C. CANCELLATIONS OF SALES ORDERS WITH APMEX
Once we have issued a Sales Order confirmation, (a) all prices are locked-in, and (b) there is a binding contract between us for your transaction and, as a result, any market risk for breach is transferred to you at the time the Sales Order is confirmed. This is a benefit to you because you know your price at your Sales Order confirmation time and we believe this is one of the key benefits of transacting with APMEX. You have no right to cancel your Sales Order(s). However, if you default in your performance of payment, shipment or any other act required, we may cancel your Sales Order(s). We reserve the right to cancel any Sales Order at any time and for any reason.
Any Sales Order cancellations are subject to our Market Loss Policy plus a thirty-five dollar ($35.00 USD) cancellation fee. Sales Order cancellations will be confirmed, and you will be given a cancellation number. At that time, if any Market Loss to APMEX has occurred, it will be calculated and added to the $35.00 cancellation fee. If applicable, you agree you have full responsibility and liability to APMEX for any cancellation fee and/or Market Loss and you agree to remit immediately (upon notice) to APMEX good funds for any cancellation fee and/or Market Loss. No future Orders by you may be permitted unless and until any Market Loss is paid in full. Any Market Gain on Sales Order cancellations vests in and shall remain the property of APMEX. Upon written confirmation by APMEX of your payment of the $35.00 cancellation fee plus the Market Loss, we will forgive further action against and your responsibility for any breach by you and all resulting damages owed to APMEX.