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Corp.,
Inc. to customer regarding confirmations of trades and statements
of account may be unverified and incomplete due to delays
in transmission and other factors beyond National Commodities
Corp., Inc. reasonable control. Customer therefore acknowledges
and agrees that any reliance upon such oral information is
at Customer's risk and further acknowledges and agrees to
immediately call to National Commodities Corp., Inc.'s attention
any such oral information which Customer has reason to believe
is inconsistent with Customer's own information. Confirmations
of trades statements of account, margin calls, and any other
written notices shall be binding on Customer for all purposes,
unless Customer calls any error therein to National Commodities
Corp, Inc.'s attention in writing (a) within 48 hours of delivery
to customer, in the case of reports of execution, and (b)
within 5 days of delivery to Customer, in the case of statements
of account and any other written notices (other than margin
calls) or demands. Margin calls shall be deemed conclusively
correct and final if not objected to by Customer by notice
to National Commodities Corp., Inc. in writing, within 24
hours of delivery if such margin call. None of these provisions,
however, will prevent National Commodities Corp, Inc. upon
discovery of any error or omission, whether in a reported
price, credit or debit of funds, or any other error or omission,
from correcting it. The parties agree that such errors, whether
resulting in profit of loss, will be corrected and Customer's
account will be credited or debited so that it is in the same
position it would have been in if the error had not occurred
. Whenever a correction is made, National Commodities Corp.,
Inc. will promptly make written notification to Customer.
All communications, including but not limited to margin calls,
sent to Customer by National Commodities Corp., Inc. to customer's
address, whether by mail, telephone, telegraph, messenger
or otherwise, shall be deemed given to Customer personally
whether or not actually received by Customer, and Customer
hereby waives all claims resulting from failures to receive
such communications.
17.
CUSTOMER
DOCUMENTS. Customer represents that theinformation
on the Customer Application is true and complete and that
the representation in this agreement and any applicable ancillary
documents are accurate and that National Commodities Corp,
Inc. and its agents and assigns are entitled to rely on such
information and representations for all purposes, unless National
Commodities Corp., Inc. receives notice in writing of any
change. Customer shall notify National Commodities Corp.,
Inc. of any material change in such information or representation.
National Commodities Corp., Inc. is authorized at any time
to contact anyone, including Customer's banks or any credit
agency for purposes of verifying information contained on
the Customer's Application or otherwise supplied to National
Commodities Corp., Inc. If customer is required to be a member
of any National Commodities Corp., Inc. Association, Customer
represents that it is a properly member of such association.
To the extent certain ancillary documents (including, but
not limited to, a Customer Application, Partnership Account
Form, Sole Proprietor Form, Joint Account Form , Corporate
Resolutions and purpose of Pledge Agreement) are applicable,
executed and delivered in connection with this Agreement,
any or all such ancillary documents are incorporated by reference.
In the event any term or provision of any such ancillary documents
should conflict with any term or provision of this agreement,
the terms and provisions of this Agreement shall control and
prevail.
18.
TAXPAYER
IDENTIFICATION NUMBER. Under penalty of perjury, Customer
certifies that Customer has provided National Commodities
Corp., Inc. with Customer's proper Taxpayer Identification
Number (which is a Social Security number in the case of an
individual), with a properly executed Certificate of Exemption
certifying that Customer is exempt from providing a Taxpayer
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Identification
Number or with an Awaiting Taxpayer Identification Number
Certification. Customer further certifies that Customer has
not been notified by the Secretary of the Treasury that Customer
is subject to backup withholding under Section 6045 of the
Internal Revenue Code of 1954.
19. BINDING
EFFECT OF AGREEMENT. This Agreement shall be binding upon
and enure to the benefit of National Commodities Corp., Inc.
and its successors and assigns, and customer's heirs, executors,
administrators, legatees, successors, personal representatives
and assigns.
20.
MODIFICATIONS. Except as provided on paragraph 2, no
change in or waiver of any provision of this Agreement shall
be binding unless it is in writing, dated subsequent to the
date hereof, and signed by the parties intended to be bound.
No agreement or understanding of any kind shall be binding
upon National Commodities Corp., Inc. unless it is in writing
and signed by one of the officers of National Commodities
Corp, Inc.
21.
SEPARABILITY. If any provision of this Agreement shall
be held invalid or unenforceable, the remainder of the Agreement
shall nevertheless remain in full force and effect. If any
provision is held invalid or unenforceable with respect to
particular circumstances, that provision shall nevertheless
remain in full force and effect in all other circumstances.
22.
GOVERNING LAW. This agreement shall be governed by
the laws of the State of Florida.
23.
CONSENT
TO JURISDICTION. If Customer has not entered into an Arbitration
Agreement or if arbitration is unavailable, all actions or
proceedings arising with respect to any controversy arising
out of this Agreement or orders entered or transactions effected
for Customer's accounts shall be litigated, at the discretion
and election of National Commodities Corp., Inc. only in courts
whose situs is within the city of Fort Lauderdale, State of
Florida and Customer hereby submits to the jurisdiction of
the Circuit Court of Broward County, Florida and the United
States District Court of Southern District of Florida, Eastern
Division. Customer shall accept court service of process by
registered or certified mail addressed to the address provided
in the Customer Application or to such other address as Customer
has supplied to National Commodities Corp., Inc. in writing
and such service shall constitute personal service of such
process. Customer waives any right Customer may have to transfer
or change the venue of any litigation brought against Customer
by National Commodities Corp., Inc. Customer further agrees
that any action it may bring against NCCI must be heard in
Fort Lauderdale, Florida, at the discretion of NCCI.Please
sign optional Consent to Jurisdiction Form on page 9.
24.
HEADINGS. The headings of each provision are for descriptive
purposes only and shall not be deemed to modify or qualify
any of the rights or obligations set forth in each provision.
25.
FEES.
NCCI may charge various fees for services, including, but not
limited to: commissions, clearing fees, floor brokerage,
statement fees, wire transfer fees, treasury bill transaction
fees, and transfer fees. The costs of these fees may vary from
time to time or may be added, without notice to Customer. Your
receipt of statements from NCCI showing those charges is the
Customer's notification of those charges. Any questions or
disputes regarding those charges must be brought to the
attention of NCCI, either by telephone or in writing, within
five days of the statement date. Otherwise, Customer accepts
and agrees to those charges as correct.
26.
PRIVACY ACT. This notice is provided for your records
in accordance with the nonpublic personal information
disclosure requirements. National Commodities Corporation,
Inc. collects information that is personnaly identifiable
financial information. The information collected is in the
form of annual income, net worth and banking account
information. As policy N.C.C.I. collects this information for
its own use and the information is not shared with any
affilliated or nonaffilliated entities, except when required
by law.
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