By using www.Wholesale.MTBMetals.com (the “Website” and other services provided by MTB Metals, including placing Sales Orders and placing Purchase Orders) you are agreeing to the following terms, including, without limitation, the terms available by hyperlink (the "User Agreement"). These terms apply to all Orders, all Sales, and all Purchases, whether made through the Website, by telephone or otherwise.

This agreement contains 12 sections. You may jump directly to any section by selecting the appropriate link below. The headings and subheadings below are for reference only and do not limit the scope of each section. Some capitalized terms have specific definitions in section 12 (Definitions). Underlined words in this Agreement and on our website hyperlink to relevant information.

1. Buying from Us
2. Sending Your Payment
3. Shipping Your Product
4. International Orders
5. Return Policy
6. Risks
7. Selling to Us
8. Market Loss Policy
9. Binding Contract
10. General Provisions
11. Terms of Use
12. Definitions

This User Agreement governs your Sale and Purchase transactions, including placement of Sales Orders from MTB Metals and Purchase Orders to MTB Metals, as applicable, and are incorporated by reference into and made part of the Website.

1. Buying from Us

• A. Minimum Sales Orders

  • There is a $100.00 (USD) Salers Order minimum for shipments within the U.S. For any Sales Orders shipped Internationally, our minimum is $250.00 (USD) per transaction.
  • There is no maximum Sales Order, however we will only accept transactions up to $500,000.00 (USD) without calling the Trade Desk to confirm. MTB Metals reserves the right to request a deposit on Sales Orders deemed "significant" by MTB Metals in its sole discretion, before we will accept and confirm the Sales Order and lock in prices.

• B. Sales Order Price Confirmations

  • When buying online from us, the price at which your Sales Order is submitted is the locked-in price. Your confirmation number will be in your order confirmation email. Unless confirmed prior to execution of the trade with the Trade Desk, your payment (by wire transfer) for Metal must be received within two business days of the Trade. The order will be shipped by MTB Metals after your payment in good funds has been received and verified.
  • Placing Your Trade
    To Place a Trade, after your account is established through MTB Metals account opening process are you are logged into your account:
  • Add items to your cart you wish to purchase. The sell price will be listed on the web page. If there is not a sell price listed, you can call the Trading Desk at 212-981-4550 for additional information and product availability details. Once you have added items to your cart you wish to purchase, you can navigate to View Cart and then Checkout. From here, you can add your shipment information, payment selection and confirm your order.
  • Once a Trade is placed, a contract is created between you and MTB Metals. Regardless of what happens to the price of the Metal after the Trade is placed, the contracted price is binding on you and MTB Metals.
  • Unless MTB Metals is instructed otherwise in writing, any of your employees or agents may place Trades and you will be bound by such Trades even if a Trade was placed erroneously or was not authorized by you.
  • Extension of Credit by MTB Metals
    
    • Upon your request, MTB Metals may, but is not required to extend credit to you. Credit is a privilege not a right.
    • The credit limit and the terms of such credit may be established, changed, withdrawn or eliminated any time at MTB Metals’ sole and absolute discretion.

• C. Cancellations of Sales Orders with MTB Metals

  • Once we have issued a Sales Order confirmation, (a) all prices are locked-in, and (b) there is a binding contract between us for your transaction and, as a result, any market risk for breach is transferred to you at the time the Sales Order is confirmed. You have no right to cancel your Sales Order(s). However, if you default in your performance of payment, shipment or any other act required, we may cancel your Sales Order(s).
  • Any Sales Order cancellations are subject to our Market Loss Policy. Sales Order cancellations must be confirmed by MTB Metals. At that time, if any Market Loss to MTB Metals has occurred, it will be calculated and you are responsible for the loss. If applicable, you agree you have full responsibility and liability to MTB Metals for any cancellation fee and/or Market Loss and you agree to remit immediately (upon notice) to MTB Metals good funds for any cancellation fee and/or Market Loss. No future Orders by you may be permitted unless and until any Market Loss is paid in full. Market Gain on Sales Order cancellations vests in and shall remain the property of MTB Metals. Upon written confirmation by MTB Metals of your payment of the Market Loss, we will forgive further action against and your responsibility for any breach by you and all resulting damages owed to MTB Metals.

• D. Sales Order Changes

  • Because a Sales Order may not be changed, we suggest you take the time up front to make sure what you want is exactly what you request from us as reflected in your Sales Order.

• E. Sales Order Payment Requirements

  • When you buy from us, you must ensure that your payment is received by MTB Metals within two Business Days from the date your Sales Order is placed for Sales Orders to realize your locked-in price. If you default and payment is not timely received by MTB Metals, MTB Metals reserves the right in its sole discretion to (a) accept your payment; (b) refuse your payment and cancel your Sales Order; (c) close your account; and/or (d) preclude you from placing future trades or from making future Sales from MTB Metals.
  • If you default and your payment is not received timely by MTB Metals and a decline in the market price occurs, you will be liable for any Market Loss per our Market Loss Policy. You agree you have full responsibility and liability to MTB Metals for any cancellation fee and/or Market Loss. Any Market Gain on cancellations shall vest in and remain the property of MTB Metals.

2. Sending Your Payment

• • Payment instructions will be issued by email after you place your Sales Order. Payment must be dated within 48 hours of your Sales Order date. If you default and you do not meet these requirements, MTB Metals reserves the right to cancel Sales Orders. MTB Metals does not accept C.O.D. Sales Orders. We reserve the right to refuse or cancel any Sales Order at any time, including if it is deemed questionable or of significant risk to MTB Metals regardless of payment method and price confirmation and in such case, you waive any right to any claim or actual damages of any kind or nature whatsoever.

• A. Payment Options

  • You may pay for your Sales Order by ACH or Bank Wire.

• B. Wiring Funds

  • Once you have placed a Sales Order and we have issued a confirmation number, we will provide you with wire instructions, including our bank name, ABA routing number and account number.

• C. Currencies

  • We currently only accept payments for Sales Orders in U.S. dollars.

3. Shipping Your Product

• • Your Sales Orders are shipped by us, in our discretion, by FedEx, UPS, USPS or another common carrier. Depending on the total value, an armored carrier may be used. Each package is fully insured.

• A. Insurance for Sales Orders

  • MTB Metals insures all of its Sales Order shipments to you for the sale value of the enclosed Product purchased from MTB Metals, subject to the following limitations. We must be notified of a lost package within thirty (30) days from the ship date of your Order. Should anything happen while your package is in transit to you, you might be permitted to claim coverage under our insurance policy provided that you directly receive the package from the common carrier. Neither we, nor our insurance company, accept (and we specifically disclaim) responsibility if you have left instructions with any carrier or delivery service to leave parcels for you without the need for your signature. Nor do we, nor our insurance company, accept (and we specifically disclaim) responsibility if you have given any carrier or delivery service instructions to leave your package with someone else, such as a building manager, neighbor, or a drop-off location such as Mail Boxes Etc., The UPS Store, or similar third party drop off locations. In any such case, your package will not be covered for insurance by MTB Metals or our insurance carrier. If you do not receive the package directly from the common carrier, you agree to take all reasonable actions to assist in recovery of the package, including but not limited to filing out reports (and/or police reports) and providing all information needed or that may be requested to assist in recovery of the package. If you do not fully cooperate in recovery efforts, neither MTB Metals, nor our insurance company or carrier, will have any liability to you.

  • When we ship to you, if Products are lost or damaged in transit, it is our responsibility to pursue any claim with the insurance company. If we determine the package is lost or damaged, we file a claim. Once the claim is filed, we reserve the right to re-ship your items or refund your money at our discretion, and MTB Metals shall have no further responsibility or liability to you. If there is any disruption in the delivery of a package to you, you agree to cooperate with us in any investigation or claim process and to take every reasonable action requested of you in the process. Failure to fully cooperate will jeopardize coverage that may be provided to you.

• B. Back Ordered Items

  • Supply and demand problems occasionally occur in our business. From time to time, we have more buyers than sellers. We make all efforts to notify you upfront if a particular item is on a shipping delay. If this should happen, we reserve the right to delay delivery of your Sales Order(s) up to 28 calendar days, or longer if agreed upon prior to the transaction, (from your expected shipping date) to fill your Sales Order. Provided that you have not defaulted in any term of your completed transaction, even if the price were to rise, your price is locked in. We will deliver Bullion (non-Numismatic) Product within 28 calendar days. If your Sales Order included a Numismatic or supply item from MTB Metals and we are sold out, we will either place it on back order, attempt to locate another or refund your original sales price, in our sole discretion. If a refund is provided or there is any delay in sending your Products, you waive any right to any claim or actual damages of any kind or nature whatsoever.

• C. Drop-Ship Orders

  Drop-Ship Requests. Customer may, at its option and from time to time (either prior to, upon entering into, or subsequent to an MTB Sale) notify MTB, either by email or telephonically, requesting MTB to deliver one or more Client Orders directly to a Client (collectively, “Drop-Ship Orders”). Each Drop-Ship Order shall include the following information (collectively, the “Information”): (i) the Client’s name, shipping address (which excludes third-party drop off location such as Mail Boxes Etc., The UPS Store or similar third party drop off locations) and telephone number; (ii) a description in reasonable detail of the Products to be delivered to the Client; (iii) the specific carrier that Customer nominates to pick-up from MTB, transport and deliver the Products to the Client, whether the carrier and delivery arrangements are the carrier and delivery arrangements set forth in Schedule A (the “Agreed Carrier Arrangements”) attached hereto and made a part hereof, or the Customer requests another carrier and/or other delivery arrangements; (iv) any specific or special Client acceptance requirements (e.g. signature required); and (v) any other information in detail as may be reasonably requested by MTB involving or related to the Client, the Client Order, the nominated carrier, delivery arrangements, or otherwise (e.g. evidence of dealer registration in any state requiring dealer registration).

  • Drop-Ship Acceptances. MTB may at its option (but shall not be required to do so), agree to accept one or more such Drop-Ship Order requests and, if so agreed, shall notify the Customer of its receipt and acceptance or rejection of a Drop-Ship Order request, either by email or telephonically promptly following its receipt of a Drop-Ship Order. Notwithstanding MTB’s acceptance of a Drop-Ship Order, MTB shall not be bound or liable if it doesn’t arrangement shipment and refrains from taking any action until the Customer provides MTB with all of the Information. All carriers nominated by the Customer must be approved by MTB, which approval shall not be unreasonably withheld. Without limiting the foregoing, the Agreed Carrier Arrangements shall apply with respect to each Drop-Ship Order, unless MTB in its sole and absolute discretion agrees otherwise in its acceptance of a Drop-Ship Order. MTB reserves the right to cancel or modify its acceptance of a Drop-Ship Order, or any portions thereof, without any liability therefore, at any time prior to shipment of the Product to the Client.

  • Packaging. MTB shall package the Products in a manner reasonably designed to prevent damage to the Products.

  • Shipment. After acceptance of a Drop-Ship Order and as soon as commercially practicable, MTB will arrange shipment of the Client Order to the Client in accordance with the Agreed Carrier Arrangements, or as otherwise mutually agreed. MTB will attempt to meet requests for expedited delivery but cannot guarantee this.

  • Title and Risk of Loss. Title to Material and risk of loss thereof passes to Client FOB MTB’s shipping point. All shipments are subject to the standard limitations on loss or liability imposed by the carrier, and MTB shall not be responsible for any loss or damages exceeding those standard limitations except as noted in section 6.

  • Lost or Undelivered Orders. If a Party has reason to believe that a Product is lost or damaged in transit to a Client, such Party will promptly notify the other Party and reasonably cooperate in any investigation or claim process and take every reasonable action requested by the other Party in the process. Without limiting the foregoing, the Customer must notify MTB Metals of a lost shipment within seven (7) days from the shipment date of the Client Order, and within two (2) business days from the delivery date if the shipment has been received damaged or tampered with. Failure of the Customer to notify MTB Metals may jeopardize the insurance coverage.

  • The Party under whose carrier account the Client Order was shipped shall have the sole right and responsibility to file and pursue any claim with the carrier and the carrier’s insurance company. Notwithstanding anything in this Agreement or otherwise to the contrary, if the Client Order is shipped under MTB’s carrier account, MTB reserves the right and option in its discretion to re-ship the Product or re-fund the purchase price paid to MTB by the Customer, in which event MTB shall have no further responsibility or liability to the Customer.

  • Term. This Agreement shall become effective when you choose to use our Website and drop-ship option at checkout.

  • No Liability for Consequential Damages; Liabilities Not Assumed.

    • MTB SHALL NOT IN ANY EVENT HAVE ANY OBLIGATION OR LIABILITY (WHETHER IN TORT, CONTRACT, WARRANTY, OR OTHERWISE, AND NOTWITHSTANDING ANY FAULT, NEGLIGENCE OR STRICT LIABILITY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, SUSTAINED OR ARISING FROM OR RELATED TO ANY TRANSACTION CONTEMPLATED OR COVERED BY THIS AGREEMENT, EVEN IF MTB WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, MTB’S LIABILITY FOR ANY REASON AND UPON ANY CLAIMS SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE CUSTOMER TO MTB FOR THE PRODUCT INVOLVED.

    • Without limiting Section 8.a. above, MTB will not be liable for, nor will any adjustment, refund or credit of any kind be given as a result of, any loss, damage, delay, mis-delivery, non-delivery, mis-information or failure or delay to provide complete and accurate information caused by or resulting in whole or in part from (i) the act, default or omission of any person or entity, other than MTB, including those of any local state, or federal, provincial or national government body or agencies; (ii) MTB acting in a good faith belief as to legal requirements or in accordance with the instruction or request of any local, state or federal, provincial or national government body or agencies; (iii) Customer’s violation of any of the terms and condition in this Agreement or any terms and conditions of the carrier for the Client Order; (iv) force majeure (defined below); (v) MTB or the carrier’s compliance or noncompliance with any request to intercept a shipment in transit or to prevent delivery, or to release a shipment without obtaining a signature at a residential address when release has been authorized by the Customer; (vi) the loss of any personal or financial information including, but not limited to, social security numbers, date of birth and driver’s license numbers; (vii) Customer’s other acts or omissions including, but not limited to, use of an incomplete, inaccurate or invalid carrier account number; failure to provide complete and accurate Client delivery address information; and (viii) Customer’s failure to promptly notify MTB when it becomes aware of any delay, loss or damage of a shipment of a Client Order.

    • No representations or warranties, express or implied, are intended to be conveyed under this Agreement with respect to the Products, and MTB specifically disclaims any warranty of merchantability or fitness for a particular purpose hereunder with respect to the Products.

  • Limitation on Legal Actions. Any right Customer may have to damages, refunds, credits, recovery, disgorgement, restitution, injunctive relief, declaratory relief or any other legal or equitable relief whatsoever against MTB under any cause of action under or arising out of this Agreement shall be extinguished unless Customer files an action within one year from the date of delivery of the shipment of the Client Order or from the date on which the shipment of the Client Order should have been delivered.

  • To the maximum extent permitted by Applicable Law, the Parties hereby waive their respective right to trial by jury of any cause of action whatsoever arising out of or in any way related to or connected with this or any other agreement now or hereafter entered into between the parties whether on a contract, tort, or any other legal or equitable theory.

  • To the fullest extent permitted by applicable law, any right you may have to damages, refunds, credits, recovery, disgorgement, restitution, injunctive relief, declaratory relief or any other legal or equitable relief whatsoever against MTB Metals under any cause of action under or arising out of this agreement shall be automatically and irrevocably extinguished unless you file an action within one (1) year from the date of delivery of your metal or from the date on which your metal should have been delivered, whichever is applicable.

  • Miscellaneous.

    • Governing Law; Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Oklahoma, without regard to its conflict of laws principals. Jurisdiction and venue for any dispute, claim or controversy under or arising out of this Agreement, or relating to the breach, termination, enforcement, interpretation or validity thereof, shall be in the federal and state courts located in Oklahoma City, Oklahoma, and the Customer or any other person or entity making a claim against MTB in whatever form hereby submits to the personal jurisdiction in such forums for any and all purposes and disclaims any objection to such forums on the basis of inconvenient forum or otherwise.

    • Entire Agreement; Amendment. This Agreement, together with all schedules, appendices and amendments hereto, constitutes the entire agreement and understanding between MTB and the Customer with respect to the matters set forth herein and replaces any prior or contemporary agreements and understandings, whether oral or written, between them with respect to such matters. Customer shall not rely upon any statement made by or on behalf of MTB that is inconsistent with this Agreement. This Agreement may be amended, modified or waived only as provided for herein. A written waiver shall be effective only in the specific instances and for the specific purpose for which it is given. Any failure or delay by MTB in the exercise of any right, power or privilege under this Agreement shall operate as a waiver of any such right, power or privilege in such instance and shall not preclude any other or further exercise thereof.

    • Notices. Any notice required or permitted to be given by this Agreement shall be deemed to be given when personally delivered, when mailed by certified first class mail, return receipt requested, postage prepaid, or delivered by Federal Express or other reputable delivery service (e.g. UPS) to the appropriate recipient thereof, at the recipient’s address set forth in this Agreement, or at such other address which a Party may hereafter designate by written notice to the other Party.

    • No Third Party Beneficiary. This Agreement does not and will not confer any rights or remedies upon any person other than the Customer. Without limiting the foregoing, no Client, or other person or entity not a Party to this Agreement, shall be deemed a third party beneficiary of this Agreement, nor shall any of them have any right to claim under, or enforce, any of the provisions of this Agreement.

    • Severability; Survival of Provisions. If any provision of this Agreement is determined by an court of competent jurisdiction to be invalid, illegal or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality or unenforceability or, if that is not possible, such provision shall to the extent of such invalidity, illegality or unenforceability, be severed and the remaining portions of this Agreement shall remain in full force and effect. The provisions of this Agreement that are reasonable to survive termination of this Agreement shall survive termination of this Agreement.

    • Force Majeure. MTB shall not be liable for any loss or damage caused directly or indirectly by government quasi-governmental body or judicial law, rule, regulation, ordinance, decision, ruling, decision or restriction, Act of God, fire, war, insurrection or civil commotions, riots, flood, hurricane, explosion, bank failure, general internet or wireless communications or power failure, failure and/or error in or of MTB’s internal computer system, labor shortage or dispute, terrorism, hacking, denial of service attack, or any other cause beyond the reasonable control of MTB.

    • Counterparts. This Agreement may be executed in counterparts, and each counterpart of this Agreement executed by a Party shall be deemed an original of this Agreement. This Agreement may be signed and transmitted by electronic transmission as a PDF or by facsimile, and any copy with a digital or facsimile signature will be deemed a valid signature, and shall be deemed binding on the Parties as if it were an original signature.

    • Descriptive Headings; No Construction Against Draftsman. The headings used in this Agreement are descriptive only and for the convenience of the Parties, and are not determinative of the meaning or effect of any of the provisions of this Agreement. This Agreement shall be construed without regard to any presumption or other rule requiring construction against the Party causing this Agreement or any portion thereof to be drafted.

4. International Orders

• A. Duties, Taxes and Payments

  • All duties and taxes must be paid by the customer on Sales Order(s) delivery. You may be subject to taxes and/or duties for your Sales Order from MTB Metals. Please consult your local customs broker for more information on duty and tax rates.
  • All shipping amounts listed below are approximations. Please call us for the most current shipping charges.
  • MTB Metals always declares the full value of the shipment on any customs form. There are no exceptions to this rule.
  • Please ensure that all inbound international payments to MTB Metals are sent in full. MTB Metals is not responsible for any fund shortage due to an incoming wire fee that could be charged by the originating bank. Please ask this of your bank upfront as to not delay shipment of your order due to a shortage.

• B. International Delivery Requirements

  • If your Sales Order is returned to MTB Metals due to your refusal to pay duties or taxes, or if the carrier (for example, Federal Express or UPS) was unable to deliver your Sales Order, you agree you are responsible for any return shipping fees, additional duties, or applicable taxes for returning the package back to MTB Metals. In addition, if your package is returned to MTB Metals, we will not reship your Sales Order unless and until we are paid in full for any return shipping costs, duties, taxes we have had to pay or advance for you as well as any subsequent re-ship fees back to you.
  • International returns on Sales Orders are very costly and we strongly suggest making yourself aware of any duties or taxes before packages are shipped to avoid surprises. In addition, we strongly suggest making yourself available to the delivery company so your package is not returned to MTB Metals, subjecting you to unnecessary taxes, duties, shipping costs or delays. Delays for Sales Order re-ships could take 4-6 weeks or longer to complete when packages are not received as they should be. If you have any questions about your international shipment, please send an inquiry to [email protected].

5. Return Policy

• • We guarantee your satisfaction at MTB Metals. We provide all our customers with a refund, return and/or exchange policy on everything we sell including all bullion and certified coins. This right is limited to seven (7) days from the date on which the customer receives their items. The refund, return and/or exchange policy only applies to customers who notify our Customer Service Department by telephone at 2129814550 during normal business hours within seven (7) days from the date on which the customer receives their item and keeps the item in its original packaging. The Customer Service Department will give you instructions on how to return your items.
  • Shipping and handling charges are non-refundable. For returns, you must carefully package the product and you are responsible for the cost of return shipping. MTB Metals reserves the right, at its sole discretion, to reject any return that does not comply with these requirements.
  • We want our customers to be pleased with their purchases. If you have a problem for any reason, please feel free to call our offices and discuss it with us. We will always do our best to accommodate you.
  • On returning bullion related items, the customer may (at MTB Metals’ discretion) be required to pay for any market loss on their returns. Any market gain on refunds shall remain the property of MTB Metals.
  • Additional Terms - Additional terms relating to certain products (such as prices, methods of payment, our policies with respect to returns, refunds, and cancellations and/or exchanges) may be posted on the site on the pages describing the products.

6. Risks

• • All investments involve risk; Coins and Bullion are no exception. The value of a Bullion Coin (e.g., American Eagles or Canadian Maple Leafs) is affected by many economic factors, including the current market price of Bullion, the perceived scarcity of the Coins and other factors. Some of these factors include the quality and current demand and general market sentiment.
  • MTB Metals does guarantee that every item that we sell is genuine and that all Precious Metal items do contain the weight, fineness, and purity that we have advertised. However, all investments, of every type, involve some level of risk and Precious Metals are no exception. Like many markets, the Precious Metals market is speculative, and it is unregulated. The value of any Bullion item is generally determined by current spot price of the underlying Precious Metal, and by the supply and demand for these particular items. These prices will fluctuate throughout the day while the Precious Metals market is open.
  • Dealer represents and warrants to MTB Metals that it has sufficient experience and knowledge to make informed decisions in all of its transactions with MTB Metals, including but not limited to when buying from or selling to MTB Metals. Dealer, Sales and/or other transactions, and that MTB Metals is not making any recommendation with respect to same. Dealer also expressly acknowledges that: (a) Dealer is subject to a variety of risks in connection with any transaction with MTB Metals, and such risks are beyond the control of MTB Metals; (b) neither MTB Metals, nor its officers, directors, agents, employees or shareholders are liable or responsible for such risks; and (c) the referenced risks include, without limitation, risks associated with the price volatility of the Products, particularly Precious Metals and that under certain market or other conditions (such as technological or other disruptions), and/or that Dealer may not be able to liquidate the purchased Products or to liquidate the purchased Products at prices acceptable to Dealer.
  • Dealer acknowledges, understands and agrees that all investments involve risk - Coins and Bullion are no exception; the value of a Bullion Coin (e.g., American Eagles or Maple Leafs) is affected by many economic factors, including the current market price of Bullion and the perceived scarcity of the Coins and other factors; and that some of these factors include the quality, current demand and general market sentiment. Dealer, not MTB Metals, assumes all such risks and any loss or damage to Dealer as a result. Dealer further acknowledges and agrees that because both Bullion and Coins can go down as well as up in value, investing in them may not be suitable for everyone. Because all investments, including Bullion and Coins, can decline in value, Dealer will understand them well, and have adequate cash reserves and disposable income before considering a Bullion or Coin investment.

7. Selling to Us

A. Types of Purchase Orders

• • When you sell your items to us through our Website, our minimum Purchase Order amount is $5,000.00 (USD).
  • MTB Metals may, at its sole discretion, accept Purchase Orders for under $5,000.00 (USD) but any and all such transactions must be confirmed by the Trade Desk directly and may not be eligible for completion on the MTB Wholesale online platform.

B. Delivery Terms for Purchase Orders

• • The Metal sold must be delivered to a location specified by MTB Metals within five business days (unless otherwise agreed to, in advanced, by MTB Metals in writing) after the date of the Trade and will be received by MTB Metals or its depository agent on a “said to contain” basis as to quality and quantity. All metal received by MTB Metals is subject to MTB Metals’ inspection, within three (3) business days of its receipt, to verify the quality and quantity. If the verification by MTB Metals indicates a shortage of metal received from what was specified in the Trade or if the metal in whole or in part is unacceptable to MTB Metals, in its sole and absolute direction, then MTB Metals may require you to undertake any of the following: (i) rectify the shortage within two business days by delivering the short metal or replacement metal to MTB Metals, (ii) repurchase of the entire Trade volume of metal at the then current market prices from MTB Metals after the Trade is cancelled by MTB Metals or (iii) payment to MTB Metals at the then current price of the difference between the amount of metal specified in the Trade and the amount of acceptable metal received by MTB Metals. In addition to the foregoing, MTB Metals may pursue any other remedies it may possess against you at law or in equity. Payment will be made to you upon MTB Metals’ receipt, inspection, and satisfaction with the metal.
  • Additionally, if your Purchase Order transaction obligation(s) are not met and/or your Purchase Order transaction is canceled by MTB Metals, you agree you are responsible for and liable to cover any Market Loss we might or do incur by accepting the Purchase Order to buy from you. This is covered in our Market Loss Policy. Furthermore, in our sole discretion, you may not be permitted to buy from or sell to us in the future. If you call and provide us with the tracking number as required, and we do not receive the items within 5 Business Days from the date the delivery to us was initiated and the delay is due to the USPS, UPS or Federal Express, we may, but are not obligated to, extend the deadline on a case by case basis and in our sole discretion. All risk of loss in any Purchase Order transaction is borne by you until MTB Metals takes actual physical custody and control of each and all of the Product(s) that are the subject of the Purchase Order. Furthermore, MTB Metals is not responsible for shortages when packages arrive with no visible sign of external damage and/or no evidence that the package has been opened or tampered with. Upon receiving a damaged package, MTB Metals will attempt to contact the Dealer in order to receive the Dealer’s preference directing MTB Metals to either open the package, with the Dealer’s acknowledgment that any shortage after opening the damaged package would be the responsibility of the Dealer, OR, the Dealer could choose to have MTB Metals return the unopened and damaged package to them.

C. MTB Metals’ Payments to You for Purchase Orders

• • When we receive the package containing your Purchase Order items, and after we have confirmed the quality, quantity and otherwise the entire accuracy of the transaction, we will typically send you the payment due within 1-2 Business Days by Bank Wire or offsetting Trade transactions (simultaneous buy and sell where the transaction dollars would be netted out and appropriate funds owed to either party sent via Bank Wire). If you have an established credit line with MTB Metals, we may remit payment prior to receiving your products.

D. Cancellation of Purchase Orders

• • Once we have issued a Purchase Order confirmation number (a) all prices are locked-in, and (b) there is a binding contract between us for your transaction and, as a result, any market risk for breach is transferred to you at the time the Purchase Order is confirmed. This is a benefit to you because you know your price at your Purchase Order confirmation time.. You have no right to cancel Purchase Order(s). However, if you default in your performance of shipment, quality, quantity or any other act required to complete the Purchase Order transaction as required, we may cancel your Purchase Order(s). We reserve the right to cancel any Purchase Order at any time and for any reason.
  • All Purchase Order cancellations are subject to our Market Loss. Purchase Order cancellations will be confirmed. At that time, if any Market Loss to MTB Metals has occurred, it will be calculated and you are responsible for the loss. If applicable, you agree you have full responsibility and liability to MTB Metals for any Market Loss and you agree to remit immediately (upon notice) to MTB Metals good funds for any cancellation fee and/or Market Loss. No future Orders may be permitted until any Market Loss is paid in full. Any Market Gain on Purchase Order cancellations vests in and shall remain the property of MTB Metals, and MTB Metals shall have no responsibility to you for Market Gain. Upon written confirmation by MTB Metals of your payment of the Market Loss, we will forgive further action against you and your responsibility for any breach by you and all resulting damages owed to MTB Metals.

F. Purchase Order Fees

• • When you sell your items to us there are no hidden fees or charges. The prices quoted are the prices we will pay, assuming products are delivered as advertised.

8. Market Loss Policy

• • When you buy from MTB Metals, once we have issued a Sales Order confirmation number, you have a binding contract, the transaction price is locked-in and any corresponding market risk is transferred to you. This is a benefit to you because you know your price at your Sales Order confirmation time and we believe this is one of the key benefits of transacting with MTB Metals. If you default in your performance of payment, shipment or any other act required by you, we may cancel your Sales Order(s). If your Sales Order(s) is canceled, you agree you have full responsibility and liability to MTB Metals for any Market Loss. You must also pay, and have full responsibility and liability to, MTB Metals for all fees and costs associated with MTB Metals’ efforts in collecting from you. Any Market Gain on Sales Order cancellations shall vest in and remain the property of MTB Metals, and MTB Metals shall have no responsibility to you for Market Gain. We reserve the right to cancel any Sales Order at any time and for any reason. All future Sales Orders will be held for shipment until any/all outstanding Market Loss and/or cancellation fee balances have been paid in full.
  • When you sell to MTB Metals, once we have issued a Purchase Order confirmation number, you have a binding contract, the transaction price is locked-in and the corresponding market risk is transferred to you. This is a benefit to you because you know your price at your Purchase Order confirmation time and we believe this is one of the key benefits of transacting with MTB Metals. If you default in your performance of shipment, quality or quantity or any other act required by you, we may cancel your Purchase Order(s). If your Purchase Order(s) is canceled, you agree you have full responsibility and liability to MTB Metals for any Market Loss. You must also pay, and have full responsibility and liability to, MTB Metals for all fees and costs associated with MTB Metals’ efforts in collecting from you. Any Market Gain on Purchase Order cancellations shall vest in and remain the property of MTB Metals, and MTB Metals shall have no responsibility to you for Market Gain. We reserve the right to cancel any Purchase Order at any time and for any reason.
  • Market Loss is defined as the loss due to fluctuations in metal prices on confirmed orders should those orders be cancelled.

9. Binding Contract

• • Once you have placed a Sales Order to buy from MTB Metals or a Purchase Order to sell to MTB Metals, you have entered into a binding contract.

10. General Provisions

• A. Absence of Relationship

  • The sole relationship between MTB Metals and you is that of buyer seller. No other relationship, including, without limitation, any agent principal relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, between MTB Metals and you exists.

• B. Additional Items

  • Additional terms relating to certain Products (such as prices, methods of payment, our policies with respect to returns, refunds, and cancellations and/or exchanges) may be posted on the site on the pages describing the Products.

• C. Assignment

  • You may not assign any of your rights or obligations under this User Agreement without the prior written consent of MTB Metals, which may be granted or withheld by MTB Metals in its sole discretion. This contract, including but not limited to the User Agreement, shall be binding on all permitted assigns and successors of MTB Metals and you.

• D. Confidentiality

• • You shall hold the existence and terms of all your transactions with MTB Metals, including, without limitation, the existence of any disagreement or dispute and the existence and the terms of any resolution thereof, in strictest confidence and you shall not disclose any such information to any person or entity unless (a) such disclosure is required by applicable law or regulation or (b) such disclosure is required by a court or other tribunal of competent jurisdiction. If you become aware that you may be required to make any disclosure of such information, including, without limitation, as a result of the receipt of a subpoena or other compulsory process, you shall promptly notify, in writing, MTB Metals and you shall cooperate, in good faith, with MTB Metals in obtaining a protective order or other appropriate relief, if any, with respect to such disclosure.

• E. Dispute Resolution

  • It is MTB Metals’ goal that any disagreement or dispute be resolved expeditiously. We encourage you to contact our Trading Department at 212-981-4450 if you have any concerns and to try to resolve this amicably between us. If an amicable resolution cannot be reached, you agree that any and all disagreements and disputes between us shall be resolved in accordance with the following paragraphs:

  • 1. Forum Selection and Governing Law.

    • The federal and state courts located in Oklahoma County, Oklahoma, shall have exclusive jurisdiction of all actions arising out of or relating to the transactions between you and MTB Metals, including but not limited to the User Agreement. All such disputes shall be resolved exclusively in such federal and state courts, as appropriate, in that jurisdiction. You hereby consent to personal jurisdiction and venue in those federal and state courts for the purpose of resolving any disagreements or disputes between us and waive all objections to the jurisdiction of such federal and state courts. Any action arising out of or relating to the User Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Oklahoma, without regard to conflict of laws principles.

  • 2. Waiver of Jury Trial;

    • Both MTB Metals and you hereby waive the right to a trial by jury in connection with any dispute arising out of or relating to the User Agreement and the transactions between them. Both MTB Metals and you also waive any arbitration requirements to which they might otherwise be subject.

• F. Force Majeure

  • If MTB Metals cannot perform any obligation hereunder as a result of any event that is beyond its control, MTB Metals’ delay or failure to perform such obligation shall be excused and MTB Metals shall not be liable for any damages as a result of, or in connection with, such delay or such failure.

• G. Further Assurances

  • You shall execute and deliver such other documents and take such other actions as may be reasonably requested by MTB Metals to carry out your obligations under the User Agreement.

• H. Notices

  • Except as otherwise provided herein, all notices and other communications to MTB Metals shall be directed to MTB Metals, c/o Chief Financial Officer, 48 W 37th St 17th Floor New York, NY 10018, and all other notices and other communications to you shall be directed, at the option of MTB Metals, to the address that you provided to MTB Metals at the time of your registration.

• I. Recording of Phone Conversations

  • As part of its business, MTB routinely records telephone conversations, and such recording will be used by MTB routinely as part of the communications under or arising out of this Agreement. Customer acknowledges and agrees to MTB’s telephonic recordings of its telephone conversations with MTB and same are enforceable to the same extent as written communications between the Parties.

• J. Absence of Waivers

  • A decision or a failure by MTB Metals to take action with respect to any non-compliance by you of your obligations to MTB Metals or to insist upon strict adherence to any term in the User Agreement, does not affect the ability of MTB Metals with respect to any other non compliance by you, and does not waive or limit MTB Metals’ right thereafter to insist upon strict adherence to that or any other term, whether of a similar or dissimilar nature.

• K. Pricing or Typographical Errors

  • We work hard to provide accurate Product and pricing information to you. However, pricing or typographical errors may occur. In the event that an item is listed at an incorrect list price or with incorrect information due to an error in pricing or Product information, MTB Metals shall have the right, at our sole discretion, to refuse or cancel any Sales Orders placed by you for that item. We will either contact you for instructions or cancel your Sales Order and notify you of such cancellation. Prices and availability are subject to change without notice. If a refund is provided or there is any delay in sending you your Products, you waive any right to any claim or actual damages of any kind or nature whatsoever.

• L. Security

  • MTB Metals takes security very seriously. Our security measures protect the loss, misuse and alteration of all information under our control. Our system is based on the SSL (Secure Socket Layer) encryption standard. Provided you are using an SSL-compliant browser such as Microsoft Internet Explorer, Google Chrome, Mozilla Firefox or Apple Safari, you'll be able to conduct fully-protected transactions that encrypt all of your personal information, including name and address, so it cannot be read as the information travels from you to MTB Metals. Furthermore, all of the customer data we collect is protected against unauthorized access. See our Privacy Policy for additional information. For the sake of clarity, the Privacy Policy shall be deemed incorporated and made part of this Agreement by reference.

• M. Section Headings

  • The section headings are included for ease of reference and do not affect the interpretation or the scope of the User Agreement.

• N. Severability

  • The User Agreement is intended to be enforceable to the fullest extent permitted by applicable law. If any term of the User Agreement is held to be unenforceable for any reason, such unenforceability shall not affect the other terms of the User Agreement, and the term that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.

• O. Amendment

  • MTB Metals may amend the User Agreement at any time by posting the amended terms on the Website and such amendments shall become effective immediately.

• P. Entire Agreement

  • The User Agreement, the Privacy Policy and confirmations of the Sale or Purchases transactions hereunder set forth the entire understanding between MTB Metals and you with respect to the subject matter of our transactions.

• Q. User Content and Conduct

  • At times, if and where applicable at the Website, you may be invited to post User Content. You understand that all User Content, whether you have publicly posted on a forum or privately transmitted to another or to us, is your sole responsibility. Though the Website is designed to be a safe place to share such User Content, MTB METALS cannot guaranty that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential or do not want others to use, do not post it to the Website. Under no circumstances will MTB METALS be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Website. The MTB METALS entities are not responsible for a user’s misuse or misappropriation of any User Content you posted at the Website.
  • By posting any User Content at the Website, you hereby grant MTB METALS and its designees a royalty-free, fully paid-up, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part), throughout the world in any form, media, or technology now known or later developed. You specifically waive any “moral rights” in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: (a) you own the User Content posted by you or otherwise have the right to grant the license set forth in this section; and (b) the posting of your User Content at the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you post at the Website.
  • You acknowledge and agree that MTB METALS may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claim(s) or assertion(s) that any User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of MTB METALS, its users and the public. You understand that the technical processing and transmission of the Website, including your User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
  • You agree to each of the conditions in this Agreement and further agree that each of these conditions applies forever and broadly with regard to MTB METALS worldwide. Posting of User Content to or through the Website, including ideas or disclosures of opinions, is voluntary on your part. No confidential or contractual relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content. MTB METALS shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the Website. MTB METALS shall be entitled to unrestricted use of any User Content it may receive from you at the Website, for any purpose whatsoever, commercial or otherwise, without compensation to you as the provider of the User Content.
  • You agree that you will not use the Website to:
    1. upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    2. harm minors in any way;
    3. impersonate any person or entity, including, but not limited to a representative of MTB METALS, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Website;
    5. upload, post, email or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    6. upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    7. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
    8. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
    10. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
    11. "stalk" or otherwise harass another; or
    12. collect or store personal data about other Website users.
  • You understand that by using the Website, you may be exposed to User Content created by others that is offensive, indecent or objectionable. MTB METALS does not endorse or have control over User Content. User Content is not reviewed by MTB METALS prior to posting and does not reflect the opinions or policies of MTB METALS. MTB METALS makes no representations or warranties, express or implied as to User Content or the accuracy and reliability of User Content or any other material or information that you may access through the Website. MTB METALS assumes no responsibility for monitoring the Website for inappropriate submissions or conduct. If at any time MTB METALS chooses, in its sole discretion, to monitor the Website, MTB METALS nonetheless assumes no responsibility for User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the Website users submitting any such User Content. Notwithstanding the foregoing, MTB METALS and its designees shall have the right to remove any User Content that violates this Agreement or is otherwise objectionable, in MTB METALS’s sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content.
  • You are solely responsible for your interactions with other Website users. MTB METALS reserves the right, but has no obligation, to monitor disputes between you and other Website users and to terminate your Website access if MTB METALS determines, in its sole discretion, that doing so is prudent.

• R. Indemnification

  • Dealer shall indemnify, hold harmless and defend MTB Metals, subsidiaries, affiliates, related companies and each of their respective directors, officers, shareholders, employees and agents from and against any and all costs, damages, expenses, liabilities and obligations, including, without limitations, reasonable attorneys’ fees, that any of them incur(s) as a result of, or in connection with: (a) any breach of representation or warranty made by Dealer to MTB Metals or (b) Dealer’s failure to comply with the MTB Metals User Agreement or the policies or procedures adopted or used by MTB Metals.

• S. Limitation of Liability

  • In addition to, and without excluding any other limitation(s) of liability, in the event MTB Metals is determined to be liable to Dealer in connection with any transaction between MTB Metals and Dealer, MTB Metals’s liability to Dealer shall be limited to the greater of: (a) the amount, if any, that Dealer paid in the applicable transaction(s); or (b) one hundred dollars ($100.00). MTB Metals shall not, in any event, be liable to Dealer for any consequential, exemplary or indirect damages.

11. Terms of Use

• • This website is owned and operated by MTB Metals. Access and use of this website is provided by MTB Metals to you on condition that you accept these Terms of Use, and by accessing or using this website, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this website.
  • MTB Metals may revise and update these Terms of Use at any time and without notice. You are cautioned to review the Terms of Use posted on the website periodically. Your continued access or use of this website after any such changes are posted will constitute your acceptance of these changes.

• A. Use of the Site

  • This website and its contents, including photography and other MTB Metals-owned assets, (the “Content”) are intended for customers of MTB Metals. You may not use this website or the Content for any purpose not related to your business with MTB Metals. You are specifically prohibited from: (a) downloading, copying, or re transmitting any or all of the website or the Content without, or in violation of, a written license or agreement with MTB Metals; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the website or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any MTB Metals product or service if you are not expressly authorized by such party to do so; and (e) using the website or the Content other than for its intended purpose, as determined solely in MTB Metals’ discretion, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
  • You may not interfere with the security of, or otherwise abuse this website or any system resources, services or networks connected to or accessible through this website. You may only use this website for lawful purposes.

• B. Intellectual Property

  • All materials, including the organization and presentation of such material, on this website, including wholly owned brand assets such as photography (the “Materials”) are the property of MTB Metals and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trademarks, trade names, internet domain names and other similar rights.
  • Unless you have entered into a separate agreement with MTB Metals, any other use of these Materials without MTB Metals’ written permission is prohibited. Action taken as a result of use of Materials without express written permission from MTB Metals is at the discretion of MTB Metals and our legal team.

• C. Trademarks

  • MTB Metals and any other product or service name or slogan contained in the Site are trademarks of MTB Metals and may not be copied, imitated or used, in whole or in part, without the prior written permission of MTB Metals or the applicable trademark holder. You may not use any “hidden text” utilizing “MTB Metals” or any other name, trademark or product or service name of MTB Metals without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of MTB Metals and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

13. Definitions

• • The following terms have the following meanings in the User Agreement:

• A. MTB Metals

  • The term "MTB Metals" means MTB Metals LLC, a Delaware limited liability company, with a principal business address of 48 West 37th Street, 17th Floor, New York, New York 10018

• B. Bullion

  • The term "Bullion" means the term that is used to describe (1) Gold, Silver, Platinum or Palladium Coin(s), bar(s) or round(s) which closely follow spot prices and have little or no Numismatic value (such as restrikes); and (2) the form in which metal is shaped such as bars, ingots or wafers.

• C. Business Day(s)

  • The term "Business Day(s)" means a day other than a Saturday, a Sunday or a day that is a holiday under the federal law of the United States of America and/or the laws of the State of Oklahoma.

• D. Coin(s)

  • The term "Coin(s)" means a stamped piece of metal of a known weight and fineness issued by a sovereign government.

• E. Dealer

  • The term "Dealer" means a person that buys Products from MTB Metals, sells Products to MTB Metals and/or places orders with MTB Metals related to Products, including Bullion, Coins and/or other Precious Metal Products, and/or Dealer otherwise uses services offered by MTB Metals.

• F. Fair Market Value

  • The term "Fair Market Value" means the Fair Market Value of the Product as determined by MTB Metals, in its reasonable discretion, as of 5:00 p.m., Central Time, on the date of cancellation of the Sales Order or the Purchase Order.

• G. Market Gain

  • The term “Market Gain” means:
    1. When a Sales Order or Sale, as the case may be, is canceled by MTB Metals, Market Gain occurs when the Fair Market Value of the Product(s) on the date of the canceled Sales Order or Sale is greater than the original sales price of the Product(s) as it appears on the canceled Sales Order.
    2. When a Purchase Order or Purchases, as the case may be, is canceled by MTB Metals, Market Gain occurs when the Fair Market Value of the Product(s) on the date of the canceled Purchase Order or Purchases is less than the original purchase price of the Product(s) as it appears on the canceled Purchase Order.

• H. Market Loss

  • The term “Market Loss” means:
    1. When a Sales Order or Sale, as the case may be, is canceled by MTB Metals, Market Loss occurs when the Fair Market Value of the Product(s) on the date of the canceled Sales Order or Sale is less than the original sales price of the Product(s) as it appears on the canceled Sales Order.
    2. When a Purchase Order or Purchases, as the case may be, is canceled by MTB Metals, Market Loss occurs when the Fair Market Value of the Product(s) on the date of the canceled Purchase Order or Purchases is greater than the original Purchase price of the Product(s) as it appears on the canceled Purchase Order.

• I. Numismatics

  • Numismatics refers to the study or collection of anything used as a medium of exchange.
  • Numismatic Coins refers to a coin, the price of which depends more in its (their) rarity, condition, dates and mintmarks than on their Precious Metal content, if any.

• J. Order(s)

  • The term "Order(s)" means, as applicable, a confirmed Sale by a customer or Purchase by MTB Metals, whether such Order was made through the Website, by telephone, in person or otherwise.

• K. Precious Metal(s)

  • The term "Precious Metal(s)" means Gold, Silver and Platinum along with the Platinum group of elements: rhodium, osmium, ruthenium, Palladium and iridium. Precious Metals are characteristically lustrous, ductile, rare and nonreactive.

• L. Product(s)

  • The term "Product(s)" means a Product that is the subject of an Order. A Product may include, without limitation, Bullion, a Coin, whether Numismatic, Semi-Numismatic or not, a Precious Metal, and/or supplies.

• M. Purchase(s)

  • The term "Purchase(s)" means the acquisition of Product(s) by MTB Metals from a customer, whether made through the Website, by telephone, in person or otherwise, with the number, quality and price confirmed. A Purchase is distinct from the acquisition by a customer from MTB Metals of a Product, which is treated as a Sale hereunder.

• N. Purchase Order(s)

  • The term "Purchase Order(s)" means an Order placed by MTB Metals with a customer for the acquisition by MTB Metals of Product(s) from the customer.

• O. Sale(s)

  • The term "Sale(s)" means the acquisition of Product(s) by a customer from MTB Metals, whether made through the Website, by telephone, in person, or otherwise, with the number, quality and price confirmed. A Sale is distinct from the acquisition by MTB Metals from a customer of a Product, which is treated as Purchases hereunder.

• P. Sale Order(s)

  • The term "Sale Order(s)" means an Order placed by a customer with MTB Metals for the acquisition by the customer of Product(s) from MTB Metals.

• Q. Semi-Numismatic

  • The term "Semi-Numismatic" means a Coin that has both Bullion and Numismatic value.

• R. Website

  • The term "Website" means the website located at www.Wholesale.MTB Metals.com.