Terms of Business

INTEPRETATION

This agreement applies to all dealings and transactions (regardless of the transmission to facilitate the transaction) conducted between;

GBA Discretionary Trust ATF Gold Bullion Australia Pty Ltd trading as Gold Bullion Australia, Gold and Silver Bullion Australia Pty Ltd trading as Gold and Silver Bullion Australia, GSBA ATF GSBA Pty Ltd trading as Gold and Silver Buyers Australia, Gold Bullion Australia Reserve Vault Pty Ltd trading as Gold Bullion Australia Treasury Reserve, and GBA Engineering collectively referred to as “GBA”, “we”, “us” and “our”, and the client (collectively referred to as “you” and “your”).

GENERAL

The commencement of this agreement replaces any previous arrangements between you and us, and any prior arrangement will be treated as if it were entered into pursuant to this agreement.

TERMS AND CONDITIONS

1. 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.
   
   
2. 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.
   
   
3. You agree to provide us with complete and correct information and that none of the information is misleading. You understand that should any information provided to GBA change, then it is your responsibility to contact GBA and update this information. The information that you provide will be relied upon unless we receive an email or written advice notifying us of any other changes.
   
   
4. You accept that in conducting dealings and transactions with us that you have the full capacity, power and are properly authorised to do so. If you are acting on behalf of a trust or superannuation fund, you warrant the benefit and responsibility for all obligations under this agreement is held by the trust or superannuation fund.
   
   
5. You acknowledge that we can accept and rely on 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.
   
   
6. 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.
   
   
7. 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 and without explanation.
   
   
8. You acknowledge that we are not obliged and may decline any application, not act on unclear, ambiguous and or incomplete instruction, and may do so without explanation or advance notice.
   
   
9. The currency for all transactions is Australian Dollars (AUD).
   
   
10. In some instances, you acknowledge that we may insist that cleared funds be received before a price can be locked in.
    
    
11. You accept that any contract or orders accepted by you (including and not limited to verbal, telephone, over the counter, online and email), are FINAL and cannot be changed, cancelled or modified.
    
    
12. You acknowledge that payment for any confirmed orders is to be paid in full before 4pm on the same day of acceptance of a contract or order, unless otherwise agreed by us.
    
    
13. 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 contract or order until the date the full amount has been paid.
    
    
14. 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.
    
    
15. You agree in the circumstance of overdue payments, you agree to us using your personal information and forwarding this to third parties for the use of the recovery of outstanding amounts, and to obtain a credit report from a credit reporting agency.
    
    
16. 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.
    
    
17. You acknowledge GBA will not be liable for any loss where your instruction is not deemed to be clear or understood by GBA, we do not receive your instructions, and or where any dealing, proposed dealing and or instruction is interrupted, unable to be completed or able to take place.
    
    
18. 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.
    
    
19. 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.
    
    
20. 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.
    
    
21. You acknowledge GBA does not offer refunds or exchange of products. GBA does purchase back products based on the current market rate should you change your mind.
    
    
22. 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.
    
    
23. GBA relies on the most recent delivery address details you provide. Should this information change, you are responsible to provide in writing a request for these details to be updated.
    
    
24. Delivery insurance does not cover if you or the nominated signees are not available to sign for the delivery at the delivery address you choose. The delivery insurance ceases after the first attempt of delivery. Delivery insurance does not cover incorrect, incomplete delivery address details, a third party signs for the parcel without your authorisation, signee uses a fake identity and or failure by you to update your delivery address details with GBA.
    
    
25. You agree that GBA may contact you to change the courier method, if we feel the current courier selected is not suitable. In such instances, you agree you may need to pay an additional fee should this be required.
    
    
26. Delayed delivery or failure by our nominated courier to make delivery shall not constitute non-performance by us.
    
    
27. You acknowledge that at GBA’s discretion, it may suspend trading or the immediate fulfilment of orders in times of high market volatility.
    
    
28. You acknowledge that we are not responsible for any third party services and or third party information we provide or make available to you. This includes third party competence, reliability, completeness or accuracy.
    
    
29. GBA publishes a daily price list which is only indicative pricing. The pricing for all orders is calculated at the time of the contract and based on the spot price plus a premium.
    
    
30. 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.
    
    
31. 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.
    
    
32. 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.
    
    
33. 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.
    
    
34. We preserve all email correspondences, invoices and personal information as legally required and the same will be made available for access by government authorities.
    
    
35. GBA may assign this agreement without notice to you. You may assign this agreement following a written request and approval from GBA.
    
    
36. You agree in the instance GBA is directly or indirectly prevented from making a supply or performing its obligation due to reasons beyond our control it will not be liable for any loss or damaged incurred by you. This includes and is not limited too; a force majeure event, product unavailability, act of God, fire, earthquake, flood, lighting strikes, natural disaster, mechanical or electrical failure, industrial action or dispute, lockout, epidemic, war or act or war, terrorism, revolution, malicious damage, sabotage, civil unrest or disturbance, action or inaction of domestic and or international government, or third party. GBA will use all reasonable endeavours to terminate the delaying event but will not act on disadvantageous terms. Upon the cessation of the delay, GBA will resume its obligations.
    
    
37. If any part of this agreement should become void, illegal or unenforceable, the remainder of the terms and conditions shall remain in full effect within this agreement. You agree that in such an instance a condition to be void, illegal or unenforceable, this will be replaced by the most similar commercial and legal context similar to the condition.