Precious Metals Storage Agreement
Last updated: March 25, 2026
This Precious Metals Storage Agreement (this "Agreement") is by and between PM Technologies Corporation, a Delaware corporation having its principal place of business at 13336 Beach Ave, Marina Del Rey, CA 90292 ("Company") and Customer.
Company is in the business of warehousing precious metals in its storage facility located in Marina Del Rey, California (the "Facility") for third-party customers.
1. Accounts
Company will establish in Customer's name in the Facility an allocated account for the purpose of maintaining physical custody of gold ("Gold"), and/or an allocated account for maintaining custody of silver ("Silver"), and/or an allocated account for maintaining custody of platinum and/or palladium ("PGM").
Each such allocated account is individually an "Account" and collectively, the "Accounts"; and Gold, Silver and PGM collectively and individually, "Metal".
Company does not store any other type of metal or material except for Gold, Silver, and PGM.
Each Account will denominate the amount of Metal held in the Account in ounces or metric weight. Each Account of Customer shall be held only in Customer's name.
2. Consignments
2.1 Consignment Notices
Customer may give written notice to Company of its intention to transfer Metal into an Account (a "Consignment Notice"). The Consignment Notice shall:
(i) specify the amount of Metal to be transferred;
(ii) specify the Business Day of delivery (the "Delivery Date");
(iii) be accompanied by a manifest specifying identifying information for the Metal — bar number, brand, ounce weight, and fineness for bars; type and number for coins; seal number, brand, fineness, and gross weight for other forms; and
(iv) confirm that the shipment identifies Customer as the named consignee.
Each Consignment Notice must be received at least two (2) Business Days prior to the Delivery Date.
2.2 Delivery and Acceptance
On the Delivery Date, the Facility shall take possession of the Metal, deliver to Customer a written receipt ("Receipt"), and credit the applicable Account.
The Metal will be deemed received on the date Company accepts care, custody, and control by issuing a Receipt.
2.3 Refusal and Non-Conforming Shipments
Company may refuse any shipment that does not conform to the Consignment Notice, is not Gold, Silver, or PGM, or requires specialized handling.
2.4 Customer as Consignee
For all Metal shipped to the Facility, Customer shall ensure that the bill of lading or other contract of carriage identifies Customer as the named consignee, in care of Company, and does not identify Company as the consignee.
Company may refuse Metal tendered in violation of this provision and shall not be liable for loss or damage to such Metal.
3. Company Liability
Company agrees to assume, effective upon Acceptance of any shipment, liability for loss, damage, or destruction of the Metal stored in the Facility, up to the maximum liability amount set forth in the applicable exhibit.
Company's liability shall commence when possession of the Metal is taken at the Facility, upon a Company employee or agent signing a Receipt, and following a physical count (collectively, "Acceptance").
Company's liability shall terminate immediately upon delivery of the Metal from the Facility to a carrier designated by Customer, for which Company receives an itemized receipt.
Company will not be liable for third-party claims relating to untimely delivery, and no third party may rely on Company's handling of Metals as a guarantee of authenticity or suitability.
The Parties expressly understand and agree that Company does not assume any liability as to the authenticity or assay characteristics of any Metal. Company's count of the Metal transferred in the Accounts shall be binding and conclusive.
4. Withdrawals
Customer may give written notice to Company of its intention to withdraw Metal from an Account (a "Withdrawal Notice"). The Withdrawal Notice shall specify:
(i) the amount of Metal to be withdrawn;
(ii) the Business Day of withdrawal;
(iii) a manifest specifying identifying information for all Metal to be withdrawn; and
(iv) the name and details of Customer's carrier or representative authorized to take delivery.
Each Withdrawal Notice must be received at least two (2) Business Days prior to the Withdrawal Date.
Upon receipt of a Withdrawal Notice, Company shall confirm withdrawal instructions by contacting an authorized person on Customer's Authorized Persons list.
On the Withdrawal Date, the Facility will release the Metal and receive a written receipt of release.
5. Ownership and Segregation
Customer retains full title and ownership of all Metal stored in the Accounts at all times.
All Metal shall be physically segregated at all times.
Customer is deemed to be the legal owner or authorized agent of the legal owner (including beneficial owners under trust arrangements) of all Metal held in Customer's Accounts.
Company shall have no right, title, or interest in the Metal except as set forth in this Agreement.
6. Not an Insurer
Company is not an insurer.
Company has obtained insurance policies for the protection of Metal while it is stored in the Facility. However, such insurance policies may provide coverage at amounts that are less than the market value of the Metal stored in the Facility.
Customer is solely responsible for obtaining and maintaining insurance coverage on Customer's Metal to the extent Customer deems necessary, including without limitation during transport to and from the Facility.
7. Loss Reimbursement
In the event of loss, damage, or destruction of Metal while in the care, custody, and control of Company, Customer's sole and exclusive remedy shall be reimbursement by Company of the Market Value of the Metal lost, damaged, or destroyed, up to the applicable maximum liability amount.
"Market Value" for gold and silver shall be the applicable LBMA benchmark price, and for PGM shall be the applicable LPPM benchmark price, in each case on the date the loss is discovered, multiplied by the declared ounces or weight of the affected Metal.
8. Notice of Claims
Customer must give Company written notice of any loss, damage, or discrepancy:
(a) within one (1) Business Day after discovery; and
(b) in no event later than thirty (30) days after the date of the statement or report in which the discrepancy first appears.
Any suit or action must be commenced within twelve (12) months after the date the claim accrues.
Failure to provide timely notice or commence a timely action shall constitute a waiver of such claim.
9. Fees
Customer shall pay Company fees for storage, handling, and related services as set forth in the applicable fee schedule.
Storage fees are calculated as a valuation charge per annum of all Metal stored at the Facility, invoiced monthly.
Additional fees may apply for handling, picking and packing, fulfillment, purchase order processing, and accessorial services as set forth in the applicable schedule.
Company may amend the fee schedule upon written notice.
10. Warehouse Lien
Company shall have a lien on all Metal and goods in its possession belonging to Customer for all charges, including storage, transportation, insurance, labor, handling, and other charges and expenses in relation to such Metal and goods.
Company may enforce the lien by sale of the Metal in accordance with applicable California law.
11. Term and Termination
11.1 Term
This Agreement shall commence on the Effective Date and continue for an initial term of one (1) year (the "Initial Term"). Thereafter, the Agreement shall automatically renew for successive one-year periods unless either Party provides written notice of termination at least ninety (90) days prior to the end of the then-current term.
11.2 Termination for Material Breach
Either Party may terminate for material breach upon written notice if the breach is not cured within thirty (30) days. Failure to pay fees when due constitutes an incurable material breach.
11.3 Removal of Metal
Upon termination, Customer shall promptly arrange the removal of all Metal, subject to payment of all outstanding fees and charges.
If Customer does not remove Metal within the specified period, Company may continue storage at prevailing rates or sell the Metal at public or private sale as permitted by law.
12. Force Majeure
Neither Party will be responsible for any failure or delay in performance due to causes beyond its reasonable control, including labor disputes, strikes, lockouts, pandemics, shortages of materials, communications failure, changes in law, government action, war, terrorism, riot, or acts of God.
Payment obligations are excluded from force majeure relief.
13. Governing Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law rules.
The Parties irrevocably consent to the exclusive jurisdiction of federal and state courts located in Los Angeles, California with respect to any dispute arising under or in connection with this Agreement.
14. Contact
For questions about this Storage Agreement, please contact us at legal@beachdepository.com.