We want to buy and sell precious metal bullion to the public. When you are ready to sell or liquidate a portion of your assets, sell to us. When you are willing to purchase precious metals to add to your physical assets, buy from us.
PLEASE READ CAREFULLY: These Terms and Conditions regulate the purchase of bullion by Gold and Silver Traders, Inc. (“Gold and Silver Traders”, “We”, “Us”, or “Our”) from the Seller (“Seller”, “You”, or “Your”, whether an individual, corporation, limited liability company, partnership or other entity), and the sale of bullion by Gold and Silver Traders to the Purchaser (“Purchaser”, “You”, or “Your”, as the context requires). By offering to sell or selling bullion to Gold and Silver Traders, or offering to purchase or purchasing bullion from Gold and Silver Traders, including on our website or telephone number noted on our website, you represent and warrant that you have the right and legal capacity to enter into these Terms and Conditions, have read, understood and agree to these Terms and Conditions and that these Terms and Conditions constitute an agreement made by and between Gold and Silver Traders and you, personally, and/or if applicable, on behalf of the individual for whom you are selling or purchasing bullion, as the case may be. If you do not want to be subjected to the Term and Conditions, you are prohibited from selling bullion to Gold and Silver Traders, or purchasing bullion from Gold and Silver Traders, and you must stop using our site immediately.
Bullion Market Price and Availability Change Constantly / Gold and Silver Traders Sets Bullion Prices
The bullion products we offer to purchase FROM you, and bullion products that we offer to sell TO you are commodities traded on various open markets, and therefore the value of such bullion fluctuates constantly following their respective metals market. Although we indicate sell and sales prices on our website, market movements may adjust quicker than updates allow. You acknowledge and agree that Gold and Silver Traders alone shall set the bullion purchase rate for all bullion that we provide to buy, and the rate and buyback prices for all bullion offered purchasable by us. Because precious metals prices fluctuate constantly, all offers to sell or liquidate bullion must be placed via telephone, so the costs are locked at the current market rate, as deemed by us.
Bullion Trading Activity
There may be times when the market demand for trading bullion may be very active, and it could interfere with the ability to contact via telephone. Irrespective of excess in website or telephone trades, we still only conduct bullion trades through telephone or our website during the duration of posted operating hours. We do not allow for any bullion trades to be conducted with us through any means other than through the telephone or our website.
Placement of Transaction Creates a Binding Agreement
Gold and Silver Traders has maintained a magnificent reputation throughout our operations in the precious metals industry, throughout our endeavors we strive to supply the customer with the best precious metals trading experience available. We seek to continue this so we can uphold a great volume to further facilitate trading opportunities for us and all of our customers. Per this, you acknowledge and assent that we are relying on a verbal promise from you, or your offer, to sell and complete the delivery of your bullion to us, or to purchase bullion from us and pay for your order, as the case may be. In advocacy of this, you confirm that your offer to purchase bullion from or the selling of bullion to us, and/or placement of a bullion sale or purchase transaction with us, creates a binding, legally enforceable commitment in which you agree to purchase bullion from us or to sell your bullion to us, as the case may be. You will be unable to cancel any bullion transaction prior, in the instance of the selling of bullion to us, to making the delivery, or in the case of the purchasing of bullion from us, making payment, in full. In the event that you have completed a transaction purchasing bullion from us, only once you have paid for the bullion in full may we buyback the products you have purchased. Upon your request, we will process such a buyback in accordance with the terms outlined in our “Buyback Terms”.
Email Confirmation and Purchase Order / Seller to Allow Emails from Gold and Silver Traders
After we have confirmed your order over the telephone or through our website, we will send an emailed copy of your purchase order specifying the details of your sale and our buy, or your purchase and our sale, as may be relevant. Failure to receive this email will NOT nullify or otherwise dismiss your transaction with us; you are still committed to paying for your precious metals, or the shipping of your precious metals purchased from us, fully and on time.
All the precautions should be taken such as adjusting your spam filters or updating your address books to establish that you will receive all emails from us, complete with any attachments, in furtherance of your transaction(s) with us and these Terms and Conditions.
Shipment of Bullion
If the event comes that you sell bullion to us: You must promptly ship all agreed items to us within two business of the transaction being finalized. The packages must be received by Gold and Silver Traders on no date later than ten business days after finalizing the relevant transaction date. All shipping responsibility associated with shipping your precious metals TO us is held by you, the seller. We are not responsible for any lost, misrouted, or damaged packages.
If the event comes that you are purchasing bullion from us: Within five business days from when we have received a valid and fully cleared form of payment in full for your order, we will arrange your order for shipment, subject to product availability. It is paramount that you have given us an accurate address and that you will be available to receive your purchase. There may be times when your shipment is delayed due to various reasons such as: limited supply due to an increase in demand for a certain product, and/or lack of supply available to us of the same. We will strive to be transparent on these delays and keep our website up to date on these delays as they may arise and include this information when it comes to emailing your purchase order/confirmation email.
If the case may be that we are incapable to comply with the shipment time, we strive to notify you of the same as soon as we feasibly can. When you receive this notice, you can choose to: (a) Have a new shipment date sent to you by us, which this new date will not surpass thirty days; or (b) request that we buyback your order in accordance with our buyback terms. If we are unable to ship the new order within the estimated time, then after this new shipment’s time has expired, we buyback the product in accordance with our buyback policy, and remit payment for you to the value of: (a) the voluntary liquidation; or (b) your payment for the order, including any of the shipping fees paid by you, whichever is greater.
If the order you placed arrives or is shipped late, we may decide to issue a coupon for the cost of the shipping. All coupons issued shall be issued in a form and subject that corresponds to our terms and conditions as determined by us in our sole discretion.
We hold the right to choose a different method of shipping other than that which you have selected on your order. If the shipping method chosen costs less than what you had chosen for your order, we will issue a coupon for use with us, subject to our terms and conditions. The full value of your shipment will be insured by us to the address that has been provided when your order was placed until signed for and marked as delivered.
Should your shipment be chosen to be re-directed to any other location or be received by another person (front desk, mailroom, drop at a neighbor, building manager, etc.), and/or to defer the requirement of a signature, you agree to accept all risk and liability associated with this order. If an instance were to occur that there was an issue, such as a disruption or delay for more than 48 hours from the scheduled delivery date, promptly notify us. We take the responsibility to seek any claim with the insurance company provided; you comply to take all favorable actions to assist in the shipment’s recovery through the internal, insurance company, police, and courier investigations. Assistance is not limited to filing out reports (including possible police reports) and offering up any information that could assist in the recovery of your shipment. Failure to assist in the support of recovery will void any insurance coverage.
The shipments that have been deemed damaged or lost will have a specific insurance claim filed for them. When the claim is filed, we solely have the discretion to refund the money or have your items re-shipped.
Purchase Order Cancellation Policy
When the sale of bullion has been confirmed, or purchase of bullion is confirmed, you have entered into a binding contractual agreement with us to have all precious metals you agreed to sell shipped to us, or purchase all the precious metals agreed upon, as may be applicable, and you CANNOT CANCEL THE TRANSACTION. If you wish to liquidate your trade, or in the event that you decide to sell us your bullion, if you have not shipped the metals within two business days (noted within the ‘Shipment of Bullion’ above), we can cancel and liquidate the transaction based on the established market purchase price at the time of liquidation. You will be held accountable for, and debited for, any difference in the event of a market price increase. (See ‘Involuntary Liquidation of Your Order ‘for more details.)
At Gold and Silver Traders, one of our core values is to maintain 100% customer satisfaction, which is the reason why we provide an opportunity to return any product that was purchased from us for refund, exchange, or store credit, less any market loss that has occurred thanks to price changes.
If there was an issue with your order or you are not satisfied with it, contact the support team of Gold and Silver Traders (Support@GoldandSilverTraders.com) within two (2) business days of delivery. We will issue a return shipping quote and caution you of any applicable market loss due to price fluctuation which would be deducted from your settlement. After your approval, we will send a return label to you, and once the product is returned to us, we will go forth with issuing a refund, exchange, or store credit as agreed.
All items must retain their original condition and packaging. We hold the right to refuse any return of a product that does meet the standard already placed. All payment charges on the original order will not be refunded. Any market loss accrued, or payment of return shipping and insurance costs will be covered by you. The liability of damages or loss on your returned items falls on you if you choose to ship the package in an alternate method and/or uninsured. Items sent may be refused and returned to the sender if they have not been approved. Refunds through PayPal or to a credit card will have a surcharge of a 4% restocking fee. We maintain the right to issue a refund if there is no exchange available.
In order to have your transaction completed with Gold and Silver Traders, we may request that you present specific personal information, including but not limited to your first and last name, company, email address, telephone number, mailing address, billing address, shipping address, country of residence, credit card type, credit card number, credit card expiration date, and credit card security code. There will be times when we keep a recording of the purchase or sale transaction with us to verify the terms of your purchase or sale; auditing, quality control, or aid in training purposes; complying with present laws and/or laws that may exist in the future; or for any presumed reason related to the business of dealing in bullion. All personal information that has been given to us is stored and processed by us in conformance with our Private Policy.
In the instance that you are selling bullion to us: the payment will be in U.S. dollars. The payment for your sale will be issued to you through the mail and within two business days of our receipt of the items. In the instance that bullion is sold to us in person, delivery must be made within five business days of the transaction, and you will receive payment upon delivery. Our default payment method is via check, mailed to the address provided at the time of entry into a transaction with us. Upon request, the check can be sent to you overnight for an additional $35. A physical address is required for delivery.
In the instance that you purchase bullion from us: payment shall be submitted for the bullion within three business days, and the payment in full shall be received within eight business days, of placing a relevant order by using one or more of the accepted payment methods. The payment must include the full amount that you owe to us and may include but are not limited to, the payment of bullion product(s), shipping and handling charges, and any other transactions, and/or other fees, as may be applicable. If any payment issues or delays are experienced, you are required to inform Gold and Silver Traders customer support immediately to resolve any and all issues and to assure pricing. The failure to notify us of delays might result in the liquidation of the order as established in ‘Involuntary Liquidation of Your Order’. Payment must be in U.S. Dollars. When our receipt of the payment is in full, the bullion product(s) will be held for the clearing time applicable to your method of payment. Upon the verification of your payment and the relevant clearing time has passed, the bullion product(s) will be discharged for shipment to you. Should any payment be found to be unsatisfactory due to insufficient funds, or should we become aware of a returned payment, established by you, we will automatically accrue a $30 dollar charge to your account/amount due and payable as a processing fee and you will be held accountable for the payment of this charge and any other outstanding charges as previously discussed.
We maintain the right to promptly report and prosecute actual and suspected fraud. To this end, we may, at our discretion, require that you provide further authorization such as a confirmation of the transaction over the telephone, and other information. We hold the right to cancel, refuse to ship, delay, or recall any transaction from the shipper if we believe there is fraud. We hold onto specific information during the transaction process, without limitation, that could be used to identify and locate individuals committing fraud. If a transaction is suspected to be fraudulent, we reserve the right to, but have no obligation to: (a) submit all, with or without a subpoena, to all law enforcement agencies and to any related credit card company for fraud investigation and/or (b) comply with related authorities to fully prosecute offender of the law.
Right to Inspect and Reject
If you sell bullion to us, we will inspect each package as they arrive, and we reserve the right to reject, or to modify or liquidate the relevant transaction with respect to, any overdue or faulty package, any package with items contained that were not as represented, damaged, worn in excess of industry standards, or any package sent that does not comply with these Term and Conditions. Packages that are sent to us by you must be postmarked within two business days and must reach us no later than ten business days, after the date of the transaction you have entered with us.
Any damaged packages that were shipped to us will be refused and returned back to you. If we have sent a package back to you, you need to immediately contact us to arrange a reshipment of the bullion, or for a liquidation of the transaction. The result of failure to contact us will be the involuntary liquidation on the eleventh business day following the date you placed the relevant transaction.
If there is any discrepancy discovered upon inspection of the package shipped by you, we will contact you immediately and use every effort to resolve the issue in a timely manner. Non-Standard precious metals are subject to any assay of pureness. Fees associated with this testing are your responsibility of you. The fees corresponding with a transaction of this type may be subtracted from the total agreed-upon payment due to you under the corresponding purchase order.
Packaging of Bullion for Shipment by You
In the instance that you are selling bullion to us, all metal shipped must be consistent with our Packaging Guidelines (these are components of the shipping instructions and shipping label information that we provide to assist in the shipment of bullion to us). Your package should be fully insured by you for the delivery, and a detailed packing slip shall also be provided with at least an itemized description of the contents of the shipment, your name, your full mailing address, and your telephone number.
In the instance that you purchase bullion from us, you recognize that the customs office of the designated country may require additional information or documentation from international customers, and may apply import duties, taxes, or custom fees as well as any other charges that are in accordance with that country’s corresponding tax law. A customs broker may need to be hired for import in some countries, this is the responsibility of the importer (you) to hire. You also accept that any surcharges accrued will be your own responsibility and not ours. For more information on this, we encourage you to contact your local tax authority regarding if there are surcharges that may be forced to obtain upon taking delivery of the bullion.
In the instance that you have purchased bullion from us and paid in full for your bullion order, before or after we have shipped it to you, you may choose to sell back your bullion order back to us at the market rate associated with buybacks at the time. CONTACT US for consultation and/or facilitation on the buyback of your paid bullion order. Our Terms and Conditions still apply to our purchase of your bullion products, and our Terms and Conditions may be amended from time to time at our discretion.
Involuntary Liquidation of Your Order
In the instance of a bullion sale to us: as expected earlier in these Terms and Conditions, if there is a failure to deliver the bullion that you have agreed to sell to us in full and on time, involuntary cancelation and liquidation of your bullion sale shall occur on the 11th business day after your transaction date. A purchase has been completed when a receipt of bullion is issued by us (in reference to bullion purchased by us), or when the arrival of funds from you is cleared, to our standards, and in our bank (in reference to bullion sale by us).
In such instance, there will be a charge on your credit card for the value of the sale, an amount which depends on any market losses accrued between the transaction date and when non-payment or liquidation occurs. Market loss or gain is determined from the difference between the original purchase price, and the closing price from the bullion London Fix on the 11th business day following the transaction date.
If there has been an upward change in the bullion market since your order was placed, you will be charged the following:
A $55.00 cancellation fee; in addition to the market difference on your order computed at the closing price for the bullion on the London Metals Market Fixing on the 11th business day after you had placed your order.
If there has been a downward change in the bullion market since your order was placed, you will be charged the following:
A $55.00 cancellation fee; and there will be no benefit from any difference in the market price.
In the instance that you purchase bullion from us: Failure to pay for your bullion order as in accordance with our Terms and Conditions, we still hold the right to liquidate your order for the market value at the time of liquidation, at our sole discretion. We have no commitment to take any action or to refrain from acting, in a way to or in an endeavor to maximize market value for the order and we take no responsibility for the same. The responsibility for the full value of the order that was agreed to at the time of purchase falls upon you to pay in full. This responsibility includes, but is not limited to, your responsibility to pay market differences in value in the instance that the market value of the unpaid order is less than what you agreed to pay when your order was placed. Your credit card information that you provided to us will be used to charge you for any of the outstanding amounts owing to us in correspondence to the terms relevant in ‘Involuntary Liquidation of Your Order’. If the market value of the unpaid order is more than what you had promised to pay for such an order, any gains remain the property of Gold and Silver Traders.
In the instance that you have placed more than one order with us or paid in full one or more order(s) but have failed to pay for one or more outstanding order(s) in corresponding with these Terms and Conditions, any shipment of paid in full order(s) may be held at our discretion until we receive payment in full for other outstanding orders placed by you in correspondence with our Terms and Conditions. At our own discretion, we may choose to apply any of the money we received for your paid order(s) and/or bullion product(s) that make up your paid order(s) against any payment(s) owed to us on account of your paid order(s). If there is still any amount due after we have taken this action, we may choose, at our discretion, to involuntarily liquidate any of the remaining bullion product(s) in a quantity that is required by us, in a reasonable way, in order to assure that we are paid fully for all orders placed by you and applicable market loss.
The determination of any loss or gain of value on all or part of your order for the purposes of this section is to be determined by the difference in the price you agreed to pay on your bullion product(s) when you ordered, and the market value as determined by us at the time of the liquidation.
If you wish to reinstate the order(s) that had been involuntary liquidation has occurred, contact Gold and Silver Traders customer support. Your reorder(s) will be priced at the original pricing, or the current pricing, whatever pricing is higher at the time of reinstatement. The reinstatement of an order(s) will waive the applicable market loss that remains outstanding. For this to be firmly applied, we require that you provide valid credit card details for this service if we had not already received them. The reinstated order(s) are then subject to these same Terms and Conditions. Orders may be denied for reinstation at our sole discretion, for any or no reason.
Reservations of Right
Gold and Silver Traders hold all the rights openly expressed in these Terms of Purchase and in addition we expressly reserve the following rights:
Right to Refuse Service to Anyone
Gold and Silver Traders reserves the right to refuse sale and/or purchase to anyone, for any reason, at our sole discretion.
Right to Correct Erroneous Orders
Gold and Silver Traders maintains the right to correct any purchase or sale for discernible errors or computer-related problems, whether it was our fault or otherwise. We will do our best, in good faith, to keep you notified of any corrections that correlate to your order as fast as possible.
Right to Cancel Any Pending Transaction
We maintain the right to have any pending transaction cancelled at any time for any reason. If this right is used, your bullion purchase from us or your bullion sale to us will be canceled, we will notify you of the cancellation. In the instance that you have sold bullion to us, we will return any bullion or offer a current cash equivalent for the items that you may have delivered, less for any costs and fees that are associated with canceling your order. In accordance to this, you are agree to immediately return and refund any of the money we may have paid. In the instance that you have purchased bullion from us, we will refund to you all money that you have already paid us for such an order, less for any costs and fees that are associated with canceling your order, where they may arise.
Right to Require Payment by Wire Transfer
In an instance that you purchase bullion from us, we do reserve the right to require payment via bank wire transfer.
Right to Withhold Shipment for Unpaid Multiple Orders / Right of Offset
In the instance that you have placed multiple sell or purchase orders with us and have not fulfilled those orders according to these Terms and Conditions, we maintain the right to withhold any shipment or payment of any orders that have been paid or delivered by you. We hold these until the unfulfilled orders have reached our satisfaction, including the Right of Offset.
The ‘Right of Offset’, as they are used in these Terms and Conditions, will mean that we maintain the right to apply any proceeds of any orders and/or products that have been paid in full against any of the unfilled order proceeds and products. If there remains a net balance owed to us, we may thereafter involuntarily liquidate any remaining net balance owed as provided herein. If there remains a net balance for shipment or payment, we will ship the remaining portion of the order or send payment as provided herein.
Right to Withhold Payment for Outstanding Documents and Identification
We hold onto the right to refuse payment of funds due to you, or to have an order involuntarily liquidated, rescind or cancel any transaction, should any requested documents remain outstanding at the time of a relevant transaction or when requested by us.
Right to Accept or Reject Any Late or Defective Payment
In the instance that you have purchased bullion from us, we maintain the right to: (a) obtain any late or deficient payment(s), including liquidation payment(s); and/or (b) deny any late or deficient payment(s), including liquidation payment(s), at any point in our sole and absolute discretion.
Right to Hold Payment
In the instance that you have purchased bullion from us, we maintain the right to hold any of the payment(s) received by us from you until it is verified and cleared and/or you have submitted valid credit card information. We would like to notify you that this is done with the sole interest of fraud prevention, and all outstanding holds are quickly removed upon the completion of the above conditions.
Computation of Time
The first day for computing a period of time will begin the first day following the placement of the respective transaction except otherwise has been stated in this these Terms and Conditions. If there is an instance of the last day of time falling on a weekend or federal holiday, or when the London Metals Market Fixing is closed, we shall extend the last day to the first day that is not one of the example days above.
Spot Alert Pricing Service
The spot prices we use are updated every 60 seconds, throughout the day, to reflect live global markets. Due to this, if you have chosen to receive our pricing alerts, an alert could trigger at any time day or night. This is a service that is provided to you for information value only and does not act as a lock of the spot price for buying or selling, nor is it a recommendation for any action of this kind. This is not a substitute for monitoring the market at your own discretion as we can’t ensure the accuracy or completeness of the information. You are acknowledging that you are accountable for all monitoring, for all investments, and all decisions based thereon, and we are NOT accountable for any market gain or loss that might have occurred from the pricing alert service.
We would express that the pricing alert service is prone to delays and to failures that are not in our control. We can not validate that this service will be in continuous operation or will not be subject to some malfunction. SMS or phone messages rates from your carrier may apply in the instance that you receive such alerts.
Best Price Guarantee
We will be able to “price match” reputable competitor’s advertised all-in price on any of the products we sell. All-in pricing refers to a competitor’s full price, including shipping and insurance charges added to their listed price. Should their price remain lower than ours, we will match their price exactly. We offer this service in an attempt to be your one-stop-shop for precious metals investing, whether you are buying or selling. This is only valid with making a purchase of bullion placed via telephone.
We maintain the right to suspend “price matching” whenever there is extreme market volatility and/or supply disruption at our own discretion at any time. This is done to minimize risk during times of high market volatility. Whenever the markets have resumed normal trading activity, we resume this guarantee.
On occasion, for customer reward or promotional purposes, we may have coupon codes available for a limited time for use on orders placed with said coupon on applicable items. The coupon’s validity only remains if it is used before or on the expiration date or if a quantity threshold is not exceeded, unless stated otherwise. We maintain the right to have new or existing coupons to be activated or deactivated, from time to time, as we choose in our sole discretion. If there is an instance of concern on a specific coupon, you can call our toll-free number to speak to our customer support team.
Governing Law and Resolution of Disputes
These Terms and Conditions, and any dispute that might arise, shall be governed by and construed pursuant to the state laws of Texas and the federal laws of the United States applicable therein.
By entering a purchase or sale with us, you waive your right to a trial by jury in any proceeding or litigation brought against Gold and Silver Traders with respects to the Terms and Conditions. Notwithstanding the foregoing, Gold and Silver Traders has the right to seek injunctive or other equitable relief in any federal, state, or provincial court as may be deemed necessary in order to enforce these Terms and Conditions or prevent an infringement of a third party’s rights. In the event equitable relief is sought, you hereby irrevocably submit to the personal jurisdiction of such court and waive all objections to the jurisdiction.
WHEN ENTERING INTO THESE TERMS AND CONDITIONS, YOU ARE HEREBY PERMANENTLY WAIVING ANY RIGHT YOU HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ALL CLAIMS THAT ARE ASSOCIATED WITH THESE TERMS AND CONDITIONS MUST BE FILED AND ASSESSED INDIVIDUALLY.
You also continue to acknowledge and confirm that, regardless of any statute to the contrary, any claim or cause of action that may have arisen out of, in relation to, or be connected with any transaction contemplated hereunder must be filed within a calendar year after the claim or cause of action arises or be barred forever.
Limitation of Liability
Our extend of liability for any bullion purchased or sold will not exceed the purchase price that was established and agreed upon for purchase of your bullion, or the sales price at which we established and agreed upon, as may be applicable. WE WILL NOT BE LIABLE FOR INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE WILL ALSO NOT BE LIABLE FOR ANY FAILURES OR DELAYS IN TRANSMISSION, PAYMENT DELIVERIES, RECEIPT OR EXECUTION OF ORDERS, OR INFORMATION DUE TO THE FAILURE OR INCAPACITY OF COMMUNICATIONS EQUIPMENT OR FACILITIES OR COMPUTER, OR ANY OTHER REASON THAT MAY OCCUR THAT IS OUTSIDE OF OUR CONTROL.
There are some jurisdictions that do not allow the limitation or exclusion of damages. If the jurisdiction you belong to does not allow for the limitation or exclusion of damages, you should seek legal counsel to understand your legal rights under applicable law.
You agree to defend, indemnify and hold harmless Gold and Silver Traders, and its employees, affiliates, parents, officers, subsidiaries, directors, agents, licensors, shareholders, and members, from any and all claims, liabilities losses, damages, expenses, damages, actions, or demands, including without limitation any reasonable attorneys’ fees, made by any third party directly or indirectly relating to or arising out of: (a) information or content you send or obtain through the transactions, services, and/or products contemplated in these Terms and Conditions, (b) your purchase, use, and/or sale of the products and/or services contemplated in these Terms and Conditions, (c) a violations of these Terms and Conditions, (d) a violation of any rights of another, (e) a breach of any representation or warranty made by you to Gold and Silver Traders, or (g) any failure to perform your obligations pursuant to these Terms and Conditions. If you are compelled to provide indemnification pursuant to this provision, Gold and Silvers Traders may, in our sole and absolute discretion, control the disposition of any claim at your sole expense and cost. Without limitation of the foregoing, you cannot settle, settle, compromise or in any other manner dispose of any claim without Gold and Silver Traders consent.
Any stoppage, prevention, or delay in our performance of any term in our Terms of Purchase or Sale due to acts of God, lockouts, strikes, labor disputes, inability to obtain labor or materials or substitutes of the relatable value thereof, governmental restrictions, controls or regulations, a suspension by commodity exchanges in the trading of gold, silver, platinum or palladium futures contracts or the delivery of these commodities underlying such contracts, or the delay or failure of vendors, hostile or enemy governmental action, riot, fire or other causality, pandemic, and other causes beyond our control, shall excuse our performance and extend our performance of our duties and responsibilities hereunder, for an equal time period to such prevention, delay, or stoppage. GOLD AND SILVER TRADERS SHALL NOT HAVE ANY LIABILITY TO YOU, WHETHER IN WARRANTY, TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER FORM OF LIABILITY, FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
Costs / Attorney Fees
If there is a need for us to retain an attorney to enforce our rights hereunder, we will be entitled to recover all reasonable expenses, costs, and attorney fees in the event that we prevail against such action.
Disclaimer of Warranties
Any investment, even ones involving coins and bullion, carries some degree of risk and is affected by numerous economic factors, all of which are beyond our control. Responsibility for such risk, including, without limitation, the inability to liquidate bullion products at an acceptable price and market volatility. You represent and warrant to Gold and Silver Traders that you have an adequate understanding and knowledge to make an informed financial decision and that Gold and Silver Traders is not influencing you in regards to bullion purchases and/or sales.
GOLD AND SILVER TRADERS DOES NOT MAKE WARRANTIES WITH RESPECT TO BULLION PURCHASES AND SALES OTHER THAN EXPRESS WARRANTIES CONTAINED IN THESE TERMS AND CONDITIONS, AND HEREBY REFUSE TO ACKNOWLEDGE ANY AND ALL IMPLIED WARRANTIES OF EVERY KIND AND NATURE, SUCH AS, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY OF MERCHANTABILITY.
GOLD AND SILVER TRADERS IS A RETAIL PROVIDER, AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF, IN RELATION TO ITS WEBSITE, AND RESERVES THE RIGHT TO CANCEL THE WEBSITE AT ANY TIME. GOLD AND SILVER TRADERS’ WEBSITE MAY CONTAIN FORWARD LOOKING STATEMENTS THAT REFLECT GOLD AND SILVER TRADERS’ CURRENT EXPECTATIONS REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT, AND THAT INVOLVE RISKS AND UNCERTAINTIES. YOU ACKNOWLEDGE AND AGREE THAT ACTUAL DEVELOPMENTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, MOST, IF NOT ALL OF WHICH, ARE OUTSIDE OF GOLD AND SILVER TRADERS’ CONTROL, AND THAT IT IS ADVISABLE TO CONSULT WITH YOUR INVESTMENT AND FINANCIAL ADVISOR PRIOR TO PURCHASING OR SELLING BULLION.
Disclaimer of implied warranties is not allowed in some jurisdictions. In these jurisdictions, these disclaimers above may not apply to you insofar as they relate to implied warranties.
There may be instances we assign or transfer any of our duties, rights, or responsibilities under these Terms and Conditions, or any interest therein, without notice to you. You are forbidden from assigning or transferring any of your duties, rights, and/or responsibilities hereunder without prior written consent from us (which is subject to being withheld by us in our sole and absolute discretion), and in such event, you will not be relieved of any of the liabilities stated in these Terms and Conditions as a result of such assignment of transfer.
All the provisions that are listed in these Terms and Conditions shall be binding upon and ensure the prosperity of each of us, and our respective personal representatives, successors, heirs and assigns, subject at all times to all provisions and restrictions elsewhere in these Terms of Purchase and Terms of Sale. Unless it was stated expressly herein, nothing in these Terms and Conditions is intended to confer on any person, other than us and our respective personal representatives, successors, heirs and assigns, any rights or remedies under or by reason of these Terms and Conditions.
Any provision in these Terms and Conditions, or the applicability of any such provision to a specific situation, could be held invalid or unenforceable by a court or adjudication body of competent jurisdiction, the provision will be modified to the minimum extent necessary to preserve the original intent and spirit of these Terms and Conditions, and to ensure that it or its application is valid and enforceable, and the validity and enforceability of all of the other provisions of these Terms and Conditions and all other applications of any such provision shall not be affected thereby.
Time of Essence
Time is of the essence with respect to these Terms and Conditions.
Statute of Limitations
Any issue that may arise that is in relation to an order or account must be brought forward to us within five (5) days from the shipment date. This includes, but is not limited to: late delivery, damaged product or shipment, incorrect or missing items, credit, or coupons for late or combined shipments.
Modification of Terms
WE MAINTAIN THE RIGHT TO MAKE ANY CHANGES TO THESE TERMS AND CONDITIONS AT ANY TIME, AND YOU AGREE THAT WE MAY ADJUST THESE TERMS AT ANY TIME. YOU AGREE FURTHERMORE THAT WE MAY MAKE ADJUSTMENTS TO OUR WEBSITE AND BULLION SALE OR PURCHASE PROCESS AT ANY TIME IN OUR SOLE DISCRETION, FOR ANY REASON OR NO REASON AND WITHOUT PRIOR NOTICE TO YOU. YOU AGREE THAT IF YOU CONTINUE TO SELL OR PURCHASE BULLION FROM US, OR USE OUR WEBSITE, AFTER WE HAVE ADJUSTED THESE TERMS AND CONDITIONS, THEN YOU ARE AFFILIATED WITH THE MOST RECENT VERSION OF THESE TERMS AND CONDITIONS. ADDITIONAL TERMS, INCLUDING WITHOUT LIMITATION WITH RESPECT TO PAYMENTS METHODS, PRICING, EXCHANGE POLICIES, AND REFUND AND CANCELLATION POLICIES, MAY BE POSTED FROM TIME TO TIME ON OUR WEBSITE; WHERE SO POSTED, SUCH TERMS AND/OR POLICIES FORM PART OF THESE TERMS AND CONDITIONS.