| We, ____________________________________ hereby authorise
HGC or any of its officers to act in accordance with our instructions given
via telephone, facsimile, electronic mail, untested telexes or any form
of electronic communication to you from time to time by us, {including those
empowered to operate on our account(s)} in respect of all our account(s)
with HGC.
We are fully aware of and understand the various problems and risks involved
in us sending our instructions to you via telephone, facsimile, electronic
mail, untested telexes or any other form of electronic communication and
hereby agree to accept full and total responsibility for all these problems
and risks involved.
In consideration of your agreeing to act on the above instructions or
communication, we agree and undertake:-
a) that you are authorised to record the telephone conversations between
us and you, in writing or by tape or other means as you may determine,
and your records shall be conclusive and binding on us. You may dispose
of such written records and erase such tapes after the expiration of such
period as you deem fit;
b) that you may, under circumstances determined by you, require from us
confirmation of any of the above instructions or communication in such
form as you may specify before acting on the same;
c) that you will not be liable for any failure or delay in acting on any
of the above instructions or communication by reason of any cause beyond
your control, including (without limitation) any breakdown or failure
of transmission or communication facilities for whatsoever reason, or
breakdown of or delay or error transmission or communication for any reason;
d) that you may (but shall not be obliged to) act as aforesaid without
inquiry as to the identity or authority of the person giving or purporting
to give any instruction or the authenticity of any telephone or telex
or fax or electronic mail message and may treat the same as fully authorised
by and binding on us, regardless of the circumstances prevailing at the
time of the instruction or amount of the transaction and notwithstanding
any error,
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misunderstanding, lack of clarity, fraud, forgery or lack of authority
in relation thereto, and without requiring further confirmation in any
form, provided that the officer concerned believed the instruction to
be genuine at the time it was given;
e) to indemnify and at all times keep you fully and completely indemnified
against all claims and demands, actions proceedings, loss and expenses
including legal cost and all other liabilities of whatsoever nature or
description which may be made or taken or incurred or suffered by you
in connection with or in any manner arising out of your taking such instruction
from us;
f) that on our express instruction to you, you be authorised to transfer
funds from our account to another account or party where we may not be
the beneficiary or sole beneficiary.
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| Signature of Customer |
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| Signature of Customer |
Date |
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