Buying Bullion from Us
Part I
General Information About Buying Bullion from Us
The Northwest Territorial Mint is a major bullion dealer in gold, silver, platinum and palladium throughout the U.S. and Canada. As one of the largest private mints, we routinely buy and sell these precious metals for both industry and personal investing. We offer a wide variety of bullion products, and we are a trusted retailer of U.S. Mint products, including the popular American gold eagle coins and various silver bullion coins.
We want to be your bullion dealer of choice both today and in the future, and we work hard to make this happen. We strive daily to bring you the highest quality bullion at the most reasonable prices, and we’re proud of our loyal clientele, many of whom have been with us for years. If you’re new to bullion investing, please give us a try…we think you’ll like what you see. Consider these features we offer our bullion customers:
- Lowest premiums charged by anyone we know in the industry
- No hidden charges
- Free shipping within the contiguous U.S., and no handling or insurance charges for orders of at least the minimum order quantities
- No sales tax charged on your order
- No account setup – you can simply order over the telephone, or drop by in person at our office
- Simple payment by either personal check, cashier’s check or bank wire transfer (no credit cards)
- Credit card info taken only to secure payment, and charges are made to your card only if you fail to pay in full and on time
- Delivery is by local pick-up at our site or fully insured shipping
- Our Buy-Back policy (also called a voluntary liquidation), ensures you always have a market for your paid bullion orders. Our Buy-Back policy is simple - at any time after you’ve fully paid your order, even if it’s before you’ve received delivery of your bullion, you can sell your order back to us at the current market rate
- Orders of $250,000 or more must be approved by our bullion manager before completed
Hours – Visit Us or Call 800-344-6468
You can either call us (800-344-6468) or visit us at our office to buy bullion.
Office hours (telephone orders):
Mon - Fri, 7:00 a.m. to 5:00 p.m.; Sat, 8:00 a.m. - 12:00 p.m., Pacific Time.
Office hours (in-person visits):
Mon - Fri, 8:30 a.m. to 5:00 p.m., Pacific Time. Map and directions.
Bullion Products
We are proud to be one of the largest private mints in the US and Canada. At our facilities in Auburn, WA, we produce not only our own private label silver bullion; but also the private label silver bullion for Pan American. Additionally, we retail bullion and currency from other governmental and private mints.
Research the Bullion Markets and Precious Metals Investing
Knowledge is Power! We want to be your bullion dealer of choice, and we want you to make wise investment decisions. Do your research of the various bullion markets and precious metals investing to educate yourself. If you’re a first-time investor, get our Free Investor Guide, review our Frequently Asked Questions, and pick-up more bullion investing information from our Recommended Reading and Recommended Bullion Links. Learn current bullion trends and prices from the London Bullion Report, the Gold Report, our Bullion Price Charts, and TheBullionDesk.com.
Once you’re ready to buy bullion, please give us a call (800-344-6468) to place your order. We want your business, and we try very hard to make your bullion purchase as simple as possible.
Precious Metals Markets Fluctuate, but Value Retained
People, businesses and governments buy and sell bullion daily throughout the world for a variety of investment and business purposes. Precious metals have been traded for literally thousands of years - ever since they were discovered. This constant and reliable market for precious metals means they have always retained their value. However, the price and availability of precious metals change constantly with supply and demand.
When investing in bullion you assume a certain degree of risk as to the market price and availability of your type of bullion. We know market price and availability are important to you in your investment decision. So, to attract your business, we strive to keep our premiums the lowest in the market, and we keep a significant amount of bullion on-hand to fill orders.
No State Sales Tax Collected on Bullion Purchases
Thankfully, we are not required to collect state sales tax on precious metal bullion sales. This saves you money.
Part II
12 Point Summary of Buying Bullion from Us:
Our Bullion Terms of Sale contains the full terms and conditions governing our bullion sales. However, here is a select summary of 12 of those terms highlighting how we sell bullion. If there is any difference between these summary items and the full Bullion Terms of Sale, the Bullion Terms of Sale shall control.
1. Placement of Bullion Order Creates Binding Legally Enforceable Agreement – NO CANCELLATIONS!
We are a leading bullion dealer in the bullion market with the substantial need to maintain our good name and competitive position. As such, we are entitled to rely on the verbal promise from you to pay for your bullion order. In furtherance of this, once you have placed a bullion order with us, either over the telephone or through our website, you create a binding legally enforceable agreement to pay for your bullion order. Once you’ve placed your order, we do NOT allow any cancellations by you before you have paid for your order. After you have paid your order in full, we will happily buy-back your order, even if you haven’t received delivery of your bullion yet (see our Buy-Back policy).
2. Minimum Order Quantities / Orders of $250,000 or More Must be Approved
The minimum orders for telephone customers vary with the product being purchased. Please consult the individual product page to determine its minimum order quantity. For walk-in customers, we have no minimum order quantity. All bullion orders $250,000 or more are subject to approval by our bullion manager before completion.
3. Payment / Holding Times
Payment shall be in U.S. Funds only. Once you have placed your order with us, you are obligated to pay us in full by any of the following three methods (credit cards are NOT accepted, except for small orders below our minimum order size placed through our website):
A. Personal Checks / 10 Day Hold – Any payment made by personal check must be postmarked within two (2) business days of placing your order, AND received by us within ten (10) business days of placing your order. Once received by us, there is a ten (10) business day hold on your order while your personal check clears the banking system.
B. Cashier’s Checks or Money Orders/ 5 Day Hold – Any payment made by cashier’s check or money order must be received by us within ten (10) business days of placing your order. Once received by us, there is a five (5) business day hold on your order while your cashier’s check or money order clears the banking system.
C. Bank Wire Transfer / 24 Hour Hold – Any payment made by bank wire transfer must be received within ten (10) business days of placing your order. Once received by us, there is a 24 hour (one business day) hold on your order while your bank wire transfer clears the banking system. See our Bank Wire Instructions to wire us your payment. NOTE: We reserve the right to require payment by bank wire transfer either for large orders; or during periods of heavy bullion trading.
4. Payment Addresses
Regular Mail Address:
Northwest Territorial Mint
P.O. Box 2148
Auburn, WA 98071-2148
Overnight Mail Address:
Northwest Territorial Mint
1307 West Valley Highway North, Suite 101
Auburn, WA 98001
C. Bank Wire Transfer Instructions:
Please see our bank wire instructions.
5. E-mail and Regular Mail Order Confirmation and Invoice / Buyer to Allow E-mails from Us
After you’ve placed your telephone order, we will send you a note confirming your order and an invoice via both e-mail and regular mail. Failure by you to receive any of these does NOT invalidate or otherwise cancel your order with us; you are still obligated to pay for your bullion order in full and on time.
You shall take all steps necessary, including updating address books and adjusting spam or junk-mail filters, to ensure that you can timely receive all e-mails from us, complete with any attachments, in furtherance of this Agreement.
6. Credit Card to Secure Payment / Charges for Unpaid Orders
We require your credit card information to secure payment on all first-time orders and for all orders $5,000 and greater. There is no charge to your credit card if you pay in full and on time. However, if you fail to pay us in full and on time, we will involuntarily liquidate your order and charge your credit card (see our Bullion Terms of Sale, paragraph 12(B)).
7. Recording of Order
You consent and agree that we may keep a recording of your order to verify the terms of your purchase, aid in training, auditing or quality control, comply with any laws as now exist or may hereafter exist, or for any other reason reasonably related to the business of dealing in bullion.
8. Buy-Back Policy
We are a licensed bullion dealer - we are always buying and selling bullion. Our Buy-Back policy (also called a voluntary liquidation), ensures you always have a market for your fully paid bullion order. Our Buy-Back policy is simple - At any time after you’ve fully paid your order, even if it’s before you’ve received delivery of your bullion, you can sell your order back to us at the current market rate. Just give us a call and we will happily buy-back your paid bullion order.
9. Order Liquidation Policy
When you place your telephone order, you enter into a binding contractual agreement with Northwest Territorial Mint to remit payment in full based on the prevailing market purchase price agreed upon at the time your order was placed. Should you choose to buy-back your order prior to the date of delivery, Northwest Territorial Mint will liquidate your position based on the prevailing market purchase price at the time of buy-back. You will be liable for any difference in the event of market loss. If the prevailing market price of the items has gone up since your order, Northwest Territorial Mint will pay you the higher prevailing market price for your items. However, in the event we are unable to ship your order by the date promised, we will contact you and give you the option of buying back your order based on the spot market price at that time or agreeing to wait an additional period of time for your order, which shall not be more than 30 days. If we are unable to deliver after the additional period of time has elapsed we will pay you the full purchase price or the prevailing spot market price, whichever is higher.
10. Shipping Time
Our policy is to ship orders promptly after you have properly paid us. However, reductions in inventory resulting from an increased demand for certain bullion products and other reasons may delay shipping. If we cannot ship your order within the delivery time represented to you at the time of purchase, we will inform you prior to the expiration of that period of time that we are unable to meet the delivery date, and you may buy-back your order and obtain a full payment of the prevailing market price at the time of liquidation.
11. Reservations of Right
In addition to the other rights in the Bullion Terms of Sale, we reserve the following rights unto ourselves:
A. Right to Refuse Service to Anyone. We reserve the right to refuse service to anyone.
B. Right to Correct Erroneous Orders. We reserve the right to correct any order for obvious errors or computer-related problems. We will make a good faith effort to notify you of any correction of your order.
C. Right to Cancel Any Pending Sales. We reserve the right to cancel any pending sale at any time for any reason. If we exercise this right, we shall cancel your order, including delivery of your bullion, and we shall notify you and refund you all monies you may have paid to us on your order, less any costs and fees associated with cancelling your order.
D. Right to Require Payment by Bank Wire for Large Orders or During Heavy Trading. We reserve the right to require payment by bank wire transfer for large orders; or during periods of heavy bullion trading.
E. Right to Change Bullion Terms of Sale. We reserve the right to change the Bullion Terms of Sale at any time without notice.
F. Right to Accept or Reject Any Late or Defective Payment After Market Comparison. We reserve the right to either, (1) accept any late or defective payment, including liquidation payments, after a market comparison to determine what is most advantageous for us, or (2) reject any such late or other defective payment, including liquidation payments, that doesn’t comply with the terms of this Agreement.
G. Right to Withhold Shipment for Unpaid Multiple Orders / Right of Offset. In the event you place multiple orders with us and pay for one or more orders, but fail to properly pay for other orders, we reserve the right to withhold shipment on any paid orders, until the unpaid orders have been resolved to our satisfaction, including the Right of Offset.
The “Right of Offset”, shall mean our right to apply any customer’s paid order’s proceeds and product against any of that customer’s other unpaid order’s proceeds and product. If the customer shall thereafter have a net balance owed to us, we may thereafter involuntarily liquidate the remaining net balance owed as provided herein. If the customer shall have a net balance remaining for shipment, then we shall ship the remaining portion of the order as provided herein.
H. Right to Hold Monies and Shipment to Comply with IRS Form 8300. If you actually are, or appear to us to be sending to us multiple payments that may in our sole discretion require us to report your payment on IRS Form 8300, we reserve the right to hold all such payments and withhold shipment of the related order until you provide us all necessary information that we determine we may need or desire to complete said IRS Form 8300. We hereby also reserve the right to liquidate, cancel or rescind any transaction in which we are unable to obtain or verify information needed to comply with said IRS Form 8300, or any other related statutes, rules, regulations, or any other law of every kind and nature.
12. Computation of Time. Unless some other time counting mechanism is expressly stated herein, the first day for computing the time period shall be the first business day after the respective transaction. If the last day shall fall on a weekend or federal holiday, or any day the London Metals Market Fixing is closed, then the last day shall be moved forward in time to the first day that is not a weekend, federal holiday or any day the London Metals Market Fixing is closed.
Part III
BULLION TERMS OF SALE:
Please Read Carefully – This Agreement controls the terms under which bullion is sold by the Northwest Territorial Mint, LLC
IN CONSIDERATION of the following terms and conditions, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Definitions. “Seller” shall be the Northwest Territorial Mint, LLC, it’s members, directors, officers, employees, agents, heirs or assigns (hereinafter “NWTM”, “We”, “Us” or “Our”) that are duly authorized to deal in bullion. “Buyer” shall be the individual, corporation, limited liability company, limited liability partnership, partnership, or other business or trust entity purchasing bullion from NWTM (hereinafter “Buyer”, “You” or “Your”). “Bullion” shall be the commodity of pure rare, precious or noble metal NWTM shall now or may hereafter offer for sale to buyers in its ordinary course of business. “Business Days” shall be the normal work days Monday through Friday inclusive, except weekends and federal holidays.
2. Bullion Market Price and Availability Change Constantly / NWTM Sets Bullion Sale Price. The parties agree that the bullion we offer for sale are commodities traded on various markets, and that the market price and availability of such types of bullion change constantly with supply and demand. We alone shall set the bullion sale price for all bullion that we offer for sale.
3. Bullion Trading by Telephone on In-Person Sales at NWTM’s Office Only. All bullion trading done by us shall be done only by telephone or in-person sales at NWTM’s office in Auburn, WA. From time to time, trading activity in the bullion market may be very high which may interfere with a Buyer’s ability to contact us by telephone to conduct bullion trading. Nonetheless, we shall continue to conduct bullion trading only by telephone, or through in-person sales at our office in Auburn, WA. We do not accept or conduct any bullion transactions through any other means other than by telephone, or in-person sales at our office in Auburn, WA.
4. Minimum Order Sizes / Orders of $250,000 or More. We may set various minimum telephonic order sizes for bullion products to achieve economies of scale, minimize shipping and handling charges, or for other business purposes. You shall only make telephonic orders consistent with the minimum order size. Any order you make that is less than the minimum order size shall be handled through our website, and subject to special shipping and handling or other charges and fees as we may determine. There is no minimum order size for walk-in Buyer’s at our place of business. All bullion orders of $250,000 or more are subject to approval by our bullion manager before completion.
5. Placement of Order Creates a Binding Agreement. The parties agree that we are a leading bullion dealer in the bullion market with the substantial need to maintain our good name and competitive position; and further that we are entitled to rely on the verbal promise from you to pay for and complete the purchase of your bullion order. In furtherance of this, the parties agree that your placement of a bullion order with us creates a binding legally enforceable agreement in which you agree to purchase your ordered bullion. You shall not cancel any order before making payment in full.
6. E-mail and Regular Mail Order Confirmation and Invoice / Buyer to Allow E-mails from NWTM. After you’ve placed your telephone order, we will send you a note confirming your order and an invoice via both e-mail and regular mail. Failure by you to receive any of these does NOT invalidate or otherwise cancel your order with us; you are still obligated to pay for your bullion order in full and on time.
You shall take all steps necessary, including updating address books and adjusting spam or junk-mail filters, to ensure that you can timely receive all e-mails from us, complete with any attachments, in furtherance of this Agreement.
7. Credit Card to Secure Payment / Charges for Unpaid Orders. We require your credit card information to secure payment on all first-time orders and for all orders $5,000 and greater. There is no charge to your credit card if you pay in full and on time. However, if you fail to pay us in full and on time, we will involuntarily liquidate your order and charge your credit card (see paragraph 12(B), herein).
8. Recording of Order. You consent and agree that we may keep a recording of your order to verify the terms of your purchase, aid in training, auditing or quality control, comply with any laws as now exist or may hereafter exist, or for any other reason reasonably related to the business of dealing in bullion.
9. Payment / Holding Times. Payment shall be in U.S. Funds only. Once you have placed your order with us, you are obligated to pay us in full by any of the following three methods (credit cards are NOT accepted, except for small orders below our minimum order size placed through our website):
A. Personal Checks / 10 Day Hold – Any payment made by personal check must be postmarked within two (2) business days of placing your order, AND received by us within ten (10) business days of placing your order. Once received by us, there is a ten (10) business day hold on your order while your personal check clears the banking system.
B. Cashier’s Checks or Money Orders / 5 Day Hold – Any payment made by cashier’s check or money order must be received by us within ten (10) business days of placing your order. Once received by us, there is a five (5) business day hold on your order while your cashier’s check or money order clears the banking system.
C. Bank Wire Transfer / 24 Hour Hold – Any payment made by bank wire transfer must be received within ten (10) business days of placing your order. Once received by us, there is a 24 hour (one business day) hold on your order while your bank wire transfer clears the banking system. See our Bank Wire Instructions to wire us your payment. NOTE: We reserve the right to require payment by bank wire transfer either for large orders; or during periods of heavy bullion trading.
10. Shipment of Your Order / Order Confirmation. We shall promptly ship all bullion orders only AFTER we have received your payment in full, including the applicable hold time. There are no shipping charges for orders that are at least the minimum order quantity; and that are shipped within the contiguous USA. Nominal shipping charges apply for orders to Alaska, Hawaii, or Canada; and for orders less than the minimum order quantity. Delivery dates vary with supply and demand.
Your bullion order will normally be shipped to you via fully insured shipping. If you are local and buying silver we make at our site, you may pick-up your silver order at our place of business after paying in full, provided that you call us ahead of time to confirm we have your order on hand. At any time after you have made payment in full, you may confirm delivery of your order through our Order Confirmation page.
A. Delayed Shipping / Voluntary Liquidation of Your Order. From time to time, reductions in our bullion inventory resulting from an increased demand for certain bullion products and other reasons may delay shipping. If we cannot ship your order within the delivery time represented to you at the time of purchase, we will inform you prior to the expiration of that time period that we are unable to meet the delivery date, and that you may elect to either voluntarily liquidate your bullion order (have us buy-back your order); or continue to await delivery by the new delivery date we will give you, which will be based on our best information at that time, but which shall not exceed 30 days. If we should be unable to ship your order within this new delivery date, then after this new delivery date has passed, we shall liquidate your bullion order and remit payment to you for the greater of either your voluntary liquidation amount, including any shipping fees; or your original purchase price. .
11. Payment Addresses.
A. Regular Mail Address:
Northwest Territorial Mint
P.O. Box 2148
Auburn, WA 98071-2148
B. Overnight Mail Address:
Northwest Territorial Mint
1307 West Valley Highway North, Suite 101
Auburn, WA 98001
C. Bank Wire Transfer Address:
Please see our bank wire instructions.
12. Liquidation of Your Order. “Liquidation” shall mean converting your bullion order into cash, and it may be done in one of two following ways:
A. Voluntary Liquidation of Your Order (aka “Buy-Back” of Your Order). At any time after you have fully paid for your order, even if it’s before you’ve received delivery of your bullion, you can sell your order back to us at the current market rate.
B. Involuntary Liquidation of Your Order for Non-Payment. If you fail to make payment in full and on time as stated herein, we shall involuntarily cancel and liquidate your bullion order as of the 11th business day after your order date. We will charge your credit card depending on how the market has changed since you placed your order.
Market loss or gain is calculated as the difference between your original purchase price, and the bullion London Fix closing price on the 11th business day after your order date.
(1) If the bullion market has gone up since you placed your order: A $35.00 cancellation fee; and you will not benefit from any gain in the market; OR
(2) If the bullion market has gone down since you placed your order: A $35.00 cancellation fee; plus the market loss on your order computed at the closing price for your bullion on the London Metals Market Fixing for the 11th business day after you placed your order.
13. Reservations of Right: In addition to the other rights hereunder, we reserve the following rights unto ourselves:
A. Right to Refuse Service to Anyone. We reserve the right to refuse service to anyone.
B. Right to Correct Erroneous Orders. We reserve the right to correct any order for obvious errors or computer-related problems. We will make a good faith effort to notify you of any correction of your order.
C. Right to Cancel Any Pending Sales. We reserve the right to cancel any pending sale at any time for any reason. If we exercise this right, we shall cancel your order, including delivery of your bullion, and we shall notify you and refund you all monies you may have paid to us on your order, less any costs and fees associated with cancelling your order.
D. Right to Require Payment by Bank Wire for Large Orders or During Heavy Trading. We reserve the right to require payment by bank wire transfer for large orders; or during periods of heavy bullion trading.
E. Right to change Bullion Terms of Sale. We reserve the right to change this Agreement at any time without notice.
F. Right to Accept or Reject Any Late or Defective Payment After Market Comparison. We reserve the right to either, (1) accept any late or defective payment, including liquidation payments, after a market comparison to determine what is most advantageous for us, or (2) reject any such late or other defective payment, including liquidation payments, that doesn’t comply with the terms of this Agreement.
G. Right to Withhold Shipment for Unpaid Multiple Orders / Right of Offset. In the event you place multiple orders with us and pay for one or more orders, but fail to properly pay for other orders, we reserve the right to withhold shipment on any paid orders, until the unpaid orders have been resolved to our satisfaction, including the Right of Offset.
The “Right of Offset”, shall mean our right to apply any customer’s paid order’s proceeds and product against any of that customer’s other unpaid order’s proceeds and product. If the customer shall thereafter have a net balance owed to us, we may thereafter involuntarily liquidate the remaining net balance owed as provided herein. If the customer shall have a net balance remaining for shipment, then we shall ship the remaining portion of the order as provided herein.
H. Right to Hold Monies and Shipment to Comply with IRS Form 8300. If you actually are, or appear to us to be sending to us multiple payments that may in our sole discretion require us to report your payment on IRS Form 8300, we reserve the right to hold all such payments and withhold shipment of the related order until you provide us all necessary information that we determine we may need or desire to complete said IRS Form 8300. We hereby also reserve the right to liquidate, cancel or rescind any transaction in which we are unable to obtain or verify information needed to comply with said IRS Form 8300, or any other related statutes, rules, regulations, or any other law of every kind and nature.
14. Reporting Cash Payments Over $10,000. We are required to file IRS Form 8300 on all cash payments over $10,000. Please see our Reporting Cash Payments Over $10,000 for more information.
15. Computation of Time. Unless some other time counting mechanism is expressly stated herein, the first day for computing the time period shall be the first business day after the respective transaction. If the last day shall fall on a weekend or federal holiday, or any day the London Metals Market Fixing is closed, then the last day shall be moved forward in time to the first day that is not a weekend, federal holiday or any day the London Metals Market Fixing is closed.
16. Controlling Law / Venue. This Agreement shall be construed under the laws of the State of Washington. Venue for any Court or adjudicating entity determining the rights of any party hereto shall be the Superior or District Court for King County, Washington State; or the United States District Court for the Western District of Washington.
17. Limitation of Liability. Our liability for any bullion sale shall not exceed the amount actually paid by you for the bullion, less the fair market value of such bullion. We shall not be liable for indirect, incidental, additional, punitive, exemplary or consequential damages, even if we have been advised of the possibility of such damages. We shall not be liable for any delays or failures in the transmission, receipt or execution of orders, payments, deliveries or information due to the incapacity or failure of computer or communications equipment or facilities which are outside our control.
18. Force Majeure. Any prevention, delay or stoppage in our performance of any term hereto due to strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefore, governmental restrictions, regulations or controls, the suspension by commodity exchanges in the trading of gold, silver, platinum or palladium futures contracts or the delivery of the commodities underlying such contracts, or the failure or delay of vendors, enemy or hostile governmental action, riot, civil commotion, fire or other casualty, and other causes beyond our control, shall excuse our performance, and extend our performance of our duties and responsibilities hereunder, for a period equal to any such prevention, delay or stoppage.
19. Complete Agreement. This Agreement constitutes the complete and final expression of the agreement between the parties relating to the sale of bullion, and supersedes all prior or contemporaneous contracts, agreements, understandings and representations of the parties, either oral or written, relating to the sale of bullion.
20. Costs / Attorney Fees. If either party shall retain an attorney to enforce their rights hereunder, the prevailing party shall be entitled to recover all reasonable costs, expenses and attorney fees.
21. Disclaimer of Warranties: EXCEPT FOR EXPRESS WARRANTIES CONTAINED HEREIN, WE DISCLAIM ALL IMPLIED WARRANTIES OF EVERY KIND AND NATURE, INCLUDING SPECIFICALLY THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AS TO ALL BULLION SALES.
22. Assignment. We may assign or transfer any of our rights, duties and responsibilities hereunder, or any interest therein, without notice to you to any entity controlled by us. You may assign or transfer any of your rights, duties and responsibilities only upon prior written notice to us, and provided that you shall not be relieved of any liability under this Agreement pursuant to such assignment or transfer.
23. Written Modification / Waiver of Terms. We reserve the right to modify or amend the terms of this Agreement at any time without notice. You shall not modify or amend the terms of this Agreement except by prior written agreement with us.
24. Binding Effect. Each and every provision of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns, subject at all times to all provisions and restrictions elsewhere in this Agreement. Except as expressly provided herein, nothing in this Agreement is intended to confer on any person, other that the parties hereto and their respective heirs, personal representatives, successors and assigns, any rights or remedies under or by reason of this Agreement.
25. Plural / Singular and Gender. Unless some other meaning and intent are clearly apparent from the context herein, the plural shall include the singular, and the singular shall include the plural; and masculine, feminine and neuter words shall be used interchangeably.
26. Captions. The captions shown in this Agreement are for convenience or reference purposes only, and shall not, in any manner, be utilized to construe the scope or intent of any provision hereof.
27. Invalid Provisions. If any provision of this Agreement, or the applicability of any such provision to a specific situation, shall be held invalid or unenforceable by a Court or adjudicating body of competent jurisdiction, such provision shall be modified to the minimum extent necessary to preserve the intent and spirit of this Agreement, and to make it or its application valid and enforceable, and the validity and enforceability of all other provisions of this Agreement and all other applications of any such provision shall not be affected thereby.
28. Time of Essence. Time is of the essence in this Agreement.
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