Terms & conditions
Terms and Conditions (Terms & Conditions) of Eythos for the Companies in the Eythos Group
If you retain a company in the Eythos Group, or otherwise assert reliance on us, then you accept these Terms & Conditions as being applicable to your dealings, whether as owner or agent of the subject property.
IMPORTANT NOTICE: Our customers must ensure that their property is insured. Our liability has been limited, as set forth herein. The rates charged reflect this. If, however, you do not have sufficient insurance coverage for the property you plan to entrust with us, we can increase our liability to cover the full value of the Property in accordance with Clause 4.2 herein.. Any request to vary these Terms & Conditions, is subject to our agreement, and must be via amendment, in accordance with Clause 9.3 herein, our pricing and services may need to be adjusted.
Scope of Our Obligations
1.1 These Terms & Conditions govern the services of the applicable Eythos Group company you contract with, including but not limited to the storage, handling, and transport of property, advice related thereto, and any other services an Eythos company, including related entities and agents of Eythos, may provide.
1.2 The intended services must be specified in an order or quotation for services executed by Eythos and the Customer (an Order) that describes specifically the property you are entrusting to our care (the Property) and describes specifically the services to be provided by Eythos (the Service or collectively as the Services).
1.3 Unless agreed otherwise expressly by Eythos and the Customer in writing, these Terms & Conditions are deemed incorporated into any Order, or any agreement of Eythos, including related entities of Eythos and its agents, to perform Services for the Customer.
1.4 Our obligations arise only when the Property is in the Custody and Care of Eythos, which means that the Property has been physically received by an authorized representative of Eythos for the purpose of performing a Service to which these Terms & Conditions relate and Eythos has given written acknowledgement of receipt; and end at the point stipulated in the Order, or in the absence of such a stipulation, when the Property has been delivered to the Consignee of the Customer or, in the event of non-delivery, when the Property has been returned to the Customer. Consignee means any person or entity to whom we agree with you to deliver or release the Property to, as part of our Services.
1.5 The details and limitations of our Services are specified herein, which we may supplement from time to time, including in an Order, or in connection with an Order.
Scope of Your Obligations; Your Warranties to Us
2.1 Customers should ensure that the Property is insured with a reputable insurer against any loss or damage occurring when the Property is in, or is intended to be in, our Custody and Care, including if such loss or damage arises due to our negligence.
2.2 You warrant that you are either the lawful owner of the Property or are acting on behalf of the lawful owner and as such, you are authorized to bind the lawful owner to these Terms & Conditions. If you are acting as an agent for the lawful owner, you warrant that you are contracting with Eythos on your own behalf and as agent for the lawful owner, making you both fully liable and jointly and severally liable to Eythos for your warranties and representations and, you are both obligated to perform as set forth in these Terms & Conditions and Orders.
2.3 You warrant that the information you provide to us is accurate and complete, consistent with other representations and disclosures you have made about the Property to others, and complies with all anti-money laundering and other required asset ownership disclosure obligations applying to you and the Property. Customer further warrants that should there be a change in circumstances that calls into question the accuracy or completeness of the previously supplied information, you will immediately inform us. As our pricing and Services are based on the information you supply, you warrant that you will immediately correct any inaccuracy in the information you have supplied us, which you acknowledge and agree, may result in our changing our pricing or Services, at our discretion, which Customer agrees to pay.
2.4 You warrant that there is no lien, charge or any claim disputing ownership asserted against the Property, or if there is a lien, you declare in writing to us the particulars of that lien, to enable us to assess the lien and whether it may necessitate our needing a change in the scope of services and terms.
2.5 Customers must inform Eythos in writing, at the time of the Order, of all relevant information related to the Property, including but not limited to, addresses, amount and kind and content of the Property, size, weight, and other characteristics, individuals we may deal with on your behalf, including those whom we may deliver and otherwise release the Property to, the value of the Property to be handled, as well as the available space and facilities at the place of collection and delivery and shall promptly provide Eythos with any further information required by Eythos to comply with applicable laws. Customer accepts that if conditions are different than informed, Eythos has the right to adjust its pricing, at its discretion, which Customer agrees to pay. Customer also agrees that it will not hold Eythos liable for any purported non-performance or delay, loss or damage due in part to Customer’s failure to provide complete and accurate information to Eythos, at all times.
2.6 Customer agrees that it will only communicate release and delivery or any other instructions relating to its Property or otherwise the Services to Eythos’ employees through an Eythos designated technology platform or agreed designated Eythos email address. Customer hereby understands and agrees that it may not rely on any communications made outside of such official means of communication. By way of example, non-official means of communication include but shall not be limited to any communications by text, personal email, Zoom, WhatsApp, WeChat, and the like.
2.7 Good Faith: Customer will act in utmost good faith in respect to Eythos, its related entities, and its agents.
2.8 Obligation to Protect Eythos Against Harm Due To Customer Conduct: Customer agrees that it will immediately reimburse Eythos for all costs, internal and external, Eythos incurs as a result of any action taken against Eythos, or demand made on Eythos, by any person, entity or governmental authority, due allegedly to conduct, acts or omissions of the Customer. Customer further agrees to indemnify, hold harmless and defend Eythos from and against any and all losses, damages, expenses (including attorney fees, internal and external), liability or claims made at any time, or presented in any manner by any person or entity or governmental authority with respect to any act or omission of the Customer, alleged breach of any contractual obligations of the Customer, or any breach of applicable laws by the Customer.
Payment, Lien and Sale
3.1 Obligation to Pay: Customers must pay Eythos’ charges within the period stipulated in the Order, which may specify payments in advance, or, if no such period for payment is stipulated, no later than 30 days from the date of the invoice without deferment, reduction or set-off on account of any claim or demand. If at any time you dispute payment, Customer must pay in accordance with this Clause 3.1, and then seek reimbursement or otherwise bring a claim as specified in these Terms & Conditions.
3.2 Interest: In respect of invoices not paid in full by the due date, or for any other sums that we incur on your behalf that you have not reimbursed us, Customer agrees to pay interest of one percent (1%) per month of the amount unpaid, which shall be compounded, and pay Eythos’ all costs of collection including internal and external legal fees and costs.
3.3 Additional Charges: Unless otherwise stated, prices quoted do not include any sales tax, use, excise, value-added, property or other such taxes or duties that may be levied on the transaction by local, provincial, national or federal governments or public authorities. Any such taxes or duties Eythos is required to collect or pay will be added to the invoice or billed separately. Eythos reserves the right to pursue payment of any charges due under these Terms & Conditions from the Consignee or any person with an interest in the Property, including legal fees and costs of collection incurred by Eythos in securing payment of these charges. Eythos reserves the right to offset outstanding charges owed by a Customer to Eythos from any amounts payable to that Customer by Eythos. If additional costs are incurred by us, or otherwise imposed on us, by third-parties that were not specifically anticipated by Eythos, Customer agrees to reimburse Eythos immediately upon request.
3.4 Granting of Lien in the United States: To the extent permitted by law, in order to secure the payment of all sums due at any time, by (i) Customer or (ii) the Consignee or (iii) any other person with an interest in the Property on any account whatsoever, to Eythos or any affiliate of Eythos, whether relating to the Property, documents or money or relating to Services provided by or on behalf of Eythos to Customer, the Consignee, or any such other interested person, now or in the future, Customer hereby grants to Eythos (a) a lien on and security interest in (i) the Property and (ii) any and all Collateral that Customer owns, or in which has sufficient rights to transfer an interest, now or in the future, wherever the Collateral is or will be located, and all proceeds of the Collateral, and (b) all rights incident to such lien and security interest enabling Eythos to recover such sums due. Collateral is defined to include all of the following: (a) all Property, (ii) equipment, and (iii) inventory, instruments, documents, money, and chattel paper, and (b) all other property owned or acquired by Customer or in which Customer has an interest included in any shipment sent by or to Customer now or in the future. In addition to all other rights and remedies Eythos may have as the holder of a lien or security interest, (a) Eythos shall be entitled to retain possession of any Property sent by or to Customer and suspend its further transit without incurring liability until all sums owing to Eythos have been paid, (b) in the event any invoices remain outstanding for more than three (3) months, or a shipment is unable to be delivered due to no fault of Eythos and remains in Eythos’ possession for more than three (3) months without a separate written storage agreement, you grant Eythos the right to open and inspect the shipment, sell the contents, offset the proceeds by the amount of all unpaid charges including storage and costs of exercising the lien and the sale, and remit to Customer (or, where appropriate, the consignee or such other interested person) the balance. Customer’s failure to pay charges due under these Terms shall be a material breach of these Terms & Conditions. Customer agrees to execute any documents and take any action in connection with these Terms & Conditions as Eythos may request from time to time, in order to perfect and maintain Eythos lien and security interest. Customer authorizes Eythos to make any public filings that Eythos deems necessary to perfect or maintain its lien and security interest. Delivery of physical possession of the shipment and/or Collateral to Eythos by Customer or any other entity or person shall automatically constitute delivery for purposes of the lien and security interest granted in these Terms & Conditions, including the perfection thereof. Eythos shall be entitled to charge storage for any Property or documents that are the subject of the lien. Any Property or documents stored for the purposes of exercising the lien shall be stored subject to the limits and exclusions within these Terms & Conditions.
3.5 Granting of Lien outside of the United States. For any liens established and exercised outside of the United States of America in accordance with under the relevant laws and regulations applicable to such jurisdiction, Eythos shall have a particular lien over all Property, documents or money within its possession, custody or control. Without prejudice to Eythos’ particular lien, Eythos shall also have a general lien on all Property, documents or money within its possession, custody or control for all sums due at any time to Eythos or any affiliate of Eythos, from Customer and/or any Consignee and/or any other person with an interest in the Property on any account whatsoever, whether relating to the Property, documents or money or relating to services provided by or on behalf of Eythos to Customer, the Consignee or any such other interested person. Eythos shall be entitled to retain possession of any shipment sent by or to Customer and suspend its further transit without incurring liability, until all sums owing to Eythos have been paid. When Eythos exercises its particular or general lien hereunder, Eythos shall be entitled to charge storage for any Property or documents which are the subject of the lien. Any Property or documents stored for the purposes of exercising the lien shall be stored subject to the limits and exclusions within these Terms & Conditions. To the extent not prohibited under the relevant laws and regulations applicable to such jurisdiction, Eythos shall be entitled, on providing to Customer at least 14 days’ notice in writing, to sell, dispose of or otherwise deal with any Property or documents. When exercising such right of sale, Eythos shall act as Customer’s agent and at Customer’s expense and risk. Eythos shall be entitled to sell any Property or documents at auction or by private sale at its complete discretion and Eythos shall be under no duty to obtain any particular or minimum price for the Property or documents. The proceeds of any sale shall first be applied to discharging any sums owed to Eythos and in reimbursing Eythos for the costs of exercising the lien including, but not limited to, the costs of storage and the costs associated with the sale. Eythos shall then account to Customer (or, where appropriate, the Consignee or such other interested person) for the balance of the proceeds, if any. Thereafter, Eythos shall be discharged from any liability whatsoever and howsoever occurring in relation to the Property or documents. Customer’s failure to pay charges due under these Terms & Conditions shall be a material breach of these Terms & Conditions. Customer agrees to execute any documents and take any action in connection with these Terms & Conditions as Eythos may request from time to time in order to perfect and maintain Eythos’ lien and security interest.
Eythos’ Liability
4.1 Extent of Eythos’ Liability: Subject always to the provisions of Clause 5, Eythos shall be liable for loss of or damage to the Property, which occurs while the Property is in the Custody and Care of Eythos, or for any breach of the Services, provided that the liability of Eythos for such breach, loss or damage, whether in contract, tort (including negligence and misrepresentation), indemnity, breach of statutory duty or otherwise, shall be limited and in no event exceed the lesser of (a)US$1000 per 1000 KG and a maximum of US$1,000 (one thousand US Dollars) per event or (b) the value of the Property as declared by the Customer to Eythos in the Order.
4.2 In the event that the Customer declares full value for all or a portion of the Property, pays an additional charge based upon the increased valuation of the Items, and documents its actual loss in accordance with conditions set out in Clause 7, Eythos agrees to increase its limitation of liability up to the full value.
4.3. Sole and Exclusive Liability: The liability of Eythos under this Clause 4 shall be Eythos’ sole and exclusive liability to the Customer in respect of any loss of or damage to Property, or otherwise, and the Customer will have no other claim against Eythos of any kind in respect of such loss or damage, or otherwise, whether in contract, tort (including negligence and misrepresentation), indemnity, breach of statutory duty or otherwise, unless any applicable law mandates otherwise.
4.4 If Treaty or Law Restricts Limitations of Liability: To the extent any applicable law or treaty regulates the scope of this limitation of liability, the Parties agree that Eythos’ liabilities will be limited to the maximum extent possible under that law or treaty and otherwise consistent with this Clause 4 and following Clause 5 to the fullest extent possible.
Exclusions and Limitations of Liability
5.1 Eythos shall have no liability whether in contract, tort (including negligence and misrepresentation), indemnity, breach of statutory duty or otherwise, to the Customer, Customer’s insurers, or to any third parties, other than as set out in Clause 4. Customer hereby agrees to release, indemnify and hold harmless Eythos against any and all liability Eythos may incur from any claims, disputes, suits, proceedings at law or in equity, loss, liabilities, costs, payments, injury, damage and expenses of any nature (including attorney’s fees and court costs) brought by or on behalf of the Customer, Customer’s insurers, Customer’s agents, or any third parties in connection with the Services.
5.2 Notwithstanding anything else contained in these Terms & Conditions, Eythos shall have no liability whether in contract, tort (including negligence and misrepresentation), indemnity, breach of statutory duty or otherwise for any consequential, special or indirect loss or damages; business interruption; delay, deterioration or loss of market; loss of production; loss of profit; loss of revenue; loss of contract; loss of or damage to goodwill; financial charges or interest; or any loss of or damage to Property, or otherwise to the Customer, Customer’s insurers, Customer’s agents, or any third parties, which is directly or indirectly caused by or results from circumstances beyond its control, or from the following circumstances: (a) natural ageing, gradual deterioration, inherent defect, rust or oxidation, pests or animals, warping or shrinkage; (b) aridity, humidity, exposure to light or extreme temperatures, exposure to toxins, exposure to bacteria; (c) consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, confiscation or nationalisation or requisition or destruction of or damage to property under the order of any government or public or local authority (d) any loss, damage, liability, claim, cost or expense of whatsoever nature caused by, contributed to by, resulting from, arising out of, or in connection with a Communicable Disease or the fear or threat (whether actual or perceived) of a Communicable Disease. (e) loss or damage arising directly or indirectly from nuclear radiation or radioactive contamination, chemical or gas contamination, explosive materials or other hazardous materials; (f) suspension or interruption of utilities; (g) act or default of the Customer, its employees, officers, agents or representatives, including failure to comply in all respects with any laws of any local, national or supranational public authority within whose jurisdiction the Property may be; (h) failure on the part of the Customer to pay customs duties, failure on the part of the Customer to provide bond or security, or any financial cause on the Customer’s part whether under court order or otherwise; (i) compliance by Eythos, its employees, subcontractors or other authorized representatives with any instructions given by the Customer or its authorized representatives or agents; (j) compliance by Eythos, its employees, subcontractors or other authorized representatives with any regulations, instructions, demands of or action taken by any government or public authority; (k) in no case shall Eythos be liable for loss, damage, liability or expense directly or indirectly caused by, contributed to by or arising from the use or operation, as a means for inflicting harm, electronic warfare, of any digital or cyber-attack, ransomware, computer software programme, malicious code, computer virus; (l) Eythos shall not be deemed to be liable for, nor shall it be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such liability, payment of such claim or provision of such benefit would expose Eythos or its insurers to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the places where it has operations or dealings, including but not limited to European Union, United Kingdom, United States of America, or The People’s Republic of China.
5.3 Should the Services include the handling of fragile artwork, such as china, glassware and the like, or liquids, Customer agrees to provide advance written notice of any fragile Property which requires special handling, and will package fragile Property in a container that contains no other Property and pay additional charges relating to such fragile artwork or liquids. Notwithstanding any declaration of value, should Customer fail to provide advance written notice of fragile Property, or not package such fragile Property as required by these Terms & Conditions, or pay applicable additional handling charges, Eythos shall have no liability for damage to such fragile Property. Eythos shall have the right to determine, in its sole discretion, whether to handle or provide Services relating to any fragile Property.
5.4 None of Eythos’ affiliates, parent or subsidiary companies and none of the officers, agents, representatives, directors and employees of Eythos and Eythos’ affiliates or parent or subsidiary companies shall be liable in contract, tort (including negligence and misrepresentation), indemnity, breach of statutory duty or otherwise for any loss or damage sustained in connection with the contract between Eythos and the Customer of which these Terms & Conditions form part, by virtue of their relationship with Eythos or the performance of or failure to perform any of the Services contemplated hereunder.
5.5 Nothing in these Terms & Conditions shall exclude or limit liability that cannot be legally excluded or limited, nor should any Terms & Conditions be taken as a deviation from any non-waivable consumer protection law.
Delivery
6.1 Unless otherwise agreed in writing, the delivery or release may be made with discharging effect to any adult person present on the premises of the recipient and belonging to the business or household, or to the Consignee designated by the Customer or other agreed premises, unless Eythos believes the person encountered is not authorized to take receipt of the Property.
6.2 Eythos shall not be liable for non-performance or delay due to circumstances beyond its reasonable control. Eythos shall promptly notify the Customer when such circumstances cause a delay or failure in performance and when they cease to exist. In such circumstances, Eythos may store the Property at the Customer’s cost or return the Property to the Customer at the Customer’s cost. Eythos does not warrant or guarantee any pickup or delivery times and such times are approximations or estimates. Unexpected additional delivery costs can be charged to the Customer.
Complaints and Claims
7.1 Process: If it is necessary to make a complaint or claim against Eythos, Customer shall make such claim directly to Eythos and such claim will be subject to the procedures and limitations contained herein.
7.2 Notice at Earliest Possible Time To Be Given: Customer agrees that as soon as Customer learns anything that might indicate potential damage to the Property, or other circumstances that may cause Eythos to be unable to comply with any of Customer’s needs or requirements with respect to the Property, Customer must notify Eythos in writing with particulars of its concern and the circumstances, and provide all documentation bearing on the circumstances at issue, so that Eythos may have an opportunity to inspect, investigate and remedy. If Customer fails to comply with this obligation, Customer accepts that it waives its rights to later assert a claim and otherwise complain. Specifically with respect to damage to the Property that is apparent at the time of delivery or handover, Customer must notify Eythos no later than three (3) days after receipt and any damage that is not apparent upon receipt, no later than fourteen (14) days after delivery or handover, or earlier, if discovered earlier. If notice is not given during these time periods, then Customer waives any right to make a claim.
7.3 Opportunity To Cure or Satisfy: If at any time Customer believes that Eythos has breached its obligations, Customer must provide notice with particulars, and starting upon receipt of such notice, Eythos shall be given thirty (30) days to implement a reasonable cure, or otherwise propose a mutually satisfactory solution, which proposal if made, shall be treated as being made on a without prejudice basis, that is, made in confidence and cannot be disclosed in any subsequent proceeding, unless done so by Eythos (Cure Period). For the avoidance of doubt, Customer agrees to seek claims against Eythos in connection with Eythos’ breach of its obligations only after Eythos has failed to cure in a timely manner such breach in spite of its receipt of the written cure notice from Customer.
7.4 Evidence Must Be Produced At Time of Claim: If Customer asserts a claim in arbitration or in any other way, at the time of giving notice of its claim, Customer must furnish Eythos with a detailed written proof of loss or damage specifying date of shipment, name and address of consignee and consignor, and notice and description of the Property and the loss or damage alleged. Customer further agrees to deliver to Eythos, at the time of its making a claim, all information in whatever form it exists (documents, images, and in hardcopies and in digital or electronic formats, etc.) relevant to a valuation, assessment of condition, and appraisal of the Property, and otherwise relevant to the circumstances at issue, and being inculpatory and exculpatory. Customer also agrees to provide all information, upon request, that Eythos may require as to prior storage, handling, and use of the Property. If all such information is not timely and comprehensively provided to Eythos, Customer waives or is otherwise estopped to pursue its claim.
7.5 Agreement to Final and Binding Arbitration: If Customer decides that Eythos has not implemented a reasonable cure of the purported breach, or otherwise proposed a satisfactory solution during the Cure Period, then Customer may proceed to arbitration by filing a notice of intent to arbitrate with the Hong Kong International Arbitration Centre (HKIAC), concurrently served on Eythos. The Parties agree that for any claim or dispute arising out of or relating to the Property, or in any way related to the Services, such claim or dispute shall be governed by the laws of Hong Kong, without regard to conflict of law principles. Any such claim or dispute shall be finally settled by arbitration under the Rules of Arbitration of the HKIAC. The parties further agree (a) that the place of arbitration shall be Hong Kong, at the HKIAC and (b) the arbitration shall be conducted in English before a single arbitrator experienced in the commercial transport of goods who shall be chosen by HKIAC. The Parties agree that any arbitral award issued hereunder shall be final and binding and that they waive any right to appeal such award.
Compliance
8.1 In the event that the services (or any part thereof) required by the Customer to be performed by Eythos are prohibited under any applicable laws, sanctions or embargos, Eythos may at its discretion partially or fully cancel the Service at any time, without prior notice and without incurring any liability to the Customer.
8.2 Eythos will not be held responsible in any way for any loss, delay or damage resulting from any inaccuracy in the values or other information relating to Property declared by the Customer, shipper or consignee to customs both at the origin or destination. The Customer takes full responsibility to declare the correct value and other information. Any fines or penalties arising from false or incorrect declaration will be payable by the Customer, shipper or consignee and the Customer will indemnify Eythos against any costs, claims or liability arising from the same, including, without limitation, any legal or other costs which Eythos may incur in relation thereto. Eythos may make a declaration to customs, but any such declaration will only be based on the information given by the Customer to Eythos and the fact that Eythos has made such declaration shall not absolve the Customer from responsibility for the contents thereof.
Additional Terms
9.1 Choice of Law: Except as otherwise set forth below in Clause 9.2, these Terms & Conditions, and all Orders, and all dealings involving Eythos of whatever nature shall be governed by and construed exclusively in accordance with the laws of Hong Kong and any claim or dispute arising out of or relating to these Terms & Conditions, any Orders, and any dealing with Eythos, shall be exclusively settled by confidential arbitration in Hong Kong, as specified in these Terms & Conditions.
9.2 Choice of Law - Lien Enforcement: The parties agree that, without regard to conflict of law principles (a) with respect to any shipment or Collateral in Eythos’ possession in the United States of America, Eythos’ rights and remedies as the holder of a lien or security interest shall be governed by the laws of the state of New York (including without limitation the Uniform Commercial Code of the state of New York, as amended), without regard to conflict of law principles, (b) with respect to any shipment or Property in Eythos’ possession outside of the United States of America, Eythos’ rights and remedies as the holder of a lien, charge, or security interest shall be governed by the laws of Hong Kong.
9.3 Entire Agreement: These Terms & Conditions, together with the applicable Order, comprise the entire contract between Eythos and the Customer and supersede all previous agreements, statements, promises, warranties, representations and understandings between them relating to its subject matter. Eythos and the Customer acknowledge that they do not rely on and shall not have any remedy in respect of any statement, representation, promise or warranty (whether made innocently or negligently) that is not set out in these Terms & Conditions and the applicable Order. Any provisions amending or additional to the provisions set out in these Terms & Conditions shall be of no effect unless they are in writing and duly executed by authorized representatives of both Eythos and the Customer. In the event of a conflict between these Terms & Conditions and the terms and conditions of an Order, or any other document, these Terms & Conditions shall control. Eythos may in any particular situation waive a term for the benefit of a Customer, but that waiver is limited to that situation and time, and does not result in any other waiver or estoppel.
9.4 Termination: Eythos may terminate its Services at any time as a matter of right by giving Customer thirty (30) days’ notice of its intent to do so. Eythos will not be obliged to continue to store or otherwise care for the Property after this thirty (30) day period.
9.5 Duty of Confidence: Each party agrees for itself, its officers, directors, agents, servants, employees, successors and assigns to keep confidential any and all information obtained about the other party (including without limitation information relating to the other party’s operations, personnel and security) except in the following circumstances: it is compelled to disclose such information by a court or government authority having jurisdiction or by applicable law; disclosure to its auditors or for the purposes of regulatory requirements; to airlines for specific compliance checks; to its professional advisors on a confidential basis.
9.6 No Third Party Rights: No third party may enforce any of these Terms & Conditions, save that Eythos’ affiliates or parent or subsidiary companies and the officers, agents, representatives, directors and employees of Eythos and Eythos’ affiliates or parent or subsidiary companies may enforce.
9.7 Notices: Any notice given to a party, under or in connection with these Terms & Conditions, shall be in writing and shall be given through the Eythos designated technology platform, or the e-mail addresses or physical addresses designated by either of the parties to use for notices, as set forth below. This provision does not apply to the service of any proceedings or other documents in any legal action.
9.8 Interpretation: The parties agree that these Terms and Conditions are fair and reasonable, carefully read and understood, and the rule that language should be interpreted against the drafter must not apply.
9.9 Savings Clause: Should any of the above clauses prove to be invalid, this shall not affect the remaining provisions of these Terms & Conditions or any other individual provision. In this case, the parties and any neutral, as the case may be if a dispute has been brought to arbitration, shall endeavour to replace the invalid clause with another clause that most closely approximates the original commercial and legal intent of the invalid clause.
