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Copyright © 2024 Cobra Diamonds LLC, All rights reserved.
Business and Contact Information
Registered Company Address:
Business and Credit Information
Please Provide the Names and Contact Information of Five Business References

Cobra Diamonds LLC 19101 Mystic Pointe Dr, Suite 1001, Aventura, Florida 33180
PATRIOT ACT - AML COMPLIANCE

The United States PATRIOT Act, the Bank Secrecy Act, and related regulations impose certain requirements and restrictions on Cobra Diamonds, LLC and other dealers in precious stones, metals, and jewels, to prevent Cobra Diamonds LLC from being used to facilitate money laundering and the financing of terrorist activities. In order to complete our compliance obligation under our Anti-Money Laundering Program and Policies, we are required to acquire certain identification information for all our customers, suppliers, and other business partners.

Note: U.S. entities shall provide their tax identification number. Non U.S. entities shall provide their country of origin and identification number issued by that country

Certification by Customer AML Compliance Officer


(Customer Name),

I hereby certify that our company has implemented an Anti-Money Laundering program and are in Compliance with the regulations under the USA Patriot Act.

CONTINUING CREDIT/SALE ON APPROVAL AGREEMENT

This Continuing Credit/Sale on Approval Agreement (the “Agreement”) by and between Cobra Diamonds, LLC., an Florida corporation and its Affiliates (“COBRA”), located at 19101 Mystic Pointe Dr., Suite 1001, Aventura, Florida 33180, and the customer identified below (the “Customer”) which desires to acquire Product(s) from “COBRA”, on credit and/or on sale on approval, as more fully described in certain invoice(s) or memorandum(s), each of which are incorporated by reference herein (“Products”).

IN CONSIDERATION of the covenants and agreements set forth herein, the providing of Products to Customer on sale on approval, the extending of credit and other accommodations by “COBRA” to Customer, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, “COBRA” and Customer agree as follows:

1. IMPORTANT CONTRACTUAL INFORMATION. THE AGREEMENT’S TERMS AND CONDITIONS ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS OR CONDITIONS IN ANY FORM DELIVERED BY CUSTOMER TO COBRA AT ANY TIME ARE CONSIDERED MATERIAL ALTERATIONS; AND NOTICE OF OBJECTION THERETO IS HEREBY GIVEN. BY ACCEPTING DELIVERY OF THE PRODUCTS IDENTIFIED IN INVOICE(S), MEMORANDUM(S), OR OTHER DOCUMENTATION FROM COBRA (DESCRIBED HEREIN INDIVIDUALLY AS “INVOICE” AND COLLECTIVELY AS “INVOICES”), CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS

2. Complete Contract. The Agreement contains the entire understanding of the parties with respect to the matters referred to herein. The Agreement may not be modified unless agreed to and approved by COBRA in writing.

3. Products. COBRA will provide Products on sale on approval to Customer and will bill Customer therefore and Customer shall pay COBRA in accordance with Section 5 hereof.

4. Prices and Taxes. COBRA reserves the right to adjust pricing unless otherwise provided in the Invoices. All prices are exclusive of any sales, use, revenue, excise, value added, turnover, or similar tax and duties.

5. Payment. Each Invoice shall be due and payable NET15 (15) DAYS FROM INVOICE DATE. Customer agrees to pay a charge on the amount past due at the rate of 1.5% per month (18% per year) or the maximum lawful rate, whichever is less. If not paid accordingly, any discount provided by COBRA to Customer as reflected on the Invoice is deemed void and Customer shall pay to COBRA the full list price for the Products. Customer agrees to pay all of COBRA’s costs of collection, including, but not limited to, court costs, filing fees, and attorneys’ fees, incurred by COBRA to collect payment and interest charges or to otherwise enforce the terms of this Agreement. COBRA may suspend Customer’s account and may require full or partial payment prior to any shipment if Customer is delinquent, and/or terminate this Agreement.

6. Risk of Loss. Customer shall be responsible for all loss and damage to Products while in Customer’s possession. If Customer returns any Products to COBRA pursuant to Section 10 of this Agreement, Customer shall be liable for all loss and damage to the Products until the Products are received and opened by COBRA. Customer remains liable for all loss and damage to Products returned by Customer to COBRA without prior written return authorization by COBRA and without the inclusion of a packing list itemizing the Products returned as provided in Section 10. Customer must advise COBRA of any cyber security issues with and/or breaches to Customer’s system and shall indemnify COBRA from any loss or damage related thereto.

7. Title of Goods. Consistent with practice in COBRA’s Industry, COBRA is relying on the sale of Products to Customer under this Agreement on sale and approval. Title to the Products shall not vest in Customer until Customer has paid for the Products.

8. Delivery. Shipping dates are approximate and not guaranteed by COBRA. COBRA will only ship Products to Customer’s business address and for delivery only during regular business hours. If, at the request of Customer, Products are delivered to an address other than Customer’s regular business address or not during regular business hours, Customer shall bear the risk of loss or damage to those Products after shipment by COBRA.

9. Claims. Within twenty-four (24) hours after Customer’s receipt of Products, Customer shall give written notice to COBRA of any claim based upon the condition, quality, or grade of such Products, of any claimed nonconformance, or any Products identified on the packing slip accompanying the Products that were not received by Customer. Failure to notify COBRA shall be deemed that the Products are conforming and received in good condition.

10. Returned Goods. Regardless of the form of transaction, NO Products may be returned by Customer to COBRA without prior written approval by COBRA. Customer must make a written request for approval and obtain a written return authorization from COBRA before returning any Products to COBRA. CUSTOMER MUST INCLUDE IN EACH RETURNED PACKAGE A COPY OF THE WRITTEN RETURN AUTHORIZATION AND A PACKING LIST ITEMIZING EACH PRODUCT CONTAINED IN THE RETURNED PACKAGE. COBRA’s receipt of Products sent by Customer to COBRA, including, but not limited to, signature for packages sent by FedEx, UPS, or other carrier, is not an acceptance of a return unless Customer received prior written authorization from COBRA to return the Products. Customer is responsible for all shipping expenses for returned Products. Products identified on the invoice as “Special Order” may not be returned and are deemed accepted upon delivery. If a return is authorized by COBRA pursuant to this Section 10 and the returned Products are received by COBRA over thirty (30) days from the Invoice date, the return will be subject to a twenty percent (20%) restocking fee.

11. Storage of Products. Customer shall keep all Products in a well-secured safe and take all reasonable steps to prevent loss of goods, including, but not limited to, the installation of an alarm system and CCTV camera recording surveillance system.

12. Governing Law. This Agreement shall be governed by the laws of the State of Florida, including the Florida Uniform Commercial Code, without regard to conflicts of laws rules. The United Nations Contract on the International Sale of Goods shall not apply to this Agreement.

13. Term and Termination. This Agreement shall continue until terminated pursuant to its terms. In the event of a material breach by one party other than nonpayment, the other party shall give the party in breach written notice describing the breach in detail. If such breach or default is not fully remedied within thirty (30) days after the date of such notice, the notifying party shall be entitled to, in addition to all other remedies available to such party, terminate this Agreement by a written notice to the breaching or defaulting party.

14. Warranties. COBRA warrants the shape and weight of the Products purchased by Customer from COBRA, but makes no other representations and warranties, including but not limited to warranties related to the clarity or color of the Products. Customer acknowledges that COBRA’s pricing of Products is based on grading reports for the Products prepared by third party agencies and that grading may vary throughout the industry and among such third parties. COBRA will provide Customer with the original grading reports for Products only after COBRA has received payment in full. THE FOREGOING WARRANTY AND REMEDIES ARE EXCLUSIVE AND MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COBRA DOES NOT ASSUME OR AUTHORIZE ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH PRODUCTS IT SELLS.

15. Limitation of Liability. The entire liability of COBRA for damages from any cause whatsoever will not exceed the net purchase prices of any such Product giving rise to the claim, or to the repair or replacement of such Product. COBRA or its suppliers will under no circumstances be liable for any special, incidental, indirect, consequential, punitive damages, including, but not limited to back charges, labor costs, costs of removal, testing or installation, loss of efficiency, lost profits or any other revenues, loss of the use of the Product or any related or associated Product, damage to associated products, lateness or delay in delivery, downtime, or claims from Customer’s customers or other parties.

16. Ethical and Legal Compliance. Customer shall comply with ethical business practice common to the industry in which it is engaged and the place(s) where it conducts business and all applicable laws, ordinances, and regulations, including, without limitation those relating to “Patriot Act”, “Bank Secrecy Act”, “Foreign Corrupt Practices”, “Export Administration Regulations” and generally related to the conduct of its business and shall protect, indemnify, defend and hold COBRA, its officers, directors, employees, and agents, and those of its affiliates harmless from any and all claims, fines, penalties or other consequences of Customer’s non-compliance with any of the foregoing.

17. Assignment. This Agreement shall bind the parties and their respective successors and assigns. Customer shall not have the right to assign this Agreement without the prior written consent of COBRA, which shall not unreasonably be withheld or delayed.

18. Waiver of Trial by Jury. COBRA and Customer waive any and all rights of a trial by jury in connection with any Dispute.

19. Notices. Any and all notices or communications required or desired to be given in connection with the Agreement shall be in writing and will be deemed effective upon delivery. If sent by registered or certified mail, postage prepaid, return receipt requested delivery will be presumed on the seventh (7th) day after mailing, or if sent by recognized overnight courier delivery will be presumed on the second (2nd) day after delivery to such carrier and in any case addressed, if to COBRA, at the address stated above and if to Customer, at the address stated in the Acknowledgment. Either party may designate another address by notice.

21. Acknowledgement. CUSTOMER ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT AND BY SIGNING BELOW AGREES TO BE BOUND THEREBY.



Cobra Diamonds, LLC