EN Reklamacny poriadok 2008.12.12 - Capital Markets

CLAIM ORDER CAPITAL MARKETS, o.c.p., a.s. Article 1 Basic provisions

1.1

This Claim order of CAPITAL MARKETS, o.c.p., a.s., Ul. 29. augusta 36, 811 09 Bratislava, company ID number 36 853 054, ( further as the „ Broker“) governs all legal relations arising between the Client and the Broker based on and in relation to exercising claims of the Clients indicated in point 1.5 herein towards the Broker which are related to the quality or correctness of investment services that the Broker provides to the Client based on Agreements concluded between the Broker and the Client, particularly procedures and terms of settlement of these claims, way of coverage of costs related to these claims and all other related legal relations.

1.2

This Claim order is part of General Business Conditions ( further as „ GBC“) issued by the Broker.

1.3

In extent in which the provisions of the GBC issued by the Broker for individual investment activities differ from provisions of this Claim order, the provisions of these GBC take precedence over individual provisions of this Claim order.

1.4

The terms written by capital initial letters that are used in this Claim order, are of the meaning that is defined in the GBC for individual investment services and financial instruments, unless stated otherwise in this Claim order.

1.5

The Broker and the Client have agreed that a claim is, according to this Claim order, a claim of the Client and by the Client exercised right from responsibility for damages caused at providing Investment services, investment activities and supplementary services towards the Broker in terms set by this Claim order (further as “Claim”). Article 2 Procedures and terms of claims settlement

2.1

The Client is authorized to set up a Claim at the Broker.

2.2

The Client is obliged to set up the Claim towards the Broker in a way stipulated in point 2.4. herein, latest in six months from the day when the Client had the chance to get to know about a fact that is subject to Claim or from the day when he had the chance to discover the

CAPITAL MARKETS, o.c.p., a.s., Ul. 29. augusta 36, 811 09 Bratislava, Slovakia, Tel.: +421 2 2070 6880, The company is registered in the Companies Register maintained by the District Court in Bratislavva I, Section Sa, file No. 4295/B, Company ID No. 36853054, Tax ID No. 2022505419 .

damage or to examine the thing, unless expressly not agreed otherwise between the Broker and the Client. In case in which the generally obligatory regulation sets a longer period for responsibility for damages on things or services provided by the Broker on behalf of the Client as the period set in the first sentence of this point and if such a regulation does not provide for the opportunity for the contracting parties to agree upon other period as set in this regulation, the Client is obliged to set up the Claim of such a damage towards the Broker latest in period of time set by this Claim order. 2.3

If the Client does not comment the Broker upon the fact discovered this way in period set by point 2.2 herein, his responsibility rights lapse.

2.4

The Client is obliged to set up the Claim in written form with his own signature. The written claim has to contain the identification data of the Client: name (business name), birth number (company ID number), address (seat of the company), number of the client´s account and contact data of the Client (telephone number), date and signature of the Client. The Client is further obliged to state the claimed facts in his Claim certainly, understandably, correctly and precisely along with the mentioned data, numbers and sums and to prove his statements in a credible way, particularly by submitting legally relevant documents that he is obliged to arrange on his own costs. The Client is, at the same time, obliged to state in this Claim also the rights which he sets up to the Broker in this way.

2.5

If the Client does not meet his obligations stipulated in point 2.4 herein, the Broker is not obliged to deal with his Claim, neither is he obliged to examine the eligibility of the Claim of the Client, unless the Client removes the shortnesses of his Claim. The terms indicated in point 2.7. herein start to lapse from the moment when the Client removes the shortnesses of his Claim.

2.6

The Client is obliged to provide to the Broker all assistance necessary to clear up the claimed fact, if he refuses to provide such an assistance, the Broker is not obliged to further examine the Claim, neither is he obliged to further examine the eligibility of the Claim of the Client.

2.7

If it is not possible immediately, resp. in more difficult cases within thirty (30) working days after the Client set up his Claim, to decide upon the eligibility of the Claim, the Broker is authorized to execute further examination of the Claim and professional evaluation of the claimed damage within his competence, while the overall settlement of the Claim should not last longer than 30 calendar days. The time that is necessary for professional evaluation of the claimed damage is not added to the period that is necessary for making a decision about eligibility of the Claim provided for in the introductory sentence of this point of this Claim order.


2.8

If it is not possible to settle the Claim within the above mentioned period of 30 days due to objective reasons, the Broker is obliged to inform the Client in written form about the executed activities and about the time, by which the Claim shall be settled.

2.9

The Broker informs the Client about the way of settlement of the Claim in written in period provided for in point 2.7 herein. This written confirmation the Broker shall submit to the Client also in case if he does not settle the Claim in whole extent already at setting up this Claim by the Client. Article 3 Costs connected with settlement of claims

3.1

If not stated otherwise in this Claim order, the costs connected with settlement of the Claim, regardless the fact whether the Claim is eligible or not eligible, are born by the Broker. Article 4 Closing provisions

1.1

The Broker and the Client have agreed that other legal relations between the Broker and the Client that are not governed expressly herein shall be governed by the relevant provisions of individual Contracts concluded between the Broker and the Client, by relevant provisions of the GBC, by relevant provisions of the Act on Securities, by the Commercial Code and other related legal regulations valid on the territory of the SR, being it in this order.

1.2

The Broker is authorized to change or adjust this Claim order any time due to changes in business policy of the Broker or changes of legal regulations or due to development on the financial market or development of the legal or entrepreneurial environment or in the interest of secure operation of the system of the financial market or due to minimalization of risk. The Broker shall set the actual wording of the Claim order by Disclosure. The Client is authorized to express his dissent with the change of the Claim order by written announcement delivered to the Broker in 15 days after the Claim order was set by Disclosure. If this shall not happen, all the changes and amendments become valid on the day that is indicated on them, if the Client executes any act after Disclosure of the Claim order against the Broker or he shall continue in receiving investment services from the Broker in a way that from the given situation it is clear that he is willing to continue in the


given contractual relationship with the Broker, or he shall confirm with his acting that he got familiar with the wording of the changed and amended Claim order. If the Client expresses his dissent with the change of the Claim order in the given time and there shall be no consensus, the Client is authorized to terminate his contractual relationship with the Broker with immediate effect. The same way, the Broker is authorized in such a case to terminate his contractual relationship with the Client with immediate effect and to deem his Claims towards the Client immediately due. If, according to the Claim order, the Broker is authorized to change any conditions of the Claim order one-sidedly, any change of the relevant condition is effective by the Disclosure if not stated otherwise in the Disclosure. The Client is authorized to terminate the Contract in written form with immediate effect in period of 15 days after the date of Disclosure of the change. If the Client does not terminate the Contract in the set terms, it is valid, that he agrees with the change. 1.3

This Claim order was approved by the Board of Directors of the Broker on the 15th January 2008, with effectivity as of the 1st February 2008. All contractual relationships concluded between the Client and the Broker as of the date on which this Claim order came into force are governed by this Claim order, unless stated otherwise in it.

1.4

The Claim order was published on the 1st February 2008.
