ALINANI Precious Metal Refining Standard Refining Conditions
Set forth below is the updated Standard Refining Conditions that applies to all refining performed by Alinani Precious Metal Refining, Ltd along with a statement concerning the USA Patriot Act. This policy supersedes all prior policies and understandings regarding refining matters. The USA PATRIOT Act, is designed to detect, deter, and punish terrorists in the Alinani States and abroad. The Act required by the Department of the Treasury prescribes regulations that will establish minimum standards for the identification and verification of customers in connection with the acceptance of refining material. These regulations 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 information such as name, physical address, and identification number. Customer information will be kept confidential. This information will not be shared with anyone outside of our company and federal law requires us to safeguard customer personal information.
- 1.Interpretation. In these conditions, unless the context otherwise requires: "The Material" means all substances and material delivered to us by the customer for refining;
- 2.Acceptance and Variation. These conditions shall apply to all our contracts for refining subject to any variations agreed by us in writing through one of our authorized personnel. Any quotes for refining shall only be valid for a period of six (6) months from the date of the quote. If the terms and conditions stated in the customer's order are inconsistent with these conditions, or if they contain a provision purporting to override these conditions, our acknowledgement of order shall constitute a counter-offer and the customer shall be deemed to have accepted these conditions unless the customer notifies us to the contrary within 7 days after the date of dispatch of our acknowledgement of order. In such event, the formation of a contract shall be subject to negotiation.
- 3.Warranty. The customer warrants that it is the sole legal beneficial owner of the Material free from all liens, charges and encumbrances or other adverse rights or interests whatsoever.
- 4.Licenses. This contract is subject to all necessary licenses being granted to the parties
- 5.Health and Safety. The customer shall ensure that the Material, so far as is reasonably practicable, that the substance is safe and without risks to health when properly used. The customer shall also give adequate information about the physical and chemical nature of the Material and indicate any possible hazards that may arise during treatment. We will not accept Material which is radioactive or, except by special arrangement, which: 5.3.1-is explosive; 5.3.2-is liable to spontaneous combustion; 5.3.3-contains organo-metallic compounds; or 5.3.4-contains deleterious or penalty elements as specified in the specific terms of the contract.
- 6.Packing. The customer shall ensure that all Material is packed safely and securely so as to conform with any laws, rules or regulations governing the transport of goods. In particular, Material likely to contain substances of a hazardous nature must be clearly marked as such with appropriate warning labels giving as much information as is practicable. Inadequately labeled Material may be held after receipt pending further information on their content. Any delays incurred as a result will be added to the quoted date for metal availability. Unless otherwise agreed, packing shall be non-returnable. The cost of packing material and containers shall be the responsibility of the customer.
- 7.Indemnities. 7.1 The customer shall indemnify us and/or any third party to whom we may sub-contract the work which is the subject of this contract ("the Work") against any and all actions, proceedings, losses, claims, costs, damages and expenses whatsoever: 7.1.1 in respect of loss of life, personal injury or damage to property arising directly as a result of: (a) any defects or health hazards in the Material; or (b) any instruction or false or misleading information given or supplied by the customer in connection with the execution of the Work; 7.1.2 resulting from the customer's warranty under paragraph 3 being untrue in any respect. 7.2 Nothing contained in condition 7.1.1 shall exclude or restrict any liability for death or personal injury resulting from our negligence or that of our employees. 7.3 The customer hereby appoints us as its agents for the purpose of granting an indemnity in identical terms to that contained in this condition 7 by the customer to any third party to whom we sub-contract the Work.
- 8.Delivery, Risk and Insurance 8.1 Materials shall be delivered free to our works as specified in the contract between 8.30am and 4.30pm Eastern Standard Time Mondays to Fridays, 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 works in the presence of our duly authorized agent. The customer shall insure the Material. 8.2 Unless otherwise agreed, the value of such insurance shall be based C.I.F. plus a margin of 10%.