Refining Services & Customer Acceptance Terms

1. Scope and order of documents

1.1 RefineX receives enquiries about materials that may contain gold, silver, platinum-group metals or copper and about services that may be relevant to those materials. A website enquiry or preliminary discussion is not acceptance of goods, a purchase agreement or authority to begin processing.

1.2 A transaction is accepted only when the customer and the authorised RefineX contracting entity agree a written Transaction Agreement. This may take the form of a signed quotation, work order, purchase agreement or other legally effective written acceptance. It must identify the parties, material, service or purchase model, important charges and the procedures that govern the transaction.

1.3 These general terms apply to a transaction only where they are expressly incorporated into that accepted agreement. If the documents differ, mandatory law prevails, followed by the specific transaction terms, any approved service schedule and then these general terms. Website Terms of Use govern browsing and preliminary contact.

2. Contracting parties and authority

2.1 RefineX operates as a trading name of The Gold and Diamond Dealer (Pty) Ltd (registration number 2026/263142/07). Each Transaction Agreement must identify the contracting legal entity and the customer, including the parties’ business details and representatives authorised to commit them. The trading name “RefineX” does not replace the legal identity of the contracting party.

2.2 RefineX may decline a proposed activity if it is outside its actual technical scope, authorisations, safe handling capacity or lawful business operations. Regulatory permissions are specific to the entity, premises and activity concerned; no website statement should imply an unrestricted refining, buying, dealing or recycling licence.

2.3 Each party warrants that the person signing or accepting the Transaction Agreement is authorised to do so. RefineX will identify the appropriate contact for instructions and transaction changes in the agreement.

3. Materials, restrictions and suitability

3.1 The customer must identify the material honestly and provide information reasonably requested about its physical form, origin, approximate quantity, known composition, potential hazards and relevant documentation. A material category displayed on the website does not create automatic eligibility.

3.2 Before acceptance, RefineX will consider whether the proposed material fits its confirmed service, regulatory and safety requirements. Material that is dangerous, contaminated, unlawfully sourced, prohibited, improperly described or otherwise unsuitable may be declined subject to applicable law and any obligations already agreed.

3.3 Special material, including mixtures, electronic or industrial components, residues or other controlled goods, may require a separate written handling and compliance review. Customers must not assume that a related service description permits delivery of such material.

4. Enquiry, quotation and acceptance process

4.1 The customer begins by providing the type and approximate quantity of material, relevant records or prior test results and the outcome sought. RefineX may request additional information or inspection before providing an estimate or proposing a service.

4.2 A preliminary price discussion, indicative result or suggested processing route remains subject to the stated assumptions and verification method. The quote must identify its validity period, covered services, conditions and exclusions, if any.

4.3 RefineX must confirm acceptance in the manner specified in the Transaction Agreement. Unless expressly agreed, simply sending a sample, delivering goods, making a website enquiry or receiving a collection reference does not create an obligation to process or buy the goods.

5. Customer verification, ownership and lawful provenance

5.1 The customer must have lawful title to, or sufficient authority to deal with, the material. The customer must not knowingly supply stolen, unlawfully acquired, misdeclared or prohibited goods and must provide material-provenance and ownership information reasonably required by law or the proposed transaction.

5.2 The actual verification process will depend on the customer type, activity, laws and risks involved. The agreement may require business registration, representative identity and authority, material origin, supplier details, supporting transaction records or other lawful documents. No particular regulatory status is presumed merely from using the website.

5.3 If verification is not satisfactory, RefineX may postpone acceptance, seek clarification or decline the transaction, subject to legal requirements governing any goods already in its possession. Requests for personal information are subject to the Privacy Policy and applicable law.

6. Collection, packaging, delivery and chain of custody

6.1 The parties must agree before movement whether the customer, RefineX or an approved third party arranges collection or delivery. The agreed instructions must state the collection location, receiving location, authorised agent, packaging standards, transport documentation, material identification and expected handover evidence.

6.2 The material should be appropriately packaged, labelled and accompanied by the agreed lot and ownership records. Any relevant restrictions for hazardous goods, secure transport or cross-border movement must be met before dispatch.

6.3 The parties must state when custody passes for practical handling purposes and when legal risk of loss or damage passes. Custody, risk and ownership are separate concepts and should not be assumed to transfer at the same moment.

6.4 Insurance, if selected, must be specified by provider or coverage arrangements, insured value, exclusions, claims procedure and party responsible for cost. No insurance protection is implied solely because a carrier or agent has collected the material.

7. Receipt, identification, weighing and records

7.1 Upon receiving material under an approved arrangement, the receiving party should record the date, deliverer or carrier, lot reference, packaging condition and apparent weight or quantity using the agreed method. Receipt and identification records should be available for reconciliation.

7.2 A receipt confirms the material physically received or recorded; it does not automatically certify lawful provenance, precious-metal content, assay result or commercial acceptance.

7.3 The Transaction Agreement must specify whether weights refer to gross package weight, net material weight, dry weight or another measure, including the role of containers, moisture or impurities. If the parties use seals, photographs or witness records, the method should be stated.

8. Sampling, assay and verification of results

8.1 Before a quoted value or processing settlement relies on an assay, the parties must agree the relevant measurement and sampling approach. This includes who samples, whether the material is homogenised or divided, which sample is tested, the recognised testing method and any applicable tolerances.

8.2 The agreement should state how retained or referee samples are handled, who may request independent verification, who pays for a retest and which result will prevail if the original and referee results differ within or outside the agreed tolerance.

8.3 Preliminary assessments, customer-supplied figures and general website information are not final verified assay results. Final recorded results will be communicated through the agreed transaction process.

9. Processing, recovery and treatment decisions

9.1 Where the transaction is a refining or recovery service, the agreement must identify the authorised treatment scope and any material prerequisites. Methods are determined by the actual material and safe, permitted capability—not by an illustration on the website.

9.2 The agreement must define how losses, sampling deductions, impurities, residues, treatment by-products and reusable or recoverable balances are measured and allocated. No general website recovery percentage or standard yield is promised.

9.3 Additional treatment, an alternative method, disposal of relevant residues or material changes in cost or scope must follow the instruction and approval procedure agreed for that transaction, except where immediate lawful action is required to address a safety risk.

10. Transaction type and ownership

10.1 The Transaction Agreement must identify the transaction model. Possibilities may include: assay only, toll/contract refining, outright purchase of material, or another individually described service or exchange.

10.2 Each model must state whether RefineX is providing a service for a fee, acquiring legal ownership of the material, returning processed metals, or settling a monetary amount. In a purchase, title and price provisions must be explicit; in toll refining, ownership and the treatment of recovered metal and residue must be explicit.

10.3 No transfer of title may be assumed merely because material is weighed, tested, delivered or physically held. Ownership and risk transfer must be identified separately in writing and comply with law.

11. Fees, deductions, taxes and price references

11.1 All relevant charges must be stated or determinable from the written quotation or agreed schedule. Depending on the chosen service, they may include collection, sampling, assay, treatment, refining, storage, return transport, independent testing, handling or administrative costs.

11.2 Where metal prices or exchange rates affect settlement, the source, observation time, currency, quotation validity, calculation method and applicable adjustments must be agreed. No live spot price, fixed margin or payout rate is promised by this website.

11.3 VAT and other tax treatment must be determined from the actual legal parties, status and transaction. The parties should identify whether stated amounts include or exclude VAT, and issue lawful tax documents where required. No VAT status is presumed from this page.

12. Settlement and payment safeguards

12.1 The accepted agreement must state what triggers settlement, when payment or delivery is due, the method of settlement, the beneficiary, bank-account verification arrangements and the documents that support reconciliation.

12.2 The customer should independently verify any request to change bank details using a known approved channel. RefineX should not accept unauthorised instructions to redirect a settlement to an unrelated third party.

12.3 Any lawful deduction or set-off must be supported by the transaction record. Delays, disputed assay results and settlement disagreements will be handled under the agreed procedure and applicable law. The site does not promise immediate settlement or cash payments.

13. Reporting and transaction records

13.1 The agreed process should provide a clear audit trail of customer approval, lot identity, receipt, weights, samples, processing or purchase decision, material movement, charges, assay or reconciliation results and settlement.

13.2 The parties will identify which records or reports are provided to the customer and at what stage. Where a formal certificate or third-party test report is promised, the issuing party and scope of certification must be stated. A generic website summary is not a laboratory report.

13.3 Records will be retained and disclosed in accordance with applicable law, the accepted agreement and relevant privacy obligations.

14. Customer instructions, changes and cancellation

14.1 The agreement should designate who may give operational instructions. Changes to scope, additional tests, alternative treatment, return arrangements or destination details require the agreed form of authorisation.

14.2 Cancellation rights and charges depend on whether material has been collected, received, sampled, treated, purchased or otherwise committed. The contract must distinguish reversible work from work that cannot practically or safely be undone.

14.3 Any cancellation or refund arrangement remains subject to mandatory South African statutory rights. A term will not exclude a right that the law does not permit the parties to waive.

15. Rejected, disputed and unclaimed material

15.1 If material cannot be accepted, the parties must establish lawful return or alternative handling arrangements, including safe packaging, carrier instructions, costs and deadlines, taking account of material condition and legal restrictions.

15.2 Material subject to a dispute, lawful hold, safety concern or regulatory restriction may require controlled storage or additional documentation. The agreement should specify how customers receive notice and what happens if no suitable instruction is received.

15.3 No material will be sold, disposed of or treated as abandoned solely on the basis of an unsupported website statement. Any such action must comply with the actual agreement and applicable law.

16. Delivery, handover and timeframes

16.1 The parties will record expected milestones for collection, receipt, initial assessment, sampling, treatment, reports, returned material and settlement, as appropriate to the transaction.

16.2 If timing depends on third-party testing, carrier availability, legal approvals, payment clearance or the nature of the material, those dependencies should be clearly identified in the quotation. Changes must be communicated using the agreed contact route.

16.3 A general estimate is not an unconditional turnaround guarantee. Any guaranteed service period and remedy for failure must be expressly agreed and lawful.

17. Safety, licensing and compliance

17.1 Each party is responsible for the laws, regulations and safety requirements applicable to its own activities. Customers must provide accurate safety and material information and must not conceal hazards or restrictions.

17.2 RefineX will only undertake work within its verified authority, technical capability and lawful operating arrangements. The relevant precious-metal, second-hand-goods, transport, customs, environmental or other obligations must be identified for the particular activity rather than applied indiscriminately to every enquiry.

17.3 RefineX may make a report or disclosure where lawfully required by an authority. Confidentiality cannot be used to prevent compliance with a legal duty.

18. Privacy, confidentiality and permitted records use

18.1 RefineX and the customer should treat sensitive technical, price, supplier and transaction details with due confidentiality subject to the accepted agreement and applicable law.

18.2 Personal information required for an enquiry or transaction must be processed for lawful purposes and protected under applicable privacy requirements. The website Privacy Policy covers general enquiries; additional notices or agreements may be appropriate where a transaction requires more extensive verification or third-party processing.

18.3 Information may be disclosed to approved operational providers, professional advisers or competent authorities where necessary and lawful. Any specific confidentiality or non-disclosure obligations should be included in the Transaction Agreement.

19. Service concerns, assay disputes and remedies

19.1 A customer should raise concerns through the contact named in the Transaction Agreement, identifying the lot or work order and the part of the service in dispute. RefineX should acknowledge the issue and provide a documented route for assessment.

19.2 For disputes about weighing, sampling or assay, the parties will follow the agreed evidence, sample retention, tolerance and independent review process. If no such process was agreed, neither party should claim a unilateral testing result is automatically final without considering applicable law and available evidence.

19.3 Commercial disputes may be addressed by negotiation, mediation, arbitration or competent courts where lawfully agreed. The agreement must identify any binding procedure and preserve rights that cannot be excluded by contract.

20. Responsibility, unforeseen events and general conditions

20.1 The Transaction Agreement must state how responsibility is allocated for loss, damage, delay, misdescription, rejected material, property in custody, unavailable service or failure to perform. Any limitation of liability must be reasonable, clearly presented and legally enforceable; these general terms do not themselves establish a monetary liability cap.

20.2 Events beyond reasonable control, such as major transport disruption, facility failure or new legal restrictions, may affect performance. The parties must communicate promptly and follow the agreed procedure for mitigation, revised timing or termination, subject to law.

20.3 Any agreed notices, amendments, jurisdiction, dispute-resolution mechanisms or document priority must be recorded in the signed or otherwise validly accepted Transaction Agreement. Updates to the website do not retrospectively vary an existing agreement.

21. Required contents of every accepted Transaction Agreement

Before goods are handed over or funds committed, the parties should have an agreement or supporting work order that records:

1. legal names of the parties and the authority of their representatives;
2. the precise service or purchase model and the material or lot identification;
3. required ownership, provenance, verification and safety documents;
4. collection, receiving, packaging and chain-of-custody instructions;
5. weighing basis, sampling and assay procedure, retests and tolerances;
6. treatment, recovered metals, residues, return and disposal responsibilities;
7. custody, risk of loss, title transfer and any insurance arrangements;
8. every fee, deduction, price reference, currency and tax treatment;
9. payment or settlement trigger, deadlines, beneficiary and verification controls;
10. reports, certificates, data handling and records to be delivered;
11. timing, cancellations, rejected material, complaints and dispute handling; and
12. the agreement’s date, acceptance evidence and authorised parties.

The parties should retain a copy of the accepted agreement. RefineX should not rely on a generic website acknowledgement as a substitute for a genuine acceptance of transaction terms.