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Client Agreement

General Terms & Conditions

  1. It is the responsibility of the owner(s) or an employee that acts on behalf of the owner(s) of the legal entity to add, delete, and manage other users and their responsibilities. You “The Customer” are responsible of their actions and activities.

  2. Unless Hi-Tech expressly agrees otherwise in writing, Customer will bear sole responsibility and liability for shipping its precious metal-bearing products, gem/stone- bearing products, and gems/stones (collectively, the "Materials") to Hi-Tech, and Customer will arrange for all shipments to be delivered to Hi-Tech PMR headquarters in Dallas, Texas. If utilizing Hi-Tech PMR shipping account with a carrier, Hi-Tech insurance policy between Hi-Tech PMR and the underwriter will be enforced.

  3. Customer will enclose a separate, current Hi-Tech packing list with each lot shipment that includes, without limitation, a description of the contents and weights (gross, tare and net weights, and itemization of gems/stones for recovery, as applicable). Hi-Tech shall not be liable for loss or damage claimed if Customer fails to complete Hi-Tech packing list on the Client Cloud Portal or filing the printable packing list form in its entirety or otherwise fails to convey clearly the Materials shipped and services requested.

  4. Hi-Tech reserves the right to reject and return Materials to Customer at Customer's expense.

  5. Customer will ship all Materials in containers secured by an adequate security seal that ensures the integrity of the Materials until they arrive at Hi-Tech premises. Hi-Tech assumes no responsibility for Materials that arrive without an intact security seal.

  6. If Hi-Tech receives Materials in a container that is damaged or compromised in any way ("Defective"), then Hi-Tech will contact the Customer in an attempt to agree upon how to handle the shipment. a) Hi-Tech reserves the right to reject all or any portion of a Defective shipment, in which case Customer will bear full responsibility for arranging for the shipment to be returned to Customer. b) If Customer does not arrange for a Defective shipment to be returned or otherwise disposed of within thirty (30) days after Hi-Tech notice to Customer of the Defective shipment, then Hi-Tech will have the right to dispose of the shipment in any way it deems appropriate without any liability to Customer.

  7. Customer represents and warrants that none of the Materials it sends to Hi-Tech 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.

  8. Customer acknowledges that handling and processing Materials by Hi-Tech, including but not limited to melting, burning, combusting and drying, may create conditions hazardous to human health.

  9. Customer represents and warrants that before or upon delivery of Materials to Hi-Tech, Customer will provide to Hi-Tech a complete and accurate statement of the nature and extent of all substances in the Materials that may be considered toxic or hazardous to human health. The foregoing substances shall include, but not be limited to, cadmium, iron, lead, selenium, tellurium, zinc, antimony, sulphur, nickel, acrylonitrile, arsenic, asbestos, benzene, coke oven emissions, ethylene oxide, cyanides, mercury, silica, vinyl chloride, and any material that contain chemicals, substances that could be dangerous to handle or to process and require special attention. Customer further represents and warrants that all Materials will be free of radioactivity, asbestos, beryllium and thallium.

  10. Customer represents and warrants that Materials will be properly packaged and labeled in accordance with the Hazardous Materials Transportation Act and other applicable rules or regulations, and that each container containing Materials that may be considered toxic or hazardous substance has appropriate hazard warnings and reflects Customer's identity.

  11. Indemnity. As a condition of doing business with Hi-Tech, Customer agrees that if Customer fails to comply with any of its obligations herein, including specifically those identified in paragraphs 6, 8, and 9, that Customer will indemnify and hold Hi-Tech harmless from all injuries, costs, suits, expenses (including without limitation attorney fees and other costs of defense), liabilities, fines, penalties, judgments, costs of settlement, losses, costs of storage/handling/disposal/decontamination, and consequential or other damages that Hi-Tech may incur as a result of such failure by Customer.

  12. Upon receipt of Materials from Customer, Hi-Tech will weigh the Materials ("Received Weight"). If there is a Discrepancy between the Received Weight and the weight conveyed by Customer to Hi-Tech, then Hi-Tech will put the relevant Materials "on hold," not process them further, and contact Customer to attempt to reach an agreement regarding the agreed weight of the Materials. If HiTech and Customer are unable to reach such an agreement, Hi-Tech reserves the right to return the Materials to Customer at Customer's expense.

  13. If there is no Discrepancy between the Received Weight and the weight reported by Customer, then Hi-Tech will proceed without risk of liability for the discrepancy.

  14. Hi-Tech obligations to Client are limited to those metals for which Client requested an assay and paid applicable assay fees, if any. Hi-Tech has no obligation to Customer regarding any other metal.

  15. Hi-Tech will determine the applicable precious metal content of the Materials using the analytical method that Hi-Tech deems, in its sole discretion, to be the most effective for the involved Material. This determination by Hi-Tech shall be the determinative, agreed content for purposes of the involved transaction.

  16. Hi-Tech will send to Customer a Refining Statement that will include: a) The weight of the Materials before and after melting; b) The assays results; c) Hi-Tech's refining, treatment and assay charges.

  17. Customer will provide to Hi-Tech its contact information for notice purposes, a list of all persons authorized to make trades in Customer's account, and specimen signatures for each such person. Customer is responsible for updating its list to add or remove authorized persons.

  18. The rights and obligations of Hi-Tech and Customer hereunder shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, without regard to the conflicts of law principles thereof.

  19. Limitation of Liability. In the event of negligence from Hi-Tech PMR side, Customer agrees that Hi-Tech's maximum, total liability to Customer for loss of, or damage to Materials, or otherwise shall be limited to the lesser of: a) the Customer's declared total value of Materials for shipping purposes, b) the actual, proven, out-of-pocket loss incurred by Customer, or c) with respect to gems/ stones, the amount of fees paid by Customer to Hi-Tech for removal/recovery services, unless otherwise specifically agreed in writing by Hi-Tech. IN NO EVENT SHALL HI-TECH BE LIABLE FOR LOST PROFITS, DAMAGE TO REPUTATION, LOST BUSINESS OPPORTUNITY, INTEREST OR ATTORNEYS FEES, OR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES.

  20. Gem/Stone Removal and Recovery. Hi-Tech intends to use its best efforts to remove and recover gems/stones provided by Customer for such service, but Customer acknowledges and agrees that there are inherent, unavoidable risks of damage and loss associated with such removal and recovery. Customer expressly assumes all risks of damage and loss to Customer's gems/stones as a result of their removal or recovery by Hi-Tech and agrees that Hi-Tech's liability for damage or loss shall be limited to an amount equal to that paid by Customer to Hi-Tech for its gem/stone removal and recovery services. Hi-Tech reserves the right to remove or recover gems/stones using the removal/recovery method that Hi-Tech deems, in its sole and absolute discretion, to be the most effective for the involved gems/stones. Hi-Tech specifically disclaims all warranties and representations of any kind, written or oral, expressed or implied, that relate to its gem/stone removal and recovery services.

  21. Customer shall notify Hi-Tech in writing of alleged errors or inaccuracies in its Settlement Statement from Hi-Tech within 24 hours after receipt of the Settlement Statement. If Customer fails to provide such notice within 24 hours, then Customer agrees that it is forever barred from bringing a claim for loss or damages relating to such error or inaccuracy.

  22. Any controversy, claim, or dispute regarding the rights of Hi-Tech or Customer arising out of a transaction between them or these General Terms and Conditions shall be settled exclusively by arbitration before a single arbitrator in Dallas, Texas in accordance with the rules and procedures of the American Arbitration Association for commercial arbitration. Any decision rendered in such arbitration is binding on all of the parties thereto, and judgment thereon may be entered in any court of competent jurisdiction. Fees and expenses of the arbitrator and arbitration shall be divided equally between the parties.

  23. To be able to make payment to you “The Customer” on time for your refined and purchased lots, you have to request payment from the current balance on the Client Cloud Portal, or by clicking on payment method at the financial icon in the Mobile application, or by calling our customer service.

  24. Purchased merchandise (coins, bullion, fine metal grain, alloys, etc.) from Hi-Tech PMR must be paid in full including shipping cost before pick up or shipping. You can pay off the invoice for the purchased items by wire transfer, check, or by using the available funds in your account with us which were generated from the settlements results. When purchasing with a check, we will wait until the check is cleared with the bank before pick up or shipping.

  25. In the event were you don't have available balance in your account to make a purchase, you can call us to lock-in the price for the items that you wish to buy. When calling to lock-in the price to purchase precious metals (coins, bullion, grain, or in any form) your order cannot be cancelled and we should receive full payment within five business days. Unless otherwise agreed with Hi-Tech PMR to extend the time to receive your payment, after 5 business days your transaction is considered cancelled and any deficit between the purchased price and current market price is your responsibility. The deficit amount will be charged to you. Please note that any market gain on cancellation shall remain the property of Hi-Tech PMR.

  26. Purchased items will be shipped to customer's address as you “The Customer” enter the address in the Client Cloud Portal. If you wish to change or add different shipping address for your business, you can do it on the Client Cloud Portal or call our customer service team to assist you with your request.

  27. We only ship purchased merchandise to a business location not to a residential address.

  28. When shipping purchased merchandise utilizing our “Hi-Tech PMR” shipping account with a carrier, then the shipment will be insured utilizing our insurance account and the terms in the insurance policy between Hi-Tech PMR and underwriter will be enforced.

  29. We do not allow return on any purchased items. Only we can buy it back from you as a new transaction.

  30. If you “The Customer” choose to pool your precious metals with Hi-Tech PMR, your metal will be UNALLOCATED pool.

  31. Hi-Tech shall not be liable for any delay or non-performance caused, in whole or in part, by the occurrence of any contingency beyond the control of Hi-Tech, including, but not limited to, acts of war (whether declared or not), sabotage, terrorism, insurrection, riot or other act of civil disobedience, act of a public enemy, failure or delay in transportation, act of any government, agency, or subdivision thereof, including a judicial action, labor dispute, strike, accident, fire, explosion, flood, storm, or other act of God, or shortage of materials.

  32. These General Terms and Conditions and other Terms and Conditions and policies in this Client Agreement document or file supersede all prior agreements, terms, conditions, understanding and arrangements, and constitute the entire agreement and understanding between Hi-Tech and Customer concerning the subject matter hereof. There are no other agreements, representations, or warranties except those specifically set forth herein regarding the subject matter hereof. Customer agrees that no representations or warranties, whether express or implied, shall be binding upon Hi-Tech unless expressed in writing herein. Hi-Tech specifically disclaims all warranties and representations of any kind, written or oral, expressed or implied, that relate to Hi-Tech's determination of the Materials' precious metal content or weight, Hi-Tech's gem/stone removal and recovery services, or that are not specifically asserted herein. These General Terms and Conditions may only be modified or amended by written instrument duly executed by Hi-Tech and Customer, and shall not be modified or amended by the terms of purchase orders, packing lists, or other documents issued unilaterally by Customer (the terms of which are specifically objected to by Hi-Tech). None of either party's rights or obligations hereunder shall be assigned by either party without the prior written consent of the other, except to its successor-in-interest by operation of law or to the transferee of all or substantially all of the party's assets or business to which these General Terms and Conditions relate.

  33. Hi-Tech PMR has the right to refuse doing business with any customer and to discontinue engagement with any customer without providing explanation from Hi-Tech PMR side.

  34. If any provision of these General Terms and Conditions is found by a court of competent jurisdiction to be wholly or partly invalid, the remaining provisions will nonetheless be valid and enforceable.

Metal Prices Advance Lock-In Agreement

  1. All Advance Lock-in Metal Prices must be done using the Hi-Tech PMR client cloud portal, mobile app or through Hi-Tech PMR Customer Service 1-972-239-0597.

  2. Hi-Tech PMR has an Advance Lock-in Price limit per metal for the Customer(s). Hi-Tech PMR maintain the right to change (increase or decrease) the Advance Lock-in Price limit for any or all of the metals at any time it chooses to do so.

  3. The Customer agrees to examine and validate the confirmation of the Advance Lock-in Price through their Hi-Tech PMR client cloud portal and to notify Hi-Tech PMR immediately by phone call, email or SMART message in the event of any error. The Customer is hereby conclusively deemed to have waived any such error in Hi-Tech PMR's favor in the absence of such notification.

  4. The Advance Lock-in metal prices will be applied on settlements and/or pool cash out on a first-in, first-out basis.

  5. Once the Advance Lock-in Price is confirmed by the Hi-Tech PMR client cloud portal or Customer Service personnel, the transaction may not be cancelled.

  6. The Customer agrees to deliver the metal to Hi-Tech PMR to cover the Advance Lock-in price within five (5) business days from the date of the Advance Lock-in price confirmation, unless there is a written agreement between the Customer and Hi-Tech PMR. “Business Days” defined as every day other than Saturday, Sunday and holiday days on which Hi-Tech PMR is closed.

  7. In the event that the Customer fails to deliver the precious metal to Hi-Tech PMR to cover the Advance Lock-in Price, Hi-Tech PMR, without prejudice to any other right or remedy that Hi-Tech PMR may have, shall:

    1. Cancel any or all outstanding Advance Lock-in Prices for all the precious metals locked by the Customer.

    2. Remove the ability for the Customer to do any future Advance Lock-in Prices for all precious metals.

    3. Charge the Customer $35.00 (USD) cancellation fee.

    4. Hold the Customer responsible for any deficit between the price at which the Customer originally locked at and the purchase price Hi-Tech PMR will incur. The deficit amount will be charged to the Customer with the cancellation fee. Please note that any market gain on cancellation shall remain the property of Hi-Tech PMR.

  8. Hi-Tech PMR will not be held responsible for content or pricing errors.

  9. The Customer agree to indemnify and hold Hi-Tech PMR harmless from and against any and all claims, losses, liability, cost and expenses (including but not limited to attorney's fees) arising from the use of and/or violation of terms for Advance Lock-in Metal Prices agreement.

Pool Cash out Agreement

Precious Metals Supply Chain Policy

  1. Request that basic human rights are being respected by all parties involved in the mining, processing, and exporting of the metal. We will not tolerate any kind of inhuman treatment, forced or compulsory labor, child labor, human rights violations and abuses.

  2. Request that workers' rights and labor standards are being respected by all parties involved in mining, processing, and exporting of the metal.

  3. Not engaging and to immediately discontinue engagement with, customers or suppliers where we identify a reasonable risk that they are committing, or are sourcing from or linked to any party committing any abuses described above or any other illegal party.

  4. Procure only conflict free metals which do not facilitate the funding of any kind of armed conflicts.

  5. Procure metals from countries NOT prohibited by the laws of the United States of America and OECD.

  6. Not offering, promising, giving or demanding bribes or kickbacks in any form to individuals, including government officials, customers, contractors and suppliers or any other organization.

  7. Not misrepresenting taxes, fees and royalties paid to governments for the purposes of extraction, trade, handling, transport and export of precious metals. Likewise we will not conceal the origin of precious metals.

  8. Supporting efforts and contribute to avoid and disclose money-laundering and financing of terrorism where we identify a reasonable risk of money-laundering and financing of terrorism resulting from, or connected to the supply and distribution chain of precious metals.

  9. Procure metals that are mined and produced without endangering the safety and health of people or damaging the environment.

  10. Request that the metals have not been sourced from operations that will result in toxic chemical contamination into soil, surface water, groundwater, or the environment.

  11. Continually monitor the supply chain and improve our operations.

Terms & Conditions for Using Websites, Client Cloud Portal, and Mobile Application

B. Information Collected Through Technology

Compliance with Certain Acts