Terms and Conditions
REFINING TERMS AND CONDITIONS
Set forth below are Terms And Conditions that apply to all refining performed by PMG REFINERS along with a statement concerning the USA Patriot Act.
USA PATRIOT ACT
After September 11, 2001, the US Congress enacted a series of requirements and authorizations intended to protect against money laundering used to help finance further acts of terrorism, including Section 352 of the Patriot Act, which requires that all "financial institutions" create and implement an anti-money laundering (AML) program. Under the Patriot Act "financial institutions" include "dealers in precious metals, stones or jewels." AML programs require manufacturers, refiners, wholesalers, retailers, and any other entity engaged in the business of purchasing and selling precious metals, precious stones, or jewelry to obtain certain basic customer identification information. In order to use this website and conduct business with our organization, you must provide that basic customer identification information required by the Patriot Act.
Please print and complete a copy of our Patriot Act Form. Customer identification information will be kept confidential. This information will not be shared with anyone outside of our organization, and federal law requires us to safeguard said customer identification information.
TERMS AND CONDITIONS
- Definitions.
- General.
- Ownership.
- Health and Safety.
- Packing.
- Indemnities.
- Delivery, Risk, and Insurance.
- Documentation.
- Weighing and Sampling.
- Assaying.
- Delivery Dates.
- Force Majeure.
- Applicable Law.
- Arbitration.
- Headings.
- Notices.
- Uninterrupted Use.
- Severability.
Material refers to all substances and material delivered to us by the customer for refining.
These terms and conditions shall apply to all our contracts for refining.
The customer represents and warrants that he or she is the sole legal owner of the Material free from all liens, charges, and encumbrances.
The customer shall ensure that the Material is safe and without risk to health. The customer shall also provide adequate information about the physical and chemical nature of the Material and indicate any possible hazards that may arise. We will not accept Material that is radioactive, explosive, or liable to spontaneous combustion.
The customer shall ensure that all Material is packed safely and securely so as to conform with any and all laws, rules, or regulations governing the transport of goods. Specifically, Material likely to contain substances of a hazardous nature must be clearly marked as such with appropriate warning labels. The cost of packing material and containers shall be the responsibility of the customer.
The customer shall indemnify PMG REFINERS and/or any third party to whom we may subcontract against any and all actions, proceedings, losses, claims, costs, damages, and expenses whatsoever arising as the result of any defects or health hazards in the Material or any false or misleading instructions or information given or supplied by the customer.
Material may be delivered to our refinery between the hours of 9:00 am to 5:00 pm (EST) Monday through Friday, public holidays excepted. All shipping charges are the responsibility of the customer. The Material shall remain at the customer's risk until completion of unloading at our refinery. The customer shall insure the Material per the Insurance Calculator on the shipping form.
All Material shall be accompanied by a description of the contents. Please print and complete a copy of our Shipping Invoice and include it with your Material.
All Material shall be weighed gross in grams upon receipt. Thereafter, all Material shall be weighed and sampled at our refinery in the usual technical manner. Upon completion of weighing, we shall release the material for processing.
Samples drawn shall be assayed at our refinery using state-of-the-art X-ray Analysis technology.
Under no circumstances shall we be liable for any loss of value (direct, indirect or consequential) sustained by the customer through market fluctuations or for any other cause whatsoever arising out of late delivery of Material.
In the event of the normal course of our operations being prevented, interrupted, hindered, delayed or rendered unduly expensive by any cause whatsoever beyond our control or by lockout by us of our own employees, we shall promptly give notice thereof to the customer and shall have the right to defer the performance of the contract for as long as such force majeure shall continue. If the duration of the force majeure shall exceed a period of 10 days and the parties, negotiating in good faith, cannot within a reasonable period thereafter agree on a new program for the performance of the contract, either party shall be entitled to cancel the contract by giving written notice to the other within 7 days after the expiration of the 10-day period.
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Michigan. The County of Oakland in the State of Michigan is hereby designated as the exclusive forum for any action or proceeding arising from or in any way connected to these terms and conditions.
Any controversy or claim arising from or in any way related to these terms and conditions shall be settled by arbitration in the County of Oakland, State of Michigan, in accordance with the rules of the American Arbitration Association. The arbiter's decision shall be final and judgment upon the award rendered may be entered in any court having jurisdiction thereof.
The headings used in these terms and conditions are for convenience only and shall not affect their interpretation.
Any notices to be served hereunder may be given by first class mail, facsimile, or email according to the information provided by the customer in the Patriot Act Form.
PMG REFINERS does not warrant that the customer's use of this website will be uninterrupted, always available, or error free. PMG REFINERS disclaims liability for, and no warranty is made, with respect to the availability of the website, including without limitation unavailability caused by heavy traffic, technical difficulties, or any outage or interruption of service.
If any provision of these terms and conditions is determined to be invalid under any applicable law or statute, that provision shall be deemed omitted, and the balance of these terms and conditions shall remain enforceable.
