Electrum Inc. Precious Metal and Solder Dross Refining Conditions
- Conditions, as outlined throughout, govern the Generator (Customer) and Refiner (Electrum) quotations, terms, transaction, and relationship.
- These conditions shall apply to all quotations/terms submitted by the Refiner to the Generator for refining service rendered. All quotations for refining are valid for (90) days after submission unless otherwise stated by the Refiner. If the terms and conditions stated in the Generator’s order are inconsistent with these conditions, or if they contain a provision purporting to override these conditions, our acknowledgement to override or adjust will be subject to Refiner explicitly, in writing on corporate letterhead, agreeing to adjusted terms and conditions.
- 3. The Generator 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.
- “Material”- means all substances and material delivered to Refiner by Generator for refining
- Health and Safety.
5.1 Generator shall ensure that the Material, as far as understood, is safe and without risks to health during shipment and refining process.
5.2 The Generator shall also give accurate information about the physical and chemical nature of the Material and indicate any possible hazards that may arise during treatment. SDS and MSDS to be submitted by Generator if applicable.
5.3 We will not accept Material which is radioactive, explosive or liable to spontaneous combustion unless agree upon prior to receipt of material. Agreement must be made by Refiner in writing on corporate letterhead.
- Packing.
6.1 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 by Generator. Any delays and costs incurred by Refiner as a result will be added to the quoted date for metal availability and charges deducted accordingly. Unless otherwise agreed, packing shall be non-returnable. The cost of packing material and containers shall be the responsibility of the Generator.
- Indemnities.
7.1 The customer shall indemnify Refiner and/or any third party we may sub-contract the work to which is the subject of this contract (“the Work”) against 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:
- any defects or health hazards in the Material; or
- any false or misleading information given by the Generator 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 Generator hereby appoints Refiner as its agent for the purpose of granting an indemnity in identical terms to that contained in this condition 7 by the Generator to any third party to whom we sub-contract the Work.
- Delivery, Risk and Insurance
8.1 The Material shall remain at the Generators risk until completion of unloading at our works in the presence of our authorized plant manager.
- Documentation.
9.1 All Materials shall be accompanied with any advice or delivery note giving the gross, tare and net weight of each container and a description of the contents. The Generator must guarantee prior to delivery of the Material that we receive full instructions as to which elements must be determined through analytical means. Upon release of the Material into our refining process the Generator shall have no further rights in respect of any Material for which full notice was not submitted prior to delivery, or any proceeds arising from sale of Material.
9.2 The Generator must, take back Material shipped to Refiner for recovery if the elements present, weight shipped, nature of do not match Generator’s description. Refiner holds all rights pertaining to consumption of Material and time needed in order to determine whether Generator’s Material description is accurate.
- Weighing and Sampling.
10.1 All Materials shall be weighed gross, tare, net on receipt. All Materials will be sampled in accordance to Generator’s Material description.
10.2 Upon completion of our sampling, Material will be transferred for processing unless otherwise instructed by Generator, in writing on corporate letterhead.
10.3 In the case such prior instruction was given, and Generator is dissatisfied with the outturn results, Generator is entitled to have material resampled at Generator’s expense.
10.4 Samples obtained at Refiner’s “works” shall be assayed by Refiner and any or all third-party laboratories contracted by Refiner.
- Form and Quality of Material.
11.1 Material may arrive at Refiner’s “works” in a form that requires extra sampling, handling, processing or contain elements that result in additional refining costs and charges. In addition to fees associated with Refiner’s quotation; Refiner reserves the right to add charges to the quotation/terms based on a variety of reasons including, but not limited to; Material mischaracterization by Generator, complexity, nature or composition of the Material, handling, processing, analysis or labor to complete the refining process. These charges can be paid by an increase in refining charge or a deduction of net payable content. Refiner will pay only on recoverable elements after all costs and charges associated with Refiner’s or third-party contractor process have been deducted.
11.2 If and where the quotation contains terms relating to specific metal recoveries and penalties for deleterious elements, terms will be applied to the net dry weight received by Refiner.
- Delivery Dates.
12.1 Refiner will make every effort to meet the date of outturn as quoted, though turnaround period is an estimate only. In no circumstance is the Refiner liable for any and all costs associated with exceeding quoted turnaround period.
- Payment.
13.1 Unless otherwise agreed upon, in writing on corporate letterhead, or unless payable content deducted by Refiner in accordance with section 11, prior delivery of refining charges as outlined by quotation/terms, must be rendered upon settlement.
13.2 Refiner holds the right to withhold delivery of metal or money due, until Generator has paid any and all outstanding debt associated with refining charge or prior agreement made by the Generator and Refiner. In the case of Generator default, Refiner holds complete discretion to sell Generator’s metal in a way to satisfy Generator indebtedness.
14. Material redelivery.
14.1 In the case a Generator’s material must be returned, Refiner is not responsible for returning Material as received at Refiner’s “works”. If sampling, sorting, or pre-refining prep has been conducted; Material will remain in this state prior to being returned to Generator.
- Jurisdiction.
15.1 Customer agrees transaction will be governed and construed in accordance with the laws of the State of New Jersey without regard to its principles of conflicts of law. The County of Union in the State of New Jersey is herby designated as the exclusive forum for any action or proceeding arising from, or in any way connected to the transaction(s) between Customer and Refiner.