<\/p>\n
The present general terms exclusively govern the relationship between Ariyor and the client (the
\n\u201cSupplier\u201d), unless otherwise expressly agreed in writing. Any matter not covered by these general
\nconditions shall be settled in accordance with the provisions of the applicable law. Supplier agrees to
\naccept and be bound by the terms and conditions set forth herein. Suppliers\u2019 general terms and
\nconditions of business will not be accepted, nor will they be implicitly accepted by the unconditional
\nacceptance of goods, the provision of services or receipt of payment.<\/p>\n
\u201cBusiness Days\u201d shall mean any day that is not a Saturday or a Sunday and on which banks are open
\nfor corporate business in Luxembourg, Grand-Duchy of Luxembourg
\n\u201cDelivered Material\u201d shall mean the returnable metals delivered by the Supplier to Ariyor.
\n\u201cProduct Form\u201d shall mean the form made up in three original copies at the time of delivery of the
\nreturnable metals.<\/p>\n
The Delivered Material shall form a complete and separate lot and will be numbered to allow subsequent
\nidentification prior to the start of the weighing, sampling and assaying operations.<\/p>\n
The Delivered Material is weighed at Ariyor using calibrated scales. The weighing results are
\nunconditionally accepted by the Supplier, save for proof of the contrary provided by the Supplier.<\/p>\n
By signing the Product Form, the Supplier requests and authorizes Ariyor to perform an assay on a
\nsample of the Delivered Material and to refine the Delivered Material, unless the Supplier explicitly
\nindicates on the Product Form that only an assay on a sample of the Delivered Material is to be
\nperformed. A sample of Delivered material is obtained through a sampling process at Ariyor, which
\nincludes the melting of the Delivered Material in its original shape or form. The Supplier consents to this
\nprocess.<\/p>\n
The Supplier unconditionally accepts the results of the assay performed by Ariyor. The Supplier is
\nentitled to have an independent counter-assay carried out, which must be requested prior to delivery of
\nthe returnable metals by the Supplier, by indicating \u201ccounter-assay\u201d on the Product Form or by sending
\na registered letter to Ariyor prior to delivery. The third party performing the counter-assay will be the
\nXXXXXXXX. If the Supplier has not requested for a counter-assay as set out above, it shall be
\nconclusively presumed that the Supplier has waived its right to a counter-analysis.<\/p>\n
If the difference between the results of the assay carried out by the laboratory of Ariyor and those of the
\nassay carried out by the XXXXXXX is not more than 3% the Supplier will unconditionally accept the
\nresults of the assay performed by the laboratory of Ariyor and will bear all costs related to the counterassay. In the event of a greater difference, Ariyor will bear the cost of the counter-assay.<\/p>\n
Save for the above, all costs related to weighing, sampling and assaying will be borne by the Supplier.
\nThese charges shall be paid by Supplier upon delivery of the returnable metals.
\nArticle 4: Restitution – Sale of Delivered Material to Ariyor<\/p>\n
After completion of the weighing, sampling and assaying operations and exchange of the assay results,
\nAriyor may submit an offer to the Supplier to purchase the Delivered Material, depending on the results
\nof the assay. Assays of gold will be performed within three (3) Business Day following the day of delivery
\nof the returnable metals. Assays of all other precious metals will be performed at the latest twenty-one
\n(21) Business Days following the date of delivery of the returnable metals. In case the Delivered Material
\ncontains gold, Supplier must indicate by telephone, fax, mail, or email within the same Business Day,
\nwhether he wishes to accept the Ariyor\u2019s offer to buy the Delivered Material or whether he wishes Ariyor
\nto return the refined Delivered Material. In case the Delivered Material contains other precious metals,
\nSupplier must indicate by telephone, fax, mail or email within the same Business Day from the moment
\nof the offer whether he wishes to accept Ariyor\u2019s offer to buy the Delivered Material or whether he wishes
\nAriyor to return the refined Delivered Material. If the Supplier has not indicated as set out above within
\nthe same Business Day, whether he wishes to accept Ariyor\u2019s offer to buy the Delivered Material it shall
\nbe conclusively presumed that the Supplier has refused Ariyor\u2019s offer. As a principal, all offer made by
\nfax, mail or email are indicative only, not binding and shall always be followed by a formal offer duly
\nagreed between Ariyor and the Supplier. Any communication errors, misunderstanding or mistakes in
\ntelephone communications with the Supplier or third parties shall be borne by the Supplier. By accepting
\nan advance at the date of delivery of the metals, the Supplier accepts the sale of the Delivered Material
\nto Ariyor.<\/p>\n
Restitution of the (refined) Delivered Material is only possible upon submission of the original Product
\nForm. The Supplier is entitled to give instructions (country of destination, forwarding agent, means of
\ntransportation etc.) regarding the physical delivery of the (refined) Delivered Material. Supplier shall bear
\nthe costs and risk of the return delivery.<\/p>\n
The value of the Delivered Material is calculated based on recovered net metal content and based on
\nthe price agreed between Ariyor and the Supplier on the date of delivery of the returnable metals, unless
\notherwise indicated on the Product Form, in which case the value will be based on the price agreed
\nbetween Ariyor and the Supplier on the date of sale. The value of the Delivered Material will be paid
\nwithin three (3) Business Days following receipt of Supplier\u2019s invoice or cash upon presentation of a
\nstatement of purchase by Ariyor to the Supplier; under deduction of all pending charges due and of a
\npossible advance as indicated on the Product Form.<\/p>\n
The Supplier consent to Ariyor\u2019 practice to record all telephone conversations with Ariyor\u2019 with regard to
\npurchase orders. The recordings of and\/or transcript of the telephone conversations will constitute prima
\nfacie proof of the subject matter of the purchase order concerned. In the event of a dispute, they may
\nbe used as evidence before the body appointed to resolve the dispute. Ariyor reserves the right, when
\nit deems useful or necessary, to ask the holder to confirm telephone orders and\/or requests by means
\nof letter, fax, email or any other electronic message system. Ariyor may postpone the execution of orders
\npending receipt of such confirmation.<\/p>\n
Emails sent between Ariyor and the Supplier, as identified by the email address stated on the
\nidentification form, serve as prima facie proof of the subject matter of the transaction concerned.<\/p>\n
The Supplier is entitled to appoint third parties who are mandated to receive disbursements or
\nrestitutions of precious metals by Ariyor. The identity of these third parties must be indicated on the
\nProduct Form. Any disbursement or restitution to such third parties discharges Ariyor from any liability
\ntowards the Supplier.<\/p>\n
Title to and risk of loss the Delivered Material shall remain with the Supplier throughout the entire
\nprocess of weighing, sampling and assaying. Title to and risk of loss the Delivered Material will only
\npass to Ariyor upon the date the Supplier accepts Ariyor\u2019s offer to buy the Delivered Material,
\nnotwithstanding Ariyor to retain or sell returnable metals for an amount equivalent to the total amount
\ndue by the Supplier. The Supplier declares that the Delivered Material is the property of the Supplier
\nwho has good and valid title thereto and that the Delivered Material is free of any mortgage, pledge,
\nsecurity interests, options, liens, claims, charges, contractual commitments or other encumbrances,
\nwhether existing or potential. The Supplier will provide Ariyor with any proof thereof if asked to do so by
\nAriyor.<\/p>\n
The Supplier acknowledges that the Supplier\u2019s Delivered Material will be held in storage facilities
\nselected by Ariyor. The Delivered Material will remain titled and be held in the name of at such storage
\nfacility subject to Ariyor\u2019s storage arrangements. The Supplier acknowledges that Supplier\u2019s ownership
\nof the Delivered Material does not necessarily relate to a specific bar, but rather, relates to a specific
\nquantity of Delivered Material.<\/p>\n
Ariyor will assess the value of the Delivered Material using a calculation based on the price of the
\napplicable precious metal (gold, silver, platinum, etc.) on the same day and process the Delivered
\nMaterial on the grounds of a formula based on (i) the purity and weight of the Delivered Material, and
\n(ii) any other factor that we deem to be appropriate. When Ariyor receives a Delivered Material that is
\nbroken, knotted and\/or tangled and requires extraordinary effort to appraise, Ariyor reserves the right to
\nuse an estimate to calculate the purity and weight of the Delivered Material.
\nOnce the Delivered Material have been received, Ariyor will test them to determine their value. By
\nsending the Delivered Material (s) to Ariyor, the Supplier agrees and accepts that this process of
\ndetermining a value involves placing certain acids on the gold, silver, platinum, palladium or any other
\nprecious items, which may leave permanent staining and\/or deep scratches. During testing, Aryior may
\nfile the surface, cut and separate non-gold parts such as brooch pins, and remove stones from their
\nsettings. Ariyor reserves the right to estimate the weight or remove any non-precious metal material
\n(e.g. glass, stones, enamel, steel, precious stones or other metals). Delivered Material(s) may be
\ndamaged in this process and Ariyor shall not liable for any damage caused in this way or any resulting
\ndecrease in the value of the Delivered Material(s).
\nFollowing the evaluation process, a fully detailed and itemised report will be produced and emailed to
\nthe email address you provided. This report contains the estimated for the precious metals (the \u201cOffer\u201d).
\nIn cases where Ariyor is unable to verify the Delivered Material (s) as gold or any other precious metals,
\nthe Supplier will be informed accordingly. Aryior will endeavour to do this within 24 hours of evaluating
\nthe item(s). Ariyor will call the Supplier on the contact number provided to discuss the Offer. The Supplier
\nmay also accept our offer via email or in written correspondence. If the Supplier do not accept the Offer,
\nthe Delivered Material (s) will be re-valued the next day with a new offer based on that days live precious
\nmetals spot prices.<\/p>\n
The Supplier shall, at his own expense, obtain and pay for any insurance with a first class underwriter
\nof good reputation to cover the value of the Delivered Material. The insurance shall be taken against all
\nrisks including strike, riot and war risks and be in effect from warehouse to warehouse.<\/p>\n
The Supplier warrants and represents that the funds used and the Delivered Material do not serve any
\nillegal purpose such as money laundering or the financing of any criminal or terrorist activities. The
\nSupplier undertakes to verify by all means at his disposal the origin of the Delivered Material and the
\nfunds at his disposal. Any irregularity shall be reported immediately to Ariyor. The Supplier declares that
\nall Delivered Material, especially jewelry, is registered in their books, which can be consulted on first
\ndemand by official and competent services. The Supplier will further warrant and represent that he has
\na high level of integrity and does not be in breach of any local laws. Any violation may lead to the
\nimmediate termination of the cooperation.<\/p>\n
Should the assay reveal that the Delivered Material do not contain any or very few precious metals, the
\nSupplier will bear all costs for any customs formalities, as well as the costs for destruction or return of
\nthe Delivered Material. Ariyor is entitled to require a security as it sees fit from the Supplier to cover the
\nexpenses mentioned above.<\/p>\n
The Supplier commits to strongly confirm that the Delivered Material does not contain toxic substances
\nsuch as but not limited to mercury. If the Supplier disregard to disclose the existence of toxic substances
\nin the Delivered Material, he will be held liable for all caused adverse effects and he will<\/p>\n
The Supplier agrees that Ariyor may collect, store, process personal information insofar as necessary
\nto perform its duties and obligations with respect to the transaction or its obligations.
\nAriyor undertakes not to transfer the data to any third party, without the prior consent pf the Supplier.
\nThe Supplier have a right to access to his personal data any may ask for rectification where such data
\nis inaccurate or incomplete.
\nAriyor will keep the data for so long as required for the provision of the rendering of its services.<\/p>\n
In the event that any one or more provisions contained herein shall be held by a court of competent
\njurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability
\nof the remaining provisions contained herein shall remain in full force and effect. Ariyor\u2019s failure to
\nenforce, or Ariyor\u2019s waiver of a breach of, any provision contained herein shall not constitute a waiver of
\nany other breach or of such provision.<\/p>\n
These general terms as well as any relationship or agreement between parties shall be governed by
\nand construed in accordance with Belgian law, excluding the Luxembourg law of conflict of laws. All
\ndisputes which may arise between parties belong to the exclusive jurisdiction of the courts in
\nLuxembourg City.<\/p>","protected":false},"excerpt":{"rendered":"
Article 1: Preliminary The present general terms exclusively govern the relationship between Ariyor and the client (the \u201cSupplier\u201d), unless otherwise expressly agreed in writing. Any matter not covered by these general conditions shall be settled in accordance with the provisions of the applicable law. Supplier agrees to accept and be bound by the terms and […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":13,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-1009","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/ariyor.lu\/fr\/wp-json\/wp\/v2\/pages\/1009","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ariyor.lu\/fr\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/ariyor.lu\/fr\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/ariyor.lu\/fr\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/ariyor.lu\/fr\/wp-json\/wp\/v2\/comments?post=1009"}],"version-history":[{"count":5,"href":"https:\/\/ariyor.lu\/fr\/wp-json\/wp\/v2\/pages\/1009\/revisions"}],"predecessor-version":[{"id":5994,"href":"https:\/\/ariyor.lu\/fr\/wp-json\/wp\/v2\/pages\/1009\/revisions\/5994"}],"wp:attachment":[{"href":"https:\/\/ariyor.lu\/fr\/wp-json\/wp\/v2\/media?parent=1009"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}