to take account of delivery charges, insurance costs, special handling charges (if any) and/or packaging charges (if any), agreed changes in the Specifications or changes in any taxes, duties or levies charged on or in relation to the Equipment or goods, materials or services used on or in relation to this contract and/or any extra cost or expense incurred by Karlton as a result of site conditions, delays interruptions, lack of information, changes in exchange rates and/or without limitation any other factors beyond Karlton's control.  

4.         DESPATCH AND DELIVERY

(a)       Unless otherwise agreed in writing delivery of the Equipment will be ex works.

(b)       Where despatch is delayed through the Customer's unwillingness or inability to arrange carriage or to make any payment due prior to despatch Karlton may effect delivery of the Equipment by giving written notice that it is ready for despatch.

(c)       If the Equipment is stored by Karlton at the Customer's request or after notice has been given that the Equipment is ready for despatch the Customer shall reimburse Karlton for all costs and expenses of storage (including any necessary transit costs and insurance).

5.         SHIPMENT

(a)       The Customer shall be responsible for inspecting the Equipment or product on arrival and shall notify Karlton immediately if there is any damage, discrepancy or shortage  within 7 days after receipt of notice of despatch in the event of non-arrival.

(b)       The Customer specifically authorises Karlton to make any such contract of carriage and/or insurance on behalf of the Customer as Karlton considers necessary and Karlton will be under no obligation to notify the Customer thereof so as to enable the Customer to insure the Equipment during sea transit (if any).  The Customer shall be responsible for complying with all conditions and requirements of the carriers.

6.         PROPERTY RISK AND INSURANCE

(a)       Property in the Equipment or product shall remain with Karlton until Karlton has  received the full amount of the price or until prior sale by the Customer in which later event Karlton shall be entitled to the proceeds of resale or to claim for such proceeds, so long as property in the equipment remains with Karlton and the Customer is in default in any obligation under this agreement Karlton shall have the right with or without prior notice to the Customer to retake possession of the Equipment or product and for that purpose to go upon any premises occupied by the Customer and on such retaking of possession this Agreement shall be terminated but without prejudice to the rights of Karlton to enforce any other or additional remedy existing at the time of termination in respect of such default.

(b)       The risk in the Equipment or product shall pass to the Customer on despatch; thereafter the Customer shall be responsible for the satisfactory care and protection of the Equipment and shall take out at its own expense adequate and comprehensive all risks cover on the Equipment until Karlton has received payment of the price in full.

7.         PAYMENT

(a)       Unless otherwise agreed in advance in writing the price must be paid on or before delivery.

(b)       In no case shall any dispute concerning any items or separate part of the Equipment or work or any further contractual obligation of Karlton to the Customer affect the Customer's obligation in respect of payments for other parts.  If any part of installment of the price is not paid when due or work on the Equipment is held up for any reason attributable to the Customer, or the Customer incurs bankruptcy, insolvency, liquidation or the appointment of a Receiver, the full price of the Equipment less any sums already paid in respect of the Equipment and/or work done by Karlton shall immediately become due and payable by the Customer and Karlton may at its option cancel the contract or cancel or suspend despatch.

(c)       Without prejudice to any other right of Karlton all overdue payments shall carry interest at the rate of three per cent per month or part month on the amount or amounts for the time being outstanding.

(d)       In the event that the Customer does not take delivery of the whole quantity of the Equipment which is the subject of any contract to which these conditions apply on the date or within the time laid down by such contract then, without prejudice to any other remedy available to Karlton, any discount or other allowance in respect of quantities of goods ordered which is or would be otherwise allowed to the Customer shall be recalculated to the level of goods or services actually accepted by the Customer.

8.         WARRANTY

(a)       Any defect in or failure of the Equipment shall be notified in writing forthwith to Karlton.  Karlton will, on the basis indicated below, make good by repair (at Karlton's option) or exchange the Equipment or part thereof which are shown to Karlton's reasonable satisfaction to have proved defective in materials or workmanship under proper use and maintenance within the period of three months after delivery.  Karlton shall decide whether such making good shall be effected at the offices of the Customer or at Karlton's offices.  Defective Equipment or parts which are returned to Karlton's offices must be carriage paid by the Customer both to and from Karlton's offices.

(b)       Dispute in quality or dimensions of any one delivery shall not be a ground for cancellation of the outstanding part of the order, agreement or contract.

(c)       The warranty contained in this condition is in lieu of all conditions and warranties whatsoever (whether express or implied and whether arising at Common Law or by statue) all of which are hereby excluded to the extent permitted by law and provided always that nothing herein shall be deemed to exclude the warranty as to title implied by S.12 of the Sale of Goods Act 1983, or diminish the statutory rights of the Consumer.

9.         PERFORMANCE DATA

Any performance figures quoted or referred to in any specification or other document used in concluding a contract are estimates only, based on assumed conditions in a well managed office with experienced, adequate and efficient operators and appropriate services, and proper use of satisfactory materials.

10.              TELECOMMUNICATIONS EQUIPMENT

When the Equipment supplied by Karlton is to be used in conjunction with British Telecom lines or apparatus then the following additional conditions shall apply.

(I)        British Telecom shall have the right to require modifications to be carried out to Equipment which is already installed and in use.  Any modifications required will be carried out at the Customer's expense.

(II)      In no event shall Karlton be liable for any damage, loss or injury to British Telecom equipment or personnel in connection with or arising out of the Customer's act or neglect.

11.       FORCE MAJEURE AND FRUSTRATION

Karlton shall:-

(I)        in any event not be liable for loss or damage, and

(II)      be entitled to cancel or rescind the contract;

If the performance of its obligations under the Contract is in any way adversely affected by any cause whatsoever beyond Karlton's control including but not limited to the delays or defaults of suppliers or the default of any subcontractor, war, strike, lockout, trade dispute, flood accident to plant or machinery, shortage of materials or labour.

12.       CANCELLATION

No contract or order may be cancelled without Karlton's written consent.  In the event that cancellation is agreed for whatever reason, the Customer shall indemnify Karlton against all cost, claims, loss and expenses occasioned thereby including any consequential loss and loss of profit.

13.       COMPUTER SOFTWARE

(a)       All computer programs supplied by Karlton are copyrighted by Karlton, and/or by the suppliers, developers or publishers of such programs.  Where goods incorporate software, Karlton only transfers to the Customer a license to use the software limited as indicated in these Conditions of Contract and in accompanying documentation.  The customer may not copy or otherwise reproduce any part of such programs, or program documentation.  The customer shall not remove any trade marks or copyright notices.  Any lost or stolen software protection hardware device (e.g. dongle) will not be replaced under any circumstances.

(b)       The customer shall safeguard all Software supplied against unauthorised disclosure, and will use the Software only on one computer system as designated on the Customer's registration form, and in accordance with the Software Licence Agreement.  The Customer warrants compliance with the licence conditions of the software developer/publisher and conditions of supply.

(c)       Whenever a choice of versions of computer programs or software packages is available, Karlton will have exclusive discretion as to the selection of country of origin, contractor, supplier, distributor, packaging and version of the English Language used (UK, American, Canadian, etc.).  Unless agreed otherwise in writing Karlton will supply either a Version Upgrade, or a Competitive Upgrade/Tradeup, if available, of the Software Package requested.

(d)       Karlton may voluntarily provide, without obligation, the facility of a free Technical Support Telephone Hotline for some software products, for a period of 30 days from the date of invoice.  Neither Karlton nor the program developers/publishers, if different, will be under any obligation to provide any technical support facilities or special consideration for upgrades.  The full range of products and services offered by the regional/country local offices of the software developers/publishers/distributors, including Technical Support and Software Upgrade facilities may not be available to the customer.

(e)       The Customer will not open any packet containing computer programs until these Standard Conditions of Contract have been read.  By opening such a packet the Customer signifies that he/she has read these Terms and Conditions and accepted their terms.

(f)      Karlton Signals:  All Signals published or produced  by Karlton software,  are computer generated and are based exclusively on Technical Analysis.  Such Signals are  provided for information purposes only, and should not be used or construed as an invitation or solicitation to buy or sell. No representation is made as to their accuracy or completeness, and should not be relied upon as such.

14.       GENERAL

(a)       To the extent permitted by law, Karlton's liability under any contract is limited to making good defects or failures to the extent provided in condition 8 hereof and subject thereto Karlton shall not in any circumstances be liable for any loss, damage or expense (including indirect and consequential loss or damage) of any nature howsoever arising, and including but not limited to any loss resulting directly or indirectly from the negligent act or default of Karlton, its servants, agents or suppliers or from anything supplied or specified by the Customer or from the failure to or delay in supply of any such thing.  The Customer shall reimburse Karlton for all costs, losses and damages arising directly or indirectly from the use of or late/non-delivery of anything supplied or specified by the Customer.

(b)       The Customer shall  not rely upon any representations as to the Equipment or its fitness for any particular purpose, unless made by Karlton  in writing.

(c)       Any indulgence granted by Karlton to the Customer or any waiver by Karlton of its rights under these Terms and Conditions in respect of any particular transaction or series of transactions shall not be deemed an agreement to confer the same indulgence or waiver of Karlton's rights in respect of any further transaction(s).

15.       LAW

This Contract shall be subject to and construed in accordance with the laws of England in all respects as an English contract subject to the Exclusive jurisdiction of the English Courts.  

Important Notice

Please read the following Important Information before proceeding as it explains certain restrictions imposed by law on the distribution of the information con  ccntained within the Karlton web site. Users may then use the confirmation at the bottom of this page to continue.
Warning: Karlton Signals are computer generated and are based exclusively on Technical Analysis using 32 Technical Indicators.  The data in Karlton web site is provided for information purposes only and should not be used or construed as an invitation or solicitation to buy or sell.  No representation is made as to its accuracy or completeness and should not be relied upon as such.
Users: The Karlton web site contains information covering many different securities,  currencies, shares and financial instruments (herein called Securities), managed and registered in many different locations around the world. As such, access to the information contained herein may be restricted by laws and regulations applicable to the user. This information is not intended to be published or made available to any person in any jurisdiction where doing so would result in contravention of any applicable laws or regulations. The user should ensure that the use of this information and the making of any investment as a result does not contravene any such restrictions. It is the user's responsibility to be informed and to observe, all applicable laws and regulations of any relevant jurisdiction.
Any user distributing information taken from this site, in whatever form, to any other person, agrees to attach a copy of this page and obtain the agreement of such other person to comply with the terms set forth on this page.
All users should consult an appropriate professional advisor as to whether they require any governmental or other consents or need to observe any formalities to enable them to trade in any particular Securities. If you are unsure about the meaning of any of the information contained within the Karlton web site, please consult your financial or other professional advisor.
Karlton Information Service: Neither Karlton nor any of its information providers, licensors, directors, employees, or agents warrant that their supply of information to users ("the Service") will be uninterrupted or error free; nor does Karlton or any of its information providers, licensors, directors, employees or agents make any warranty as to the results to be obtained from use of the Service.
The Information Service is distributed without warranties of any kind either express or implied, including but not limited to warranties of title or implied warranties of satisfactory quality or fitness for a particular purpose or otherwise, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under applicable law.
Neither Karlton nor anyone else involved in creating, producing or delivering the Service shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the Service or inability to use the Service or out of any breach of any warranty. Karlton will not in any way be responsible for any selection or retention of, or the acts or omissions of, the user in connection with the Service.
At any time Karlton Limited and other associated companies, Directors in the  group (or employees thereof) may have a long or short position, or deal as principal or agent, in any relevant Securities or provide advisory or other services to an issuer of relevant Securities or to a company connected with the issuer in respect of Securities for which information is provided as part of the Service.
Risk Statement: You should be aware of the risks associated with Securities. Please remember that past performance is not necessarily a guide to the future.  Market and currency movements may cause the value of Securities and the income from them to fall as well as rise and you may get back less than you paid when you decide to sell such Securities. Smaller markets can be more volatile than developed stockmarkets and can carry more risk. Independent financial advice should be taken before entering into any financial transaction.

ALL TRADING INVOLVES HIGH RISK AND YOU CAN LOSE A SUBSTANTIAL AMOUNT OF MONEY, NO MATTER WHAT METHOD YOU USE. ALL TRADING INVOLVES HIGH RISK; PAST PERFORMANCE IS NOT NECESSARILY INDICATIVE OF FUTURE RESULTS.

COMMISSION RULE 4.41(B)(1)(I) HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT ACTUALLY BEEN EXECUTED, THE RESULTS MAY HAVE UNDER- OR OVER-COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN.

ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.

 

Currencies / Forex

Risk Disclaimer  (Risk Warning)

The risk disclaimer is meant to inform the user of the potential financial risks of engaging in foreign exchange trading. The transaction of such financial instruments known as forex, fx, or currency, and dealt on a valued basis known as 'spot' or 'forward', 'day trading' and 'option', can contain a substantial degree of risk. Before deciding to undertake such transactions with Karlton LTD (hereinafter Karlton), and indeed, any other firm offering similar services, a user should carefully evaluate whether his/her financial situation is appropriate for such transactions. Trading foreign exchange may result in a substantial or complete loss of funds and therefore should only be undertaken with risk capital. The definition of risk capital is funds that are not necessary to the survival or well being of the user. Karlton strongly recommends that a user, who is considering trading foreign exchange products, read through all the main topics contained in the Karlton website so that he/she may obtain a clear and accurate understanding of the risks inherent to fx trading. Opinions and analysis on potential expected market movements contained within the Karltonwebsite are not to be considered necessarily precise or timely, and due to the public nature of the Internet, Karlton cannot at any time guarantee the accuracy of such information. Trading online, no matter how convenient or efficient it may be, does not necessarily reduce the risks associated with foreign exchange trading, and Karlton does not accept any responsibility towards any customer, member or third party, acting on such information contained on the website as to the accuracy or delay of information such as quotations, news, and charts derived from quotations.

Risk Disclosure: Hypothetical or simulated performance results have certain limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not actually been executed, the results may have under or over-compensated for the impact, if any, of certain market factors such as lack of liquidity. Hypothetical trading programs in general are benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. Substantial risk is involved.

Forex trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the forex markets. Don't trade with money you can't afford to lose. Nothing in our course or website shall be deemed a solicitation or an offer to Buy/sell futures and/or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on our site. Also, the past performance of any trading methodology is not necessarily indicative of futures results. Day trading involves high risks and you can lose a lot of money.

 

 

                          ©2008 Karlton  Limited             Registered in England No 05475094

 

Copyright 2010 Karlton Limited -  E&OE - All Products, Services and Information are provided subject to Karlton's Standard Conditions of Contract, Risk Warnings and Risk Disclaimers.