| Terms & Conditions
________________ , hereby acknowledges receipt of and agrees to the following terms and conditions:
1) Other than as stated herein, no representations of any kind have been made to the customer.
2) The yield or assay is one of the criteria used as the basis for determining the content and/or quality of the precious metals to be purchased from customer and/or to be credited to customer account. The other factors include, but are in no way limited to, the character and historic quality of customer materials, Pease & Curren's laboratory analysis and the uncertainties thereof, inspection of the materials, samples tested, refinery inventory results, customer's estimate or projection of precious metal contentin the materials, the estimated yield on final recovery, Pease & Curren's risk and costs, Pease & Curren's refining practices, the size of the shipment and amount of scrap, and (collectively, the "settlement" assay).
3) Based on the settlement assay, with its various components, final settlement is reached by agreement between customer and Pease & Curren. Pease & Curren makes an offer to customer based on the settlement assay, with its various components. The seller then, as its free act and deed, accepts or rejects Pease & Curren's offer.
4) There are no warranties being given to customer whatsoever, either express or implied.
5) Pease & Curren's sole liability for damages in connection with any claim or dispute, whether based on contract, tort, or other legal theory shall be limited to Pease & Curren's settlement fees, if any, paid to customer pursuant to this quotation with respect to the materials which are the subject matter thereof.
6) In the absence of specific requirements, which are only in affect if agreed to in writing by Pease & Curren, commercial tolerances and custom and usage shall be applicable.
7) This quotation shall be governed by the law of the state of Rhode Island.
______________________________
By: ___________________________
Its:
Dated: _________________________, 2010
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