Terms of Use

  1. Subject Matter / Preamble

    By accessing and using this web site (“Site”) you agree to the following terms and conditions. Do not use this Site if you do not agree to all of the following terms and conditions.

    1. The service is offered by Metsä Fibre Oy (hereinafter “Metsä Fibre”), part of Metsä Group.
    2. Registered seat at address Revontulenpuisto 2, 02100 Espoo, Finland.
    3. Subject of the service is to participate in pulp auctions. The exact information is to be found at the web page to be accessed at www.pulpexchange.com.
  2. Platform Service

    This platform provides an English auction type service (“Service”) for enabling sales of non-contractual pulp lots to wide range of potential customers. Participants taking part in the Service (“Participants”) become eligible through an online auction, while each actual transaction will be separately agreed and finalized separately between Metsä Fibre and the selected buyer.

  3. Registration

    In order to take part in the auctions, Participants are required to register at the following website www.pulpexchange.com.

    Participants will be required to submit certain information relevant to the Service and to confirm that they have read and agree to be bound by these Terms of Use. Metsä Fibre will use the submitted personal information always in accordance with the Privacy Policy. All Participants must select a password to allow their access to the website.

    A Participant may end his or her participation on the website at any time by sending a notification thereof to Metsä Fibre with our Contact Form.

    In the event that Metsä Fibre legitimately has doubts about a Participant’s credibility, Metsä Fibre may request additional information to reconcile such doubts. Further, if the Participant is not the end user of the pulp, then Metsä Fibre may require the Participant to disclose the end user or potential end users.

  4. Bidding and transactions
    1. General

      Auction is supported by a user-friendly bidding procedure. If you are bidding as a business entity, you represent that you have the authority to legally bind such entity.

      Metsä Fibre will not accept bids and transactions which:

      • contain inappropriate, obscene, defamatory, libelous, slanderous, profane, indecent or unlawful content;
      • infringe intellectual property rights or misappropriate trade secrets or confidential information of third parties;
      • contain viruses, worms, corrupted files, cracks or other materials that are intended to or may damage or render inoperable software, hardware or security measures of Metsä Fibre and/or any other third party;
      • facilitate or constitute any illegal activity; or
      • otherwise restrict or inhibit the use or enjoyment of the Site or other services provided by Metsä Fibre.

      Participants acknowledge that the auction constitutes merely a non-binding and preliminary platform for negotiating the actual transaction and that, notwithstanding anything contrary contained in these Terms of Use or communicated to the Participants, NO agreement or contract, other than these Terms of Use, can be deemed created between users and Metsä Fibre based on any activity via the Site.

    2. Assumptions in bidding

      Upon placing a bid, Participants acknowledge and agree that it shall be based on the following legal and commercial assumptions:

      • Payment term shall be 30 days from invoice subject to sufficient credit insurance
      • Delivery term shall be CIF port of destination
      • The terms and conditions of the then-current version of the General Trade Rules for Woodpulp shall apply in full

      The above assumptions shall be applied to any possibly concluded transaction in accordance with Section 4.3 (Transactions) below, unless otherwise expressly agreed by Metsä Fibre.

    3. Transactions

      Upon succeeding in bidding and winning an auction on the Service, the Participant may separately discuss the terms and conditions of a possible pulp sale.

      Notwithstanding anything to the contrary, Metsä Fibre shall at all times be entitled to freely choose and designate its customers. Winning a bid on the Service does not in itself entitle a Participant to enter into a transaction with Metsä Fibre.

  5. Limited rights of use

    The reproduction, copying, transfer, distribution, or storage of part or all of the contents of this Site without the prior written permission of Metsä Fibre is strictly prohibited. However, Metsä Fibre hereby consents to you storing on your computer, or printing copies of extracts of the documents, provided that (1) the below copyright notice appears in all copies, (2) use of such Documents from this Server is for informational and non-commercial use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by these Terms of Use and applicable rules of law. No logo, graphic, sound or image from any Metsä Fibre web page may be copied or retransmitted unless expressly permitted in writing by Metsä Fibre.

  6. Disclaimer

    Metsä Fibre does not warrant that the functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available is free of viruses or other harmful components. Metsä Fibre is not responsible for entries not received due to lost, failed, delayed or interrupted connections or miscommunications or other electronic malfunctions, or due to lost, late, mutilated, illegible, incomplete, insufficient postage or misdirected mailed entries.

    Metsä Fibre is not responsible for incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the website or by any human error which may occur in the processing of the entries on this website. In particular, Metsä Fibre states that any estimated pulp delivery times mentioned in the Service are made without commitment and are non-binding.

    All documents, information and related graphics are provided "AS IS" without warranty of any kind. Metsä Fibre hereby disclaims all warranties and conditions with regard to this information including all implied warranties.

    The website may contain links and references to the web pages of third parties. Metsä Fibre shall have no liability for the content of such web pages and does not make representations about or endorse such web pages or their contents as its own, as Metsä Fibre does not have control over the information or contents on such web pages. Neither shall Metsä Fibre be liable for the quality, correctness or completeness of any third party information expressly provided on the website as third party information.

    In no event shall Metsä Fibre be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of service, documents, provision of or failure to provide proper services, or of information available from this Site.

  7. Miscellaneous

    The execution of the website and the interpretation and enforcement of these Terms of Use shall be exclusively governed by and construed in accordance with the laws of the Finland, however without regard to its choice of law provisions. Any conflict regarding the Site or the Terms of Use shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce.

    Any Metsä Group symbols or equivalent emblems referenced herein are either trademarks or registered trademarks of Metsä Group. No participant gains any rights or is entitled to use the Metsä Fibre name or any Metsä Fibre’s trademark or service mark as a result of his/her participation on the website.

    Metsä Fibre reserves the right to improve or otherwise modify the Site, the Service or these Terms of Use at any time of which Metsä Fibre will notify Participants. In such case a Participant shall be entitled to cease use of the Service within thirty (30) days from Metsä Fibre having sent said notice, otherwise the modifications shall be deemed to have been accepted by the Participant. Metsä Fibre shall also without advance warning or notice, be entitled to suspend, withdraw or cancel the Service and/or the Site for any reason and at any time, without incurring any liability.

    Metsä Fibre furthermore reserves the right to exclude at any time a Participant who breaches these Terms of Use or abuses the Service in any way, without incurring any liability for such exclusion.

  8. Copyright notice

    Copyright © Metsä Fibre Oy, Revontulenpuisto 2, 02100 Espoo, Finland. All rights reserved.