Thank you for considering Brisbane Bullion.
We understand you have a choice when it comes to precious metals and trust you will enjoy our lower prices, bigger range and better service.
Should you require clarification or additional information please contact our support team on 1300 BULLION or +61 7 3184 8200.
You will also have the opportunity to review this Agreement during initial registration and before you confirm an order with Brisbane Bullion. The definitions of terms and phrases as well as general rules for interpreting this Agreement are contained at the end of this Agreement.
1.1 This Agreement contains the terms of service that governs the relationship of Bullionmark Pty Ltd ACN 124 755 308 and its trading entity Brisbane Bullion (Brisbane Bullion) and the person or entity using Brisbane Bullion’s services (you).
1.2 By using the Website or any other Services provided by Brisbane Bullion, including making purchases from Brisbane Bullion, making sales to Brisbane Bullion, placing orders with Brisbane Bullion, reading articles from Brisbane Bullion, watching videos from Brisbane Bullion, viewing pricing data or charts from Brisbane Bullion, you are agreeing to the terms and conditions set out in this Agreement. Before you may place orders to purchase and/or to sell with Brisbane Bullion you must read and accept all of the terms in the Agreement.
2. Warranties and acknowledgements
2.1 You represent and warrant to Brisbane Bullion that:
(a) you have sufficient experience and knowledge to make informed decisions to purchase bullion from and/or sell bullion to Brisbane Bullion;
(b) if you are not an expert in investing in bullion then you have obtained independent professional advice in relation to the risks associated with investing in bullion
(c) you are making all of your own decisions in connection with the Services, purchases and/or sales and that Brisbane Bullion is not making any recommendation with respect to such Services, purchases and/or such sales.
2.2 You acknowledge that:
(a) investment in precious metals provides no guarantee of interest or yield. Our staff are precious metal experts not financial advisors. Brisbane Bullion does not give any advice or make any representation as to the investment value of its products or their suitability for individual clients;
(b) information provided on Brisbane Bullion’s website may be sourced from a third party and is provided for general information and educational purposes only and will not have taken your particular situation or needs into consideration. Any blogs, videos, charts, tables, data, articles, RRS feeds, email, or any other communication provided by Brisbane Bullion will not have considered your particular needs or financial situation. Brisbane Bullion recommends you seek professional advice before making precious metal investments;
(c) under certain market or other conditions (such as technological or other disruptions), you may not be able to sell bullion to Brisbane Bullion or sell such bullion at prices acceptable to you; and
(d) when you call for the delivery of bullion that is stored by Brisbane Bullion in Unallocated Storage or otherwise, there may be a delay in delivering the bullion to you caused by a number of factors, including the requirement for the bullion to be barred and delivered, and you acknowledge that Brisbane Bullion is not liable for any loss caused to you by any such delay.
2.3 You acknowledge that any purchase or sale of Bullion using the Bullion Trading Services is subject to a variety of risks, some of which are beyond the control of Brisbane Bullion, and you expressly acknowledge that Brisbane Bullion is not liable or responsible for those risks, for which you have sole responsibility. The risks associated with purchase/sale of Bullion include:
(a) risks associated with the price volatility of the bullion, particularly precious metals;
(b) the value of a bullion coin (e.g. gold kangaroors or silver kookaburras) and bullion bars are affected by many economic factors, including the current market price of bullion and the perceived scarcity of the product and other factors. Some of these factors include the quality and current demand and general market sentiment. Therefore, because both bullion bars and bullion coins can go down as well as up in value, investing in them may not be suitable for everyone.
(c) that bullion bars and bullion coins can decline in value and you should understand them well, and have adequate cash reserves and disposable income before considering a bullion or coin investment.
3. Limitations of liability, disclaimer and indemnity
3.1 Brisbane Bullion excludes (to the maximum extent permitted by law)from this Agreement all conditions, warranties and terms implied by statue, general law or custom.
3.2 Brisbane Bullion excludes all liability to any person, including you, and you release and indemnify Brisbane Bullion against all acts or omissions of Brisbane Bullion in tort (including negligence), contract, bailment or otherwise for loss of, damage to any bullion, or any delay or other failure arising out of the performance of the Services or this Agreement.
3.3 The exclusions, releases and indemnities in clauses 2.1 and 2.2 operate to the extent permitted by law and extend to loss of profits, business or anticipated savings or any other indirect or consequential damage and to economic loss and even if Brisbane Bullion knows they are possible or otherwise foreseeable.
3.4 Brisbane Bullion, in addition to performing the Services itself, also may engage third parties to perform the Services so they are entitled to the full benefit of these conditions, including any exclusions or limitations of liability, to the same extent as Brisbane Bullion.
3.5 Even if Brisbane Bullion breaches a storage contract or any of its or these conditions, all the rights, immunities and limitations of liability in this Agreement continue to have their full force and effect in all circumstances.
3.6 In the event that Brisbane Bullion is liable to you despite the provisions of this Agreement in connection with a Service, Brisbane Bullion’s liability shall be limited to the amount, if any, that you paid for such Service.
3.7 You indemnify and hold harmless Brisbane Bullion and its affiliates, directors, officers and shareholders from and against any and all costs, damages, expenses, liabilities and obligations, including reasonable legal fees on an indemnity basis, as a result of, or in connection with:
(a) any breach of any representation or warranty made by you to Brisbane Bullion; or
(b) any failure by you to comply with this Agreement.
4. Bullion Trading Services
4.1 Brisbane Bullion offers to buy and sell Bullion through the Bullion Trading Services. Brisbane Bullion will not be liable to you for any loss suffered if Brisbane Bullion discontinues any of the Bullion Trading Services.
4.2 The price at which Brisbane Bullion will buy or sell Bullion is published on the Website, changes from time to time and is applicable to a particular item of Bullion.
4.3 Once you have offered to buy or sell Bullion you have made an irrevocable offer to purchase the Bullion referred to in the order on the terms of this Agreement. Brisbane Bullion may accept this offer at any time and you indemnify Brisbane Bullion for any loss it suffers if you purport to withdraw this offer. When ordering through the Website, by email or telephone you will be issued an order number and the price for the Bullion when your order is submitted is your locked-in price.
4.4 Brisbane Bullion reserves the right to refuse or cancel any order in Brisbane Bullion’s absolute discretion until the Bullion is shipped to you even when an order number has been issued to you, including in such circumstances where the order is deemed questionable or exposes Brisbane Bullion to risk, regardless of payment method, price confirmation or order status.
4.5 When confirming your order Brisbane Bullion will provide you with details of the price for the Bullion and payment instructions by email. Brisbane Bullion does not accept cash on delivery. orders. Any amounts detailed on an invoice as owing to Brisbane Bullion must be paid and cleared in Brisbane Bullion’s bank account within 24 hours of the invoice date or the Market Loss Policy will apply and the order will be subject to cancellation by Brisbane Bullion.
4.6 It is not Brisbane Bullion’s intention to enter into buying and/or selling transactions, accepting the risks involved only to have them cancelled by you. However, Brisbane Bullion realises that there are rare situations where orders need to be cancelled. If you want to cancel and/or offset your order, you must do so during normal business hours of 10:00 – 4:00 Sydney time, Monday to Friday. Brisbane Bullion does not need to accept a cancellation of an order.
4.7 All cancellations are subject to Brisbane Bullion’s market loss policy set out in clause 5, plus a $150 cancellation fee. Cancellations may only be approved over the telephone, at which time you will be given a cancellation number. At the time of approval of a cancellation, if any market loss to Brisbane Bullion has occurred, it will be calculated and added to the $150 cancellation fee. If you have not paid the market loss and any cancellation fee by credit card Brisbane Bullion will invoice you in which case you will have 3 days to pay any amount shown in the invoice in full. Any amounts outstanding to Brisbane Bullion pursuant to this clause or otherwise will accrue interest on daily balances and compound monthly at the rate of 15% per annum.
4.8 Brisbane Bullion will not accept any future orders and you may not place any future orders until all amounts owing to Brisbane Bullion are paid in full and Brisbane Bullion will have lien over any Bullion stored by Brisbane Bullion to satisfy any amount owing to Brisbane Bullion.
5.1 Order entry systems have been designed to provide an efficient and dependable method for entering orders. Commercial internet service providers are not 100% reliable and a failure by one or more of these providers may affect internet based order entry. You acknowledge that the order entry system is a mechanical system and as such may be subject to failure beyond the control of Brisbane Bullion.
5.2 All orders placed through the order entry system or by phone are taken on a best efforts basis. All orders shall remain pending at the full discretion of Brisbane Bullion. Brisbane Bullion shall not be responsible for errors, negligence, inability to execute orders and/or market loss related to a cancelled order. Nor shall Brisbane Bullion be responsible for any delays in the transmission, delivery or execution any order placed by you due to breakdown or failure of transmission or communication facilities, or as a result of any other cause or causes beyond Brisbane Bullion’s reasonable control or anticipation including issues relating to supply of stock.
5.3 Brisbane Bullion specifically disclaims any liability or responsibility for orders placed via the Brisbane Bullion online order entry system and for any loses or direct, indirect, consequential or incidental damages which you may incur as a result of the use of the Brisbane Bullion online order entry system. Further, Brisbane Bullion specifically disclaims any liability for the interruption, cancellation or other termination of the Brisbane Bullion online order entry system.
6. Market loss policy
6.1 The Brisbane Bullion Market Loss Policy is designed on “fairness” principles and will apply where you fail to comply with your contractual obligations resulting in administrative and/or market losses to Brisbane Bullion or where you are exercising your rights pursuant to this Agreement to call for Brisbane Bullion to buyback any Bullion sold to you. The Market Loss Policy will apply in Brisbane Bullion’s absolute discretion.
6.2 Market loss will be solely determined by Brisbane Bullion and will based on any loss or cost that Brisbane Bullion has suffered or will suffer as a result of you cancelling your order, including any change in the spot price of the Bullion you agreed to purchase, any costs Brisbane Bullion has incurred in arranging for the sale or delivery of the Bullion and any administrative costs or break costs for any contract Brisbane Bullion has entered into in connection with your order. The amount notified to you by Brisbane Bullion will be the Market Loss.
6.3 Any Market Loss will be automatically deducted from your credit card. If such Market Loss cannot be paid by credit card an invoice will be raised and you must pay any amounts shown on the invoice by direct bank transfer or alternate credit card within 3 days.
6.4 In addition to the other rights and remedies available to Brisbane Bullion, in the event of any failure by you to comply with this Agreement, Brisbane Bullion may, without limiting its other rights and its other remedies, suspend or terminate any account you hold with Brisbane Bullion. The suspension or the termination of your account shall not affect your obligations under this Agreement.
6.5 If you are in breach of this Agreement, including where you fail to pay for any Market Loss, Brisbane Bullion may, without limiting its other rights and remedies, apply any of your funds or metal holdings in its possession (including amounts paid by you for other purchases or amounts payable to you for sales of Bullion), to pay your monetary obligations to Brisbane Bullion and may offset any monetary obligations that Brisbane Bullion has to you against your monetary obligations to Brisbane Bullion.
6.6 Any market gain on cancellations shall remain the property of Brisbane Bullion.
7. Shipment and insurance policy.
7.1 Brisbane Bullion safely and securely ships precious metals within Australia and around the world every day. Clear policies and disciplined processes are central to secure, fast, cost effective precious metal shipments. Brisbane Bullion reserves the right to determine the most appropriate method of shipment unless specifically prearranged with you at time of order. The carrier chosen will depend on your location, order value and/or cubic measurements. Additional charges may apply for shipping method changes.
7.2 All Brisbane Bullion orders for delivery within Australia require insurance. This will be calculated automatically as a percentage of the total order value and clearly stated in the ordering process. You will not have any rights in any insurance payment.
7.3 The following terms apply if you are an international customer:
(a) As a leading international bullion dealer, Brisbane Bullion has a successful track record of shipping gold and silver all over the world. Brisbane Bullion partners with Fed Ex, EMS, UPS, Brinks and Armaguard and ship into most countries.
(b) Brisbane Bullion accepts international orders over the internet and by phoning +617 31617212. Insurance is not available for all international orders and Brisbane Bullion recommends that you are required to contact Brisbane Bullion prior to placing an order to confirm whether insurance is available for your order.
(c) All internet orders remain pending until we have reviewed the configuration, shipping and insurance rates and assessed the customs information for your country.
(d) International orders must also be paid by bank wire or transfer and until payment is received Brisbane Bullion reserves the right to cancel any order (in addition to any other rights of cancellation Brisbane Bullion has pursuant to this Agreement).
(e) International delivery options will vary by destination and are at the discretion of Brisbane Bullion. Should you have specific shipping requirements you are required to contact Brisbane Bullion before making your purchase.
(f) You acknowledge that all customs and taxation issues are your responsibility and Brisbane Bullion will not be liable for any failure for Bullion to clear customs or for any adverse tax consequences as a result of your sale or purchase.
8. Buyback policy
8.1 Brisbane Bullion provides all its customers with a buyback guarantee in the form of a refund, return and/or exchange policy on everything sold by Brisbane Bullion including all bullion bars and bullion coins.
8.2 You may exercise your rights under the buyback policy at any time up to three (3) days from the date on which you receive your item purchased from Brisbane Bullion provided you notify Brisbane Bullion and the item is kept in its original packaging and is not damaged.
8.3 On exercising your rights under this clause 7, Brisbane Bullion’s Market Loss Policy will apply to Bullion related items and the customer may (at Brisbane Bullion’s discretion) be required to pay for any other costs, including shipping costs, incurred by Brisbane Bullion in connection with the returned items. If an exchange is requested, Brisbane Bullion reserves the right to find an acceptable replacement or refund your money less shipping costs, administrative costs and any Market Loss.
8.4 Any market gain on refunds or returned items shall remain the property of Brisbane Bullion.
8.5 Brisbane Bullion wants its customers to be pleased with their purchases. If for any reason you have a problem, please feel free to call Brisbane Bullion’s offices to discuss. Beyond the three day buyback period provided by this clause 8, if you want to liquidate any Bullion or sell any items purchased by Brisbane Bullion you may be able to place an order to sell same to Brisbane Bullion.
9. Allocated Storage
9.1 Brisbane Bullion offers secure storage facilities for its customers for allocated and unallocated Bullion for an annual fee. In addition to the other clauses contained in this Agreement, clauses 9 and 11 apply where Brisbane Bullion has agreed to provide Allocated Storage to you.
9.2 If you desire to have Brisbane Bullion store your Bullion by way of Allocated Storage you must contact Brisbane Bullion with the details of the Bullion to be stored. Brisbane Bullion will then provide you with a quote for the storage charges for the period up until the next 30 June following the date of the quote. You may then place an offer with Brisbane Bullion for Brisbane Bullion to provide Allocated Storage.
9.3 You warrant that you have fully and adequately described any Bullion tendered for storage, including its nature, weight and measurements and complied with all applicable laws and regulations in relation to the Bullion. You warrant that you are the owner or the authorised agent of the owner of the Bullion and that you accept this Agreement for yourself and for any other person having an interest in the Bullion.
10. Unallocated Storage
10.1 In addition to the other clauses contained in this Agreement, clauses 10 and 11 apply where Brisbane Bullion has agreed to provide Unallocated Storage to you.
10.2 Brisbane Bullion offers customers the option of purchasing Bullion by way of an unallocated ‘pool’ of the same type of Bullion. This is referred to as Unallocated Storage. If a customer wishes to purchase an unallocated portion of Bullion, Brisbane Bullion may agree to sell that Bullion to the customer, but Brisbane Bullion will arrange to store the Bullion on behalf of the customer until the customer calls for delivery of the Bullion.
10.3 You can request that Brisbane Bullion provide you with Unallocated Storage of Bullion, by placing an order for the quantity of Bullion that you wish to purchase. The payment arrangements for Unallocated Storage are the same as apply in relation to the Bullion Trading Services specified earlier in this Agreement.
10.4 Brisbane Bullion will advise you at the time of placing an order whether there are any storage charges for Unallocated Storage, which must be paid. Brisbane Bullion may impose storage charges in the future for Unallocated Storage even if they are not imposed at the date your order is placed or accepted by Brisbane Bullion and if you are not willing to pay these charges Brisbane Bullion may terminate this Agreement and deliver the Bullion to you. If Brisbane Bullion delivers the Bullion to you, you will have to pay any reasonable freight, handling, barring and other expenses incurred by Brisbane Bullion.
10.5 If Brisbane Bullion accepts an order for Unallocated Storage it will notify you by email.
10.6 You acknowledge that:
(a) any Bullion purchased pursuant to an Unallocated Storage service will not be set aside or earmarked for you, as the Bullion will remain part of a larger pool of the same type of Bullion;
(b) you will have no rights in the larger ‘pool’ that contains your Bullion, except to call for delivery of your Bullion upon payment of the charges notified by Brisbane Bullion at the time you call for delivery; and
(c) you may not sell, assign, encumber or otherwise deal with the unallocated Bullion except with the prior written consent of Brisbane Bullion, such consent to be withheld in Brisbane Bullion’s absolute discretion.
11. General storage terms
11.1 This clause 11 applies to both Allocated Storage and Unallocated Storage.
11.2 Storage charges
(a) Storage charges for Allocated Storage are incurred annually and apply from the date your order for storage is accepted by Brisbane Bullion up until the following 30 June in any given year. Brisbane Bullion will issue invoices prior to 30 June each year for storage charges that apply for the next year of storage.
(b) You must:
(i) unless otherwise agreed, pay Brisbane Bullion any charges quoted for the Allocated Storage in Australian dollars within 7 days of the date of Brisbane Bullion’s invoice;
(ii) pay Brisbane Bullion any charges or expenses not recouped out of the proceeds of sale of the Bullion if Brisbane Bullion exercises its power of sale pursuant to this Agreement;
(iii) pay Brisbane Bullion any charges, freight, handling or other expenses incurred in relation to the redelivery of the Bullion if you cease to utilise the Allocated Storage for your Bullion or any part of your Bullion; and
(iv) pay Brisbane Bullion for any costs or expenses it incurs associated with barring any Bullion that is Unallocated Storage.
(c) Brisbane Bullion will not refund any payment for storage fees under any circumstances.
(d) Brisbane Bullion’s quoted charges represent the exclusive value of the supply for GST purposes.
11.3 You acknowledge that Brisbane Bullion may subcontract its storage obligations without your consent and that the Bullion may be stored in a facility managed by a third party. Any exclusions of liability or indemnities provided by you under this Agreement will extend to the third party.
11.4 Brisbane Bullion will only accept an offer for Allocated Storage or Unallocated Storage where Brisbane Bullion’s facilities permit and on any additional terms and conditions notified to you at the time of you placing an order. Brisbane Bullion may refuse to provide Allocated Storage or Unallocated Storage at its discretion.
11.5 Certificate of title
(a) Brisbane Bullion will provide you with a certificate of title where it is storing Bullion on your behalf. This certificate of title may be issued by a third party who is storing the Bullion pursuant to an agreement with Brisbane Bullion. You may ask to see a draft certificate of title on request.
(b) The certificate of title referred to in paragraph (a) may impose conditions on dealings with the certificate of title or the Bullion that is the subject of the certificate of title and you are taken to have accepted those conditions if you have not notified Brisbane Bullion or the third party who issued the certificate of title within three days of receipt of the certificate of title. If you reject the terms contained in the certificate of tile and the certificate of title relates to Unallocated Storage, then you may liquidate your Unallocated Storage arrangement with Brisbane Bullion and the Market Loss policy will apply.
(c) You irrevocably authorise Brisbane Bullion to give notice to any third party who has issued you a certificate of title referred to in paragraph (a) to call for the delivery of any Bullion that is subject to Allocated Storage or Unallocated Storage when you call for the return the Bullion or are in default of this Agreement.
(a) Brisbane Bullion has a general lien on any Bullion and on any other goods that you have provided to Brisbane Bullion for all charges due or which become due on any account whether for storage of the Bullion or any other goods or any other of Brisbane Bullion’s Services. Brisbane Bullion may exercise this lien where any amounts remain owing to Brisbane Bullion for a period in excess of one month.
(b) If any charges or amounts owing to Brisbane Bullion pursuant to this Agreement are not paid when due or the Bullion is not collected when so required or designated, Brisbane Bullion may, without notice:
(i) remove all or any of the Bullion and store them as Brisbane Bullion thinks fit at your risk and expense; or
(ii) sell all or any of the Bullion as Brisbane Bullion thinks fit and apply the proceeds to discharge the lien and costs of sale without being liable to any person for any loss or damage caused; or
(iii) Brisbane Bullion may deduct or set-off from any moneys due from Brisbane Bullion to you under any contract, debts and moneys due from you to Brisbane Bullion pursuant to this Agreement conditions or any under any contract.
(a) If the PPSA applies to any Allocated Storage or Unallocated Storage arrangement, the following provisions of this clause 11.4 shall apply and terms defined in the PPSA shall have the same meaning when used in this clause 11.4 unless the context otherwise requires.
(b) You will not have any security interest over any personal property which is stored by Brisbane Bullion or any third party on behalf of Brisbane Bullion and you undertake not to register any financing statement over Brisbane Bullion or said third party in connection with any purported security interest over personal property stored by Brisbane Bullion.
(c) If you have contracted with Brisbane Bullion for Unallocated Storage, you waive all rights of enforcing any purported security interest in the pool of bullion in which your unallocated Bullion may exist.
(d) If Chapter 4 of the PPSA would otherwise apply to the enforcement of a security interest held by Brisbane Bullion or that arises out of this Agreement, the parties agree that each of the provisions of the PPSA which section 115 of the PPSA permits parties to contact out of, other than sections 117, 118, 134(1) and 135 do not apply to the enforcement of such security interest.
11.8 At any time by providing at least 7 days’ written notice, you may call for the delivery of any Bullion contained in Allocated Storage or Unallocated Storage. Brisbane Bullion will then make arrangements for the delivery of the Bullion to you, such arrangements including barring for unallocated Bullion, freight and handling of the Bullion. Brisbane Bullion will endeavour to advise you as soon as possible of the expected date of delivery of the Bullion. Brisbane Bullion will not be liable for any delay in delivery of the Bullion for any reason whatsoever.
12.1 Brisbane Bullion uses an offline Westpac Payment Gateway (for credit card payments) combined with a rapidSSL SSL Certificate to provide a secure environment for the processing of orders over the internet. Brisbane Bullion reserves the right to change its payment method without notice to you.
12.2 All confidential information including your credit card details are encrypted the moment they are transmitted from your browser to Brisbane Bullion’s servers using industry standard SSL 256-bit RC4 encryption technology. However, Brisbane Bullion accepts no responsibility for loss or damage suffered by you in connection with you providing your credit card details to Brisbane Bullion except in the case of wilful misconduct by Brisbane Bullion.
13. Termination and default
13.1 Upon any failure by you to comply with your obligations to Brisbane Bullion or upon any breach of this Agreement, Brisbane Bullion shall have all of the rights and the remedies available to Brisbane Bullion, whether at law, in equity or otherwise, including the rights and remedies under this Agreement.
13.2 In addition to the other rights and the other remedies available to Brisbane Bullion, in the event of any failure by you to comply with this Agreement, Brisbane Bullion may charge the credit card on which you have provided Brisbane Bullion for any amounts due to Brisbane Bullion including any Market Loss incurred by Brisbane Bullion, cancellation fees and Brisbane Bullion’s reasonable legal and other expenses incurred as a result of your breach of this Agreement on an indemnity basis. You expressly authorise Brisbane Bullion to charge your credit card for all such amounts.
13.3 In the event that Brisbane Bullion must take any action against you to enforce your obligations under this Agreement, including where Brisbane Bullion refers your account to a collection agency or a lawyer for collection, you shall pay all of the costs and the expenses incurred by Brisbane Bullion on an indemnity basis in connection with such action.
13.4 If you are in default of this Agreement and have engaged Brisbane Bullion to provide Allocated Storage or Unallocated Storage then Brisbane Bullion may, in its absolute discretion, do anything required to redeliver the Bullion that is being stored to you, including barring any unallocated Bullion, and Brisbane Bullion may charge any amount incurred in doing so from your credit card. If for any reason Brisbane Bullion cannot charge your credit card then any costs or expenses incurred by Brisbane Bullion will be a debt due to Brisbane Bullion payable immediately.
16. No relationship
16.1 The sole relationship between Brisbane Bullion and you is a purchaser-seller relationship. No other relationship, including, without limitation, any agent-principal relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, between Brisbane Bullion and you exists.
17. Force Majeure
17.1 If Brisbane Bullion cannot perform any obligation under this Agreement as a result of any event that is beyond its control, including, government intervention or regulation, military activity, strikes, terrorism, financial crisis, derivative meltdown, failure of a supplier or storage partner or any other circumstances that may cause Brisbane Bullion's delay or fail to perform such obligation shall be excused and Brisbane Bullion shall not be liable for any damages as a result of, or in connection with, such delay or such failure.
18.1 Under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006, it is an Australian legal requirement for all bullion dealers and other financial institutions to collect information about clients under certain circumstances. You can find out more by visiting the AUSTRAC website or contacting AUSTRAC on 1300 021 037 or [email protected].
18.2 Brisbane Bullion will inform you when AUSTRAC requirements apply to any sale of purchase of Bullion by you. AUSTRAC requirements will be automatically triggered by absolute or cumulative purchases above AUD$5,000. However, Brisbane Bullion reserves the right to request AUSTRAC information at its own discretion.
18.3 If we have requested AUSTRAC information from you, no shipments can be made until the AUSTRAC documentation is on file. Refusal to submit AUSTRAC documentation may trigger a cancellation of your order or the Market Loss Policy.
19. Definitions and interpretation
19.1 In this Agreement, except to the extent that the context otherwise requires:
(a) Agreement means this agreement comprising these terms and conditions and any other document incorporated into this agreement by express reference;
(b) Allocated Storage means the storage of particular items of Bullion owned by you on the terms of this Agreement;
(c) Bullion means gold, silver, platinum or other precious metals offered for sale or purchase by Brisbane Bullion from time to time and any other such metals which are offered to be held by Brisbane Bullion in Allocated Storage or Unallocated Storage;
(d) Bullion Trading Services means the services provided by Brisbane Bullion for the sale and purchase of Bullion, which are provided through the Website, by email and by phone;
(e) Market Loss Policy means Brisbane Bullion’s policy applicable to cancelled orders or other circumstances provided for by this Agreement, which is set out in clause 4.7;
(f) Services means the Website, Allocated Storage, Unallocated Storage, the Online Order Services and any account held by you with Brisbane Bullion;
(g) PPSA means the Personal Property Securities Act 2009 (Cth);
(h) Unallocated Storage means the storage of unallocated Bullion on the terms of this Agreement; and
(i) Website means the website or websites operated by Brisbane Bullion in connection with the Services.
19.2 In this Agreement, except to the extent that the context otherwise requires:
(a) words importing the singular include the plural and vice versa;
(b) headings are for convenience only and do not affect interpretation of this Agreement;
(c) the words “includes”, “including” or “such as” are not words of limitation, and when introducing an example, do not limit the meaning of the words to which the example relates to examples of a similar kind;
(d) a reference to a clause or paragraph is a reference to a clause or paragraph of this Agreement;
(e) where a word or phrase is given a particular meaning, other parts of speech or grammatical forms of that word or phrase have corresponding meanings;
(f) an expression importing a natural person includes a body corporate, partnership, joint venture, association or other legal entity;
(g) a reference to a document or agreement includes a reference to that document or agreement as amended or replaced from time to time;
(h) a reference to a party to a document includes that party’s legal personal representatives, successors and permitted assigns;
(i) a covenant or agreement on the part of or for the benefit of two or more persons binds or benefits them jointly and severally; and
(j) a reference to a body, whether statutory or not:
(i) which ceases to exist; or
(ii) whose powers or functions are transferred to another body; is a reference to the body which replaces it or which substantially succeeds to its powers or functions.
You may not assign this Agreement or any of your rights or your obligations under this Agreement without the prior written consent of Brisbane Bullion, which may be granted or withheld by Brisbane Bullion in its sole discretion. This Agreement shall be binding on all permitted assigns and successors of Brisbane Bullion and you. Brisbane Bullion may assign this Agreement or any of Brisbane Bullion’s obligations pursuant to this Agreement without your consent.
21. Governing Law
This Agreement shall be governed by, and interpreted in accordance with, the laws of Queensland, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland.
22. Further Assurances
You shall execute and deliver such other documents and take such other actions as may be reasonably requested by Brisbane Bullion to give full effect to this Agreement.
Except as otherwise provided in this Agreement, all notices and other communications to Brisbane Bullion shall be posted to Brisbane Bullion’s registered office and all notices and other communications to you shall be directed, at the option of Brisbane Bullion, to the address that you provided to Brisbane Bullion at the time of registration of your account or to the email address that you provided to Brisbane Bullion at the time of registration of your account.
24. Recording of Phone Conversations
25. Absence of Waivers
25.1 Any failure or delay by Brisbane Bullion to exercise a power or right does not operate as a waiver of that power or right.
25.2 The exercise of a power or right does not preclude:
(a) its future exercise; or
(b) the exercise of any other power or right.
25.3 The variation or waiver of a provision of this Agreement or a party’s consent to a departure from a provision by another party will be ineffective unless in writing executed by the parties.
This Agreement is intended to be enforceable to the fullest extent permitted by law. If any term or part of this Agreement is unenforceable the unenforceability does not affect any other terms or part of the term or any other term.
26.1 Brisbane Bullion may amend this Agreement at any time by posting the amended terms on the website. Except as otherwise provided in the Agreement, the amended will take effect for any use of the Services that takes place after publication of the amendment.
26.2 This Agreement may not be otherwise amended except by written agreement between Brisbane Bullion and you.
27. Entire Agreement
This Agreement sets forth the entire understanding between Brisbane Bullion and you with respect to the subject matter of this Agreement.
29. No merger
Nothing in this Agreement merges, extinguishes, postpones, lessens or otherwise prejudicially affects any right, power or remedy that a party may have against another party or any other person at any time.
If you have any questions with respect to this Agreement or your rights and your obligations under this Agreement, contact Brisbane Bullion on 1300 BULLION or +61 7 3184 8200 or [email protected]
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