COIN/BULLION TERMS OF SALE:
This Agreement controls the terms under which precious metals are sold by Royal Metals Group, LLC.
IN CONSIDERATION of the following terms and conditions, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Definitions. “Seller” shall be the Royal Metals Group, LLC, it’s members, directors, officers, employees, agents/advisors, heirs or assigns (hereinafter “RMG”, “We”, “Us” or “Our”) that are duly authorized to deal in coin/bullion. “Buyer” shall be the individual, corporation, limited liability company, limited liability partnership, partnership, or other business or trust entity purchasing coin/bullion from RMG (hereinafter “Buyer”, “You” , “Your” or “client”). “Agent/Advisor” is an independent party working on behalf of the client to secure coin/bullion from RMG. “Coin/Bullion” shall be the commodity of rare, precious metals RMG shall now or may hereafter offer for sale to buyers in its ordinary course of business. “Business Days” shall be the normal work days Monday through Friday inclusive, excepting weekends, federal holidays and any day the London Metals Market Fixing is closed. “Order” shall mean when you and your agent direct us to secure coin/bullion. “Trade” shall mean when RMG has received confirmation from any of its worldwide wholesalers for coin/bullion ordered by you.
2. Coin/Bullion Market Price and Availability Change Constantly / RMG Sets Coin/Bullion Sale Price. The parties acknowledge that the coin/bullion we offer for sale are commodities traded on various markets, and that the market price and availability of such types of coin/bullion change constantly with supply and demand. We set the coin/bullion sale price for all coin/bullion that we offer for sale.
3. Coin/Bullion Trading by Telephone and Website. All telephone coin/bullion trading is done by us at our office in Bettendorf, Iowa. Agent/Advisors may place orders via the Royal Metals Group’s website at www.RoyalMetalsGroup.com for the “client.” Once a web based order is received and your funds clear our account, RMG will place the trade via telephone. Website orders create a legally binding contract between “client”, “agent” and “us.”
A. Telephone and website pricing for coin/bullion is not guaranteed. Pricing is locked in after your funds clear in our account and the trade is placed. We use the current price at the time of the trade. All trades will be executed in the order the orders are received, according to order number. All trades will be completed by the end of the business day or next following business day (not to exceed 24 hours) from time funds are cleared and available.
B. We reserve the right to fill orders from coin/bullion held in our inventory valued on the then current market price.
4. Minimum Order Sizes / Orders of $250,000 USD or More. (USD shall mean United States Dollars) Our minimum order size is $500 USD per order. All orders over $250,000 USD require authorization from Royal Metals Group prior to placing website order.
5. Placement of Order Obligates Your Payment. You the “client” and your “Agent/Advisor” agree that your placement of a coin/bullion order with us creates a legally binding obligation to pay for your ordered coin/bullion. No online order may be cancelled.
6. E-mail and Regular Mail Order Confirmation and Invoice / Buyer to Allow E-mails from RMG. After you have placed your website order, we will send you an email confirming your order along with an invoice. Failure by you to receive any of these does NOT invalidate or otherwise cancel your order with us; you are still obligated to pay for your coin/bullion order in full and on time. You shall take all steps necessary, including updating address books and adjusting spam or junk-mail filters, to ensure that you can timely receive all e-mails from us, complete with any attachments, in furtherance of this Agreement.
7. Recording of Order. You consent and agree that we may record all communication, and keep a recording of your order to verify the terms of your purchase, aid in training, auditing or quality control, comply with any laws as now exist or may hereafter exist, or for any other reason reasonably related to the business of dealing in coin/bullion. Information needed when placing an order will include Name, Address, Social Security number, and a Valid United States identification number i.e. Passport, Valid State I.D or Driver’s License Number
8. Payment / Holding Times. Payment shall be in U.S. dollars only. Once you have placed your order request with us, you are obligated to pay us in full by any of the following three methods:
A. Personal Checks / 10 Day Hold –Once received by us, there is a ten (10) business day hold on your order request while your personal check clears the banking system. Your order request WILL NOT have a guarantee price lock until funds have cleared our banking institution.
B. Cashier’s Checks / 5 Day Hold – Once received by us, there is a five (5) business day hold on your order request while your cashier’s check clears the banking system. Your order request WILL NOT have a guarantee price lock until funds have cleared our banking institution. Cashier’s checks must exceed $10,000.00.
C. Bank Wire Transfer – To guarantee locked-in pricing on any order request, bank wire must be received by our banking institution. Once confirmed receipt of client(s) cleared funds, RMG will lock-in price for client order request. This is the only method we offer to lock-in immediate pricing - No exceptions.
9. Shipment of Your Order / Order Confirmation. We shall promptly ship all coin/bullion orders only AFTER we have received your payment in full, including the applicable clearing/hold time. Delivery dates vary with supply and demand. Your coin/bullion order will be shipped to you via fully insured courier. Shipment may also be made to your banking institution with their prior written approval to accept any such shipment.
A. Delayed Shipping: Specific coin/bullion may be in short supply from time to time and may take additional time to acquire through our wholesale channels. We reserve the right to delay shipment by as much as (2) months. If a delay in shipment exceeds two months, “client” will have the right to continue to wait for coin/bullion or request a full refund. Refunds will be made by corporate check issued by Royal Metals Group.
P0. Payment Addresses.
A. Regular Mail Address:
Royal Metals Group
2420 18th St.
Bettendorf, Iowa 52722
B. Overnight Mail Address:
Royal Metals Group
2420 18th St.
Bettendorf, Iowa 52722
C. Bank Wire Transfer Address
Please see your agent/advisor for Bank Wire Instructions
11. Liquidation of Your Order. “Liquidation” shall mean converting your coin/bullion order into USD, and it may be done in one of two following ways:
A. Voluntary Liquidation of Your Order (a/k/a “Buy-Back” of Your Order). At any time after you have fully paid for your order from us, you can sell your order back to us at our current rates. “Client Selling to RMG Agreement” must be completed.
B. Non-Payment/Non-Sufficient Funds/Stop Pay. If you fail to make timely payment in full as stated herein, we may cancel your coin/bullion order request as of the 11th business day after your order date. You may be charged a cancellation fee of up to 10% of your order request in addition to other fees RMG may incur (i.e. stop pay/NSF Funds fee). See paragraph 12 for further Reservation of Rights.
12. Reservations of Right: In addition to the other rights hereunder, we reserve the following rights unto ourselves:
A. Right to Deny Approval. We reserve the right to deny approval for any order for any reason.
B. Right to Cancel Erroneous Orders. We will make a good faith effort to notify you of any correction of your order. We reserve the right to cancel any order due to errors, uncertainty, or computer related problems.
C. Right to Cancel Any Pending Sales. We reserve the right to cancel any pending client sale at any time for any reason. If we exercise this right, we shall cancel your sale order, including delivery of your coin/bullion, and we shall notify you and refund you all monies you may have paid to us on your sale order.
D. Right to Require Payment by Bank Wire. We reserve the right to require payment by bank wire transfer for all large orders. During periods of heavy bullion trading or volatile market swings, we may require payment by bank wire transfer.
E. Right to Accept or Reject Any Late or Defective Payment. We reserve the right to either, (1) accept any late or defective payment, including liquidation payments, or (2) reject any such late or defective payment, including liquidation payments, that don’t comply with the terms of this Agreement.
13. Reporting Cash Payments Over $10,000. We are required to file IRS Form 8300 on all cash payments over $10,000. Please see our “Reporting Cash Requirements” for more information. RMG has the right and responsibility to hold monies and shipment to comply with IRS Form 8300. If you actually are, or appear to be sending multiple payments that may (in our sole discretion) require us to report your payment on IRS Form 8300, we reserve the right to hold all such payments and withhold shipment of the related order until you provide us all necessary information that we determine we may need to complete said IRS Form 8300. We also reserve the right to liquidate, cancel or rescind any transaction in which we are unable to obtain or verify information needed to comply with said IRS Form 8300, or any other related statutes, rules, regulations, or any other law of every kind and nature.
14. Computation of Time. Unless some other time counting mechanism is expressly stated herein, the first day for computing time period shall be the first business day of the respective transaction. If the last day shall fall on a weekend or federal holiday, or any day the London Metals Market Fixing is closed, then the last day shall be moved forward in time to the first day that is not a weekend, federal holiday or day the London Metals Market Fixing is closed.
15. Controlling Law / Venue. This Agreement shall be construed under the laws of the State of Iowa. Venue for any Court or adjudicating entity determining the rights of any party hereto shall be the District Court for Scott County, Iowa; or the United States Southern District Court in Davenport Iowa.
16. Limitation of Liability. Our liability for any coin/bullion sale shall not exceed the amount actually paid by you for coin/bullion, less the fair market value of such bullion. We shall not be liable for indirect, incidental, additional, punitive, exemplary or consequential damages, even if we have been advised of the possibility of such damages. We shall not be liable for any delays or failures in the transmission, receipt or execution of orders, payments, deliveries or information due to the incapacity or failure of computer or communications equipment or facilities which are outside our control.
17. Force Majeure. Any prevention, delay or stoppage in our performance of any term hereto due to strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefore, governmental restrictions, regulations or controls, the suspension by commodity exchanges in the trading of gold, silver, platinum or palladium futures contracts or the delivery of the commodities underlying such contracts, or the failure or delay of vendors, enemy or hostile governmental action, riot, civil commotion, fire or other casualty, and other causes beyond our control, shall excuse our performance, and extend our performance of our duties and responsibilities hereunder, for a period equal to any such prevention, delay or stoppage.
18. Complete Agreement. This Agreement constitutes the complete and final expression of the agreement between the parties relating to the purchase or sale of coin/bullion, and supersedes all prior or contemporaneous contracts, agreements, understandings and representations of the parties, either oral or written, relating to the purchase or sale of coin/bullion.
19. Costs / Attorney Fees. If either party shall retain an attorney to enforce their rights hereunder, the prevailing party shall be entitled to recover all reasonable costs, expenses and attorney fees.
20. Disclaimer of Warranties: Except for express warranties contained herein, we disclaim all implied warranties of every kind and nature, including specifically the implied warranty of merchantability and the implied warranty of fitness for a particular purpose as to all coin/bullion transactions.
21. Assignment. We may assign or transfer any of our rights, duties and responsibilities hereunder, or any interest therein, without notice to you, to any entity controlled by us. You may assign or transfer any of your rights, duties and responsibilities only upon prior written notice to us, and provided that you shall not be relieved of any liability under this Agreement pursuant to such assignment or transfer.
22. Written Modification / Waiver of Terms. We reserve the right to modify or amend the terms of this Agreement for FUTURE ORDERS at any time without notice. Such changes would affect subsequent orders only. You shall not modify or amend the terms of this Agreement except by prior written agreement with us. Any subsequent orders would be subject to the then current Client Purchase Agreement. You may request a copy of the current Client Purchase Agreement from your agent, or find it on the www.RoyalMetalsGroup.com website under the “FORMS” section.
23. Binding Effect. Each and every provision of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns, subject at all times to all provisions and restrictions elsewhere in this Agreement. Except as expressly provided herein, nothing in this Agreement is intended to confer on any person, other that the parties hereto and their respective heirs, personal representatives, successors and assigns, any rights or remedies under or by reason of this agreement.
24. Plural / Singular and Gender. Unless some other meaning and intent are clearly apparent from the context herein, the plural shall include the singular, and the singular shall include the plural; and masculine, feminine and neuter words shall be used interchangeably.
25. Captions. The captions shown in this Agreement are for convenience or reference purposes only, and shall not, in any manner, be utilized to construe the scope or intent of any provision hereof.
26. Invalid Provisions. If any provision of this Agreement, or the applicability of any such provision to a specific situation, shall be held invalid or unenforceable by a Court or adjudicating body of competent jurisdiction, such provision shall be construed as to the minimum extent necessary to preserve the intent and spirit of this Agreement, and to make it or its application valid and enforceable, and the validity and enforceability of all other provisions of this Agreement and all other applications of any such provision shall not be affected thereby.
27. Time of Essence. Time is of the essence in this Agreement.
28. AML/BSA Compliance. To help fight the funding of terrorism and money laundering activities, U.S. federal law requires that all financial institutions obtain, verify, and record information that identifies each person opening an account. This simply means that when you open an account, you need to provide your name, address, date of birth, social security or tax I.D. number, and a driver’s license or other Government issued photo id to allow for proper identification. We maintain copies of these ids along with other account information for up to five years. With your assistance, we can all do our part to fight the war against terrorism, and minimize money laundering activities.
29. Non-Payment/Cancellation Fees: By signing this agreement, client hereby waives all rights and holds harmless Royal Metals Group and/or your Agent/Advisor from any liability arising from an order request placed online for you the client. Once your Agent/Advisor has placed an online order request for you, you agree that a legally binding transaction has taken place. Furthermore, you agree that canceling an order after signing a purchase agreement could result in a service charge of up to ten percent (10%) of the total order.
For Example: A $10,000 online order request which is cancelled after order submission, will incur a $1,000 cancellation charge.
30. Pricing. Pricing for our products are set by Royal Metals Group and are proprietary in nature. We reserve the right to change our pricing at any time on our website. Your order request is quote only, and merely reflects current market conditions for that moment only.
31. Our Spreads. The difference between the purchase price of “product” client pays and what Royal Metals group actually pays for “product” is understood by the client to be the “spread.” Spreads charged for one client may significantly vary for those charged for another client for similar transactions. Spreads charged shall be based on products ordered, availability, agent commissions, broker fees, market pricing, etc. Spreads listed shall not be construed as an all-inclusive list. The spreads on Royal Metals Group’s coin/bar bullion typically ranges from 2.5%-15% The spreads charged on Qualified Monies transactions typically range from 2.5%-15% Spreads for numismatic or semi-numismatic items typically range from 5%-25% Qualified Monies shall mean any IRA, 401(k), Profit Sharing, SEP IRA, etc.