"We" and "Us" - means Gold and Silver Bullion Australia Pty Ltd trading as Gold and Silver Bullion Australia, Gold Bullion Australia Pty Ltd ATF GBA Discretionary Trust and GSBA Pty Ltd.
This agreement applies to all dealings and transactions conducted between you (referred to as the
client) and us.
Upon the commencement of this agreement, this becomes the current conditions and any previous
arrangements will be treated as if they were entered into pursuant to this agreement.
a. By opening an account, and/or placing an order with us, you acknowledge your acceptance of
the below terms and conditions of business and this becomes a binding agreement between
you and us.
b. You accept and understand that we reserve the right to alter the terms and conditions of
business from time to time. These will be updated on our website, and you are responsible to
review regularly and check for any updates.
c. You agree to provide us with complete and correct personal information. The information that
you provide us will be relied upon unless we receive an email or written advice notifying us of
any other changes.
d. You accept that in conducting dealings and transactions with us that you have the full
capacity, power and authority to do so.
e. You acknowledge that we can accept instructions from an authorised third party to act on
your behalf following receiving written authorisation from you. We will continue to act on any
third party's instruction until we have received written instructions to discontinue the third
parties instructions.
f. You agree that at all times during your dealings with us that you will be in a position to meet
all of your obligations and commitments from your dealings and transactions with us.
g. You acknowledge that we have the right to correct any trading, incorrect pricing or
administrative errors. This includes reversing, and or cancelling orders without your consent.
h. In some instances, you acknowledge that we may insist that cleared funds be received before
a price can be locked in.
i. You accept that any offers or orders accepted by you (including and not limited to verbal,
telephone, over the counter and email), are FINAL and cannot be changed, cancelled or
modified.
j. You acknowledge that payment for any confirmed orders is to be paid on the same day of
acceptance of an offer or order, unless otherwise agreed by us.
k. You acknowledge, interest may be payable at a rate determined by us, on any outstanding
amounts that have not been paid on the same-day as the confirmed offer or order until the
date the full amount has been paid.
l. You agree to reimburse us for any third party costs including GST relating for the recovery of
final amounts owing, interest, or any other third party fees or charges levied on us in
connection with your dealings and transactions.
m. You agree in the circumstance of overdue payments, you agree to us using your personal
information to obtain a credit report from a credit reporting agency.
n. You agree that we can appropriate any credits, payments or amounts owing to you, as we
think fit, against any monies owing to us by you.
o. You acknowledge, there may be delivery delays, and in this instance, orders will be fulfilled in
order of receipts as soon as stock is received to fill these orders.
p. You acknowledge that we do not hold storage facilities, and that we will hold any purchase
for a short period of time free of charge, and that you will need to arrange to take delivery in
a timely manner.
q. You acknowledge that we do not provide financial advice, and your decision to buy and/or sell
any precious metal is based on your own independent research, investment objectives and
particular needs.
r. Freight and insurance is optional, and this is a service we provide on your behalf through our
nominated third party contractors. You may arrange for your own nominated courier and or
nominated insurer for delivery of your purchase.
s. Delayed delivery or failure by our nominated courier to make delivery shall not constitute
non-performance by us.
t. You acknowledge that we are not responsible for any third party services and or information
we provide or make available to you. This includes third party competence, reliability,
completeness or accuracy.
u. You agree to indemnify us, our subsidiaries, respective directors, employees, contractors,
and agents against all costs, including but not limited to losses, damages, actions,
proceedings, claims, costs (including legal costs), demands, damages, liabilities or expenses,
which may be brought against, suffered or incurred by us by a reason of a breach of this
agreement.
v. You agree to release us, our subsidiaries, respective directors, employees, contractors, and
agents from any obligation or liability with respect to any loss, whether direct or
consequential, that you suffer or incur in connection with your business dealings with us.
w. We shall not be liable for any loss arising in connection with the operation (including delays
and error) breakdowns, disruptions or malfunction of any system, device or service.
x. We will take reasonable steps to preserve the security of your personal information. You
agree to hold us harmless for breaches of security, including unauthorised access.
y. We preserve all email correspondences, invoices and personal information as legally required
and the same will be made available for access by government authorities.