Checon definition
Examples of Checon in a sentence
Customer will use reasonable efforts to respond promptly and accurately to balance confirmation requests made by Checon or its auditors.
Checon may, without prejudice to its other rights and remedies, setoff any liability that Checon owes to Customer against any liability that Customer owes to Checon, regardless of whether such liability is matured or liquidated.
Checon’s maximum liability on any claim arising out of or resulting from the: (i) sale of Goods will not exceed the purchase price of the Goods for which any such claim is made, not to include the value of the Metal; (ii) Refining Services will not exceed the aggregate amounts paid to Checon with respect to the materials for which any claim is made; and (iii) Metal Account transactions will not exceed the value of the aggregate net quantity of Metal properly credited to such Metal Account.
Checon may cause Goods to be shipped from the facilities of Checon’s affiliates.
No waiver by Checon of any of the provisions of the Agreement or these Terms is effective unless explicitly set forth in writing and signed by Checon.
Customer assumes all risk and liability for, and hereby agrees to indemnify, defend, and hold Checon, including its shareholders, directors, officers, employees, affiliates, successors, and permitted assigns, harmless from and against any and all losses, liabilities, damages, and claims arising out of or relating to the transportation, unloading, storage, handling, or use of the Goods after title passes to Customer.
In the absence of an Event of Default (defined below), Checon may close a Customer’s Metal Account at any time by providing Customer with at least thirty (30) days’ prior written Notice.If Checon closes a Metal Account because of any Event of Default, then title to any Metals in such Metal Account will transfer to Checon upon closure and compensation for the Metals will be paid by Checon to Customer after setoff and deducting the value of any debit balances on such Metal Account.
Checon will be excused from its obligations under the Agreement to the extent prevented by circumstances beyond its reasonable control, including, without limitation, fire, flood, natural disaster, change in applicable law, difficulty sourcing raw materials, ar, equipment breakdown, strike, lockout, labor dispute, and interruption in utilities or transportation.
Unless otherwise set forth in the Agreement, Customer shall not ship any Refining Materials to Checon without Checon’s prior written consent.
Customer acknowledges and agrees that Refining Materials are required to provide the Refining Services, and, to the extent that Customer fails to provide such Refining Materials, Checon will be relieved of its obligations under the Agreement.