TERMS OF SALE

Please Read Carefully - This Agreement controls the terms under which bullion and coins are sold by themetalsguy.com or any of its related companies.

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 themetalsguy.com, it's employees, related companies, agents, heirs or assigns (hereinafter "TMG", "We", "Us" or "Our") that are duly authorized.  "Buyer" shall be the individual, corporation, limited liability company, limited liability partnership, partnership, or other business or trust entity purchasing bullion from TMG (hereinafter "Buyer", "You" or "Your").  "Bullion and coins" shall be the commodity of pure rare, precious or noble metal TMG shall now or may hereafter offer for sale to buyers in its ordinary course of business.  

2.  WE RESERVE THE RIGHT TO CANCEL ANY TRANSACTION FOR ANY REASON.  Reasons may include but are not limited to computer hackers, problems with suppliers, suspension of precious metals trading or failure of customer to make timely payment.  Echecks and bank wires should be initiated within one hour of order.  Personal or business checks should be postmarked by next business day.  TMG will not cancel a transaction solely because the precious metal from which the item was refined has gone up.

3. Risk. All investments involve risk, precious metals are no exception. The value of precious metals and coins is determined by the current spot or market price of bullion as well as supply and demand. These prices fluctuate daily. Therefore, coins and bullion can go down as well as up in value. You should acquire a thorough understanding of the precious metals products before you invest. Since all investments, including precious metals, can decline in value, you should have adequate cash reserves and disposable income before considering a precious metals investment. TMG is not a member of the Securities Insurance Protection Corporation ("SPIC"); therefore, Customer's account is not entitled to SIPC insurance. Customer acknowledges that Customer's account at TMG is neither a securities account protected under SIPC nor a bank account protected by the FDIC. Further, Customer acknowledges that Customer's account at TMG is not a commodity account for the purposes of segregation protection and is not a futures contract regulated by the Commodity Futures Trading Commission ("CFTC").   

4. Pricing.TMG alone shall set the sale price for all that we offer for sale.  Pricing may be based on spot market prices or by supply and demand or by any other parameter TMG at its sole discretion may choose.  Prices on themetalsguy.com may adjust until the time of check out.

5. Volatility. The precious metals market is volatile and thinly capitalized and therefore subject to substantial fluctuations including significant and rapid increases and decreases in value from time to time. Buyers must be able to assume the risk of such price fluctuations. 

6. Economic Forces. The success of an investment in precious metals is dependent, at least in part, upon extrinsic economic forces including but not limited to supply, demand, international monetary conditions and inflation or the expectation of inflation. The impact of these forces on the value of precious metals cannot be predicted with any certainty. No assurance can be given that an investor or buyer will be able to sell his or her precious metals at a price greater than or equal to their acquisition cost. Further, precious metals are not suitable investments for investors or buyers seeking current income.  

7. Assumption of Risk. Customer assumes the risk of all investment decisions regarding all purchased items. TMG makes no guarantee or representation regarding any tax implications of any purchase. In no event shall TMG or its employees be held liable for any direct or indirect damages arising from Customer's purchase. In addition, TMG disclaims any express or implied warranties, including any warranty as to the grade or description of any item. There are no managed accounts, customer alone decides what items to buy and when to buy or sell. 

8.  Trading Recommendations.Any express or implied trading recommendations by TMG, if any are made, are purely speculative and solely opinion and not fact and should not be a determining factor by customer to purchase items from TMG or any other source.  Customer is solely responsible for all purchasing and investment decisions.  Information provided by TMG may be incomplete and may be unverified; and TMG makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or recommendations furnished to Customer. The recommendations of TMG, if any are made, may or may not be consistent with the market position or intentions of TMG its principals, affiliates and employees. Customer acknowledges that TMG or its associates or representatives may have a position in or may intend to buy or sell commodities, or interests thereon, which are the subject of market recommendations furnished to Customer, and that the market position of TMG or any such affiliate, associate or representative may not be consistent with or may be opposite of the recommendations furnished to Customer by TMG. Customer acknowledges that TMG makes no representations concerning the tax implications or treatment of any purchase made by Customer.

9. Indemnification. Customer agrees to indemnify, defend TMG from and against any and all losses sustained by TMG resulting from any deficit balances that may occur in Customer's Account, and hold harmless TMG affiliates, employees, agents, successors and assigns from and against any and all liabilities, losses, damages, costs and expenses, including attorney's fees, incurred by TMG or any of the foregoing parties arising out of Customer's failure to fully and timely perform Customer's agreements herein or should any of the representations and warranties fail to be true and correct. Customer also agrees to be responsible for and pay promptly to TMG all damages, costs and expenses, including attorney's fees, incurred by TMG in the enforcement of any of the provisions of this Agreement and any other agreements between TMG and Customer, together with interest thereon equal to three (3) percentage points above the then prevailing prime rate at TMG's principal bank or the maximum interest rate allowed by law, whichever is lower, and all costs of collection, including attorney's fees, witness fees, travel expenses and the like. In the event TMG incurs expenses other than for the collection of deficits, with respect to any of the account(s) of Customer, Customer agrees to pay such expenses.

10.  Placement of an order by Telephone, email or on the web site creates a binding committment by you to purchase the items ordered. The parties agree that TMG is a bullion and coin dealer with the substantial need to maintain our good name and competitive position; and further that we are entitled to rely on verbal or other promises from you to pay for and complete the purchase of your bullion order.  In furtherance of this, the parties agree that your placement of an order with us creates a binding legally enforceable agreement in which you agree to purchase your ordered items.  No order will be considered complete until payment in full is received by TMG.

11.  Recording of Order. You consent and agree that we may keep a recording of your order with or without the use of an automatic tone-warning device 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 coins and bullion.  TMG does not record most calls as purchase on web site or email confirmation of purchases is our primary method of recording orders at this time.  Even if the sale is recorded,  recordings may be destroyed after 30 days of order and customer consents to such destruction.

12.  Payments and Funds Holding Periods

A.  Personal Checks / 10 Day Hold from date of receipt - Any payment made by personal check must be postmarked within two (2) business days of placing your order, AND received by us within ten (10) business days of placing your order.  Once received by us, there is a ten (10) business day hold on your order while your personal check clears the banking system.
B. Cashier's Checks or Money Orders / 5 Day business hold from date of receipt - Any payment made by cashier's check or money order must be received by us within ten (10) business days of placing your order.  Once received by us, there is a five (5) business day hold on your order while your cashier's check or money order clears the banking system.  We do not accept cashiers checks or money orders for orders that exceed $1,000.00.
C. Bank Wire Transfer / 2 business day hold - Any payment made by bank wire transfer must be received within two (2) business days of placing your order.  Once received by us, there is a two business day hold on your order while your bank wire transfer clears the banking system.  
D. Paypal Instant Payment / 3 business day hold from the time the funds are available for withdrawl from our paypal account -Any payment made by Paypal Instant Payment must be sent to Paypal within  two (2) business days of placing your order.  
E. Paypal Echeck Payment From United States Paypal Account / 3 business day hold from the time the funds are available for withdrawl from our paypal account - Any payment made by Paypal Echeck must be sent to Paypal within two (2) business days of placing your order.  This may take 7 days or longer.  
F. Paypal Echeck From a NON United States Paypal Account  / 3 business day hold from the time the funds are available for withdrawl by us. -  Any payment made by Paypal Echeck must be sent to Paypal within two (2) business days of placing your order.  This may take 15 days or longer.

13.  Shipment of Your Order / Order Confirmation.  Once the funding holding period has expired and the funds have cleared our banking account and only if we have received PAYMENT IN FULL, we shall then ship all bullion and/or coin orders.  Shipping charges will be posted on the web site or agreed upon by email.  
A.  Delayed Shipping / Voluntary Liquidation of Your Order.  From time to time, reductions in our inventory resulting from an increased demand for certain products, delayed shipments from suppliers and other reasons may delay shipping.  If we cannot ship your order within the longer of 30 days or the shipping time agreed upon or posted on themetalsguy.com, we will inform you prior to the expiration of that time period that we are unable to meet the delivery date, and that you may elect to either have a full refund or continue to await delivery by the new delivery date we will give you, which will be based on our best information at that time.  

14.  International Shipping.  We do not mark items as "gift' nor do we make any other false sworn statements on customs forms.  Items with a value in excess of $2500.00 to most countries require additional reporting to the US Census bureau.  We have completed the course and testing to be able to provide this information.  Please do not purchase precious metals from companies willing to make false sworn statements, who bypass US Federal Law or who are not aware of legal requirements.

15.  Payment Addresses.

TMG

PO BOX 142382

Gainesville, FL 32608

USA

16.  Liquidation of Your Order.  "Liquidation" shall mean converting your bullion order into cash, and it may be done in one of two following ways:

A.  Voluntary Liquidation of Your Order.  For items that are NOT in our stock and we have to order, if we are unable to ship your order within the later of 90 days from the shipping time agreed upon or posted on themetalsguy.com and if you have fully paid for your order, you can request a full refund.  For items that are in stock and we unable to ship for any reason you may request a full refund if we are unable to ship your order within 30 days from the shipping time agreed upon or posted on themetalsguy.com and if you have fully paid for your order, you can request a full refund.   
B.  Involuntary Liquidation of Your Order for Non-Payment.  If you fail to make payment in full and on time as stated herein, we shall involuntarily cancel and liquidate your bullion and/or coin order as of the 2nd business day after your order date if by bank wire, paypal or bank transfer and after the 11th business day if by check or money order.  

17.  Returns.  A. If we shipped the wrong item there are three choices.  

A. You may purchase the item we sent by mistake and we will ship the correct item as soon as possible if it is still in stock.  If it is not in stock you may still purchase the wrong item and we will credit the amount already paid toward that purchase.  If amount already paid is greater we will refund the difference. 

B. You may send back the wrong item and upon its return we will ship the correct item.  If the correct item is no longer in stock and unavailable we will issue a full refund.  We will pay for the return shipping.

C. If we shipped the correct item and you decide you wish to return it, we will accept the return within seven (7) days of receipt of item by you.  We will refund the amount paid for the item minus our shipping fees, minus a 10% restocking fee, minus a market adjustment based on the percent decline in the market price of the metal the item was made of.  The % decline will be calculated by taking high of the day of the spot market price on day of sale and subtracting the low of the day the item is received back by us divided by the high of the day the item was purchased on.  If the market price of the metal went up or remained the same since day of purchase there will be no market adjustment.  Spot price will be determined by TMG based on the spot price listed by a reputable source of TMG choosing.  Customer will pay for the return shipping charges.

D.  Additional information about returns may be found on the Shipping/Insurance/Returns page.

18.  Reservations of Right: In addition to the other rights hereunder, we reserve the following rights unto ourselves:
A.  Right to Refuse Service to Anyone. We reserve the right to refuse service and/or sell to anyone.
B.  Right to Correct Erroneous Orders. We reserve the right to correct any order for obvious errors or computer-related problems.  We will make a good faith effort to notify you of any correction of your order.  Computer related problems include but are not limited to software failures, internet failures, hackers, viruses, etc. 
C.  Right to Cancel Any Pending Sales. We reserve the right to cancel any pending sale at any time for any reason. If we exercise this right, we shall cancel your order, including delivery of your bullion and/or coins, and we shall notify you and refund you all monies you may have paid to us on your order, less any costs and fees, if any, associated with canceling your order.
D.  Right to Require Payment by Bank Wire. We reserve the right to require payment by bank wire transfer for any order. 
E.  Right to change Bullion and/or coins Terms of Sale. We reserve the right to change this Agreement at any time without notice. 
F.  Right to Accept or Reject Any Late or Defective Payment After Market Comparison.  We reserve the right to either, (1) accept any late or defective payment, including liquidation payments, after a market comparison to determine what is most advantageous for us, or (2) reject any such late or other defective payment, including liquidation payments, that doesn't comply with the terms of this Agreement.
G.  Right to Withhold Shipment for Unpaid Multiple Orders / Right of Offset.  In the event you place multiple orders with us and pay for one or more orders, but fail to properly pay for other orders, we reserve the right to withhold shipment on any paid orders, until the unpaid orders have been resolved to our satisfaction, including the Right of Offset.  We also reserve to apply payments to items at our discretion and withold shipment on the items not paid for.  The "Right of Offset", shall mean our right to apply any customer's paid order's proceeds and product against any of that customer's other unpaid order's proceeds and product.  If the customer shall thereafter have a net balance owed to us, we may thereafter involuntarily liquidate the remaining net balance owed as provided herein. If the customer shall have a net balance remaining for shipment, then we shall ship the remaining portion of the order as provided herein.
H.  Right to Hold Monies and Shipment to Comply with IRS Form 8300.  If you actually are, or appear to us to be sending to us 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 or desire to complete said IRS Form 8300.  We hereby 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.

19.  Reporting Cash Payments Over $10,000.  We are required to file IRS Form 8300 on all cash payments over $10,000.  Cash payments include cash and cashiers checks or any other form of payment the IRS shall determine are cash payments.  

20.  Controlling Law / Venue. This Agreement shall be construed under the laws of the State of Florida, County of Alachua.  Venue for any Court or adjudicating entity determining the rights of any party hereto shall be the Superior or District Court for Alachua County, Florida; or the United States District Court for Florida. 

21.  Limitation of Liability. Our liability for any sale shall not exceed the amount actually paid by you.  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.  We shall not be liable if the precious metal of the item(s) purchased was refined from has changed in value.  

22.  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.

23.  Complete Agreement. This Agreement plus other disclosures made anywhere on themetalsguy.com web site constitutes the complete and final expression of the agreement between the parties relating to the sale of bullion and/or coins, and supersedes all prior or contemporaneous contracts, agreements, understandings and representations of the parties, either oral or written, relating to the sale of bullion.  Any conflicts in wording on the web site shall result in the wording that is most favorable to TMG to prevail.

24.  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.

25.  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 BULLION AND/OR COIN SALES.

26.  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.

27.  Written Modification / Waiver of Terms.  We reserve the right to modify or amend the terms of this Agreement at any time without notice.  You shall not modify or amend the terms of this Agreement except by prior written agreement with us.

28.  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.

29.  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.

30.  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.

31.  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 modified 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.

32.  Time of Essence.  Time is of the essence in this Agreement.