Adams Bullion Terms of Trade

PLACING ORDERS

1. Adams Bullion Pty Ltd (Australian Company Number: 668 229 301), trading as Adams Bullion will accept orders from a customer for bullion via the internet. For orders over $500,000 an Adams Bullion representative will also call to confirm prices and payment. 

2. Adams Bullion will accept orders from a customer for bullion via the phone or in person. 

3. By placing an order with Adams Bullion you are taken to have accepted the Terms of Trade as set out hereafter.
    
4. For Internet and Telephone Orders: The order will be made upon you receiving an invoice from Adams Bullion. For orders over $15,000 a deposit of 2.5% of the total purchase amount may be required within one hour of order confirmation.

MAKING PAYMENT

5. The customer agrees to pay the balance of the purchase price, initiating payment the same day as the order is placed and the customer receives an invoice, prior to banking cut-offs, and ensuring cleared funds are received by the following business day, by one of the following methods:
    
   1. Cash payment into Adams Bullion bank account or in person at our premises;
   2. F.T payment – Please be aware of your transfer limits. If you are unsure contact your bank prior to placing the order. If you make a purchase over your daily transfer limit, your deposit will be forfeited unless you can make other arrangements with your bank to meet the cleared funds timing limits set out above;
   3. BPay;
   4. Bank cheque paid into our bank account (Bullion will be released only upon the cheque clearing into our bank account); 
   5. Personal cheque paid into our bank account (Bullion will be released only upon the cheque clearing into our bank account). Should a personal cheque be dishonoured at any time, the deposit will be forfeited;
   6. EFTPOS Payment:
   1. Credit card in person at our premise.  This service incurs a 1.5% surcharge on the total amount of the payment.
   2. Debit card in person at our premise.  This service incurs a 1.0% surcharge on the total amount of the payment.

6. Adams Bullion banking requirements are as follows:
   

    

   1. The customer agrees to quote, as part of the bank deposit, the invoice number provided by Adams Bullion. This requirement is necessary to identify the customers payment.

FINANCIAL TRANSACTIONS

7. The currency for all transactions will be in Australian Dollars (AUD). Adams Bullion reserves the right to refuse any orders at its own discretion without giving reason. Should a transaction be detected as a fraud at a later date, Adams Bullion reserves the right to commence legal action.

CUSTOMER IDENTIFICATION REQUIREMENTS

8. Adams Bullion is a reporting entity under the AML/CTF Act through AUSTRAC.  This requires us to maintain an AML/CTF Program and the need to properly identify our customers in accordance with the Act.  If this is not collected (per below) in person at our office we may ask for your name, address and date of birth and verify your ID through external organisations using GreenID (by VIX Verify) and the government's Document Verification Service (DVS).  Those external organisations may include government departments, credit reporting agencies, and other independent or private sector organisations holding relevant databases.  If you do not wish your Identity to be verified by such means and you are transacting over $5000 in value, you may attend our office to be identified.
9. By accepting these terms of trade you give consent for Adams Bullion to disclose your name, residential address and date of birth to a credit reporting agency and ask the credit reporting agency to provide an assessment of whether the personal information so provided matches (in whole or in part) personal information contained in a credit information file in the possession or control of the credit reporting agency to assist in verifying your identity for the purposes of the Anti-Money Laundering and Counter-Terrorism Act 2006. The credit reporting agency may prepare and provide Ainslie Bullion with such an assessment and may use your personal information including the names, residential addresses and dates of birth contained in credit information files of you and other individuals for the purposes of preparing such an assessment. If you disagree with having your identity verified by a credit reporting agency, please select another data source or contact Adams Bullion so that we can discuss other options with you.

DELIVERY AND HELD FOR COLLECTION REQUIREMENTS

10. A customer who collects their bullion must provide photographic identification documents prior to taking delivery of bullion.  A customer who has their bullion delivered, and the bullion is valued at $5,000.00 or more, must have their identity verified either online ("ID Verification" in our website footer) or by phone prior to the bullion being dispatched. 
11. Photographic identification documents mean a Passport (Australian or International and either current passport or passport which has expired within the preceding 2 years) or Australian or foreign Driver Licence or Proof of Age Card with photograph issued by your State or Territory or photographic identification card issued to a public employee or photographic identification card issued to a student at a tertiary education institution.
12. However, if photographic identification is not available, then both of the following documents are required:

1. Birth certificate, or Citizenship Certificate or Pension Card issued by Centrelink; and
2. Council rate notices or telephone account document or utilities account document or a notice issued by the Australian Taxation Office within the preceding twelve months, or notice issues by the Commonwealth, a State or Territory containing the name and residential address of the person and issued within the preceding 12 months.

COMPANIES, TRUSTS, SUPER FUNDS

13. For Business and Trust entities, each director, trustee or authorised representative must have their identity verified per above AND the following documents are required:

1. Copy of Business/Company Statement;
2. Authority to act as the authorised person for the Business/Company on the letterhead;
3. For Trusts and SMSF's: the title page and execution page of the Trust Deed.

DOCUMENT REQUIREMENTS

14. Adams Bullion either need to sight the original identification document or receive a copy of the document. All documents must be in English or if in a foreign language, accompanied by an English translation prepared by an accredited translator. Documents may be mailed or scanned and emailed to Adams Bullion. Faxed copies will not be accepted.

15. Bullion will only be dispatched upon all identification documents being in Adams Bullion possession. If the customer cannot satisfy the identification document requirements, any monies paid will be forfeited, at Adams Bullion discretion.

EXCHANGE/MONEY-BACK POLICY/CHANGES

16. Adams Bullion guarantees the quality and specification of all bullion products it sells. Adams Bullion will provide a full refund of the purchase price should the bullion not be genuine.  Bullion delivered may vary in appearance from that depicted in the web shop as variations of the specified bullion product exist due to different manufacturers, the age of the product, changes to packaging and level of finish achieved by the manufacturer. The item may therefore not be an exact replica of that depicted in the web shop image but will meet the specifications of the description.  Such variations will not affect the buyback price with Adams Bullion.

17. If the customer receives an incorrect item from Adams Bullion, Adams Bullion will either refund the purchase price in full or exchange the item, at the customer’s choice provided the following steps are followed:

1. The customer has a period of 24 hours from delivery of the items (according to the tracking information) to inspect the items to ensure that they conform to the quantity and description as listed in the Invoice. Should an item not conform, the customer shall, within the 24 hour period, provide written notice to Adams Bullion of the nonconformity.  Such notice shall include full particulars of the non conformity;
2. Adams Bullion will provide the customer with packing and shipping instructions.  Adams Bullion are not responsible should the item get lost during shipment back to Adams Bullion. The customer will insure the item in transit to Adams Bullion. The customer will ensure that the item is adequately packaged so that it is not damaged during return transit.
3. Adams Bullion will not ship any exchanged item to the customer until the item and its purchase receipt are in Adams Bullion possession. Adams Bullion will NOT accept any returns or exchanges for the following reasons:

1. You have changed your mind;
2. You are having financial problems;
3. You have found a different item which you prefer;
4. You have found the same item at a lower price elsewhere;
5. You did not read your Terms of Trade and exchange/money back policy and did not know you could not return your purchase;
6. When in doubt, the customer should contact Adams Bullion via email or phone to discuss any potential purchase order; or
7. An order is final, but late changes may be possible at the discretion of Adams Bullion. An Order Amendment fee of $95 may be charged at the discretion of Adams Bullion.

SHIPPING AND PICKUP INFORMATION

18. Adams Bullion will advise the customer when an order is available for collection or for delivery. The cost of shipping including insurance will be automatically calculated during check-out for website orders and advised to the customer as part of the phone order process.

19. The order will be shipped once full payment has been received and funds are clear.

20. Adams Bullion will supply to the customer by email tracking information to track the parcel.  The customer is responsible for tracking the parcel until delivered.  Should a parcel not be delivered in accordance with the tracking information, the customer shall notify Adams Bullion of the non-delivery within 24 hours of the parcel not being delivered. Such notice will be in writing and include full particulars of the non-delivery.

21. The order will not be delivered where the address supplied is incorrect, illegible, incomplete or if the client is away or has moved. Adams Bullion is not liable under any circumstances if you have authorised someone else to collect the order on your behalf or someone else collects it without your authorisation or using fake identity or the address is a non-residential address and is signed by a third party.

22. Each purchase order is insured for delivery for up to $20,000 per package using unsecured couriers, and a total of $100,000 value per day. For example, if a purchase order is $20,001 it will be shipped in two separate packages as each package is insured only up to $20,000. Higher value gold purchases may be sent using secured couriers. If applicable, Adams Bullion will obtain a quote for the shipping and advise the customer prior to arranging delivery of the order.

23. Adams Bullion may change the shipping method, if the address is considered high risk, and the customer may be charged an additional shipping fee to ensure safe delivery.

24. Delivery to Melbourne Vault (MV) is provided by Adams Bullion at no charge.  Adams Bullion will deliver your order to MV, whose representative will receipt it together with an Adams Bullion representative.  It will be held insured in a secure area until the customer takes possession of it and places it in their storage unit (or MV will do so for MV Custodial Clients) within 2 weeks of delivery.  Adams Bullion will notify the customer by email on delivery to MV.

25. Adams Bullion will advise the customer when the order is available for pickup from Adams Bullion’s store. The bullion will be held for up to 30 days from the date of purchase without charge. Holding charges will apply if the order is not picked up within 30 days. Adams Bullion will not be liable for bullion not picked up after 90 days.

DELIVERY PERIOD FOR BULLION

26. Orders are shipped within five (5) Business days of clear funds being received into Adams Bullion Bank Account. Larger orders may take up to ten (10) days. Adams Bullion will make every effort to dispatch all orders quickly but will not be liable for any claims associated with late deliveries.

SUPPLY INTERRUPTED

27. If Adams Bullion is directly or indirectly prevented from making supply or otherwise performing an obligation, by reason of events beyond its reasonable control (including any force majeure event including restricted availability of input products of required quality, act of God, fire, earthquake, flood, lightning strikes, natural disaster, mechanical or electrical failure, industrial action or dispute, lockout, epidemic, war or act of war (whether declared or not), terrorism, revolution, malicious damage, sabotage, civil unrest or disturbance or action or inaction of any foreign or domestic government or third party, its obligations are suspended while it is prevented from doing so. Adams Bullion will use all reasonable endeavours to terminate the event giving rise to delay but that will not include the settling of an industrial dispute on disadvantageous terms. Upon termination of the event Adams Bullion must resume the performance of its obligations under this contract at the earliest date reasonable possible.

28. Adams Bullion will not be responsible for any loss or damage incurred by you where we do not receive your instructions or where any dealing or proposed dealing is interrupted, unable to be completed or unable to take place due to the failure of any telephone, computer, other electronic or technological device.

GOOD SERVICES TAX

29. In this clause the following definitions apply:

1. GST has the same meaning as in the GST Act.
2. GST Act means the A New Tax System (Goods and Services Tax) Act 1999.
3. Taxable Supply has the same meaning as in the GST Act.
4. Tax Invoice has the same meaning as in the GST Act.

30. The consideration payable by the client has been fixed without regard to the impact of GST.

31. If GST is or becomes payable on a Taxable Supply made under or in connection with this document, the party providing consideration for that Taxable Supply (recipient) must pay an additional amount equal to the GST Payable on the Taxable Supply.

32. The additional amount payable must be paid at the same time as the consideration for the Taxable supply or on the date on which the party making the supply delivers a Tax Invoice (whichever is later).

33. The customer must notify Adams Bullion promptly and in writing of any change to your name, address, email or any other contact details. If notification is by email, the email must be sent from the current email address registered on the account.

PRIVACY POLICY

34. Adams Bullion is committed to protecting your personal information. Please refer to our separate Privacy Policy document.

WEBSITE SECURITY POLICY

35. Adams Bullion uses the highest level of security reasonably available to us. All information you provide during the ordering process is encrypted for your protection. The Adams Bullion site has security measures in place to prevent the loss, misuse and alteration of the information under our control.  Your information is also protected by Adams Bullion's Privacy Policy. All information received from you is treated in strict confidence.
    
    In the event of Incorrect Data being downloaded to the website, any purchases made under these circumstances may result in orders being cancelled and deposit returned.

SPAM ACT 2003

36. Adams Bullion complies with the Australian Governments Spam Act 2003 and the guidelines for business in relation to the contents of commercial electronic messages. Adams Bullion only send e-mail advertising with each addressee's consent, includes its address and contact and contact details in every e-mail promotion and ensures the inclusion of a functional unsubscribe facility.

INFORMATION AND LINKS TO OTHER WEBSITES

37. The Adams Bullion website may contain information, articles or links to or from third party websites. These articles and linked websites are not under the control of Adams Bullion and Adams Bullion is not responsible for the content of any linked website or any hyperlinked website, or article or information sourced from a website. The information contained on the website is given in good faith but no representation or warranty, express or implied, is made that such information is accurate or complete and it should not be relied upon as such. Adams Bullion provides these articles and hyperlinks for your convenience only and the inclusion of any article or link does not imply any endorsement of the article or linked website by Adams Bullion. Any article or link provided to any such website is used entirely at your own risk.

REPRESENTATION DISCLAIMER

38. The Adams Bullion website may contain information, articles or links to third party websites. The information contained on our website is provided in good faith but no representation or warranty of any nature is made as to the completeness or accuracy of such information.

FINANCIAL DISCLAIMER

39. Purchasing precious metals involves risk.  Adams Bullion does not accept any liability for any investment decisions made on the basis of the information on our website or gleaned from discussions with its staff. Adams Bullion and its staff do not give investment advice and no conversation should be construed as such. The content within the website is strictly informational, to be used as a source to better your knowledge and judgment before seeking professional advice. Under no circumstances should you assume, take for granted or guess that this content is anything other than informational data. All investments involve different degrees of risk and you should be aware of your risk tolerance level and your financial situation at all times. The Adams Bullion website does not constitute financial advice and should not be taken as such. Adams Bullion urges you to obtain professional advice before proceeding with any precious metal investment decision.

LEGAL ADVICE

40. Adams Bullion and its staff do not give legal advice. Adams Bullion urges you to obtain professional legal and financial advice before proceeding with any precious metal decision.

MISCELLANEOUS

41. Adams Bullion reserves the right to make any changes to its website (including Bullion prices) at any time without prior notice. This contract will be construed in accordance with the laws in force in Victoria and the parties submit to the jurisdiction of the Courts of Victoria.

CUSTOMER SERVICE POLICY

42. Adams Bullion is committed to providing exceptional customer service and quality products. We endeavour to make sure that all products listed on our website are currently in stock (or a clear note describing the delay if bought by Adams Bullion but not yet available for immediate delivery) and pricing is true and correct. Standard delivery time frames are between 3-10 business days; in the event that an ordered item is not available or we are unable to fulfill your order we will notify you within 2 business days to arrange an agreeable alternative item, a backorder or a full refund.

SECURITY POLICY

43. When purchasing from Adams Bullion your financial details are passed through a secure server using the latest 128‑bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard.
    
    If you have any questions regarding our security policy, please contact our customer support centre - info@adamsbullion.com.au.

GENERAL

44. Adams Bullion reserves the right to make any changes to its website (including Bullion prices) at any time without prior notice.

45. If there are two or more customers:

• you will be treated as owning the metal, and receiving the services, jointly.  If any of you die, the Property will be treated as the Property of the survivor or survivors jointly; and
• you will be jointly and severally liable to Adams Bullion under this Agreement.

46. You may not assign any of your rights under this Agreement.  We may assign our rights under this Agreement at any time without notice to you.

47. This Agreement is governed by the laws of state in which the transactions were made (i.e., Victoria).

48. No failure or delay by us in enforcing this Agreement shall amount to a waiver of any of our rights.