KMG Gold Recycling, is a BBB Accredited Gold Buyer in Winnipeg MB
KMG Gold Recycling USA KMG Gold Recycling Canada

Terms and Conditions of Service

By submitting items to us, you agree to be bound by the following terms and conditions. Please read them all before shipping anything to us. Please read them all before selling, buying, bartering, or pawning anything with or from us.

KMG Environmental Incorporated, 1220 Pembina Highway, Winnipeg Manitoba Canada R3T 2A8, 1-204-452-4653

The terms and conditions contained herein (to be read and referred to herein in their entirety as the "Agreement") shall be binding on each and every person who sends, buys, sells, barters, or pawns items (the "Customer") to KMG Environmental Incorporated, DBA KMG Gold Recycling® and KMG Gold® (herein referred to collectively as "KMG"). The Agreement shall inure in the benefit of KMG and KMG's successors and assigns.

KMG is a licensed precious metals dealer and governed by City, Provincial and Federal statutes and by-laws. KMG and purchases scrap precious metal which may include, but is not limited to; gold, silver, platinum, palladium, and rhodium scrap, coins, bars, sprues, billets, castings, and dental scrap. Prices and pay out rates are based solely on the weight of pure precious metal content, not on retail or appraisal value. Prices are determined by the worlds' precious metal markets, such as, but not limited to, the New York Mercantile Exchange, Inc. (NYMEX), the Commodity Exchange, Inc (COMEX), the London Bullion Market Association (LBMA), and the London Platinum and Palladium Market (LPPM). Prices and weights are determined in the sole and unfettered discretion of KMG. US dollar and Canadian dollar exchange rates are determined by the Bank of Canada or the foreign exchange market.

Safety Disclaimer

The Customer assumes all responsibility and risk for the use this web page. KMG Gold does not assume any liability for the materials, information and opinions provided on, or available through, this web page. No advice or information given by KMG Gold or its employees shall create any warranty. Reliance on such advice, information or the content of this web page is solely at the Customers own risk, including without limitation any safety guidelines, resources or precautions related to this information or any other information related to safety that may be available on or through this web page. KMG Gold disclaims any liability for injury, death or damages resulting from the use thereof.

Requirements for Use

The Customer represents and warrants that he or she is at least eighteen (18) years of age in order to ship or sell precious metals or scrap jewelry to KMG. In addition, the Customer of KMG must be the actual legal rightful owner of any and all gold, silver, platinum, jewelry, and other property sold or attempted to be sold to KMG and the Customer must be acting on his or her own behalf and not as the agent or representative of another person and the property sold or attempted to be sold to KMG shall not be proceeds of crime. The Customer agrees to provide, upon request of KMG further documentation including photographic identification or other proof of compliance with the requirements contained in the agreement. By shipping items to KMG, and also by accepting an offer to purchase from KMG, the Customer agrees to all terms and conditions set forth herein and those described on our web site: https://www.kmggold.com and those described in any and all correspondence.

Under no circumstances shall the Customer or anyone send to KMG, nor shall KMG accept, take into its' possession, or instruct to take into its' possession stolen or illegally obtained items, nor any other items which may be contrary to any applicable law, statute, or by-law.

Damage Disclaimer of Liability

The Customer expressly acknowledges and agrees that any and all items shipped to KMG may be subject to a testing procedure to determine pure precious metal content that may permanently alter the appearance of the item. In addition, KMG, at its' sole discretion, may remove stones, gems, glass, iron, nickel, brass, or other materials from any item in order to determine the true weight of pure precious metal content. In doing so, the item may become permanently and irreversible altered or damaged. Any removed items may be made available for return to the Customer on his or her request and shipped to the Customer at his or her own expense. KMG shall not be held liable nor compensate for any loss or damage of any kind whatsoever except as may be set forth herein. The Customer must notify KMG immediately if they do not wish their items to be tested, which may hinder or prevent an accurate assessment of value and may result in the items being refused by KMG.

Material Return

If the Customer changes his or her mind about selling items after the company has taken possession of the items the Customer must notify KMG immediately. In such a case KMG will not test the items (provided of course that testing has not already occurred) and shall arrange for the items return to the Customer as stated herein. A reasonable shipping and handling charge will apply for material returned to the Customer.

Offer to Purchase

KMG shall communicate an offer to purchase to the Customer. Upon acceptance of the offer to purchase the item or items immediately and irrevocably become the property of KMG. Furthermore, upon acceptance of an offer to purchase the Customer agrees to and acknowledges that any and all items sold to KMG may be permanently damaged, melted and or refined immediately. KMG assumes no liability for loss except as stated herein. KMG shall issue payment in a reasonable and timely manner. Unless otherwise agreed upon, the method of payment shall be chosen at the sole discretion of KMG.

Guarantee Against Loss

The Customer is solely responsible for shipping their items to KMG and in no event shall KMG be liable for any damages from loss or destruction of property that is not in KMG's possession for any reason whatsoever, including negligence except as may be set forth herein. KMG reserves the right, in its sole discretion, to reject delivery of any mail, envelope or package which appears to be damaged, opened, or tampered with and any such mail, envelope or package will be returned by Canada Post to the Customer. KMG shall have no liability to the Customer for any such attempted delivery or return of any such items. We strongly recommend that the Customer insures his or her shipment before shipping to KMG. We strongly recommend that the Customer itemizes the contents of his or her shipment, photographs, and weighs the contents, and emails this information to KMG before shipping.

Limitation of Liability

This limitation of liability shall be binding on the Customer and any third party, including, but not limited to, the Customer and the Customer's successors, assigns, heirs, personal representatives, insurance carriers and any other individual or entity asserting any right or claim relating to Customer's transaction with KMG. In no event shall KMG be liable for any damages from the loss or destruction of property shipped to KMG or in its possession for any reason, including negligence, except as stated herein. KMG shall not be liable for any subrogation claim brought by the Customer's insurance carrier or otherwise, and, by submitting an item to KMG, the Customer expressly and specifically waives any such subrogation claim on his or her behalf as well as on the behalf of his or her insurance carrier or otherwise.

KMG's liability is and shall be expressly and specifically limited to items actually received by KMG and then to the lesser of the following sums:
i.) The liquidation value placed on the total contents by KMG in KMG's sole discretion.
ii.) One-fifth (1/5) of the appraised value of the contents according to an appraisal performed and reported by a competent and certified appraiser, submitted by the Customer to KMG, which appraisal was issued prior to the shipment of the item to KMG; and,
iii.) The sum of One Hundred ($100.00CAD) Canadian Dollars (CAD).

The Customer expressly acknowledges and agrees that if there is no appraisal which was issued prior to the contents being received by KMG, KMG's liquidation value shall be conclusive and binding and further, that in no event shall KMG's Liability exceed the sum of One Hundred ($100.00CAD) Canadian Dollars (CAD).

KMG shall not be liable to anyone for any damages, including but not limited to, incidental, consequential, punitive, loss of profit or opportunity, other than as set forth herein above. By submitting items, the Customer explicitly and expressly accepts the limitations of liability as set out above.

Precious Metal Chart Disclaimer of Liability

KMG shall not be responsible for the contents of the precious metal chart data appearing on its web site. These charts are prepared by third parties other than KMG, and KMG includes such charts only for general information to its Customers, and KMG shall not be liable to anyone who relies on the information contained therein. Determination of values of items shall be in the sole and unfettered discretion of KMG at all times.

Return Insurance Liabilities

If an item or items are returned to the Customer for any reason, KMG will ship the items via Canada Post regular mail or other parcel carrier service with no insurance regardless of the value the Customer perceives the item(s) to have and regardless of the value it may have been insured for when submitted by the Customer to KMG, unless KMG is otherwise notified by letter, e-mail or facsimile by the Customer of his or her intent prior to arrangements having been otherwise made for the return shipment. The Customer agrees to pay for any and all insurance or additional shipping fees requested. KMG shall, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction..

Choice of Law, Waiver, and Claims

The Agreement shall be governed by the statutes and by-laws of the Government of Canada, the Province of Manitoba, and the City of Winnipeg. KMG's failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. Any such claim or cause of action must be filed in the Province of Manitoba. KMG shall be entitled to reimbursement for any and all costs incurred by it in defending any civil action filed or attempted to be filed in any jurisdiction outside of the Province of Manitoba, including but not limited to, attorney's fees incurred by KMG.

Shipper's-Agent Terms and Conditions For Insured Parcel Service

1. Scope Of Services: KMG Environmental Incorporated ("KMG") acts as a shipper's-agent to arrange, organize and/or manage transportation and provide ancillary services, including but not limited to U.S. export filing services (if applicable) and billing solutions. Upon request of customers, KMG will also include customers' goods for which shipper's agent services are being performed under an insurance policy issued to KMG (the "Insurance Policy") which is underwritten by an authorized insurance company (the "Insurance Underwriter") and produced by its insurance broker. KMG is not an insurance company, customs broker or air carrier of any type. Use of KMG's services constitutes acceptance of these Terms and Conditions. Adherence to these Terms and Conditions is a condition precedent for customers' goods to be included and protected under the Insurance Policy.

2. ENGAGED TRANSPORTATION CARRIERS: As the customer, you authorize KMG to select and engage transportation carriers and other vendors on your behalf pursuant to their contractual terms to which you will be bound in all instances. Shipper's-agent services may also be performed by KMG relating to carriers and other vendors selected by the customer and/or engaged directly by the customer on the customer's independent account. In either event, carriers and other vendors to whom goods are entrusted limit their liability. If you intend to protect your goods under the Insurance Policy, do not declare value with transportation carriers or other vendors. You may forego using the Insurance Policy and increase a carrier or vendor's liability by declaring a value and paying an additional charge subject to their contractual terms, but you must arrange for such excess liability through KMG if the transportation carrier or other vendor is engaged by KMG or under KMG's account. Any declaration of value by you directly to any carrier or vendor engaged by KMG or engaged under a KMG affiliated account will not result in increased liability of that carrier or vendor. KMG will request excess liability from the carrier or vendor on your behalf only upon your written instruction, for which additional charges will apply. Carriers and other vendors may refuse declared value for liability. In the absence of your written instruction to declare value with a carrier or other vendor or if any carrier or other vendor refuses declared value for liability, the goods may be tendered to carriers or other vendors subject to their liability limitations and in some instances special liability waivers, which will apply to the transportation of your goods and to which you will be bound. In the event of an instruction by you or any other party to any carrier or other vendor that conflicts with any contractual terms between KMG and that carrier or other vendor, the contractual terms between KMG and that carrier or other vendor shall prevail. Rather than attempting to effect recovery against carriers under liability terms, KMG offers you the opportunity to protect your goods under KMG's Insurance Policy.

3. COVERAGE DETAILS: Although coverage under the Insurance Policy may be extended to customers' goods, KMG is the only named insured under the Insurance Policy. The Insurance Policy under which shipments are insured for physical loss and/or damage in the course of transit is extended under insuring conditions, limitations and exclusions. KMG, in its sole discretion, reserves the right to decline certain shipments be included under the Insurance Policy. Confirmation of insurance eligibility and inclusion under the Insurance Policy shall only be upon your receipt of a KMG issued confirmation number for each shipment. The terms of the Insurance Policy are summarized as follows:

  1. Commodities: Exclusively covering jewelry, time pieces, precious metals, and pearls and gemstones (loose or set). Other lawful goods may be covered subject to approval in writing prior to shipment.
  2. Valuation: Insure your goods for selling price if sold prior to shipment or otherwise actual cash value / replacement value. You should insure for 100% value; if you understate value, you will bear the extent of deficit in the event of a partial loss. In the event you overstate value, your coverage will be limited to actual value.
  3. Limit of Liability: Please refer to your Certificate of Insurance for the applicable coverage limit, which shall determine your maximum coverage(s). A country-specific sublimit may also apply. The maximum coverage in all events will be limited to the amount for which you insure your goods. No customer deductible will apply unless otherwise noted in the Certificate of Insurance.
  4. Requirement of Signature at Delivery: Coverage applies exclusively to shipments with designated approved carriers under terms requiring adult signature upon delivery. You must not tender any shipment to a carrier under a "waiver of signature," "release signature status" or similar service booking, agreement or arrangement with the carrier as you will void coverage under the Insurance Policy by doing so. If the consignee allows the carrier to effect delivery without signature, coverage under the Insurance Policy will be void. Except if released by the carrier without signature against your instruction, without your knowledge and as a result of exclusive fault of the carrier, no insurance claim can be made for any shipment delivered without a signature for any reason if the shipment is confirmed delivered by the carrier's tracking information.
  5. Duration: Confirmed coverage commences upon goods being retrieved by or tendered to Parcel Pro or the designated approved carrier, as determined by carrier tracking information. Coverage continues in the course of transit and until delivery is made at the consigned destination or until the expiry of fourteen (14) days, whichever occurs first. Delivery is made when a package is signed for at the consigned location or when the package is left at the consigned location without a signature, as determined by the carrier's tracking information. Shipments signed for by any apparent representative (e.g., concierge, doorman, front desk clerk, residence occupant, security guard) at the delivery address shall be deemed delivered. Notwithstanding the foregoing, coverage may be cancelled in the course of transit in the event you, the shipper, or consignee do not cooperate or are unresponsive to facilitate or accept delivery; in such event, it is your burden to prove any loss occurred during the coverage period.
  6. Refused Shipments Returned: In the event of coverage and a shipment is returned to the shipper because of refusal or inability of the consignee to facilitate or accept delivery, coverage is extended until the sooner of redelivery to the shipper or the expiry of thirty (30) days from the date that the goods were retrieved by or tendered to KMG or the designated approved carrier, as determined by carrier tracking information.
  7. Exclusions: As with all insurance, coverage under the Insurance Policy is subject to exclusions which specifically include: (I) seizure of goods, including seizures by custom authorities; (II) war risks for domestic U.S. shipments; (III) radioactive contamination; (IV) delay; (V) inherent vice; (VI) loss of, damage to or breach of data or other non-tangible content; (VII) fraud by you, the shipper or consignee; (VIII) cyber attacks; (IX) illicit trade; (X) concealed damages and losses (within sealed packages delivered intact); (XI) mechanical/electronic derangement to used or unsealed new merchandise; (XII) damages attributable to insufficient packing; (XIII) breakage to fragile and delicate items such as those used for clocks or glassware; (XIV) false/erroneous information provided by you, the shipper or consignee; package labels being changed or revised in the course of transportation for the purpose of fraudulent redirection; (XV) shipments being sent as a result of fraud or trick upon the customer, shipper and/or consignee (including but not limited to product orders made by imposters); and (XVI) abandonment by you, the shipper or the consignee. Coverage under the Insurance Policy is also excluded for: (XVII) all risks of a shipment being re-routed, stopped in transit or retrieved at a point other than the original consigned delivery point pursuant to any instruction or representation to the designated approved carrier by a fraudster or imposter. C.O.D. shipments may be insured, however the C.O.D. payments are not covered and there is no coverage for the collection/return of C.O.D. payments. Consequential and indirect damages, such as loss of market, depreciation, or diminution in value as a result of repair, are not recoverable. In the event of loss or damage to pairs or sets, recovery will be limited exclusively to the item lost or damaged.
  8. Limited Fraud Coverage for U.S. Customers: Notwithstanding coverage exclusion numbers VII, XV and XVII under section 3(g) of the KMG Terms and Conditions, and subject to all other terms herein and in the Insurance Policy, the Insurance Policy will provide coverage for risk of fraud perpetrated against you as a shipper which results in the designated approved carrier either delivering a covered shipment to an address other than the address originally consigned or releasing a covered shipment at a station of the designated approved carrier to someone other than the originally named consignee (the "Limited Fraud Coverage"). The Limited Fraud Coverage is exclusively available for KMG accounts opened in the United States and for shipments originating and deliverable within the United States. The Limited Fraud Coverage is subject to a maximum limit of $10,000 (ten thousand United States dollars) per calendar year and is extended strictly upon each of the following conditions precedent being met: (I) the designated approved carrier must be United Parcel Service, Inc.; (II) the covered shipment must be consigned to a business address; (III) you must verify the consignee's contact information and initiate contact with the consignee to confirm their identity and the legitimacy of the product order in advance of shipment and have proof of such contact; (IV) you must not under any circumstance release the shipment tracking number to the consignee or any third party; and (v) you must not participate or conspire in any such fraud or have advance knowledge or awareness of such fraud being perpetrated against you.
  9. Requirement of Inspection and Exception to Carrier at Time of Delivery: The consignee or its representative must carefully inspect the shipment immediately at time of delivery in the presence of the delivering carrier's personnel and make written exception with such personnel for any evidence of damage, loss, tampering, penetration or invasion of the shipping package. Except for disappearance of the entire package in transit prior to delivery, failure to make written exception with the delivering carrier will preclude insurance coverage for any loss or damage which you may discover. Delivery accepted under a condition of "subject to inspection" or similar language will not constitute the required written exception.
  10. Claim Reporting Limitation: You should immediately report to KMG in writing any loss or damage to insured goods but in order for a claim to be considered by the Insurance Underwriter you must in all events do so no later than sixty (60) days from the date of shipment delivery, or in the event of non-delivery, (60) days from the date of scheduled delivery or if none then from the date the shipment should have reasonably been delivered to the original consignee. In the event of a covered refused shipment returned, this period shall be increased to seventy-five (75) days.
  11. Claim Process: By making any claim, you warrant that you are the sole owner of such claim and that you have not released any third party from liability for the claim (including but not limited to the designated approved carrier). The Insurance Underwriter has the exclusive authority to determine all issues of insurance coverage and claim settlement. You, the shipper and consignee must all fully cooperate in providing all documentation and information pertinent to a claim, including an examination under oath if requested. Should the Insurance Underwriters dispute liability or coverage for any reason, you shall have no recourse against KMG and KMG shall not be under any responsibility or liability in relation thereto. Unless prohibited by applicable law, any dispute between you and the Insurance Underwriters shall be resolved by binding arbitration in Los Angeles, California pursuant to the Commercial Rules of the American Arbitration Association, by a panel of three arbitrators each with a transportation and insurance background appointed in accordance with those rules.
  12. Effect of Claim Payment: Payment of any claim shall be without precedent as to any other or future claim and shall be without prejudice to any rights, remedies or defenses inuring to the Insurance Underwriter's benefit under the Insurance Policy and these Terms and Conditions. Upon any claim payment, the Insurance Underwriter is automatically assigned and subrogated to any and all rights of recoveries against all third parties relating to the claim, including but not limited to the designated approved carrier. You agree you will cooperate with subrogation efforts by the Insurance Underwriter and you hereby allow the Insurance Underwriter to pursue claims with, and file legal actions against, third parties in your name. All subrogation recoveries from third parties by the Insurance Underwriter shall be the sole property of the Insurance Underwriter.
  13. Notice of Full and Additional Terms: Under all circumstances, the terms and conditions set forth in the Insurance Policy issued to KMG shall control and determine insurance coverage. To the extent any terms and conditions stated herein indicate insurance coverage excluded under the Insurance Policy, the Insurance Policy shall control and be binding as to issues of insurance coverage. The name and contact information of the Insurance Underwriter is available upon request and you may also make a written request to KMG to obtain a copy of the Insurance Policy. KMG reserves the right to change Insurance Underwriters and to allow insuring terms for its coverage to be modified in KMG's sole discretion at any time and without notice, provided that coverage shall always substantially adhere to the summary herein and shall absent notice be without interruption.

4. SHIPPING RULES & RESTRICTIONS FOR COVERAGE: In order to ship with KMG and for the coverage under the Insurance Policy described herein to apply, you must be an approved customer and strictly abide by the following shipping rules and restrictions which are condition precedents for any claim recovery:

  1. Notify the Consignee: You must notify the consignee of the shipment and content prior to delivery and of the consignee's obligation to give timely notice of non-receipt and to carefully inspect the shipment at time of delivery in the presence of the delivering carrier's personnel and to make written exception with such personnel for any evidence of damage, loss, tampering, penetration or invasion of the shipping package. The consignee's failure to do so will preclude recovery.
  2. Double Box: Unless otherwise authorized by KMG in writing, all packages must be double boxed in new boxes and packaging and must include the tracking number on the inner box. The inner box must not be a small jewelry box which could be easily identified and/or discarded. Envelopes and packs are not eligible for coverage.
  3. Select a Billing Option: When preparing packages, you may use the carrier account number associated with KMG, as may be provided by KMG, or you may use your independent account number with the carrier if that carrier has been designated by KMG as an approved carrier for your shipments.
  4. Package and Tender to Carrier: All packages must be properly packed and sealed to withstand the ordinary rigors of shipment. Unless otherwise authorized by KMG in writing, packages must be picked up at a shipper location, handed to a carrier staff driver or taken to a carrier or KMG staffed location. You must obtain a receipt for any packages dropped off at a retail location that has been authorized by KMG in writing. You must not use unmanned drop boxes or any location without carrier employed personnel.
  5. Report Shipments to KMG Same Day: You must report shipments to KMG on the same day of shipping. Shipping without a KMG-issued confirmation number will result in an uninsured shipment. Automated receipt of a KMG confirmation number shall be adequate confirmation.
  6. Declare a Value for Insurance: Packages reported without a value declared for insurance shall be uninsured shipments and any recovery under liability terms will be US$100 or less.
  7. Do not Reveal Package Content: Unless otherwise instructed by KMG in writing, you must not allow any indication of high value content to appear on a waybill, labeling or package exterior. For example, never reference brands or auction houses or use words such as "jewelry," "watch," "diamond," "pearl," or abbreviations such as DIA. This rule does not apply where international regulations require that such information be included.
  8. Do not Declare a Value with the Carrier: Unless otherwise instructed by KMG in writing, you must never declare a value for liability or any other purpose with the approved carrier or any other vendor. Otherwise, you may void coverage under the Insurance Policy. In the event KMG instructs you to declare a value with any vendor, such declaration of value shall be for purposes of security protocol and shall not result in increased liability of that vendor.
  9. Shipping Reports: Unless otherwise instructed by KMG in writing, you must never give to the carrier or ship with the package your daily shipping report and the values shipped; these are for your records only and must be treated by you as confidential. When shipping via KMG's online tools (website, mobile apps, API), in all instances where a High Value Shipment Receipt is generated and tender is made to a carrier, the shipper must ensure that the High Value Shipment Receipt is tendered to and acknowledged by the carrier.
  10. Certain origin Zip Codes Require Special Instructions: On packages sent from New York zip codes 10036, 10017 and from Los Angeles zip codes 90013, 90014, 90015, 90016 and 90017, the shipper must use an alternate address on the carrier's waybill that is not one of these zip codes. You may use KMG's office address for this purpose.
  11. Certain destination Zip Codes Require Special Permission and Instructions: Packages with a declared value for insurance of US$5,000 or greater and being sent to New York zip codes 10036 or 10017 are subject to special permission and instructions. All packages being sent to Los Angeles zip codes 90013, 90014, 90015, 90016, 90017 or to Beverly Hills area zip codes 90048, 90209, 90210, 90211, 90212, 90213 are also subject to special permission and instructions. For shipments not generated using KMG's online tools (website, mobile applications, API), call KMG for additional information and instructions. KMG reserves the right to implement special permission and instruction requirements for additional regions upon notice.
  12. Furnish Accurate and Complete Information: You must accurately and comprehensively provide all information and documentation necessary for KMG to perform its services hereunder, upon which KMG and the Insurance Underwriter will rely. Your errors or omissions in furnishing information and documentation will void insurance coverage and may result in losses and liabilities for which you will be responsible.
  13. Maintain Packaging: No claims for loss or damage shall be valid unless the package, inner cartons, packing and contents have been preserved until made available for inspection by KMG or the Insurance Underwriter.

5. STRATEGIC MONITORING AND RESPONSIVE TRACKING PROGRAM ("SMART"): SMART is an ancillary shipment monitoring and select claims data analysis service offered to KMG customers for eligible shipments in the United States. If your shipments are eligible and you elect to use SMART, charges for SMART services may be applied to your invoice for other KMG services and solutions. In the event of no other KMG services or solutions, charges for SMART services will be independently invoiced. All SMART services, including all information provided by such services, are provided "as is" and KMG disclaims any and all warranties of all types, whether express or implied. KMG specifically disclaims any warranty with respect to the accuracy and/or completeness of the information provided. Neither KMG nor any of its affiliates shall have any liability arising from SMART services, including any liability for direct or indirect, special, incidental, consequential, loss of use or lost profit damages even if advised of the possibility such damages may be incurred. In the event that KMG or any of its affiliates are nevertheless found liable for any SMART services, such liability shall be subject to section 7 of these Terms and Conditions. By using SMART, you acknowledge and agree that KMG retains all rights to data provided in the course of SMART services and that you shall not sell, transfer, share, sublicense or otherwise distribute data obtained through SMART with any third party.

6. COMPENSATION OF KMG: The compensation of KMG for its services shall be included with and is in addition to the rates and charges of all vendors selected by KMG for the services provided. However, duties and taxes for shipments are not included. In the event that any duties and/or taxes for any shipment are invoiced to the account of KMG and/or paid by KMG, then KMG will charge you such amount(s) plus a US$30 administrative fee per shipment at the first instance and up to $100 for each instance thereafter and you agree that KMG may automatically charge such amount(s) plus the administrative fee to the credit card associated with your account. You agree to pay all charges and to comply with all terms of credit, if any. The shipper, consignee and you shall be jointly and severally liable for all charges owed to KMG and for any fines, penalties or other damages or liabilities to third parties incurred by KMG as a result of any shipment. Charges shall be refunded in the event of cancellation prior to time of package tender but shall not be refunded in the event of any loss not covered by the Insurance Policy. KMG shall have a general lien on any claim settlement and on all goods which are pending delivery for all outstanding charges, expenses or advances incurred by KMG in connection with any of your shipments. Unless all outstanding charges are satisfied within thirty (30) days of written notice of lien from KMG, KMG shall have the right to deduct such charges, expenses or advances from any claim payment otherwise payable to you and/or to sell goods at public or private sale or auction, with any net payment or proceeds being paid or refunded to you and any net deficiencies remaining owing.

7. LIABILITY OF KMG: As a shipper's-agent in arranging, organizing and/or managing transportation and providing ancillary services, including SMART services and facilitating coverage under the Insurance Policy, KMG has no carriage liability and is only liable for its independent negligence, errors and omissions for which it limits its liability to US$50 per shipment. In the event your goods are lost or damaged while in the custody of KMG, liability shall be limited to US$100 per shipment unless you separately declare in writing a higher value with KMG for liability purposes. You agree to indemnify KMG of any third-party claim arising from services performed for you which seeks greater liability than that assumed by KMG under these Terms and Conditions. In the event of a dispute between you and KMG or any affiliate or agent of KMG, you agree it will be resolved under California and U.S. law by binding arbitration in Los Angeles, California pursuant to the Commercial Rules of the American Arbitration Association, by a panel of three arbitrators each with a transportation and insurance background appointed in accordance with those rules. As such, you, waive the right to have a trial by jury. Arbitrations will take place on an individual basis; class, mass, consolidated or combined actions or arbitrations or proceeding as a private attorney general are not permitted. You must make written claim against KMG within sixty (60) days from the date of shipment delivery, or in the event of non-delivery, (60) days from the date of scheduled delivery or if none then from the date the shipment should have reasonably been delivered and you must also make written demand to KMG for arbitration within one year from such date. Failure to make timely written claim or written demand for arbitration will preclude any liability of KMG.

8. ENTIRE AGREEMENT; CUSTOMER WARRANTIES; TERMS AND CONDITIONS SUBJECT TO CHANGE: No oral modification of these Terms and Conditions is permitted and no KMG employee shall have authority to orally modify these Terms and Conditions. These Terms and Conditions together with the rate sheet shall constitute the entire agreement between you and KMG. You warrant all goods tendered are legally compliant for the shipment requested and that you have the authority of your company, of the shipper, of the consignee and of any third party with any interest in the goods shipped to bind them to these Terms and Conditions and you hereby do so. In preparing and making export filings and performing all other services hereunder, KMG shall be entitled to rely upon the accuracy and completeness of all information provided by you and/or the shipper. KMG shall have the agency authority which is hereby granted to act on behalf of the shipper, consignee and/or any other beneficial owner of the goods to make export filings and perform all other tasks reasonably necessary to perform the services. KMG reserves the right to modify these Terms and Conditions from time to time and without notice. Shipments will be governed by the Terms and Conditions in effect at the time of shipment, as may be verified online after login at www.kmggold.com

9. Force Majeure: Any prevention, delay or stoppage in our performance of any term hereto due to strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefore, governmental restrictions, regulations or controls, the suspension by commodity exchanges in the trading of gold, silver, platinum or palladium futures contracts or the delivery of the commodities underlying such contracts, or the failure or delay of vendors, enemy or hostile governmental action, riot, civil commotion, fire or other casualty, and other causes beyond our control, shall excuse our performance, and extend our performance of our duties and responsibilities hereunder, for a period equal to any such prevention, delay or stoppage.

10. Disclaimer of Warranties: EXCEPT FOR EXPRESS WARRANTIES CONTAINED HEREIN, WE DISCLAIM ALL IMPLIED WARRANTIES OF EVERY KIND AND NATURE, INCLUDING SPECIFICALLY THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AS TO ALL BULLION SALES.

11. Time of Essence: Time is of the essence in this Agreement.