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Terms and Conditions

Terms and Conditions

This Customer Agreement (this "Agreement") is made and entered into by and between Trident Precious Metals, LLC, a California limited liability company with a business located at 2317 Banyan Drive, Los Angeles, CA 90049, and the person(s) or entity identified on the signature page hereof ("Customer") _______________ for the purchase, sale and delivery of precious metals, coins and other products offered by Trident Precious Metals. The terms and conditions of this Agreement shall apply to all transactions between Customer and Trident Precious Metals.

1.Purchases and Payments.

Customer may place an order (each, a "Purchase Order") with a Trident Precious Metals representative (each, a "Trident Representative") by telephone for the purchase, sale and delivery of Products which shall have the same effect as if the Purchase Order was made in writing. Customer's Purchase Order will be confirmed

1.2 Trident Precious Metals, LLC will send Customer a written confirmation of each Purchase Order (the "Confirmation") at the address, or email address provided by Customer to Trident Precious Metals. The amount due under the Purchase Order (the "Purchase Price") shall be due and payable in full to Trident Precious Metals, LLC at the time of purchase. Failure to pay the Purchase Price within the Payment Period shall constitute a default by Customer. Upon such default, Trident Precious Metals, LLC will be relieved of all its obligations under the Purchase Order and shall have such rights as are available under applicable law.

1.3 Customer agrees to pay the Purchase Price by personal check, credit card or bank wire (except that any payments for bullion shall be made by check or bank wire only). The Purchase Price specified in a Purchase Order shall include, without limitation, all shipping, handling, delivery, taxes (including any sales, use or similar tax where applicable), assessments and other fees imposed on transactions involving the Products. All amounts stated in a Purchase Order are in U.S. Dollars and all payments made by Customer to Trident Precious Metals, LLC under a Purchase Order shall be made in the U.S. and in U.S. Dollars.

2. Spread.

The difference between the Purchase Price Customer pays for Products under a Purchase Order and the price that Trident Precious Metals, LLC actually pays for the Products purchased by Customer under such Purchase Order is known as the "spread" and it is stated as a percentage of the Purchase Price paid by the Customer. The spread on Tridents bullion and numismatic coins typically ranges between 4% and 21%. (For example, if Trident’s quoted price for a bullion coin was $1000 and included a 10% spread, Trident’s cost for that coin would be $900.

3. Pricing.

The prices quoted by Trident Precious Metals, LLC for the Products are established by Trident upon its analysis of each item and may change many times during the day. The prices quoted by Trident for the Products are not tied to prices quoted by any other organization and there are no established daily limits on the amount those prices may change. Trident Precious Metals, LLC reserves the right to increase or decrease its prices at its sole discretion at any time. Customer is encouraged to compare Trident’s prices with those offered by other precious metal sellers.

4. Delivery.

Trident Precious Metals, LLC shall arrange for the shipment of the Products to Customer, or Customer’s appointed agent or designee, within fourteen (14) business days (or such lesser period as required by law) of Trident Precious Metals, LLC’s actual receipt of the full Purchase Price from Customer. Title to the Products purchased by Customer and risk of loss thereto shall pass to Customer upon, or Customer’s appointed agent's or designee's actual receipt of the Products.

5. Taxes.

Any tax consequences of transactions with Trident are the sole responsibility of Customer. Customer shall pay to Trident Precious Metals, LLC any sales, use or other tax applicable to transactions involving the Products.

6. Buy-Back Policy and Customer Service.

If in the future you decide that you would like to sell any precious metal or coin products purchased from Trident, as a service to our customers, Trident Precious Metals, LLC will provide you the opportunity to sell such products back to us at the current market value determined by Trident Precious Metals for such products on the day the sale to us is completed. You are, of course, free to sell to others, but we believe that you may receive a higher net price by selling to Trident Precious Metals because we are familiar with the products that we have sold you, and do not charge any additional fees or commissions when making such purchases. Due to market conditions and other factors, you may receive less than what you originally paid. Trident Precious Metals will make payment for any purchased Product within thirty (30) days of the date of receipt of the Products from Customer. Our buy-back policy is a voluntary service to our customers and is subject to withdrawal or change without notice.

7. Refunds and Returns.

Trident Precious Metals provides Customer the right to receive a full refund of the Purchase Price for the return of undamaged and unused Products; provided, however, that Trident Precious Metals receives written notice of Customer's intention to return the Products within seven (7) days after the date that Customer receives the Products. Trident Precious Metals shall, upon written notice of cancellation and receipt of the Products in the same condition as delivered, issue a full refund of the Purchase Price to Customer within thirty (30) days of the date of Trident's receipt of the returned Products from Customer.

8. Customer Representations.

Customer hereby represents to Trident Precious Metals that (i) Customer is of legal age and capacity and has the requisite powers, authority, and rights necessary to enter into this Agreement and to perform its obligations under this Agreement; (ii) Customer is not a party, and will not become a party, to any agreement, obligation, or understanding that is inconsistent with this agreement or might limit or impair Customer's performance of its obligations under this Agreement; (iii) Customer is an experienced investor who understands the risks and obligations involved under this Agreement; and (iv) Customer's transactions under this Agreement shall be for investment or other commercial purposes and not for any personal, family, household or other consumer purposes.

9. Acknowledgements.

Customer acknowledges that Trident Precious Metals is a seller of precious metals, coins and other related products. Customer further acknowledges that Trident Precious Metals is not an exchange or brokerage house or a financial or investment advisor.

9.2 Customer acknowledges that purchases of the Products are speculative and volatile, and prices may rise and fall over time. Customer acknowledges that profit can only be made if prices for the Products rise in an amount over the Purchase Price paid by Customer for the Products and that Customer may still incur a loss despite favorable price movements.

9.3 Customer acknowledges that Customer is financially and emotionally able to enter into transactions which are contemplated by this Agreement and is sensitive to and able to accept the risks and to meet the financial commitments being made under this Agreement.

9.4 Customer acknowledges that Customer is responsible for all purchases made on Customer's account. If Customer believes that a Purchase Order has been entered into for Customer's account without Customer's authorization, Customer shall immediately notify Trident Precious Metals. Similarly, if Customer believes that any Trident Precious Metals representative has made a verbal or written representation that is inconsistent with the terms or risks set forth herein or is unprofessional or offensive in nature, Customer will notify Trident Precious Metals immediately.

10. Governing Law/Arbitration.

The formation of this Agreement constitutes the making of this contract within Los Angeles County, California, regardless of the manner, timing or location of delivery or receipt of acceptance of this Agreement. The parties agree that Los Angeles County, California is the exclusive venue for filing any action and hearing concerning disputes arising from or relating to the Products or this Agreement. This Agreement shall be governed by the laws of the State of California excluding conflict of law principles, except to the extent such laws conflict with federal law, in which event federal law shall govern.

BY ENTERING INTO THIS AGREEMENT, EACH PARTY HEREBY AGREES TO HAVE ALL CLAIMS, DISPUTES AND CONTROVERSIES ARISING OUT OF OR RELATING TO THE PRODUCTS OR THIS AGREEMENT DECIDED BY ARBITRATION (INCLUDING THE ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE).

10.2 Customer acknowledges that Trident Precious Metals representatives are not licensed as investment advisors and are not making any specific recommendations concerning any assets. Trident Precious Metals and the Trident Precious Metals representatives are not agents for Customer and owe no fiduciary duty to Customer. Trident Precious Metals representatives are commissioned salespersons whose commissions are greatest on numismatic, semi-numismatic and premium items and least on bullion. Customer acknowledges that Trident Precious Metals believes precious metals and coins are appropriate additions to a portfolio, although certain individuals or organizations might recommend varying percentage amounts of a portfolio. Customer agrees to independently determine what percentage is appropriate for Customer based upon Customer’s individual circumstance. Customer acknowledges that precious metals and coins should be considered a long-term purchase and are subject to capital risk.

10.3 Customer acknowledges that Customer has conducted and will conduct Customer's own research and analysis regarding the Products that Customer may purchase from Trident Precious Metals and Customer will not rely upon any statements made by a Trident Precious Metals Representative concerning the future value of the Products that Customer may purchase. Customer acknowledges that precious metals and coins do not earn interest or current income.

10.4 Customer acknowledges that Trident Precious Metals, LLC policy with respect to the 1930’s gold recall by the Government is as follows: “In 1933, the U.S. Government, by Executive Order, prohibited the private ownership of certain quantities of gold bars and coins. There were several exceptions to this ban, including allowing people to own “gold coins having a recognized special value to collectors of rare and unusual coins.” At the time the United States was on the gold standard. Since 1971 the United States has not been on the gold standard. The Executive Order prohibiting private ownership was repealed in 1974. Currently, there are no restrictions on gold ownership, and the ability of the U.S. Government to recall gold is limited to times of war and requires action by the President or Congress. No one can say with certainty if or how the U.S. Government might prohibit ownership of gold in the future, or whether any particular gold product might be exempt from any future prohibitions.”

10.5 Customer acknowledges that Trident Precious Metals, LLC policy with respect to the reportability of precious metals is as follows: “Many of our customers are concerned about personal privacy or disclosing that they own precious metals. Accordingly, they often choose to purchase precious metals that do not require disclosure of personal information such as name, address and social security number when they sell such precious metals. Currently, certain bullion, semi-numismatic and numismatic coins do not require disclosure of such personal information when a customer sells them.”

10.6 Customer expressly authorizes Trident Precious Metals to contact Customer at the telephone numbers provided in this Agreement regardless of whether these numbers are listed on any state or federal Do Not Call list. If Customer requests that Trident Precious Metals no longer contact Customer, Trident Precious Metals, LLC will promptly place Customer on its’ Do Not Call list.

10.7 Customer may not assign, transfer, or delegate this Agreement or any of its rights or obligations under this Agreement without Trident’s written consent.

10.8 All communications shall be sent to Trident Precious Metals, LLC, 2317 Banyan Dr, Los Angeles, California 90049 and to Customer at the address set forth above.

10.9 This Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings, and agreements between the parties.

CUSTOMER SERVICE AGREEMENT

BY SIGNING BELOW, CUSTOMER ACKNOWLEDGES AND AGREES THAT CUSTOMER HAS READ AND UNDERSTANDS ALL OF THE TERMS AND CONDITIONS ON

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