Governing All Present, Past, and Future Business-to-Business Relationships
These B2B binding provisions are designed to ensure that every business relationship is governed by principles of fairness, accountability, and the rule of law.
Preamble: Fair Dealing, Law, and Honor
B2B commerce must have a foundation of trust, not coercion. The goal is for all to make a fair profit, not to abuse those with less. The corporate privilege is just that — a privilege — and it must not be abused. Long before corporations buried fairness in fine print, business was conducted on a handshake, an oath, and the understanding that both a deal and responsibility meant something. The law was not a weapon to crush, nor was a contract; both are frameworks designed to protect, ensuring fair dealings between equals.
“Private transactions are fair and regular.” (Cal. Civ. Code § 3545)
Safe Haven Metal LLC (“SHM”) holds to the belief that contracts are not instruments to escape responsibility but to clarify it. No business should be above the law.
“No one can take advantage of their own wrong.” (Cal. Civ. Code § 3517)
These Terms and Conditions shall restore balance, not expand power. To return commercial dealings to the basic principles of fairness, accountability, and mutual respect. The aim is to make wrongs redressable and to protect all as the law intends — ensuring all feel they are treated with fairness, allowing counsel to hold their heads high, and ensuring any judge or arbiter may confidently uphold the rule of law in any dispute involving SHM.
“One must so use his own rights as not to infringe upon the rights of another.” (Cal. Civ. Code § 3514)
We stand on the simple premise: the rule of law is not optional. Those who choose to do business with SHM do so under terms that honor that principle. SHM does not hide these Terms and Conditions. SHM posts them openly, accessible to all, and with design to protect both sides from the creeping erosion of basic fairness in modern commerce.
Glossary of Terms
SHM refers to Safe Haven Metal LLC, a California limited liability company and its managing members.
You refers to the business that is negotiating with, contracting with, or contracted with SHM. To the extent that your own Terms and Conditions encompass affiliates, subordinates, partners, contracted parties, subcontractors, officers, employees, shareholders, principals, agents, heirs and/or assigns within the definition of You, then You have included them in the term You.
Party as used herein refers to You or SHM as a neutral descriptor.
Parties refers to You and SHM.
B2B is simply shorthand for business-to-business
I. B2B NOTICE: Universal Incorporation and Supremacy Clause
SHM operates as an internet-based business and routinely engages with multiple entities around the United States to evaluate, establish, and/or maintain commercial relationships. In fairness to all Parties, SHM maintains a single set of standard Terms and Conditions publicly posted at safehavenmetal.com. These Terms and Conditions are hereby incorporated by reference into, and shall govern, all communications, negotiations, agreements, transactions, and relationships—whether written, oral, electronic, implied, or otherwise—between SHM and You.
By engaging in any form of business interaction with SHM, including but not limited to negotiation, contracting, purchasing, selling, providing services, banking, payment processing, or any other form of business You acknowledge that You have received fair and reasonable advance notice of these Terms and Conditions and expressly agree that You shall be bound hereby when engaging in business with SHM.
You agree that: in the event of any conflict between SHM’s Terms and Conditions and the terms of any other agreement, SHM’s Terms and Conditions shall control and prevail, absolutely; any conflicting provision in any other B2B instrument is void and of no effect; continuing engagement with SHM constitutes acceptance of and agreement that these Terms and Conditions are binding.
II. Venue and Governing Law
“For every wrong there is a remedy.” (Cal. Civ. Code § 3523)
The laws of the State of California shall govern, without regard to conflict-of-law principles, all disputes arising out of or relating to any B2B relationship or transaction with SHM. The exclusive venue for any dispute shall be Los Angeles County, California, and all Parties consent to personal jurisdiction therein.
Litigation in a court of competent jurisdiction shall be the default forum for dispute resolution. Arbitration shall occur only if both Parties expressly consent in writing after the cause of the dispute arises. You may not unilaterally impose arbitration or designate an alternate forum in advance, and any pre-dispute arbitration clause shall be void and of no effect.
Every injury being unique, the necessary remedy and applicable laws cannot be stripped away in advance of the injury. “No one should suffer by the act of another.” (Cal. Civ. Code § 3520)
III. Restoration of Law and Fair B2B Dealing
SHM recognizes that B2B contracts exist within the rule of law—not above it. Accordingly, any term, condition, clause, or provision in any agreement, whether written, oral, electronic, or implied, that seeks to waive, disclaim, limit, or otherwise avoid legal responsibility for harm, injury, damage, negligence, or misconduct, or that creates an unfair or unreasonable imbalance between the Parties, shall be void and of no effect.
The Parties agree to conduct business fairly, in good faith, and in accordance with applicable statutory and common law. No Party may use contract language to circumvent legal obligations, including but not limited to duties of care, honesty, and fair dealing. Any attempt to disclaim or evade these responsibilities shall not be enforceable.
“A person who takes the benefit must bear the burden.” (Cal. Civ. Code § 3521)
IV. Reciprocal Enforceability Clause
Any attempt by any Party to invalidate, disclaim, limit, or otherwise challenge the enforceability of these Terms and Conditions, or any provision herein, shall constitute that Party’s consent to the immediate and complete voiding of its own terms, conditions, and provisions in any related or connected agreements. “A person who consents to an act is not wronged by it.” (Cal. Civ. Code § 3515)
This provision exists to ensure B2B reciprocity, fairness, and balance, and shall be accordingly enforceable. “Interpretation must be reasonable.” (Cal. Civ. Code § 3542)
The very provisions of any contracts that employ unilateral application of rights, seeking to create an imbalance in the law, are the same provisions that consent to and agree to these Terms and Conditions as binding.
V. B2B Intent Provisions
These Terms and Conditions shall restore and preserve the balance of law, ensuring that no Party may elevate contractual trickery above fundamental legal duties. They do not seek to expand B2B rights unjustly, but to return all dealings to the baseline of fair and honorable commerce.
The intent is clear: if You would do business with SHM, You shall do so under the same law that governs us all. Not buried in fine print. Not dictated by corporate fiat. But in the open, as equals.
“The law has been obeyed.” (Cal. Civ. Code § 3548)
VI. Severability
If any provision or portion thereof as set forth herein is found to be unenforceable by a judicial court of competent jurisdiction, then the offending provision shall first be interpreted in a manner consistent with the intent of these Terms and Conditions so that it may be enforceable. If such interpretation is not possible, then the unenforceable text, to the extent necessary, shall be severed from these Terms and Conditions, with the remainder remaining in full force and effect as if the unenforceable text never existed.
For the avoidance of doubt, only a judicial court of competent jurisdiction shall have the power or authority to adjudicate the validity or enforceability of any provision of these Terms and Conditions — no arbiter or arbitration panel shall have any such authority.
VII. Final Say
These Terms and Conditions prevail over any other agreement and any provision to the contrary is subordinate. Engaging in business with Safe Haven Metal LLC is consent to and adoption of this clause, notwithstanding anything to the contrary anywhere or anytime.
In short, we forever claim the dominating contract status position and no other provision may prevail to the contrary.
These B2B binding provisions govern all of our contracts, whenever entered into, past, present, or future, and apply to one and all equally. So adopted and incorporated by reference into all our business dealings with other businesses by the managing members of Safe Haven Metal LLC in the spirit of fair dealing, lawful commerce, and with gratitude to the centuries of merchants that came before us and fought to secure our rights and blessings.
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