Legal
Mercatora Intermediary Agreement
1. Parties
This agreement is entered into between Mercatora, owned and operated by Felice Krattinger, Elisabeth-Selbert-Allee 5, 63225 Langen, Germany ("Mercatora", "we", "us") and the company or individual submitting a sourcing request through the Mercatora platform (the "Client", "you").
2. Nature of the Relationship
Mercatora is an independent intermediary. We introduce Clients to potentially suitable suppliers from our curated network. We are not a broker, agent, distributor, reseller, employee, or legal representative of either the Client or any supplier. Mercatora has no authority to bind, sign for, negotiate on behalf of, or otherwise legally represent the Client.
3. Scope of Service
On submission of a request, Mercatora may, at its discretion:
- Review the Client's brief;
- Identify suppliers from its network that may match the brief;
- Introduce one or more such suppliers to the Client by email or another reasonable channel.
Mercatora does not guarantee that a match will be found, that any introduction will result in a transaction, or that any supplier will accept or fulfil the Client's request.
4. No Contract Between Mercatora and Suppliers
Any commercial relationship that arises from a Mercatora introduction — including negotiations, contracts, orders, payments, deliveries, warranties, returns and disputes — is exclusively between the Client and the relevant supplier. Mercatora is not a party to that relationship.
5. Client Responsibility
You are solely responsible for:
- Conducting your own due diligence on any supplier we introduce (including legal, financial, regulatory and technical fit);
- Verifying certifications, references and product samples;
- Negotiating and signing your own contracts directly with the supplier;
- Compliance with all laws applicable to your industry and to cross-border trade (including export controls, sanctions, customs and product safety).
6. Fees
Mercatora does not charge the Client a fee for submitting a request or for receiving supplier introductions, unless explicitly agreed in writing in advance.
7. Confidentiality
Mercatora will treat the contents of your request as confidential and will share them only with suppliers it considers a relevant match for the purpose of facilitating an introduction. Mercatora will not sell Client information to third parties.
8. Data Protection
Personal data submitted through the Mercatora website is processed in accordance with our Privacy Policy and the EU General Data Protection Regulation (GDPR).
9. Disclaimer of Warranties
The Mercatora service is provided on an "as is" and "as available" basis. Mercatora makes no warranties, express or implied, regarding the quality, reliability, suitability, legal compliance, financial standing or performance of any supplier introduced through the platform.
10. Limitation of Liability
To the maximum extent permitted by applicable law, Mercatora's total aggregate liability arising out of or in connection with this agreement shall be limited to the fees (if any) paid by the Client to Mercatora in the twelve (12) months preceding the event giving rise to the claim. Mercatora shall not be liable for any indirect, incidental, special, consequential or punitive damages, including but not limited to loss of profit, loss of business, loss of data, or supplier non-performance.
Nothing in this agreement excludes or limits liability that cannot be excluded or limited under applicable mandatory law (including for intent or gross negligence).
11. Indemnity
The Client agrees to indemnify and hold Mercatora harmless from any claim, demand, loss or damage arising from (a) the Client's relationship or transactions with any introduced supplier, or (b) the Client's breach of this agreement.
12. Term and Termination
This agreement applies to each request the Client submits and continues for as long as Mercatora processes that request. Either party may terminate the relationship at any time, with or without cause, by written notice (including email).
13. Changes to this Agreement
Mercatora may update this agreement from time to time. The applicable version is the one in force at the time the Client submits a request. Each accepted version is recorded together with the timestamp of acceptance.
14. Governing Law and Jurisdiction
This agreement is governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Place of jurisdiction for all disputes arising out of or in connection with this agreement is, to the extent legally permissible, Langen (Hesse), Germany.
15. Severability
If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid one that most closely reflects the original commercial intent.
16. Contact
For any questions regarding this agreement, please contact us at contact@mercatora.com.
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