A. Monetary Gold is in the business of brokering coins and precious metals.
B. Customer represents that his/her name and address are as indicated above
C. This Agreement is entered into by and between Monetary Gold and Clients for the shipping and acquisition of certain items.
D. Clients represents he/she has the legal capacity and is authorized to enter into this Agreement, without notice to or consent of any other person. If Clients is a corporation or other legal entity, the person signing below represents that he/she is authorized to enter into the transaction and agrees to personally guarantee the entity’s obligations under this Agreement.
Monetary Gold and Clients agree that the following terms and conditions shall apply to all transactions between them.
1 Do Not Call List. Customers who are on the “do not call list” agree to accept calls from a representative of Monetary Gold and or partners.
2 Delivery of Purchased item(s). Upon the confirmation and receipt of the agreed on funds constituting full payment of the agreed purchase price, Monetary Gold shall ship Customer’s purchase within ten (10) to fifteen (15) business days. For payments by check, this shipment will be made within fifteen (15) to twenty (20) business days after check has been received, processed and cleared. Monetary Gold will determine the appropriate means of delivery to Customer.
3 Item(s) Lost in Transit. If any item is lost in transit to Customer, then Customer must notify Monetary Gold immediately. Monetary Gold will then in its sole discretion, upon verification the item was lost in transit to Customer, and within ninety (90) days of such verification, shall either refund to Customer the full purchase price for such lost or non-received item(s), or replace such item(s) with another item or items identical to that purchased. Risk of loss passes to Customer upon first delivery of item(s) to Customer’s address.
4 Holding Period. Rare coins and bullion should be considered a long-term investment. Customer should be prepared to hold any item purchased for at least a three to five-year period, and preferably five to ten years to maximize the potential for gains. Customer should only invest capital that can be held for at least this estimated period of time. Customer is aware that Monetary Gold makes no guarantee or representation that Customer will make a profit at the expiration of such period of time.
5 Customer Assumes the Risk of Investment(s). Customer assumes the risk of all investment decisions regarding all purchased items. Monetary Gold makes no guarantee or representation regarding Customer’s ability to profit from any purchase or any representation any tax implications of any purchase. In no event shall Monetary Gold or its employees or agents be held liable for any direct or indirect damages arising from Customer’s Purchase. In addition, Monetary Gold disclaims any express or implied warranties, including the warranty of merchantability, and any warranty as to the grade or description of any item. Customer alone decides what item to buy and when to buy and sell. Monetary Gold does not guarantee the profitability of any purchase nor does Monetary Gold guarantee that the Customer will be able to sell any item purchased for a profit in the future.
6 Additional Services Provided. Monetary Gold may provide additional services to Customer, which include financial and investment tools, such as reports, newsletters, alerts, and/or quarterly and price evaluations and prospects. Customer acknowledges that the services provided to Customer’s convenience, and use of the services and any reliance upon any materials, including any action taken by Customer because of such use or reliance, is at the sole discretion and risk of Customer.
7 Authority of Agents of Monetary Gold. No agent, employee or representative of Monetary Gold has the authority to bind Monetary Gold to any affirmation, representation, or warranty concerning any item(s) purchased under this Agreement, unless an affirmation, representation, or warranty made by an agent, employee, or representative is specifically included within this written Agreement, it shall not in any way be enforceable.
8 Customer’s Investment Objectives and Financial Situation. Monetary Gold is always prepared to assist Customer in selecting coins for a portfolio or collection. Customer acknowledges, however, that the decision to purchase coins, and which coins to purchase, is ultimately the Customer’s alone and Monetary Gold is not responsible for Customer’s decision to purchase item(s). Customer acknowledges that any and all assistance from Monetary Gold may offer to Customer, does not create a fiduciary relationship between monetary Gold and Customer. Any and all purchases that are made are subject to Customer’s own prudence, judgment and ultimate decision. Monetary Gold does not provide tax, investment or legal advisory services and no one associated with Monetary Gold is authorized to render any such advice. Any written or oral statements by Monetary Gold, its principles, agents, or representatives relating to future events constitute opinions only, and are not representations of fact. Customer further warrants that he or she has had the opportunity to discuss the risk of the investment with Monetary Gold and/or Customer’s own financial advisors, and was not coerced into deciding to purchase the item(s).
9 Monetary Gold’s pricing Policy. a) Bullion. The price for bullion (coins and bars that move closely with the gold and silver spot price) includes the bid/ask (spread) that industry currently averages between one (1%) and fifteen percent (15%). (Example: If the ask/sell price of a gold coin is four hundred dollars with a five percent spread, then the buy/bid price is three hundred eighty dollars). b) Semi-Numismatic. The spread for semi-numismatic industry averages between five (5%) and thirty percent (30%). (Example: if the ask/sell price is four hundred dollars with a twenty percent spread, then the buy/bid is three hundred and twenty dollars). c) Certified Graded Numismatic coins/collector coins (“Rare Coins”). The price for Certified Graded Numismatic coins/collector coins (“Rare Coins”) industry averages between fifteen percent (15%) and thirty-five percent (35%). The scarcer and higher grade the collector coin is, making the coin harder to find and acquire, the higher the spread is for Certified Graded Numismatic coins/collector coins (“Rare Coins”). Spreads may, and do fluctuate as market conditions change. Coins placed in an individual retirement account (“IRA”) will carry a fifteen to thirty-five percent spread. All quotes are given as an “ask”
10 California Agreement. Customer acknowledges and agrees that this Agreement is made and entered into in Woodland Hills, CA. a) Arbitration Mandatory: The parties agree that any controversy, claim or b) Conduct of Arbitration. Such arbitration shall be conducted by a sole c) Costs of Arbitration: The fees of the arbitration shall be divided equally d) Confidentiality: Any dispute, testimony, documents produced and outcome dispute arising out of or relating to any transaction between Customer and Monetary Gold, shall be resolved solely and exclusively by binding arbitration as provided below. arbitrator under the auspices and rules of JAMS, Inc. between the parties, together with other expenses of the arbitration incurred or approved by the arbitrators. of the arbitration shall remain confidential. Any breach of this confidentiality clause shall entitle the non-breaching party to seek injunctive relief and/or compensatory damages from any court having competent jurisdiction or the e) Waiver of Right to Jury Trial: In agreeing to arbitrate, the parties understand f) Choice of Law/Venue: California law shall apply to all proceedings under g) Arbitration Award. The arbitration award shall be in writing signed by and agree that they are both waiving their rights to a jury trial, or a trial before a judge in a public court. this Agreement, without reference to choice of law rules, and venue for the arbitration shall be Ventura, California. a majority of the arbitrators, and shall state the basis for the award in h) Time Limit for Filing Arbitration: The parties agree that any arbitration, or i) Enforcing Arbitration: In the event a party fails to proceed with arbitration. j) Class Action Waiver. The arbitrators may not consolidate more than one proceeding in aid of arbitration, must be filed within one year of the relevant transaction(s) or it is waived. Unsuccessfully challenges the arbitrator’s award, or fails to comply with an award, the other party is entitled to costs of suit including attorneys’ fees incurred in having to compel arbitration or defend or enforce the award. person’s claims, and may not preside over any representative or class proceeding.
12 DISCLAIMER OF DAMAGES. IN NO EVENT, AND UNDER NO LEGAL THEORY, CONTRACT, TORT, OR OTHERWISE, SHALL MONETARY GOLD, ITS PRINCIPALES, AGENTS, REPRESENTATIVES, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM LOSS OF PROFITS, WAGES OR BUSINESS, EVEN IF MONETARY GOLD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13 Volatility of Market. The success of an investment in coins is dependent in part upon extrinsic economic forces including supply, demand, international monetary conditions and inflation or the expectation of inflation. The impact of these forces on the values of coins cannot be predicted with any certainty. Customer acknowledges that the coin market can be volatile and that coin prices may rise or fall over time and that past performance is no indication of future performance. Moreover, rare coins are not suitable investments for anyone seeking current income. Monetary Gold shall not be liable for loss caused directly or indirectly by any exchange or market ruling government restriction, or any “force majeure” (e.g. Acts of God, fire; war, insurrection, riot; communications of power failure) or any other cause beyond the reasonable control of Monetary Gold.
14 Remedy for Customer’s Breach of Contract Agreement. In the event that Customer, refuses to accept delivery of the purchased item(s) or fails to make payment when due, it will constitute a breach of this Agreement. Monetary Gold, in its sole discretion, shall be entitled to recover from Customer a 5% (five percent) restocking fee, and the difference in any market fluctuations. In addition, Monetary Gold shall be entitled to recover any incidental damages occasioned by Customer’s breach.
15 Retirement Accounts. Monetary Gold has made every effort to comply with current federal laws in connection with Coins that are placed in IRA. However Monetary Gold expressly disclaims any responsibility or obligation for any tax impact to Customer as a result of future Internal Revenue Code regulations or interpretations of current law. Customer expressly acknowledges and agrees that Customer has been advised to seek independent tax advice and that Monetary Gold has made no representations regarding the tax impact of Coins held as an investment in an IRA.
16 Buy-Back of Purchased Item(s). Monetary Gold is a buyer of Rare Coins and bullion at the prevailing current market value. If Customer wishes to sell such items in the future. Monetary Gold encourages Customer to offer them to Monetary Gold first. Monetary Gold is prohibited by law from guaranteeing to repurchase coins sold by Monetary Gold. However, Monetary Gold has always made buy/sell markets in the coins we offer at the highest posted bid price on the electronic exchange only charging a quarter of one percent [Example: if you sell $10,000 worth of gold back to us, a charge of $25 will apply]. This buy-back policy is not a guarantee and is subject to change without notice. Risk of loss on all purchased coins shall be borne by Customer until any item(s) purchased by Monetary Gold are actually received by
17 No Refunds Except as to Counterfeit Coin(s). Monetary Gold shall not be obliged to accept returns of any coin(s) for refund other than counterfeit coins returned in their original holders within ninety (90) days of purchase. In the case of counterfeit coins, Monetary Gold’s liability to Customer shall be limited to refund of the purchase price or replacement of the coin(s) in question. Monetary Gold expressly disclaims any further liability to Customer, including any liability for lost profits or consequential damages as a result of counterfeit coins. In no event will Monetary Gold be liable for a replacement or refund of the purchase price for any coin purchased by Customer if more than ninety (90) days has elapsed since the date of receipt regardless of when Customer became aware of the claim.
18 Disclaimer of Express Warranties. Monetary Gold warrants that the nature and precious metals content of the purchased item(s) are as described and are genuine, but no other express warranty is made in respect to any purchased and interpretations that can and do change over time. Monetary Gold uses contemporary grading standards and interpretations to grade coins, or relies upon the opinions of independent grading services such as the Professional Coin Grading Service, Inc., Numismatic Guaranty Corporation of America and ANACS. Monetary Gold does not guarantee that the coins it sells will achieve the same grades from Monetary Gold itself or from any independent grading service in the future.
19 Finality of this Writing. This Agreement is intended by the Parties as a final expression of their Agreement concerning the matters of contained herein, and as a complete and exclusive statement of the terms of their agreement. This Agreement supersedes any oral or written statement prior to or contemporaneous with this transaction by Monetary Gold. Customer shall not rely on any statement by or on behalf of Monetary Gold which is inconsistent with this Agreement. Monetary Gold reserves the right at any time to amend, change, revise, add or modify the terms and conditions set forth in this Agreement.
20 Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.
21 Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement and the agreements appended hereto or executed in connection with this Agreement may be signed and transmitted by facsimile, and any copy with a facsimile signature will be deemed a valid signature hereto or thereto and shall be deemed binding on the parties as it were an original signature. THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH AFFECTS YOUR LEGAL RIGHTS AND MAY BE ENFORCED BY THE PARTIES. BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ, UNDERSTAND AND HEREBY AGREE TO THE TERMS OF THIS AGREEMENT.1