Terms & Conditions
The following General Terms & Conditions (“T&C”) apply to all dealings and transactions between the customer and its affiliates, successors, predecessors, subsidiaries, and related entities (collectively, “Customer”); and MG Metals, LLC, its parent, subsidiaries, affiliates, and their respective successors, predecessors, and related entities (collectively, “MG Metals”). Customer and MG Metals agree to be bound by each and all of these T&C
1. ARBITRATION. CUSTOMER AND MG METALS AGREE THAT ANY CONTROVERSY, CLAIM OR DISPUTE BETWEEN CUSTOMER AND MG METALS ARISING IN ANY WAY FROM ANY DEALING(S) OR TRANSACTION(S) BETWEEN CUSTOMER AND MG METALS OR FROM THESE T&C, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, (COLLECTIVELY, A “DISPUTE”) MUST BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT, IF APPLICABLE, OR OTHERWISE PURSUANT TO THE TEXAS GENERAL ARBITRATION ACT, CONDUCTED IN THE ENGLISH LANGUAGE BEFORE A SINGLE ARBITRATOR IN DALLAS COUNTY. AT THE OPTION OF THE FIRST PARTY TO FILE AN ARBITRATION, THE ARBITRATION WILL BE ADMINISTERED BY EITHER JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES & PROCEDURES, OR BY THE AMERICAN ARBITRATION ASSOCIATION PURSUANT TO ITS RULES AND PROCEDURES FOR COMMERCIAL ARBITRATION. THE ARBITRATION WILL ALSO BE GOVERNED BY THE APPLICABLE PROVISIONS OF THESE T&C. CUSTOMER AND MG METALS AGREE TO MAINTAIN THE CONFIDENTIAL NATURE OF THE ARBITRATION PROCEEDING (INCLUDING HEARINGS) AND THE AWARD, EXCEPT AS NECESSARY IN CONNECTION WITH A JUDGMENT ENTRY ON AN AWARD, A JUDICIAL CHALLENGE TO AN AWARD OR ITS ENFORCEMENT, OR UNLESS OTHERWISE REQUIRED BY LAW OR JUDICIAL DECISION. THE ARBITRATOR DOES NOT HAVE AUTHORITY TO (a) RENDER A DECISION WHICH CONTAINS A REVERSIBLE ERROR OF STATE OR FEDERAL LAW, OR (b) APPLY A CAUSE OF ACTION OR REMEDY NOT EXPRESSLY PROVIDED FOR UNDER EXISTING STATE OR FEDERAL LAW. MG METALS DOES NOT CONSENT TO ANY CLASS ARBITRATION OR REPRESENTATIVE ARBITRATION PROCEEDING. CUSTOMER AND MG METALS WAIVE ANY RIGHT TO ARBITRATE ANY DISPUTE OR TO PURSUE RELIEF AGAINST THE OTHER IN A CLASS ARBITRATION OR OTHER REPRESENTATIVE PROCEEDING, AND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY. FURTHER, UNLESS MG METALS AND CUSTOMER AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. ANY DECISION RENDERED IN SUCH ARBITRATION IS BINDING ON EACH PARTY, AND JUDGMENT MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. FEES AND EXPENSES OF THE ARBITRATOR AND ARBITRATION WILL BE DIVIDED EQUALLY BETWEEN THE PARTIES. CUSTOMER AND MG METALS WILL EACH BE RESPONSIBLE FOR THEIR OWN ATTORNEYS’ FEES AND COSTS, AND THE ARBITRATOR HAS NO DISCRETION TO SHIFT ATTORNEYS’ FEES OR COSTS OF CUSTOMER TO MG METALS; PROVIDED, HOWEVER, THAT IN THE EVENT OF DEFAULT BY CUSTOMER UNDER A FORWARD TRANSACTION (AS DESCRIBED IN PAR. 13), CUSTOMER WILL BE RESPONSIBLE FOR ALL LEGAL AND OTHER EXPENSES INCURRED BY MG METALS (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES AND COSTS AND ANY ARBITRATION FEES AND COSTS) AS A RESULT OF SUCH DEFAULT. IF CUSTOMER BRINGS AN ACTION AGAINST MG METALS IN ANY PROCEEDING OTHER THAN INDIVIDUAL ARBITRATION AS REQUIRED BY THESE T&C, OR UNSUCCESSFULLY CHALLENGES OR FAILS TO COMPLY WITH THE ARBITRATOR’S AWARD, THEN CUSTOMER WILL BE RESPONSIBLE FOR ALL LEGAL AND OTHER EXPENSES INCURRED BY MG METALS (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES AND COSTS) IN COMPELLING ARBITRATION, ENFORCING THIS ARBITRATION PROVISION OR DEFENDING OR ENFORCING THE ARBITRATION AWARD.
2. Customer is solely responsible and liable for insuring and shipping its precious-metal and gem/stone-bearing products (collectively, the “Material”) to MG Metals.
3. Customer will provide a separate, completed MG Metals packing list (or equivalent) with each submitted lot that includes a complete description of the contents (condition, quantity and gross/tare/net weights), MG Metals-assigned contract number, services requested, and declared value of any gems/stones to be removed. MG Metals is not responsible for any loss or damage claimed if Customer fails to provide the required packing-list information.
4. Customer must ship Material to MG Metals in containers sufficiently secure to ensure the contents’ integrity during transit, properly package and label Material in accordance with the Hazardous Materials Transportation Act and other applicable rules and regulations, and ensure each container containing Material that may be considered toxic or hazardous has appropriate hazard warnings and reflects Customer’s identity. MG Metals assumes no responsibility for Material that arrives in unsecured, damaged or unlabeled containers (“Defective Material”).
5. Customer must not ship or deliver to MG Metals any Material that is radioactive, contains asbestos or is hazardous to human health, including but not limited to beryllium, mercury, thallium, cadmium, iron, lead, selenium, tellurium, zinc, antimony, sulphur, nickel, acrylonitrile, arsenic, benzene, coke-oven emissions, ethylene oxide, isocyanides, silica, and vinyl chloride.
6. MG Metals has the unconditional right and discretion to reject Customer’s Material (“Rejected Material”) at any time, for any or no reason whatsoever, and return it to Customer at Customer’s cost in its pre- or post-processed form, and have no further obligation or liability to Customer therefor. If Customer fails to arrange at Customer’s expense for the return or disposal of Rejected or Defective Material within thirty (30) days after the Material’s receipt by MG Metals, then MG Metals will have the right to dispose of said Material in any way MG Metals deems appropriate at Customer’s expense, without MG Metals incurring any liability to Customer therefor.
7. Customer represents and warrants to MG Metals that: (a) Customer has good and marketable title to Material, and full authority to sell and transfer Material; (b) the Material is sold free and clear of any liens, encumbrances, liabilities and adverse claims of any kind, and Customer will fully defend, protect, indemnify and hold MG Metals harmless from any adverse claim thereto; (c) none of the Material that Customer provides to MG Metals will originate from, relate to, further, or be involved or derived in any way from any type of activity that is criminal, illegal, illicit, or otherwise prohibited; (d) transactions initiated by Customer will not cause MG Metals to be in violation of any anti-money laundering, anti-terrorism or anti-bribery law of the U.S. or any foreign country; (e) Customer has applied for, received and operates under all applicable licenses (e.g., pawn, secondhand dealer, precious metal dealer) required by each city, county and state where it transacts business; (f) Customer states, under penalty of perjury, that Customer has previously complied with all applicable holding and reporting requirements, anti-money laundering requirements and U.S. Customs regulations, relating to the Material; (g) Customer has paid all applicable duties relating to Material; (h) Customer has in place a written anti-money laundering program or is statutorily exempt from this requirement; (i) the Material that Customer sells to MG Metals does not originate from one of the “Covered Countries” as defined by 17 Code of Federal Regulations (CFR) 240 and 249b relating to Conflict Minerals; and (j) Customer is a commercial entity or proprietor with experience in the precious-metals industry.
8. The rights and obligations of MG Metals and Customer provided for in these T&C, whether sounding in contract, tort or otherwise, will be governed and construed in accordance with the laws of the State of Texas, excluding that state’s choice-of-law principles.
9. INDEMNITY. AS A CONDITION OF DOING BUSINESS WITH MG METALS, CUSTOMER AGREES THAT IF CUSTOMER FAILS TO COMPLY WITH ANY OF ITS OBLIGATIONS, REPRESENTATIONS OR WARRANTIES HEREIN, CUSTOMER WILL INDEMNIFY, DEFEND AND HOLD MG METALS HARMLESS FROM ANY AND ALL INJURIES, COSTS, SUITS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES, EXPERT FEES, AND ALL COSTS OF DEFENSE OF SUCH CLAIMS, INCLUDING ALL LIABILITIES, CONSEQUENTIAL LOSSES, FINES, PENALTIES, JUDGMENTS, SETTLEMENTS, LOSSES, COSTS OF STORAGE/ HANDLING/ DISPOSAL/ DECONTAMINATION, PUNITIVE OR EXEMPLARY DAMAGES, STATUTORY DAMAGES AND CLAIMS BY ANY STATE, THE U.S. GOVERNMENT OR THEIR AGENCIES, THAT MG METALS MAY INCUR AS A RESULT OF SUCH FAILURE BY CUSTOMER. CUSTOMER ALSO AGREES TO INDEMNIFY AND HOLD MG METALS HARMLESS FROM ALL INJURIES, COSTS, SUITS AND EXPENSES ARISING OUT OF INJURIES TO PERSONS OR LOSS, DAMAGE OR DESTRUCTION OF PROPERTY, INCLUDING PROPERTY OR MATERIAL OF CUSTOMER, IN CONNECTION WITH OR TO HAVE ARISEN OUT OF TRANSACTIONS WITH MG METALS, REGARDLESS OF WHETHER CLAIMS OR ACTIONS ARE FOUNDED IN WHOLE OR IN PART UPON THE ALLEGED NEGLIGENCE (WHETHER SOLE, JOINT OR CONCURRENT), GROSS NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL FAULT OF MG METALS.
10. If MG Metals makes a typographical, mathematical or other error in its calculation of purchase-offer price or its payment to Customer for the Material, or if an MG Metals representative makes an unauthorized purchase offer (collectively, an “Error”), then Customer agrees to take all steps requested by MG Metals to rectify the Error(s) and to indemnify and hold MG Metals harmless from and against all damages or liability arising from such Error(s).
11. Customer expressly agrees and acknowledges that it must notify MG Metals in writing within 95 days after receipt of its statement or payment (whichever is sooner) of any Dispute, otherwise Customer is forever barred from bringing a claim against MG Metals for loss, damage, or other relief relating to such Dispute.
12. Due to continually changing market prices, MG Metals offers to purchase or sell Material remain open only for the duration of the telephone call during which they are conveyed, and are thereafter withdrawn unless agreed in writing by MG Metals as “locked-in”. Spot prices are reasonably determined by MG Metals in its sole and absolute discretion, and are valid only for the duration of the telephone call during which they are conveyed. Any prices posted on MG Metals websites are for informational purposes only and do not constitute offers to buy or sell.
13. Forward Transactions. Customer’s agreement to sell Material to, or buy precious metal from MG Metals at a predetermined or “locked-in” price (e.g., “spot price” or LBMA Gold Price) constitutes a binding agreement. If Customer fails to deliver such forward-sold Material to MG Metals within 5 business days, or to deliver precious-metal payment within 5 business days after the lock-in date and timely thereafter consummate the transaction at the predetermined price, then (a) Customer must pay to MG Metals the difference between the Material’s locked-in price and the subsequent market price—occurring within 10 days after the lock-in date—as reasonably determined by MG Metals as an offsetting transaction; any market gains will belong to and inure to the benefit of MG Metals, and (b) MG Metals may cancel such transaction and sell the subject precious metal to other customers.
14. Pool Accounts. MG Metals may permit Customer to transfer possession of Material to MG Metals for subsequent sale at a price to be agreed by MG Metals and Customer. Customer agrees that MG Metals may at any time after receiving such Material, upon notice to Customer, require Customer to arrive at an agreed price for the Material and consummate the Material’s sale to MG Metals. If Customer fails to price and sell the Material to MG Metals within seven business days following such notice, then MG Metals may price the Material and consummate its sale to MG Metals at MG Metals’ sole discretion at any time during the subsequent seven business days based on the then-existing LBMA Gold, Silver, Platinum or Palladium Price, as applicable. Alternatively, MG Metals may elect, in its sole discretion, simply to return to Customer the same amount and type of Material that the Customer transferred to MG Metals. All pool-account purchases and returns are made on a first-in-firstout basis.
15. Customer grants to MG Metals a lien, security interest, and right of set-off upon and against any and all of Customer’s open accounts, pool accounts and Material (“Customer Assets”) in MG Metals’ possession, custody or control to secure payment and performance of any and all Customer indebtedness, liabilities and obligations to MG Metals of every kind and description (“Customer Obligations”). MG Metals may, in its sole discretion at any time, use Customer Assets to satisfy Customer Obligations, and MG Metals will incur no liability to Customer therefor.
16. MG Metals may charge Customer a flat rate for shipping Material or other items to Customer. Customer acknowledges that MG Metals’ flat-rate shipping fee may exceed the actual fee charged by the company used for shipping.
17. MG Metals is not liable for delay or non-performance caused, in whole or in part, by the occurrence of any contingency beyond its control, including without limitation transportation failure or delay, natural disaster, epidemic, pandemic, or shortage of materials.
18. These T&C supersede all prior agreements, terms, conditions, understandings and arrangements between MG Metals and Customer, and constitute the entire agreement and understanding between MG Metals and Customer concerning the subject matter hereof. There are no other agreements, representations or warranties regarding this subject matter except those specifically set forth herein. These T&C may only be modified or amended by written instrument duly executed by MG Metals and Customer, and cannot be modified or amended by the terms of purchase orders, packing lists, or other documents issued unilaterally by Customer. No provision of these T&C will inure to the benefit of any third person so as to constitute such person a third-party beneficiary hereto or give rise to any cause of action in any such person.
19. If any provision of these T&C is found by a court of competent jurisdiction or an arbitrator to be wholly or partly invalid, the remaining provisions will nonetheless be valid and enforceable.
20. The waiver by MG Metals of any Customer breach of these T&C or forbearance of MG Metals to enforce its rights hereunder will not operate or be construed as a waiver of any subsequent breach by Customer or a waiver of other MG Metals rights.
21. Customer authorizes MG Metals to make such credit, criminal and other background investigations of Customer as MG Metals deems appropriate.
22. All Customer payments received by MG Metals in exchange for the shipment of Material to Customer constitute contemporaneous exchanges for new value within the meaning of section 547(c)(1) of the United States Bankruptcy Code. Transactions between Customer and MG Metals involving the purchase and sale of Material (a) are made in the ordinary course of the business and financial affairs of Customer, and (b) consist of transfers made in the ordinary course of the business or financial affairs of Customer and MG Metals. Further, such transactions are made pursuant to ordinary business terms.
23. Customer agrees that if Customer dies or becomes incapacitated or incompetent during a pending transaction with MG Metals, then MG Metals will have the sole discretion to (a) terminate the pending transaction and reclaim any Material or monies provided to Customer and for which MG Metals did not receive the agreed consideration, or (b) require the completion of the pending transaction through Customer’s authorized agent, representative or estate.
24. UNDER NO CIRCUMSTANCES WILL MG METALS BE LIABLE TO CUSTOMER FOR LOST PROFITS; DAMAGE TO REPUTATION; LOST BUSINESS OPPORTUNITY; INTEREST; ATTORNEYS’ FEES; OR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES INCURRED BY CUSTOMER FOR BREACH OF ANY OBLIGATION ARISING OUT OF OR RELATING TO THE TRANSACTIONS CONTEMPLATED HEREIN. IN ADDITION TO THE INDEMNITY OBLIGATIONS SET FORTH IN PAR. 9, CUSTOMER AGREES THAT MG METALS’ MAXIMUM, TOTAL LIABILITY TO CUSTOMER FOR ANY TRANSACTION, OR FOR LOSS OF OR DAMAGE TO MATERIAL, INCLUDING BUT NOT LIMITED TO ANY DAMAGE OCCURRING DURING HANDLING, PROCESSING, OR SHIPPING, WILL BE LIMITED TO THE LESSER OF: A) CUSTOMER’S DECLARED TOTAL VALUE OF MATERIAL FOR SHIPPING PURPOSES, B) THE AMOUNT PAID BY CUSTOMER FOR THE MATERIAL, OR C) WITH RESPECT TO GEMS/STONES, THE AMOUNT OF FEES PAID BY CUSTOMER TO MG METALS FOR REMOVAL SERVICES, NOT TO EXCEED $500.
25. DISCLAIMER OF WARRANTIES. CUSTOMER AGREES THAT NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WILL BE BINDING UPON MG METALS UNLESS EXPRESSED IN WRITING HEREIN. MG METALS SPECIFICALLY DISCLAIMS AND CUSTOMER ACKNOWLEDGES AND ACCEPTS THAT MG METALS DISCLAIMS ALL WARRANTIES, CONDITIONS, GUARANTEES AND REPRESENTATIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF GOOD AND WORKMANLIKE PERFORMANCE; MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; SATISFACTORY QUALITY; WARRANTIES ARISING FROM A COURSE OF DEALING, LAW, USAGE OR TRADE PRACTICE; REPRESENTATIONS RELATING TO MG METALS’ EVALUATION OF MATERIAL’S PRECIOUS-METAL CONTENT, LIKELY RECOVERY OF PRECIOUS METAL, OR WEIGHT DETERMINATION; FORWARD CONTRACTS ENTERED INTO BY MG METALS; SERVICES PROVIDED BY MG METALS; OR ANY OTHER ASPECT OF CUSTOMER’S DEALINGS OR TRANSACTIONS WITH MG METALS.
26. CUSTOMER EXPRESSLY REPRESENTS, WARRANTS, DECLARES AND AGREES THAT (A) IT IS A COMMERCIAL ENTITY OR PERSON WITH EXPERIENCE IN THE PURCHASE AND SALE OF PRECIOUS METAL, (B) IT HAS MADE ITS OWN, INDEPENDENT EVALUATION OF THE PRECIOUS-METAL CONTENT, WEIGHT AND OTHER ASPECTS OF THE MATERIAL THAT IT SEEKS TO SELL TO MG METALS, AND (C) CUSTOMER HAS RELIED ON ITS OWN KNOWLEDGE OF THE MATERIAL IN MAKING ITS DECISION TO SELL SUCH MATERIAL TO MG METALS AT MG METALS’ OFFERED PURCHASE PRICE. CUSTOMER HEREBY EXPRESSLY WAIVES ANY AND ALL CLAIMS FOR LOSS OR DAMAGES AGAINST MG METALS ARISING OUT OF ANY MG METALS EVALUATION OR PURPORTED REPRESENTATION RELATING TO THE MATERIAL’S PRECIOUS-METAL CONTENT OR WEIGHT.
27. Customer consents to the recording of all telephone conversations it has with MG Metals.
28. MG Metals’ prices and purchase offers do not include any taxes. Customer is solely responsible for all taxes, customs, charges, fines, assessments or other duties that may apply to transactions with MG Metals.
29. To assist MG Metals in generating its purchase offer for Customer’s Material, MG Metals may evaluate the Material and determine a spot price, each in its sole discretion. Customer agrees and consents to MG Metals melting or otherwise transforming the Material as part of MG Metals’ evaluation. MG Metals may evaluate the Material via any means it wishes.
30. MG Metals will provide Customer a statement reflecting its purchase offer for Customer’s Material. This statement may also reflect MG Metals’ offered “spot” price and Material evaluation which MG Metals used in arriving at its offered purchase price for the Material. Spot prices are subject to change without notice unless locked-in by Customer as a Forward Transaction in accordance with par. 13. Any precious-metal quantities or percentages listed on MG Metals statements reflect MG Metals’ internal estimate of the recoverable precious metal in the Material and are not intended as a representation to Customer of the Material’s actual content or amount of recoverable precious metal.
31. ALL SALES FINAL. Customer acknowledges that it is free to accept or reject MG Metals’ purchase offer for Customer’s Material. By accepting MG Metals’ payment for Material, Customer acknowledges and agrees as a condition to the sale that: (a) the purchase offer is acceptable, fair and reasonable to Customer, irrespective of MG Metals’ evaluation of the Material, the criteria used by MG Metals in formulating its offer price, or precious-metal-recovery evaluations performed by others on the Material, (b) Customer is a commercial entity with experience in precious-metal valuation, (c) in making its decision whether to accept or reject MG Metals’ purchase offer, Customer is relying on its own experience in the precious metals industry and its independent assessment of market conditions and the Material’s anticipated amount of recoverable precious-metal, and (d) the sale of Customer’s Material to MG Metals is final, and MG Metals will have no further obligation or liability to Customer with respect to the Material. If Customer disputes the sale of its Material after lock-in or accepting payment from MG Metals, then Customer will reimburse MG Metals for any market loss incurred by MG Metals relating to the Material.
32. EXCLUSIVE REMEDIES. If Customer rejects MG Metals’ purchase offer for Material, then Customer’s exclusive remedy regarding the proposed transaction is the return of its Material, in accordance with par. 6.
33. MG Metals’ obligations to Customer are limited to those metals for which Customer requested refining services and paid applicable fees. MG Metals has no obligation to Customer regarding any other metals or content in the Material and reserves the right to dispose of, maintain, sell or otherwise utilize purchased Material as MG Metals sees fit.
34. Customer acknowledges and agrees that there are inherent, unavoidable risks of damage and loss associated with removing gems and stones, and that MG Metals reserves the right to remove gems/stones using the method that MG Metals selects in its sole discretion. Customer agrees that any damage to or loss of gems/stones is subject to the LIMITATION OF LIABILITY set forth in par. 24.
35. If Customer fails to arrange at Customer’s expense for the return or other disposal of Rejected Material, Defective Material or other Material in MG Metals’ possession that Customer has not agreed to sell to MG Metals within 30 days after the Material’s receipt by MG Metals, then MG Metals has the right to dispose of the Material in any way MG Metals deems appropriate at Customer’s expense, without MG Metals incurring any liability to Customer therefor.
36. Customer has 5 business days to accept or reject MG Metals purchase bids for gemstones. If rejected, MG Metals will ship the gemstones back to Customer, at MG Metals’ cost. If accepted, MG Metals will remit payment to Customer. MG Metals may refuse to provide a bid to Customer. Customer may elect to be paid via ACH transfer (free) or, upon request, via wire transfer (fee).
37. Gemstones sold by MG Metals without documented certifications are graded based solely on MG Metals’ grading standards. Gemstones will be shipped after MG Metals receives Customer’s payment.
38. Customer may return gemstones purchased from MG Metals within 5 business days after Customer’s receipt thereof for a refund if Customer returns the purchased gemstones in the same condition, in their original packaging, and with certification paperwork, if any. If certification paperwork is not included with Customer’s return shipment, then a $250 return fee will be charged to Customer.
39. Gemstone Shipping. MG Metals generally ships gemstones sold to Customers within 3 business days after clearance of payment funds, using UPS, FedEx, U.S. Postal Service or other carrier’s (chosen at MG Metals’ sole discretion) 2-day air delivery. Customer may elect shipping other than 2-day air at Customer’s cost. Shipments are made to Customer’s on-file address unless the Customer’s owners/principals provide written instructions for an alternate delivery address. Customers may personally deliver or ship gemstones sold to MG Metals. To qualify for MG Metals payment of Customer’s shipping fees via UPS, FedEx, U.S. Postal Service or other shipping service (as chosen in MG Metals’ sole discretion), Customer must carefully follow MG Metals’ shipping instructions. Failure to do so will result in Customer’s responsibility for payment of shipping, and relieve MG Metals of any and all responsibility for loss or damage.
40. Bullion Trades. All transactions must be conducted live with an MG Metals representative. MG Metals has no responsibility or liability for transaction requests place by voicemail, email or other automated means. MG Metals may refuse Customer orders for any or no reason.