Metallix Direct Gold Terms & Conditions

AGREEMENT FOR THE SALE AND PURCHASE OF MERCHANDISE BETWEEN YOU AND METALLIX DIRECT GOLD, LLC VIA directgold.metallixrefining.com

1. CONTROLLING PROVISIONS: This Agreement for the Sale and Purchase of Merchandise (“Agreement”) contains all of the provisions that apply to: (a) your shipment of Merchandise to us; (b) the processes for delivery, evaluation and return of Merchandise, (c) our offer to purchase your Merchandise, if we make an offer, although we have no obligation to do so; (d) your acceptance or rejection of our offer and (e) if You accept our offer, our purchase of Merchandise from You (collectively, the “Transaction”), whether any part of the transaction takes place in our website, in writing or orally. We do not accept any other terms and conditions that You may provide to us in writing or orally along with your offer and our acceptance to buy your Merchandise. Our failure to object to your terms in writing or otherwise shall not constitute our acceptance of them. You must accept all of the provisions of this Agreement without exception in order to effect a Transaction with us. YOU AGREE AND ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT (i) if using our website, directgold.metallixrefining.com.s113292.gridserver.com, by CLICKING “SUBMIT” AT THE LINK AT THE END OF THE AGREEMENT or (ii) submitting your Merchandise to us via US Postal Service or overnight carrier, whether or not You sign this Agreement.

2. CERTAIN DEFINITIONS. In this Agreement, the following capitalized terms having the following meanings: “You,” “your” and words of similar import refer to the individual, corporation, limited liability company, partnership or other business entity identified in this Agreement or Order as the offeror or seller of Merchandise (“You,” “your,” or words of similar import). “Merchandise” means gold, silver, platinum, palladium, rhodium, or other precious metals. A “Business Day” is any Monday, Tuesday, Wednesday, Thursday or Friday that is not a holiday in the states of New Jersey and North Carolina or a federal legal holiday. All Business Days begin at 9:00 a.m. and end at 5:00 p.m. Eastern time (“Business Hours”) on the appropriate day. “We,” “us,” “our” and similar terms refer to Metallix Direct Gold, LLC. “Acceptance Period” is a period of Seven (7) Business Days after we notify You by email, mail or telephone of our offer to purchase the Merchandise. When we refer to our phone number or calling our office, we mean your call to 1-800-327-7938.

3. YOUR REPRESENTATIONS ABOUT THE MERCHANDISE. Knowing that we will rely on your representations and warranties to us, each time that You submit Merchandise to us, You represent and warrant that: (a) You are at least 18 years old; (b) You are the legal owner of the Merchandise and, upon our request, will submit proof of ownership; (c) You are acting on your own behalf and not as the representative or broker of another; (d) no one else has any rights to, liens or encumbrances on or claims against your Merchandise that would in any way result in a claim against us; (e) You do not need the approval of any third party to offer or sell the Merchandise to us; and (f) the Merchandise does not contain any hazardous material or waste in accordance with the Federal Resource Conservation and Recovery Act (RCRA) regulations. You agree to defend in the first instance, hold harmless and indemnify us for any investigations, claims made or litigation brought against us by third parties that arise from any inaccuracy or breach of any one or more of these representations.

4. COMPLIANCE WITH GOVERNMENT AGENCIES; RECORDED CONVERSATIONS.

A. Documentation for Payment. Several states require that we obtain your driver’s license number or other government-issued identification and a sworn statement from You as to the Merchandise and compliance with applicable law before we process any payment to You. Certain localities require completion of forms and a waiting period for a transaction in precious metal. If merchandise contains by weight or volume 50% or more of precious metal and is valued at more than $3,000, federal anti-money laundering laws obligate us to obtain certain completed forms and identity information from you before we process the transaction (such local, state and federal documentation, “Compliance Documents”). You agree to supply such Compliance Documents to us upon our request. . If You fail to provide such Compliance Documents to us within 5 Business Days after the date of our notice to You requesting such information, we have the option to terminate the proposed Transaction and return your Merchandise in the form in which You furnished it to us or in a different form in accordance with this Agreement without providing You with additional notices.

B. Recorded Conversations. Our policy is to record all telephone conversations that our employees or representatives have with You so that we can act in accordance with your recorded instructions. Your call to our office at 1-800-327-7938 constitutes your permission to record your conversation with us. Accordingly, if You do not wish to have Your conversations recorded, You should deal with us only in writing or through our website.

5. DESCRIBING YOUR MERCHANDISE. You agree to accurately and completely list and describe the Merchandise that You send to us on a packing list, which You can print from our website directgold.metallixrefining.com.s113292.gridserver.com, or receive from us by mail following your written or telephonic request to us. If we determine, in our sole discretion, that there are significant discrepancies between the Merchandise described on your packing list and the items we receive, or if no packing list was included in the package, we may suspend or terminate the Transaction with notice to You. In the event that we terminate the Transaction, we will ship your Merchandise to You promptly at our cost by the FedEx® (“FedEx”) shipping method of our choosing, and You agree that we will only be responsible for insuring the value of your Merchandise up to $1000. You assume all risk of loss in excess of that amount.

6. OFFER TO PURCHASE MERCHANDISE. You acknowledge and agree that our acceptance of the receipt of your Merchandise does not, under any circumstances, require us to purchase the Merchandise from You or constitute our agreement to purchase merchandise from You. Only our written or telephonic, recorded offer will constitute an offer to purchase your Merchandise. We reserve the right in our sole discretion to do any of the following: (a) accept all or a portion of the Merchandise and evaluate it; (b) reject all or some of the Merchandise; (c) decide not to make any Offer; (d) make an offer that we, in our sole judgment, deem appropriate. (e) if we reject all or some of the Merchandise or decide not to make any Offer, the rejected Merchandise will be returned to You via FedEx® Express Saver at your expense.

7. HOW TO SHIP US MERCHANDISE: INBOUND SHIPPING METHODS, COSTS, INSURANCE. You can select one of the following inbound shipping methods listed on our website or below.

A. FedEx® Express Saver Shipping. If You choose our shipping process, which is FedEx® Express Saver shipping, we will either mail You all the shipping and packaging materials at our expense, or you may print your own air bill, packing list, and instructions from our website. If You choose this method of shipping and use a FedEx® shipping label provided by us, we will pay your inbound shipping costs, including insurance not to exceed $1000, with FedEx®. If You believe that You need additional insurance, then it is your responsibility to obtain such additional insurance at your expense before sending us your Merchandise. For additional insurance information You can contact our sales department at 1-800-327-7938 or sales@metallixdirectgold.com

B. Self Shipping option: You can choose to ship your Merchandise at your own risk and expense by choosing the “Self-Shipping” option on our website or making a telephonic request for us to send to You a shipping label, packing list (including this Agreement) and instructions, all of which You agree to use. If You decide not to use a FedEx® shipping method provided by us, You agree to pay your own costs for all inbound shipping expenses, including insurance for your Merchandise for full value with the shipper, arrange for package tracking, and waive any and all claims against us for any loss or damage to the Merchandise during transit. If You fail to insure your Merchandise under this Self Ship Option, You are solely responsible for the loss or damage of any Merchandise.

C. Risk of Loss. If you have elected to ship the Merchandise to us yourself, You have all risk of loss or damage to the Merchandise during shipment to or from us. We have no liability to You for Merchandise that is stolen, lost, missing, destroyed or damaged during shipment and we do not assume any liability. Our description of the contents of your shipment of Merchandise shall be conclusive and You agree not to dispute our description. You must make all claims for lost, missing, stolen, damaged or destroyed Merchandise against the shipper – not us. If You do not receive any written or telephonic notices from us within 5 Business Days of your shipment of the Merchandise to us, You should (i) assume that we have not received or accepted your Merchandise and (ii) call the shipper to assert your claims. You have the burden of proving that we accepted your shipment and/or that the shipment contained any Merchandise.

8. RECEIPT AND PROCESSING OF MERCHANDISE.

A. Receipt of Merchandise. We reserve the right, in our sole discretion and with notice to You, to reject any inbound package that appears to have been tampered with prior to its delivery to us. If we reject any inbound package, such package will not be deemed to have been “received” by us and return to You with contents insured up to $1000. If we accept receipt of your package, we will enter your Merchandise into our database. Merchandise that we receive after 2:00 p.m. on any Business Day or on any Saturday, Sunday, state holiday in New Jersey or North Carolina or on a federal legal holiday will be considered to have been received on the next Business Day.

B. Record of Merchandise. If we accept receipt of your Merchandise, we will photograph or videotape our process of opening your shipment and the contents of each package of Merchandise that we receive from You.

C. Processing. Prior to determining if we will make any offer to purchase all or a portion of the Merchandise, You agree that we have the right and You expressly grant us the right to process and/or refine the Merchandise to the point at which we are able to evaluate its contents (“Processing”). Our Processing of the Merchandise may result in the Merchandise being returned to You in a different form and having a different volume or weight than the original form or weight of the Merchandise if we decline to make an offer or if we make an offer and You do not accept it. It is well known fact in the industry that processing results in the loss of weight and volume. You agree that we will have no liability to You for our modification of the form or loss in volume or weight of the Merchandise that results from our Processing.

9. OFFER, ACCEPTANCE AND PURCHASE.

A. Offer. After our Processing of your Merchandise, we will notify You by email, letter or recorded telephone call if we elect to purchase your Merchandise (“Offer”); we generally expect to notify You about an Offer or our decision to decline to provide an offer to You within five (5) Business Days after our acceptance of your Merchandise. PRIOR TO THE EXPIRATION OF THE ACCEPTANCE PERIOD, YOU RETAIN THE RIGHT TO REJECT OUR OFFER TO PURCHASE AND TO RECEIVE THE RETURN OF THE PROCESSED MERCHANDISE. If you reject our offer during the Acceptance Period, we expect to return your merchandise to You within 10 Business Days after the end of the Acceptance Period. You must accept or decline our Offer before the Acceptance Period expires by emailing us or calling us during our Business Hours. If You have not notified us of such rejection within the Acceptance Period, then You will be deemed to have accepted our Offer.

B. Acceptance/Rejection. If You decline our Offer within the Acceptance Period, then we will ship your Merchandise to You at the address You provided in the packing list accompanying your Merchandise. We will return the Merchandise via FedEx® Express Saver shipping at no cost to You, and insuring your Merchandise for up to the amount we offered. We are not responsible for any claims of loss or damage above the amount we offered for your returned Merchandise. Alternatively, upon your acceptance of our Offer (either affirmatively, or by failing to decline or accept the Offer by email or phone call to our offices during the Acceptance Period), and subject to your timely submission of Compliance Documents, if applicable, we will issue payment of our Offer to You according to the method You initially selected on our Website (also listed in Section 9.C. below) or stated in the packing list that accompanied your in-bound shipment of the Merchandise to us.

C. Method of Payment; Default Method of Payment. If You have not affirmatively selected one of the payment methods described below or on our website, You will receive our check in the amount of the Offer by regular US Postal Service. You should select one of the following methods of payments for your Merchandise on the packing list or when You make your electronic submission to us. You can also find Descriptions of these methods on our website.

  • Company check sent via United States Postal Service (“USPS”);
  • Company check sent via FedEx® Overnight shipping with the fee deducted from the payment of our purchase;
  • If You fail to select a method of payment, then You will receive a company check via USPS.

D. Responsibility for Knowledge of Payment Method. It is your responsibility to understand the terms and conditions of the method of payment that You select in addition to the charges, if any, that your bank or broker may charge. We do not accept any responsibility or liability if You have not given us the correct bank/brokerage account routing and account information.

E. Acknowledgement. If You (i) affirmatively accept the Offer by notifying us by email or phone call within the Acceptance Period or (ii) accept the Offer by failing to decline or accept the our Offer within Acceptance Period, You acknowledge and agree that the Transaction is final and irrevocable and agree to accept payment by the method You selected or based on Section 9.C. Upon such acceptance and our payment to You, You agree that we will (i) irrevocably own the Merchandise without any further obligation to You and (ii) have the right to destroy it in accordance with our procedures, including melting and refining. Your acceptance of or failure to decline our Offer and our payment to You transfers all ownership of the Merchandise to us and extinguishes any rights or claims You might have in or to the Merchandise, including any right that You may have had before expiration of the Acceptance Period to decline the Offer or claim that the Merchandise should be returned to You.

10. ELECTRONIC SIGNATURE; ACCEPTANCE OF TRANSACTION.

A. Electronic Signature. FOR PURPOSES OF THE TRANSACTION THAT YOU CONDUCT VIA EMAIL OR ON OUR WEBSITE, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, RECEIPT OF NOTICES BY E-MAIL, USE OF ELECTRONIC CONTRACTS, AND YOU AGREE TO ACCEPT THESE TERMS AND CONDITIONS BY ELECTRONIC MEANS. YOU ALSO AGREE THAT CLICKING THE SUBMIT BOX AT THE END OUR TRANSACTION FORM CONSTITUTES YOUR ELECTRONIC SIGNATURE. You also agree that You have the sole responsibility and liability for failing to secure access to your electronic signature and for any third party’s use of your electronic signature.

B. Failure to Execute Transaction Forms as Required. If You are conducting the Transaction with us using paper forms, You agree to execute and deliver a signed copy of this Agreement to us along with your packing list. Despite your failure to execute this Agreement as we require, You agree that your shipment of Merchandise to us without signature constitutes your complete acceptance and ratification of the terms and conditions contained in this Agreement.

C. If You do not accept the terms and conditions of this Agreement, You should not ship any Merchandise to us.

11. LIMITATION OF LIABILITY. IF YOU PROVE THAT WE BREACHED THIS AGREEMENT OR ARE LIABLE TO YOU UNDER ANY THEORY OF LAW OR EQUITY, YOU AGREE THAT OUR SOLE AND EXCLUSIVE LIABILITY TO YOU FOR ANY CLAIMS OR ACTIONS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER ANY LEGAL OR EQUITABLE THEORY, SHALL NOT EXCEED THE LESSER OF OUR OFFER TO YOU FOR THE MERCHANDISE OR $1,000 PER TRANSACTION. YOU AGREE THAT WE WILL NOT BE LIABLE FOR (A) INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF PROFIT, LOSS OF OPPORTUNITY, OR ANY OTHER SPECULATIVE DAMAGES; (B) CLAIMS, DEMANDS, OR ACTIONS FOR SUBROGATION BROUGHT BY YOUR INSURANCE CARRIER, AND YOU EXPRESSLY AND SPECIFICALLY WAIVE ANY SUBROGATION CLAIMS ON YOUR BEHALF AS WELL AS ON BEHALF OF YOUR INSURANCE CARRIER.

12. NO WARRANTIES. WE MAKE (A) NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED TO YOU OR ANY THIRD PARTY AND EXPRESSLY DISCLAIM ANY WARRANTIES OF FITNESS FOR PURPOSE OR MERCHANTABILITY AND (B) NO REPRESENTATIONS REGARDING ANY RECOVERY FROM OR THE CONTENT OF THE MERCHANDISE.

13. YOUR INDEMNIFICATION OF US. You agree to defend in the first instance, indemnify and hold us and/or any third party in contact with the Merchandise harmless against any and all actions, proceedings, losses, claims, costs, damages and expenses whatsoever, including without limitation, loss of life, personal injury or damage to property that directly or indirectly relates to this Agreement, including without limitation, defects or health hazards in Merchandise, your failure to comply with RCRA or any other applicable laws, your breach of the warranties, your failure to maintain adequate or any records, claims against the Merchandise by any third party, any inadequate, false or misleading instruction/information that You or anyone on your behalf supplied to us in connection with any Merchandise or any Transaction.

14. MISCELLANEOUS.

A. Accuracy of Records. You affirm that each of the email address, physical address, and telephone numbers (“Contact Information”) You have provided are accurate and complete and agree that You have the sole responsibility to provide us with any current or updated Contact Information. We assume no liability for your failing to provide accurate, complete and current Contact Information to us.

B. Notice. You agree that (i) if we are obligated to notify You under this Agreement, we may provide notice in any of the following manners: by email to the email address provided, by regular mail to the physical address You provided or by telephone (including leaving a message on your voice mail or answering machine) and (ii) our provision of any such notice will be effective upon our delivery of it to You. Unless the Agreement permits You to provide notice to us in a different fashion, You must provide us with written notice by email or by speaking to one of our representatives during Business Hours on a Business Day.

C. Change of Carriers. In the event of any strike, disruption of service, or any other problems that we might encounter with FedEx® shipping, we reserve the right in our discretion to replace FedEx® shipping with shipping by another carrier.

D. Choice of Law and Jurisdiction; Jury Waiver. You agree that your rights, obligations and performance and our rights, obligations and performance under this Agreement will be governed by internal laws of the State of New Jersey, including without limitation, the Uniform Commercial Code in effect in the State of New Jersey. You also agree that any suit, action, or proceeding arising out of, or relating to this Agreement shall be conducted exclusively in the Superior Court of the State of New Jersey or the United States District Court for the District of New Jersey. You and we consent to the jurisdiction of those courts, waive any objections to the venue of any such suit, action, or proceeding in any of those courts, and waive any claim that any of those courts is an inconvenient forum. To the extent permitted by applicable law, You and we agree that any litigation between us shall be resolved by a judge and not by a jury. You and we understand the consequences of the waiver of a jury trial and make such waiver knowingly and voluntarily.

E. Right to Modify. Regardless of any contrary provision in this Agreement, we have the right, in our sole discretion, to suspend or extend any time frame specified above, and/or request additional documents or information from You if (a) we are complying with any applicable local, state, or federal law, ordinance, or regulation or (b) we encounter technical difficulties in connection with our website or operations or any delays attributable to acts of God, including but not limited to fires, hurricanes and other storms.

By clicking Submit on the Metallix Transaction form or by submitting Your Merchandise to us, You agree to all of the terms and conditions set forth in this Agreement without any modification by You.

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