Terms and conditions

Section 1: General terms and conditions

These general terms and conditions apply to the placing of any order on the LME website. If you are placing an order for education/training courses and events or for historical data, special terms and conditions will apply in addition to these general terms and conditions: please see sections 2 and 3 below.

1.       The owner of this web site (the Site) is The London Metal Exchange Limited, a company incorporated in England and Wales with registration number 2128666 whose address is 56 Leadenhall Street, London, EC3A 2DX, (‘LME’/‘we’/‘us’/‘our’).

2.       Your contract for purchases made through the Site is with The London Metal Exchange Limited.

3.       You agree that e-mail can be used as a long-distance means of communication.

4.       No contract for the sale of any item will subsist between you and LME unless and until LME accepts your order by way of an e-mail confirming that it has received your order. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time LME sends the e-mail to you (whether or not you receive that e-mail). This confirmation e-mail amounts to an acceptance by LME of your offer to buy goods from LME or a third party supplier that is engaged on your behalf by LME.

5.       This confirmatory e-mail will contain all relevant statutory information concerning your contract.

6.       The confirmatory e-mail will also contain a link to these terms and conditions, and may be amended in accordance with paragraph 41 below from time to time.

7.       You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.

8.       LME will not pass on your personal details to any third party. We shall be entitled to process your data in accordance with the terms of our Privacy Policy.

9.       You undertake that all details you provide to LME for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.

10.   You must choose a username and password on completion of customer registration for the online store. You are responsible for all actions taken under that username and password and shall only use the Site under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password.

11.   If there are any changes to the details supplied by you it is your responsibility to inform LME as soon as possible.

12.   Subject to paragraph 13 below, all purchases are non-exchangeable, non-refundable and non-transferable.

13.   You may cancel your order at any time prior to your order being processed by contacting the LME by sending an email to store@lme.com or by telephoning +44 (0) 207 264 5555 during normal office hours (0900 – 1800 London time). You may also withdraw from the contract at any time after the product has been dispatched and you have received our email confirming your order but no later than 7 working days after the day after you receive the product by:

a.       sending the notice of cancellation by email to store@lme.com ensuring that you quote your name, address and order reference number; or
b.       where you have already received the goods, returning the goods to LME unopened together with the original invoice. LME will refund you the purchase price of the goods.

14.   Once LME receive notification from you that you wish to withdraw from the contract (in accordance with these terms), any sum debited to LME from your credit card in relation to your order will be re-credited to that credit card account as soon as possible and in any event within 30 days of your order provided that the goods you wish to return are received by LME in the condition that they were in when delivered to you. You will be liable for any charges incurred in returning the goods to LME.

Please note that separate provisions apply in relation to cancellation of orders for education/training courses and events or for historical data: please see sections 2 and 3 below.

Liability

15.   This section applies only to the extent permitted by law. For the avoidance of doubt, LME does not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from LME’s negligence or wilful default, or that of LME's employees, agents or subcontractors or (b) fraudulent misrepresentation.

16.   LME does not accept liability (except as set out below) for any errors and omissions and reserves the right to change information, prices, specifications and descriptions of listed goods, products and services.

17.   If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms.

18.   LME will do its best to correct errors and omissions as quickly as practicable after being notified of them.

19.   TO THE FULLEST EXTENT PERMITTED BY LAW, LME IS PROVIDING THIS SITE AND ITS CONTENTS ON AN ‘AS IS’ BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, LME DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.

20.   In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, LME shall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify LME of the problem in writing at the address stated in the confirmation e-mail within 10 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.

21.   You and LME will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract.

22.   LME does not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from LME.

Processing of Orders

23.   Where the method of payment selected is credit or debit card, the card will be debited on the day of purchase by LME via our online payment provider Protx (http://www.protx.com/).

24.   Where the method of payment selected is bank transfer or cheque payment then goods will not be dispatched until payment has been received and cleared.

25.   For cheque or bank transfer payment, payment must be received on receipt of invoice. 

26.   All quoted prices exclude sales taxes (where applicable) unless otherwise stated. VAT and postage charges will be added to the sales total at the checkout stage.

27.   LME aims to arrange shipment of all ‘in stock’ items within 48 hours of receiving your order. Your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable and the current stock status is approximate. LME are not able to supply dates our suppliers may get an item in stock.

28.   You can keep track of your order status yourself on-line with the order history facility on your account page.

Please note that separate provisions apply in relation to processing of orders for education/training courses and events or for historical data: please see sections 2 and 3 below.

Delivery/title/risk

29.   The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the invoice dispatched on successful completion of the order process . Please note that your goods may be sent to you in instalments. You may cancel your entire order with us if subsequent instalments forming part of your order are not delivered by us.

30.   Title to any product ordered will pass to you once LME has received payment in full for that product. Risk in any product ordered will pass upon delivery to you.

31.   If your delivery address is outside of the UK, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; LME advises each customer to contact their local customs office for further information.

32.   Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.

Misc.

33.   We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions, terrorist activity and/or any other similar events.

34.   We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.

35.   No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.

36.   You may not permit, create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control.

37.   In these Terms, ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.

38.   Subject to the licence granted to you to use the Site, LME reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of LME and its affiliates’ trade marks, trade and business names and service marks under this Agreement will vest in LME and its affiliates, as appropriate.

39.   It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. LME has methods in place to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website

40.   We reserve the right to terminate this Agreement and to suspend or terminate your access to the Site immediately and without notice to you if:

a.       you fail to make any payment to us when due;
b.       you breach the terms of this Agreement (repeatedly or otherwise);
c.       when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
d.       we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Site.

41.   LME may amend these Terms from time to time, and place the new version on the Site. When LME do so, it will mention the fact on our home page (www.lme.com). For users purchasing goods or registering on the Site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms. Otherwise, such changes will be effective against existing users thirty days following posting of the amended version on the Site. Your continued use of the Site following LME’s posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Site.

42.   These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between LME and you relating to your purchase. LME advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by LME. We will store a copy of the contract entered into by you with LME. You are advised to read (and are responsible for reading) fully all information on this website.

43.   If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.

44.   These Terms shall be governed by and construed in accordance with English law and the parties shall submit to the exclusive jurisdiction of the English courts. 

Section 2: Special Terms and Conditions in relation to Education and Events

Please read these Terms and Conditions carefully; they impose legal obligations on you. By placing an order, you are acknowledging that you have read and understood these Terms and Conditions and agree to be legally bound by them.

1. DEFINITIONS

"Agreement" means these terms and conditions.

“Booking Form” means the booking form issued to the Client by the LME or the booking mechanism used by the Client on the LME website online store.

“Charges” means the charges for the Training Services set out in the Booking Form.

“The Client” means the client identified in the Booking Form.

"Clause" means a clause in this Agreement.

“Date(s)” means the date(s) upon which the Training Services are to take place as set out in the Booking Form.

“Delegates” means the numbers of the Client’s staff who are to receive the Training Services as set out in the Booking Form.

“Intellectual Property” means all intellectual property, including patents, utility models, trade and service marks, trade or business names, domain names, right in designs, copyrights, moral rights, topography rights, and rights in databases, in all cases whether or not registered or registrable in any country for the full term of such rights including any extension to or renewal of the terms of such rights and including registrations and applications for registration of any of these and rights to apply for the same and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world.

“LME” means The London Metal Exchange Limited.

“LME Course” means any educational course run by the LME.

“Notice” means notice provided in writing by the Client to the LME in accordance with the procedures set out in Clause 10.

“The Trainer” means the person delivering the Training Services.

 “The Training Location” means the place at which the Training Services are to be provided by the LME as set out in the Booking Form.

“Training Services” means the training services set out in the Booking Form.

2. BOOKINGS

2.1  To make a booking, a Client must complete a booking form or place an order through the LME website Online Store (https://secure.lme.com/shop). Booking Forms may be obtained online via the LME website or by contacting the LME directly by email or telephone. No binding contract shall be formed between the Client and the LME unless and until the Charges have been paid and the LME accepts the Client’s booking by sending the Client notice in writing. If a Client makes a booking but does not pay the Charges at the time of booking, their place on the LME Course will only be held for two weeks from the date of booking, after which their place may be given to other delegates if the Charges have not been received. Notwithstanding the previous sentence, if the LME does not receive the Charges at least 15 days before the date of the first day of the LME Course, the LME may cancel the booking and give the Client’s place(s) to other delegates. The LME reserves the right to modify the booking procedure from time to time.

2.2 All Charges, and any other fees if applicable, shall be due upon booking and shall be paid as specified in the Booking Form. All Charges and other fees shall be quoted by the LME in UK sterling. The rate of exchange in respect of funds transferred from overseas shall be that obtained by the LME at the date payment is received.

2.3 The Client shall pay the Charges without deduction or set-off.

2.4 Course fees cover, amongst other things, the cost of training materials and books supplied by the LME, use of appropriate facilities, lecturer's time, refreshments and any room or equipment rental the LME undertake. Where relevant, examination fees and other related expenses will be charged to Delegates if agreed in advance.

2.5 Sums due under this Agreement are exclusive of VAT which shall be payable by the Client.

3. TRAINING SERVICES AND LOCATION

3.1 Subject to Clause 3.2 and 4.5 below, the LME shall provide the Training Services on the Date(s) and at the Training Location.

3.2 The LME may by Notice alter the Training Location at any time until 72 hours before the Training Services are due to commence, provided that the new location is within 5 miles of the original location.

3.3 Public courses may be undertaken using portable equipment such as laptop computers and may be in rented accommodation such as a hotel conference rooms or similar. Customers agree that they understand and accept this and shall advise the LME if this is likely to be inappropriate for the Delegate(s) concerned.

4. CANCELLATION / TRANSFER TO ANOTHER COURSE

4.1 If a Client wishes to cancel the Training Services or transfer one or more Delegates to another LME Course, the Client must do so by Notice in writing to the LME.

4.2 Once a booking is confirmed in accordance with Clause 2, the Client shall be entitled to cancel all or part of the Training Services provided that the LME receives Notice of the cancellation from the Client at least 15 working days before the first date the Training Services are due to take place.

4.3 Provided the Client complies with the requirements of Clause 4.2(a) and (b), the Client shall be entitled to a refund in relation to that part of the Training Services cancelled. For the avoidance of doubt, if the LME receives Notice of cancellation from the Client in relation to all or part of the Training Services less than 15 working days before the first date the Training Services are due to take place, the Client shall not be entitled to any refund. In no circumstances shall the LME be liable to refund any amount in excess of the Charges agreed for the Training Services.

4.4 The Client shall be entitled to provide one or more substitute Delegates or transfer one or more Delegates to another LME Course at no additional cost, provided it gives the LME at least 15 working days’ Notice. If it gives less than 15 working day’s Notice, the LME shall be entitled to charge the Client an administration charge.

4.5 In the unlikely event that the LME has to cancel the Training Services, the Client shall be entitled to a full refund, unless the LME is required to cancel due to any event beyond its reasonable control, for example a strike, act of God, fire, failure of utility service, malicious damage, act of local, national or supranational authority, government or state, war or riot, storm, flood or other adverse weather conditions, terrorist act etc.. In the event that the LME is required to postpone the Training Services and can provide an alternative date suitable for the Client, the Client shall not be entitled to any refund. The LME shall inform the Client of any cancellation or postponement by notice in writing as soon as possible.

5. DELEGATES

5.1 Delegates shall act in a reasonable and appropriate manner throughout the LME Course. The LME may remove a Delegate from an LME Course, where, in the opinion of the Trainer (which shall be final) the Delegate is behaving in an unreasonable and/or inappropriate manner.

5.2 Clients are responsible for ensuring that Delegates have the appropriate qualifications and/or experience, where relevant, for the LME Course that they are attending. The LME will not be liable in any way should Delegates not meet the course prerequisites.

6. LIABILITY

6.1 Save in respect of liability for death or personal injury, the liability of the LME under this Agreement shall be limited to the agreed Charges. In particular, the LME shall not be liable for any consequential or other losses or damages sustained by the Client or any other person, including but not limited to loss of profit, revenue, travel or subsistence expenses, loss of business or production, cost of capital or any other economic or financial losses or costs.

6.2 The Client acknowledges that LME Courses are generally held on property not owned or controlled by the LME (such as a hotel or conference centre), and that the LME owes no duty of care towards the Client and/or Delegates whilst on such property. The LME and its agents and employees shall not be liable for any loss, theft, damage or injury to persons or property in the provision of Training Services due to any cause whatsoever.

6.3 The Client shall indemnify the LME against any and all loss, actions, costs, damage, demands, injury, expenses and liabilities which the LME incurs either at common law or by statute in respect of the personal injury to or the death of any person or in respect of any loss or destruction or damage to property (other than as a direct result of any default or neglect of the LME or any person for whom the LME is directly responsible) which arises out of the participation in the Training Course of the Delegates or any other person for whom the Client is responsible. 

7. ADVERTISING / CONFIDENTIALITY

7.1 The LME may make reference to the fact that it has provided or is due to provide Training Services to a Client in general advertising literature or proposals to other clients or prospective clients. The LME will not make reference to the amount paid under the Agreement or to any special terms contained therein. If the Client wishes the Agreement to remain confidential, it should inform the LME by Notice in writing.

8. INTELLECTUAL PROPERTY

8.1 The Intellectual Property rights in all LME Course materials shall remain the sole and exclusive property of the LME. Save for reasonably limited internal purposes, the Client undertakes not to copy or permit the photocopying of LME Course materials. The Client undertakes not to disclose or permit the disclosure or sell or hire the LME Course materials to third parties, nor use the same for running the Client’s own courses or other presentations.

8.2 The Client shall indemnify the LME against any and all loss, actions, costs, damage, demands, injury, expenses and liabilities which the LME may incur as a result of a breach of Clause 8.1.

9. WARRANTY

9.1 The LME warrants that in carrying out the Training Services it has and will exercise all reasonable skill and care to be expected of a professional experienced in such work.

9.2 Information given by the LME about LME Courses is accurate to the best of its knowledge but does not constitute any warranty or representation by the LME, and therefore any mistake or omission does not entitle the Client to cancel the Agreement.

10. NOTICES

10.1 Notices given to the LME under this Agreement should be marked for the attention of the Education Department and may be made by one of the following methods:

by email to lme.education@lme.com;

by fax to +44 -0- 20 7264 5541; or

by post to The London Metal Exchange Limited, 56 Leadenhall Street, London, EC3A 2DX.

11. GOVERNING LAW

11.1 This Agreement shall be governed by the laws of England and Wales and both parties submit to the exclusive jurisdiction of the Courts of England and Wales.

Section 3: Special Terms and Conditions in relation to LME Historical Data

Please read these Terms and Conditions carefully; they impose legal obligations on you. By using the Historical Information, you are acknowledging that you have read and understood these Terms and Conditions and agree to be legally bound by them.

1. DEFINITIONS

The following terms shall have the following meaning:

Fee: means the fee payable to the LME by the Customer, as posted on the LME website, for the purchase of Historical Information.

Historical Information: LME market information that is not real time or same day information. This data includes but is not limited to daily stocks, official prices, monthly volumes, monthly average prices and market open interest (other than real time) from previous trading on the LME.

Customer: means a person (whether individual, partnership or incorporated body) that purchases Historical Information in accordance with these Terms and Conditions.

2. PROVISION OF HISTORICAL INFORMATION

2.1 In consideration of payment of the relevant Fee the LME will send the Customer the Historical Information requested.

2.2 Historical data orders will be fulfilled on receipt of full payment. Orders will be dispatched by email where file size permits. Where email delivery is not possible, then LME will contact the Customer to arrange delivery of their order by other means.

2.3 The LME does not guarantee that the Historical Information will be error free.

3. USE OF HISTORICAL INFORMATION

3.1 The LME grants to the Customer the right to use (including the right to extract, store, verify, arrange, manipulate, package, reproduce, make available, distribute, process) the Historical Information for personal use and limited internal purposes (including, but not limited to, development, help desk support, marketing, sales, demonstrations and editorial purposes) provided that, in the opinion of the LME, the Historical Information is not used for or does not amount to a separate profit making commercial initiative without the written consent of the LME.

3.2 The Customer must ensure that it does not misrepresent the Historical Information or display or distribute the Historical Information in any way that may, as determined by the LME at the LME’s sole discretion, create a false or misleading impression as to the origin or value of any item of the Historical Information or the operation of financial markets to which the Historical Information relates.

3.3 Any use of the Historical Information by the Customer, not specified in these Terms and Conditions is not authorised. The LME, upon written request by a Customer, may at its sole discretion approve alternative use of the Historical Information by a Customer and the Customer acknowledges that any such approval requires prior separate written agreement from the LME.

4. NO WARRANTIES

The LME does not give any warranties about the Historical Information. The Customer expressly acknowledges that the LME does not make any representations or warranties, express or implied, with respect to the merchantability, quality or fitness for purpose of the Historical Information and that the interpretation of Historical Information requires special skill and knowledge of financial markets.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 The LME owns the intellectual property rights in the Historical Information. The Customer acknowledges the LME’s ownership of the Historical Information and agrees that receipt of the Historical Information by the Customer has no effect on the intellectual property rights of the LME.

5.2 The Customer must, at the LME’s request and expense, take all reasonable steps necessary for the protection and enforcement of the intellectual property rights of the LME in the Historical Information.

6. REFUNDS

The LME does not allow refunds or exchanges on any of its products or data services. All sales of Historical Information are final.

7. LIMITATION OF LIABILITY AND INDEMNITY

7.1 The LME will use all reasonable endeavours to ensure the accuracy and reliability of the Historical Information and to correct any errors or omissions as soon as reasonably practical to the extent it is within the LME’s reasonable control and ability to do so. The LME will not be liable for any delay, inaccuracy, error or omission of any kind in the Historical Information or for any resulting loss or damage; unless it is shown the act or omission by the LME was in bad faith. In addition, the LME will not be liable for any losses arising from unauthorised access to the Historical Information or any other misuse of the Historical Information, unless such access or misuse was the result of an act of bad faith by the LME.

7.2 The LME will indemnify the Customer against all losses, claims, damages, expenses or costs, for infringement (or alleged infringement) by the Historical Information of any proprietary rights of any third party. The Customer must co-operate with the LME to facilitate any such defence.

7.3 The LME will not be liable in contract, tort (including negligence and breach of a statutory duty) or otherwise to the Customer, or to others directly or indirectly making use of the Historical Information, for any direct, indirect or consequential loss, damage, injury, cost or expense arising in any way out of access to, provision or use of the Historical Information.

7.4 The parties acknowledge that this clause has no application to any liability that is prohibited or restricted by regulation or law from exclusion or restriction.

8. ASSIGNMENT

The Customer may not assign its rights under this agreement between the LME and the Customer.

9. SEVERABILITY

If any provision of these terms and conditions is found to be invalid or unenforceable to any extent, the remainder of the terms and conditions are not affected and remain enforceable to the extent permitted by law.

10. AMENDMENTS

The LME reserves the right to alter these terms and conditions for future purchases.

2nd April 2007