Terms and Conditions for Transactions with Accurate Precious Metals

 

1.   Engagement in Buying and Selling

1. Thank you for giving us the opportunity and doing business with us Accurate Precious Metals and we are grateful for the for your trust. We provide both services of buying and selling precious metal bullion and many other forms. When the time comes to diversify your assets by selling, choose us for a reliable source to sell your precious metals items in any form. When you want to add precious metals to enhance your portfolio, we are ready to serve you and sell you genuine precious metals products.

 

2.   Binding Agreement

1. Read through the following Terms and Conditions thoroughly. They detail the legal framework for your transactions with Accurate Precious Metals, which we refer to as “We”, “Us”, or “Our”. These terms apply to you, the “Seller” or “Purchaser”. They apply to you as an individual. They also apply if you represent a corporation, LLC, partnership, or other entity.
2. By offering to sell or selling us bullion, you agree to our Terms and Conditions. The same applies if you want to buy bullion from us. You can engage with our company through our website, phone, in person, or over email, and any other tools or softwares that we might use now or in the future. By doing business with us or engaging with us; you acknowledge and consent to these Terms and Conditions. You agree that this agreement forms a legal contract between Accurate Precious Metals and you. It also binds the entity you represent, where applicable.
3. If you dont consent with any of the Terms and Conditions, you are forbidden from conducting any sales or purchases of bullion or any of the services provided by us Accurate Precious Metals. In such a case, it is imperative that you cease all use of but not limited to our websites, properties, or softwares forthwith.

 

3.   Precious Metals Trading Advisory

1. At Accurate Precious Metals, we understand that the bullion market ebbs and flows with periods of heightened activity. During busy market times or any time during our business hours, you may have trouble reaching us by phone or email. We are committed to a seamless trading experience. We will conduct all bullion trades or any services provided either in person or through the Accurate Precious Metals website. All services will require confirmation via digital signature or ecommerce confirmation prior to any payout or shipment of product.
2. Please be aware that Accurate Precious Metals upholds a strict policy regarding the conduct of precious metals trades or any services we offer. To keep transactions secure, we do not allow or do trades or services by any methods outside of our designated platforms or in person. We appreciate your understanding. We are dedicated to giving you reliable and trustworthy service. This is true no matter the market.

 

4.   Binding Bullion Transaction Policy

1. Accurate Precious Metals holds a high reputation in the precious metals market. We have built this on transparancy, trust, consistancy and reliability for our clients. We are committed to upholding these standards. So, we make clear, binding agreements for all transactions.
2. When you sell precious metals to or buy it from Accurate Precious Metals in any form, you are entering into a binding contract. This confirms your agreement to complete the sale or purchase. You must strictly follow our agreement’s terms.
3. You understand: once you commit to any transaction, you must follow through and fulfill every detail that is apart of the transaction. Clients may not cancel or alter the agreement in any fasion. However, Accurate Precious Metals reserves the right to cancel any order at our discretion. We do this while keeping our dedication to customer service and market fairness. Should you complete your purchase and later decide to sell, return, or exchange the bullion or product back to us, we will accommodate your request in line with our Buyback Terms, thereby ensuring a seamless and secure trading experience.

 

5.   Electronic Transaction Confirmation Policy

1. Accurate Precious Metals is committed to providing a clear and concise record of your transactions with us. Following the finalization of your transaction, we will issue an email or print a paper copy if requested reflecting the complete details of your order or services with us, whether involving a sale to us or a purchase from you.
2. Its important that the validity of your transaction with us is not contingent upon the receipt of this email confirmation or printed copy. Failure to receive any confirmation email, or printed receipt regardless of whether its Accurate Precious Metals fault or on your end, does not void, cancel, or nullify the transaction. Your obligation to proceed and fulfill the shipping of metals or items to us or finalizing the payment for metals or items from us remains binding and expected within the specified timeframe and agreed upon details of the transaction.
3. It is imperative that you adjust your email in your account settings to allow for uninterrupted delivery of communications from Accurate Precious Metals about your orders. This includes updating your address books and modifying any filters that may obstruct our emails and attachments from reaching you within your email. Taking these precautions ensures compliance and updates with your transactions and adherence to our Terms and Conditions. We do not take responsibly for any delay in your service or orders because your email, phone, or address was not updated or not functioning correctly.

 

6.   Bullion Shipping Protocols

6.1 Seller Shipping Commitments

1. Timely Shipping Requirements: As a seller to Accurate Precious Metals, you are obligated to ship your bullion or any items being sold to us within two (2) business days from the date of the transaction agreement. A tracking and confirmation receipt showing that the items have been shipped and handed over to the carrier must be provided to Accurate Precious Metals. This receipt of shipment ensures that your delivery is on time and meets our insurance requirements within the agreed parameters.
2. Verification & Fulfillment of Purchase Orders: Purchase Order that we issue constitutes the terms of sale from the customer and has the agreed or estimated pricing, which remains subject to market fluctuations until the sale is finalized once we receive the metals. The items outlined in the Purchase Order must correspond precisely with what you intend to send to us. Should you decide to use the shipping label provided by Accurate Precious Metals, the Purchase Order must be signed prior to shipping the package to ensure insurance coverage on your items. Your signature on the purchase order confirms your agreement to the terms that the insurance is in effect for the transit of your items.

 

6.2 Buyer Purchase and Delivery Assurances

1. Processing Payment Confirmations: Clients purchasing items from Accurate Precious Metals, we process orders after payment has been confirmed and cleared. If payment is delayed in the confirmation process either by the client or the clients’ financial institution all orders will be subject to delays as inventory will not be held longer than payment deadline requirements. ‘Confirmed payment’ refers to the preliminary validation conducted by our software and security systems, which includes fraud prevention and address verification at the checkout stage upon placing the order through or website ecommerce platform or any platform utilized to place order with Accurate Precious Metals. ‘Cleared payment’ indicates that Accurate Precious Metals has completed a thorough manual assessment of the payment’s authenticity and the payment method utilized. All payments and payment methods are subject to additional scrutiny and may be held for further inspection. The handling and preparation timeframe for shipment of your bullion, post-payment clearance, is between three (3) to six (6) business days excluding the actual shipping time.
2. Accuracy and Availability for Receipt of Delivery: It is important that the provided shipping address and details are correct and that you or a designated person are present to receive the package. Any changes to the delivery, added instructions, or failure to be present for the delivery may transfer the risk of loss or damage to you solely. Should your bullion or items face a delay of more than forty-eight (48) hours from the estimated arrival time, you must notify Accurate Precious Metals promptly to ensure that the address is correct and that our staff can help fix the situation and figure out why there is a delay.
3. In Event of Order Shipment Delays: Should there be any delays in packaging and shipping your order due to, but not limited to, inventory constraints, unexpected occurrences, or force majeure events, after the order was placed or payment has cleared. Accurate Precious Metals will communicate the revised expected delivery dates. We can offer you the option to go with our Buyback Terms if you decide that you do not wish to await the adjusted expected delivery date.

 

6.3 Insurance and Claims Cooperation

1. Comprehensive Shipping Insurance: In the rare situation that a shipment to or from us is misplaced or sustains damage. Be assured that all shipments that follow our policies are fully insured. Accurate Precious Metals will evaluate the situation and decide on the best course of action, which may involve resending the intended items or proceeding with a claim through our insurance provider. By accepting these terms and conditions you agree to be actively engaged in the claims process; by supplying all requested information and abiding by the instructions given by our insurance company, local law enforcement, the carrier, or other involved entities. Your cooperation is vital to a quick and successful resolution of any insurance claims.

 

7.   Precious Metals Transaction Termination Policy

1. By entering into a transaction involving the sale to or purchase from Accurate Precious Metals, you are irrevocably bound by a legal contract to either deliver the agreed quantity and quality of precious metals to us or complete the purchase from us, as specified in our agreement. THIS AGREEMENT IS FINAL AND CANNOT BE UNDONE.
2. If you choose to cancel your transaction or fail to ship the precious metals within two business days (further details can be found in the “Bullion Shipping Protocols” section), we will officially close out your transaction. This closeout will be based on the prevailing market price at the time of the closeout.
3. In cases where the market price at liquidation is advantageous to Accurate Precious Metals, any resulting profits are to be retained solely the property by Accurate Precious Metals. This applies whether we are in the process of selling to or buying from you. On the other hand, if the liquidation results in a loss compared to the agreed price including any fees from our vendors or 3rd parties in addition to market movements, you, the customer, will bear full responsibility for the difference. You agree to pay this amount, along with any legal expenses and related costs Accurate Precious Metals may incur while seeking to collect these funds from you. Your acceptance of these terms is a condition of your transaction with Accurate Precious Metals.

 

8.   Precious Metals Return Policy

1. Accurate Precious Metals prides itself on customer satisfaction, offering a return policy that aligns with our buy-back policy and accommodates market fluctuations. Customers may return products for store credit, a refund, or an exchange, with adjustments for any market loss.
2. In the event that you are dissatisfied with your purchase, you must notify our customer support team [email protected] within two (2) business days of receipt. We will then provide a return shipping quote and information regarding any market loss adjustment that might reduce your return value. Once you give your approval, we will issue you a return shipping label. Returns shipped with our label are insured; however, if you opt to use your own shipping method, Accurate Precious Metals is not liable for any loss or damage that occurs during shipping.
3. Returns must be in their original packaging and condition (and sealed, if they were sealed at the time of purchase). Following verification that the returned items meet these criteria, we will process your store credit, refund, or exchange as per our buy-back policy.
4. All orders, including those that are canceled or for which refunds are issued, will be shipped if not canceled prior payment being cleared. Once payment is cleared all orders will be sent for preparation to be packaged. Customers must return items following the provided instructions once they receive the items. We reserve the right to refuse returns that are not insured by us the arrive damaged. Original transaction fees are non-refundable, and credit card or PayPal refunds are subject to a 4% restocking fee. In the absence of a suitable exchange item, a refund will be issued.
5. Please be aware that Accurate Precious Metals reserves the right to refuse any refund or exchange requests if the customer has not notified us and received authorization of returning prior to shipping items back to us. Unauthorized returns may be declined and any associated costs will be the responsibility of the customer.
6. All Products are eligible to be processed through our Buybuy policy and process. Allowing customers to sell all their items back to us.

 

9.   Privacy

1. We at Accurate Precious Metals, prioritize the secure handling of your personal information which may be gathered to streamline our services. The information that is gathered is not exclusively limited to; personal data like your name, affiliated organization or company, email address, contact number, mailing and invoicing details, shipping addres, billing address, country of residence, payment card used, card number, expiration date, and associated security code. Additionally, bank records might be retained to validate your interactions with us, this is an essential step for staff training, internal audits, quality control, compliance with evolving legal requirements, and needs to validate the identity of our clients and to prevent identity and financial fraud.
2. Personal information collected by Accurate Precious Metals is protected with the high web security and is safeguarded. This does not void or replace our existing Privacy Policy but serves as an additional clarification to our privacy policy. To review our complete Privacy Policy, we invite you to follow the provided link: Privacy Policy.
3. By doing a business with Accurate Precious Metals, you are agreeing that the following:
   1. (a) your agreement to the gathering, usage, and sharing of your personal information as specified in these Terms and within our Privacy Policy.
   2. (b) the responsibility to ensure all provided information is authentic, up-to-date, and accurate.

10. Transactions and Payment Terms

10.1 Seller Payment Terms

Upon your agreement to sell bullion to Accurate Precious Metals:

1. Pyout of Funds: You have two options to receive payment for your bullion being sold to us. The first payment option is a mailed check, this does not have additional fees but may take longer to receive due to postal transit times. The second option is a wire transfer, which has a processing fee of $50, this fee will be deducted from the overall purchase price once you agree upon the price by signing our purchase order and we confirm the authenticity of the product.
2. Payment Schedule: Accurate Precious Metals processes your payment within one to two business days once we receive and verify the bullion you have shipped to us.
3. Currency: All payments will be paid strictly in United States Dollars (USD $)
4. In-Person Transactions: If you opt to personally deliver the bullion to our office building, you must adhere to the previously agreed-upon schedule with our sales representative. In the absence of such an agreement, Accurate Precious Metals expects delivery within one business day of the transaction. This means that if you are delivering the product in person you must bring the product into our facility within 1 business day.

10.2 Purchase Payment Terms

Purchases of bullion or Items from Accurate Precious Metals:

1. Payment Obligations: Full settlement for bullion or Items shall be paid immediately. Our website will not allow you to place orders without it or the commitment of payment. Depending on the payment type you select all payments must be paid, unless you are paying via Wire or Check. Please refer to our payment terms page to have clear instructions and understanding of each payment method.
2. Payment for all fees: Your payment must cover the entire sum due, inclusive of the bullion or all product(s), shipping, handling, and any additional fees as shown in the orders or sales orders either by the ecommerce website or by digital signature sent by Accurate Precious Metals.
3. Transaction Issues: If you anticipate your payment to be delayed or have complications, you must immediately communicate with Accurate Precious Metals. This is imperative to ensure your order price doesn’t change for your product. Neglecting to disclose payment delays might invoke the ‘Involuntary Liquidation of Your Order’ policy which will incur fees and market losses that the client will be obligated to cover and pay.
4. Currency Options: Payments must be made in US Dollars (USD).
5. Payment Verification: Once we receive your full payment, Accurate Precious Metals will secure both your funds and the ordered bullion or items during the clearance/hold period associated with your chosen payment method. Once your payment has been cleared the holding period depending on the payment method you selected; we will then release the items to be shipped. Any delays in payments being cleared due to the customer failure or their banking institution can make the order subject to “Involuntary Liquidation of your Order” policy or your items might be used to fulfill other orders and placed back in line to be fulfilled which will delay delivery.
6. Non-Sufficient Funds (NSF): Any payment returned to us due to NSF will result in a $150 administrative fee added to your order, which you will be responsible for paying. We reserve the right to hold/freeze shipping for any order prior to fee being paid.

10.3 Fraud Prevention and Prosecution Rights

Accurate Precious Metals is committed to the integrity and Authenticity of all transactions:

1. Fraud Monitoring: We reserve the right to actively monitor, hold, cancel, report, and prosecute both suspected and actual fraudulent activities.
2. Transaction Verification: We may request additional verification, such as phone confirmation, among other information, as we deem necessary. By agreeing to our Terms & conditions you must provide addtional identification if required. Once you agree to an order you must fulfill all payment in addition to any identity verification documentation that Accurate Precious Metals requires to validate the customers identity and verify that we are dealing directly with the client and that that provided information is accurate and not fraudulent.
3. Right to Cancel or Recall: Where fraud is suspected, Accurate Precious Metals reserves the right to cancel, delay, refuse to ship, hold, or recall any shipment at our discretion.
4. Information Sharing: During the transaction, certain information may be collected to assist in locating and identifying individuals that might be involved in fraud. We reserve the right to provide all pertinent transaction records to law enforcement, credit card companies, or financial institutions for investigation purposes to prevent fraud. We do not willingly give customer data to any institution unless there is a warrant issued. If WE suspect fraud, identity theft, hacking, or flat out theft by but not limited to redirecting shipping addresses and trying to steal customers orders or payment methods. This is when we will pursue law enforcements help and institutions to get involved.
5. Cooperation with Law Enforcement: We will fully cooperate with the authorities in prosecuting any individual engaged in fraudulent or illegal activities to the fullest extent of the law.

11. Bullion Inspection, Rejection, and Insurance

11.1 Inspection Authority

1. Mandatory Inspection: Once we receive your bullion, we are will conduct a thorough inspection. We reserve the right to refuse, alter, or terminate our agreement should the bullion be delayed, not match the description give by the customer, exhibit wear beyond standard industry standard, fail to meet the specifications set forth in our Terms and Conditions.
2. Required Timeliness: You are contractually bound to ship your bullion or items within two business days of the agreement’s initiation. You must ensure its delivery to us is no later than ten business days from the transaction’s signature date.

11.2 Insurance and Packing Standards

1. Insured Shipments: Shipments sent with our provided labels are covered by insurance, and are fulling insured against in-transit loss or damage.
2. Packing Standards: Insurance protection is only coved if you comply with our packaging guidelines. Any deviation from these guidelines will result in the refusal of the shipment and forfeiture of the insurance coverage if improper packing is determined to be the cause of damage or loss.

11.3 Non-compliance and Rejection

1. Rejection & Returns: We reserve the right to reject goods that arrived damaged and return them to you. It is your responsibility to contact us immediately to facilitate either a re-shipment or the resolution of the transaction at hand. Should we not receive communication from you by the eleventh business day post original transaction, the agreement is subject to involuntary termination and liquidation.

11.4 Rectifying Discrepancies

1. Resolution: In the event of a discrepancy, we will contact you to come to an expedient resolution. Customers must have photos ready for their items to help in the process.
2. Assay Right and Costs: We reserve the right to send bullion or any item to be assayed should its authenticity or purity be in question. You will bear the full cost of such assays and procedures including shipping and handling.
3. Deduction of Incurred Fees: We are entitled to deduct any relevant fees incurred, including assay costs, from the payment owed to you according to the purchase order in effect.
4. Accurate Precious Metals & our insurance does not cover and will not cover any value or fees for any item but not limited to that is deemed fake, non-authentic, not real, not up to industry purity standard. Accurate Precious Metals will ship the fake items back at the customers expense.

12. Mandatory Packaging and Shipping Conditions for Bullion Sales

12.1 Requirements for Shipping Bullion & Items

1. Packaging Requirements: If you’re selling bullion to Accurate Precious Metals and not personally delivering it to our store. You must strictly follow the Packaging Guidelines, which are apart of the shipment instructions and label details we provide. These guidelines and instructions are designed to ensure your bullion or items are securely packaged for shipping to our office shipping and receiving center.
2. Insurance Mandate: If you do not use our shipping label. We strongly recommend you buy full insurance coverage for the package being ship through the carrier. This is an essential for protection of your assets.
3. Detailed Packing Slip: It is essential that you include a complete and detailed packing slip or the purchase order with your shipment. This document must list all items within the package and, at the very least, your name, complete mailing address, and a contact telephone number. Failure to comply with these packaging and documentation standards may result in the rejection of your shipment and potential forfeiture of your insurance coverage if we provided a label.
4. Using your own label: If we did not provide the shipping label for your shipment. You must send us the tracking number so our team can track the item and prepare for its arrival. If your item we receive is damaged; we reserve the right to reject the package. If we do decide to recieve the package then we will not open the package and take photos of the damage. We will then send you photos and wait for your signed approval to open the package. by signing this approval for opening your damaged package we are not liable for any lost, missing, or damaged items.

13. Buyback Terms for Purchased Bullion

13.1 Conditions for Bullion Resale to Us

1. Option to Resell: Upon completing the full payment of your bullion order, you retain the option to resell the bullion to us, whether we have shipped the items to you or not. We will repurchase the bullion based on the going rate for such transactions at the time of the buyback request. Once an order’s payment has cleared we can not guarantee that the items will not be shipped out. If this is the case then you the customer will have to ship the items back to us if you have agreed to a cancelation, buyback agreement, or return.
2. Initiating a Buyback: Should you wish to exercise the buyback option of your paid bullion order, it is necessary to reach out to us for a discussion regarding the process. Our terms and guidelines for purchasing your bullion will apply to this transaction.
3. Dynamic Terms: Be advised that the Terms and Conditions governing our acquisition of your bullion may undergo revisions, which we may enact at our sole discretion.
4. Securing a Quote: To obtain current pricing and a definitive quote for the buyback, please engage with our team. You are welcome to do so via our official website or by contacting us directly by phone.

 

14. Involuntary Cancellation and Liquidation Policy

 

14.1 Mandatory Resolution for Unfulfilled Bullion Sales

 

1. Compulsory Cancellation: Consistent with the provisions outlined in our Terms and Conditions, should you fail to fulfill the delivery of bullion in accordance with our agreed-upon terms—complete and punctual—we are obligated to forcibly cancel and liquidate the transaction as of the 11th business day from the date of the original transaction.

 

2. Completion Milestones: A transaction is deemed complete once we have verified receipt of the bullion for purchases by us from you, or once we have confirmed receipt of payment in our bank or payment method for sales from us.

14.2 Financial Repercussions for Non-Delivery

 

3. Charge to Your Credit Card: In instances where you do not deliver as promised, we will impose a charge on your credit card. The charge reflects potential market losses calculated from the transaction date up to the point of non-fulfillment.

 

4. Market Loss Calculation: Market loss—or gain—is determined by the difference between the fixed transaction price and the closing market price of the bullion as measured by the London Fix on the 11th business day following the transaction date. Any Profit made or any benefits in favor will stay the property of accurate precious metals if determined that the transaction was not fulfilled. Any losses incurred for failure to deliver the client will pay market loss and will be liable for all legal fees and collection fees accumulated in efforts to collect payment from you the client.

 

5. Scenarios of Market Fluctuation:
   • Market Increase: If the market value increases since your order, you will incur:
     • A cancellation fee of $50.00, plus
     • The market difference calculated at the market closing price on the 11th business day after your order. You will be liable for any differences in costs or losses if not in favor for Accurate Precious Metals and any profits/benefit in market increase will stay sole property of Accurate Precious Metals.
   • Market Decrease: If the market value decreases since your order, you will incur:
     • A flat cancellation fee of $50.00, with no benefit from the market decrease. You will be liable for any differences in costs or losses if not in favor for Accurate Precious Metals and any profits/benefit in market decrease will stay sole property of Accurate Precious Metals.

 

14.3 Terms for Sales Orders/Invoices Non-Payment

 

6. Right to Market Liquidation: Should you neglect to fulfill payment for a bullion purchase as mandated by these Terms and Conditions, we retain the discretionary right to liquidate your order at the prevailing market value.

 

7. Absence of Value Maximization Obligations: We are not obligated to take measures in an attempt to optimize market value for your defaulted order and bear no responsibility for the outcome of such value.

 

8. Financial Responsibility: You remain liable for the agreed value of your order as confirmed through the purchase order. This liability encompasses the obligation to compensate us for any shortfall should the liquidation value fall below the initially agreed price. The client will be liable for any market losses. If the client does not pay for the penalty fee of a minimum of $50 or 0.015% whichever is larger. In addition, the client is responsible for the different in market loss if the market drops and we do not receive payment. Any market gain is the sole property of Accurate Precious Metals, and the client has no right to this gain and is still liable for the penalty fees. The client

 

14.4 Credit Card Charges for Outstanding Amounts

 

9. Use of Your Credit Card: The credit card details you have provided will be utilized to recoup any outstanding amounts due to us, as per the involuntary liquidation process.

 

14.5 Multi-Order Payment Fulfillment

 

10. Shipments on Hold: Should you have multiple orders, with some paid and others unpaid, we may defer shipping of the paid orders until full payment for all orders is received.

 

11. Allocation of Funds: We reserve the right to use payments from fulfilled orders to offset amounts owing on unpaid orders. Any remaining balance due post-allocation may result in the forced liquidation of the necessary quantity of bullion to settle the total outstanding amount.

 

14.6 Loss or Gain Determination

 

12. Value Calculation: The loss or gain for the purpose of involuntary liquidation is computed based on the difference between the initial agreed price for the bullion and its market value at the time of liquidation. Does not include to any penalty fees that are added due to failure to complete transaction.

 

14.7 Reinstating Liquidated Orders

 

13. Order Reinstatement: If you wish to reactivate your liquidated orders, please reach out to customer support at Accurate Precious Metals. Orders will be reactivated at either the original price or the current market price, whichever is higher at the time of reinstatement. While outstanding market loss will be waived for reactivated orders, it is required to provide valid credit card information for reinstatement.

 

15. Explicit Reservation of Rights

 

15.1 Comprehensive Rights Assertion

 

Beyond the rights already specified within these Terms of Purchase, Accurate Precious Metals categorically maintains the rights listed below:

 

15.2 Service Discretion

 

14. Service Refusal: We have the unequivocal authority to deny service to any entity or individual as we deem fit, without needing to disclose the reasoning behind such decisions.

 

15.3 Order Accuracy and Correction

 

15. Rectification of Errors: We hold the autonomous right to rectify any transaction in the event of manifest mistakes or computational errors, irrespective of the origin of the error. Prompt efforts will be made to inform you of any revisions pertaining to your transaction.

 

15.4 Transaction Termination

 

16. Cancellation Rights: We retain the unassailable right to annul any ongoing transaction for reasons within our own judgment. Upon exercising this right:

 

17. For Bullion Sales to Us: Should the transaction involve your sale of bullion to us, we will either return the bullion or its current monetary equivalent, subtracting any costs or fees incurred due to the order’s cancellation. You are obliged to promptly reimburse any payments received from us.

 

18. For Bullion Purchases from Us: If the transaction entails your purchase of bullion from us, we will refund the payments you have made towards the order, minus any applicable costs or fees due to the order’s annulment.

 

15.5 Payment Method Specification

 

19. Wire Payment Requirement: In circumstances where you are purchasing bullion from us, we reserve the discretionary right to stipulate payment through bank wire transfer.

 

15.6 Withholding and Offset Rights

 

20. Withholding for Multiple Orders: When you have multiple orders with us, either buying or selling, and fail to meet the obligations of these transactions, we retain the right to suspend shipment or payment for any compensated or delivered orders until all pending orders are satisfactorily resolved. This includes the:

 

21. Right of Offset: Defined here as the authority to apply any proceeds from your fulfilled orders towards the settlement of any unfulfilled orders. Should there be a residual balance owed to us, we may proceed to an involuntary liquidation of the debt. Conversely, if there remains a balance to be shipped or paid to you, we shall proceed with the delivery or payment accordingly.

 

15.7 Payment Withholding for Identification Verification

 

22. Identity Verification Hold: We maintain the right to withhold payment to you or to forcibly cancel or rescind any transaction if any requested documentation, including but not limited to identification, remains outstanding at the time of transaction or when demanded by us.

 

15.8 Late or Defective Payment Discretion

 

23. Payment Acceptance or Rejection: In the event of your bullion purchase from us, we have the absolute discretion to:
    • Accept any payment that is late or deficient, or
    • Refuse any payment that is late or deficient.

 

15.9 Verification Hold

 

24. Payment Verification Hold: If you purchase bullion from us, we reserve the right to retain any payment received until such time as it is authenticated and cleared, or until you have provided valid credit card details for verification. This is a measure to deter fraudulent activities and such holds will be promptly removed once validation is complete.

 

15.10 Time Calculation Protocol

 

25. Time Periods: For any time computation referenced in these Terms and Conditions, the initial day will be the first business day after the transaction is made. If the conclusive day falls on a weekend, federal holiday, or a day when the London Metals Market Fixing is closed, the deadline will be extended to the subsequent operational business day.

 

 

16. Spot Alert Pricing Service Provisions

 

16.1 Alert Service Dynamics and Limitations

 

26. Market-Responsive Pricing Updates: The spot pricing provided by Accurate Precious Metals is refreshed every minute in correspondence with live international market activities. In subscribing to our pricing alert service or the use of any live market data on our website or services of any kind, you acknowledge the possibility of receiving alerts at any moment, regardless of the time of day or night. It is critical to understand that these alerts do not fixate the price for transactions concerning the purchase or sale of precious metals, nor should they be interpreted as advice or recommendations for any specific financial maneuvers. This feature is designed to serve solely as an informational resource.

 

16.2 Reliance and Decision-Making

 

27. Informational Accuracy and Decision Responsibility: While we strive to keep you informed, Accurate Precious Metals does not guarantee the absolute precision or completeness of the information conveyed through the spot alert pricing service. This service is not intended to be a solitary tool for market tracking and should not be used as a replacement for your own vigilant market analysis. You fully accept that you bear exclusive responsibility for monitoring market conditions and making all corresponding investment or related decisions. Further, Accurate Precious Metals will bear no liability for any monetary gains or losses—or any other types of liabilities—that you may experience as a result of or in relation to the employment of this pricing alert service.

 

16.3 Service Continuity and Electronic Delays

 

28. Operational Assurance and Electronic Disruptions: It is explicitly acknowledged that technological services, including our spot alert pricing service, are susceptible to occasional delays and operational failures which fall beyond our control. Consequently, we do not vow that the service will be constant or exempt from malfunctions. You also recognize that any alerts received may be subject to standard rates as per your telecommunications carrier’s SMS or messaging plan.
29. In availing yourself of Accurate Precious Metals’ spot alert pricing service, you are assenting to these terms, which encompass the outlined scope of service, disclaimers concerning information accuracy, limitations on liability for decision-making based on provided alerts, and the acceptance of potential electronic service delays and applicable messaging fees.

 

17. Unmatched Price Assurance

 

17.1 Assurance of Competitive Pricing

 

30. Price-Match Commitment: Accurate Precious Metals pledges to match the all-inclusive advertised price of any credible competitor for any item we stock. The term ‘all-inclusive’ encompasses the entirety of the competitor’s price once their shipping and insurance fees have been incorporated.

 

31. Exact Price Alignment: In the event that our competitor’s comprehensive pricing remains inferior to ours, we commit to adjust our price to be precisely equivalent, down to the last cent. This price guarantee is exclusively accessible for bullion purchases made over the phone with our sales team.

 

17.2 Conditional Guarantee Suspension

 

32. Suspension Clause: We retain the prerogative to temporarily revoke this guarantee in periods of pronounced market fluctuations or when there is a disruption in bullion supply. This conditional suspension is to maintain our fiscal prudence in the face of elevated market precariousness.

 

33. Guarantee Reinstatement: The reactivation of this guarantee will be at our discretion, once market activity stabilizes and resumes its regular course.

 

18. Policy on Promotional Codes and Price Reductions

 

18.1 Provision of Promotional Benefits

 

34. Coupon Code Availability: As part of our marketing initiatives and to appreciate our customers, Accurate Precious Metals offers promotional coupons from time to time. These coupons can be used towards purchases made with our company. Coupons are subject to an expiration date or a usage cap, whichever comes first, unless declared otherwise.

 

18.2 Coupon Management Rights

 

35. Discretionary Control Over Coupons: We retain full discretionary authority to enable or disable the availability of promotional codes, both current and future releases, as we consider appropriate. Our decisions to manage coupon availability are made autonomously.

 

18.3 Customer Guidance

 

36. Coupon Inquiries: Should you require clarification or assistance related to any coupon, we invite you to contact our customer service representatives using 5034005608.

 

18.4 Currency and Conversion Stipulations

 

37. Currency Specification: All promotional discounts and coupons are denominated in U.S. dollars. We do not offer the option to convert these values to any other currency.

 

19. Discretionary Customer Identity Verification Policy

 

19.1 Occasional Verification Policy

 

38. Conditional Identity Checks: Accurate Precious Metals reserves the right to conduct identity verification checks on a case-by-case basis at our sole discretion. You may be requested to authenticate your identity and the identity of any associated authorized individuals if and when we determine it necessary for maintaining the integrity of your account.
39. Verification on Discretion: Should we choose to verify the identities associated with your account, you will be required to provide but not limited to government-issued photographic identification and a document confirming your address and Identity.

19.2 Verification for Entities

40. Business and Trust Documentation: If the account is in the name of a business entity or trust, we may require documents including, but not limited to, trust agreements or corporate paperwork, along with identification of key individuals.

19.3 Request for Additional Information

41. Provision of Updated Information: Accurate Precious Metals may, from time to time, request additional information to keep customer records accurate and up-to-date or as compelled by legal and regulatory requirements.

19.4 Identity Verification Authorization

42. Third-Party Inquiry Consent: By opening an account with us, you consent to Accurate Precious Metals seeking additional information from third parties to corroborate your identity if deemed necessary.
43. Cooperation with Compliance Requests: You are to cooperate fully with all requests for information that assist in ensuring compliance with applicable legal and regulatory standards.

19.5 Suspension and Rectification

44. Account Activity Hold: We may place a hold on account activity, including the ability to transact, if discrepancies in your identity or account information arise, for a period necessary to resolve any issues, not to exceed 60 days.
45. Fund Rejection and Indemnity: Accurate Precious Metals may refuse transactions or return funds if proper payment details are not provided. You will bear responsibility for any associated fees and agree to indemnify us against losses resulting from incomplete or incorrect information.

19.6 Notification of Account Credit Errors

46. Error Reporting Duty: In the event of an erroneous account credit, you are obligated to alert Accurate Precious Metals within 24 hours and assist in redirecting the funds to the appropriate party.

19.7 Transactional Integrity

47. Trade Order Acceptance: Accurate Precious Metals retains full discretion to accept or reject trade orders, and is not liable for any loss due to unfulfilled trade instructions, transactions, or orders.
48. Suspension Rights: Account suspension or closure remains at our sole discretion for a variety of reasons, including but not limited to the protection of Accurate Precious Metals or its clientele.
49. Legal Cooperation: Accurate Precious Metals is committed to anti-fraud measures and legal cooperation in cases of suspected illicit activities involving customer accounts. We require that all clients must comply with any paper work or identification verification process needed.

Your engagement with Accurate Precious Metals indicates your acceptance of these discretionary verification terms as integral to upholding the quality and legality of our services.

 

20. Enhanced Governing Law and Dispute Resolution Policy

 

20.1 Binding Arbitration and Dispute Resolution

 

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW LEGAL CLAIMS BETWEEN YOU AND ACCURATE PRECIOUS METALS ARE RESOLVED.

 

50. Mandatory Individual Arbitration: You (the client) and Accurate Precious Metals agree that any dispute, claim, or controversy arising out of, or relating to, these Terms and Conditions or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, will be determined by mandatory binding individual arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this commitment to arbitrate.

20.2 Waiver and Legal Proceedings

51. Jury Trial Waiver: Both parties agree, to waive the right to a trial by judge or jury for all disputes, except for those relating to the enforcement or infringement of either party’s intellectual property rights (SUCH AS COPYRIGHTS, TRADEMARKS, DOMAINS, LOGOS, TRADE DRESS, TRADE SECRETS, AND PATENTS). This encompasses disputes not limited to concerns over rights of privacy and publicity, and they will be resolved through final and binding arbitration, which is more limited, efficient, and less costly than court procedures and is subject to very limited judicial review.
52. Equitable Remedies: Accurate Precious Metals retains the right to seek both interim and permanent judicial relief to enforce compliance with these Terms and Conditions or to safeguard against infringements of a third party’s rights. In the pursuit of such relief, you concede without reservation to the exclusive jurisdiction of the appropriate courts within the State of Oregon and waive any objections or defenses regarding jurisdiction or venue.

20.3 Individual Claim Mandate

53. This section means that when you (the client) agree to the terms and conditions of Accurate Precious Metals, you are agreeing to give up your right to be part of a class action lawsuit or any joint claim with other people. If there is a dispute, claim, or controversy involving Accurate Precious Metals, you agree to address it individually through arbitration, which is a private dispute resolution process outside of the public court system. In other words, if you have a dispute with Accurate Precious Metals, you can’t join forces with other customers who might have the same issue and file a lawsuit together as a group (which is known as a class action) or combine your claims in any legal proceedings. Each case must be dealt with separately, with only you and Accurate Precious Metals involved.

20.4 Time Limit on Claims

54. Statute of Limitations: You (the client) agree that any claim or dispute arising from or related to these Terms and Conditions must be filed within one (1) year after such claim or dispute arose; otherwise, such claim is permanently barred, indicating that the parties must commence an arbitration proceeding within one year, or the dispute is forfeited completely.

20.5 Arbitration Procedures

• Accurate Precious Metals Chooses the Arbitration Provider: If there’s a dispute that goes to arbitration, Accurate Precious Metals has the authority to choose which arbitration service will be used and is not limited to choosing an arbitrator in Oregon. An arbitration service is an organization that provides arbitrators and a set of rules to conduct the arbitration.
• Following the Arbitration Provider’s Rules: The arbitration will be carried out according to the specific rules and procedures of the arbitration provider that Accurate Precious Metals selects. This ensures that both you and the company are following a consistent process that is recognized and structured.
• Role of the Arbitrator: The arbitration will be overseen by one arbitrator. The arbitrator’s job is to listen to both sides, consider the evidence, and make a decision about the dispute.
• In essence, this section means that if you (the client) are involved in a dispute with Accurate Precious Metals that goes to arbitration, the company will decide which arbitration service is used and the process will be managed according to that service’s specific rules, with a decision being made by the arbitrator.
• Arbitration Venue and Governing Rules: Unless specified otherwise by Accurate Precious Metals, the location for all arbitration proceedings will take place in Salem, Oregon. Unless specified otherwise by Accurate Precious Metals, the arbitration will be conducted in accordance with the Uniform Trial Court Rules (UTCR). These rules provide a standard set of procedures for managing legal disputes in Oregon’s trial courts.
• Consolidation of Proceedings: If there are multiple arbitration proceedings that relate to the same transaction, client/Customer or subject matter, these may be consolidated into a single proceeding. This consolidation will be ordered by the arbitrator, or, if they do not do so, the parties may seek such an order from a court with appropriate jurisdiction.
• Confidential Written Award: The final arbitration award will be documented in writing, signed by the arbitrator, and include details about the disposition of each claim. To the extent allowed by law, the award and the proceedings will be maintained as confidential.
• Initiation of Arbitration: To initiate arbitration, a notice (the ‘Notice’) must be sent via certified mail to Accurate Precious Metals at the following address:

 

Accurate Precious Metals

Attn: Accounting

1855 Hawthorne Ave NE

Salem, OR 97301

• If Accurate Precious Metals intends to seek arbitration, we will send the Notice to the current billing address on your account with us. The Notice must detail the nature and basis of the claim and the relief sought. If we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may begin arbitration proceedings.
• Survival of Arbitration Agreement: This arbitration agreement will survive the termination of your relationship with Accurate Precious Metals.

By agreeing to these terms, you acknowledge your obligation to resolve all disputes through binding individual arbitration, thus ensuring a fair and expedient resolution. This arbitration agreement reflects a mutual desire to expedite claim resolutions and limit lengthy legal proceedings. Your continued relationship and transactions with Accurate Precious Metals affirm your acceptance of these terms.

 

21. Restriction of Liability Clause

 

21.1 Financial Responsibility Cap

55. Monetary Limitation: Our financial responsibility for any transaction related to the purchase or sale of bullion is strictly limited to the initial agreed-upon purchase price for acquiring your bullion, or the agreed sales price for bullion we sell to you, whichever is pertinent.

21.2 Exclusion of Certain Damages

56. Non-Liability Statement: Accurate Precious Metals shall not bear liability for any indirect, incidental, punitive, special, or consequential damages, even if we have been informed of the potential for such damages. Additionally, we are not responsible for any delay or failure in the transmission, receipt, or completion of orders, payments, deliveries, or information arising from the malfunction or breakdown of computer or communication hardware or facilities, or due to circumstances beyond our reasonable control.

21.3 Jurisdictional Considerations

57. Regulatory Exceptions: We acknowledge that certain legal jurisdictions do not permit the exclusion or limitation of certain damages. If you reside in a jurisdiction where such exclusions or limitations on damages are not allowed, it is recommended that you consult legal counsel to fully understand and exercise your rights under the governing laws.

22. Indemnification Obligations

 

22.1 Indemnity Agreement

58. Obligation to Indemnify: You hereby agree to defend, indemnify, and hold Accurate Precious Metals, along with its parent entities, subsidiaries, associated companies, officers, directors, agents, employees, licensors, members, and shareholders, harmless from all claims, liabilities, costs, losses, suits, damages, or demands, including but not limited to reasonable legal fees. This indemnity is applicable to any third-party claims that are directly or indirectly connected to:
59. Content and Transactions: Any content or data that you send or receive through the transactions, products, and services provided under these Terms and Conditions,
60. Usage of Services: Your usage, acquisition, or sale of the products and services outlined within these Terms and Conditions,
61. Terms Violation: Any breach on your part of these Terms and Conditions,
62. Rights Infringement: Any infringement by you of someone else’s rights,
63. Misrepresentation: Any breach of representations or warranties that you have made to Accurate Precious Metals,
64. Non-fulfillment of Obligations: Your failure to fulfill your duties as set forth in these Terms and Conditions.

22.2 Rights of Accurate Precious Metals

65. Claims Handling: If you are compelled to indemnify Accurate Precious Metals under this clause, we retain the exclusive right to manage any such claims at your expense. You are not permitted to settle or otherwise resolve any claim without the explicit consent from Accurate Precious Metals.

 

23. Force Majeure Provision

 

23.1 Circumvention of Performance Duties

66. Interruption Clause: In the instance where Accurate Precious Metals encounters impediments in executing any clause of these Terms of Purchase or Sale due to a series of defined uncontrollable circumstances, including but not limited to, industrial actions such as strikes and lockouts, contentious labor disputes, unforeseen acts of a divine nature, insurmountable difficulties in procuring labor, materials, or fitting substitutes, enforced government limitations, commands or controls, cessation of trading activities by commodity exchanges in gold, silver, platinum, or palladium futures contracts—including interruptions in the delivery of the physical commodities underpinning such contracts—or if there are instances of failure or delays from our suppliers, hostile or enemy action from government entities, public uprisings, disturbances, conflagrations, catastrophes, widespread health crises such as pandemics, and other scenarios that are out of our realm of influence, all these shall serve to validate the suspension of our performance. Consequently, this will result in an allowance to extend our obligation to perform our duties and responsibilities within this agreement for a time span equivalent to the duration of any such prevention, impediment, or cessation.

23.2 Legal Shield in Event of Force Majeure

67. Liability Exemption: It is expressly understood that Accurate Precious Metals will not carry any responsibility or be held liable to any party for not executing its duties under this agreement in conditions where the failure to perform can be attributed to a force majeure event. This stipulation applies to a comprehensive range of legal liabilities, including those arising from contractual agreements, assurances made under warranty, tortious acts (inclusive of negligence), and any other conceivable legal claims or damages that may be asserted. Our company’s performance obligations under the stipulated Terms and Conditions are subject to this unequivocal limitation of liability, which is activated in direct response to any force majeure occurrences.

 

24. Comprehensive Agreement Declaration

24.1 Entirety of Agreement

68. Inclusive Contractual Terms: These Terms and Conditions, in unison with the Privacy Policy and any pertinent purchase documentation, encapsulate the entire and conclusive agreement between you and Accurate Precious Metals regarding transactions involving the procurement and/or offloading of precious metals. This agreement surpasses and renders obsolete all prior or simultaneous agreements, contracts, understandings, and representations, whether verbal or inscribed, in relation to the acquisition and/or divestment of bullion.

 

25. Recovery of Legal Expenses

25.1 Reimbursement of Enforcement Costs

69. Compensation for Legal Expenditures: In the event that Accurate Precious Metals must engage legal counsel to assert its rights as set forth herein, and should we achieve a favorable outcome in such enforcement, we are entitled to the recuperation of all reasonable expenses incurred, inclusive of costs and attorney’s fees.

 

26. Disclaimer of Warranties

 

26.1 Advisory and Execution of Transactions

70. Non-Advisory Role Affirmation: By engaging with Accurate Precious Metals for your trading needs, you acknowledge that our role is strictly limited to carrying out transactions as instructed through your Verified or Non-Verified Account. Accurate Precious Metals does not offer investment or trading advice, nor does it evaluate the suitability or potential value of any transaction or the decision to maintain a Verified or Non-Verified Account. All trade decisions are to be made by you independently, with you accepting full responsibility for the outcomes of such decisions. You confirm that you engage with Accurate Precious Metals on the basis of your own knowledge and experience in financial matters, understanding that we do not endorse any transactions related to the purchase or sale of bullion.

26.2 Investment Risk and Market Dynamics

71. Investment Risk Acceptance: You expressly understand and accept that trading in coins and bullion, as with all investments, involves risks affected by various market and economic forces that are not within the control of Accurate Precious Metals. Such risks can include, but are not limited to, shifts in bullion prices, the dangers associated with identity theft, market volatility, and the challenges encountered in both the digital and operational aspects of trading platforms. Faced with these risks, you acknowledge the necessity to rely on your own research and judgment when initiating any trade through your Verified or Non-Verified Account, and to seek independent financial advice as needed.

26.3 Accountability for Trading Actions

72. Personal Liability for Trading Consequences: You agree that any losses or adverse outcomes resulting from transactions initiated by you or an authorized person using your Verified or Non-Verified Account are your responsibility. Accurate Precious Metals bears no liability for losses or repercussions of the trading decisions you make.

26.4 Warranty Representations and Service Continuity

73. Scope of Express Warranties: The only warranties provided by Accurate Precious Metals concerning bullion transactions are those explicitly stated within these Terms and Conditions. Accurate Precious Metals removes itself from all other warranties, encompassing but not limited to guarantees of products’ merchantability or fitness for a particular use.
74. Operational Integrity and Website Accuracy: Accurate Precious Metals does not hold responsibility for any inaccuracies, disruptions, identity violations, or any unauthorized access or alterations that may occur in association with the use of our website or service. We maintain the right to discontinue website service without prior notice. Furthermore, while the website may offer forward-looking statements forecasting future events or performance, such statements involve inherent risks and uncertainties. You understand that actual results may differ significantly from any predictions due to factors beyond our control. We recommend a consultation with your financial advisor before making any bullion-related transactions.

26.5 Regional Variations in Warranty Applications

75. Regional Applicability of Warranty Statements: The application of the above-stated warranty limitations may vary based on local legal jurisdiction. In regions where the exclusion of certain warranties is not permitted, the aforementioned limitations to warranties may not apply to you to the extent of such legal prohibitions.

 

27. Assignment Clause

27.1 Rights of Transfer and Delegation

76. Accurate Precious Metals’ Assignment Authority: Accurate Precious Metals reserves the right to assign or delegate any of its rights, obligations, or interests under these Terms and Conditions at its discretion, without providing notification to you. Such assignments or transfers will not alter Accurate Precious Metals’ entitlements or the expectations set forth in these agreements.

27.2 Restrictions on Your Assignment Capabilities

77. User Assignment Limitations: As a user, you are not permitted to assign or delegate any of your rights, responsibilities, or obligations stipulated in these Terms and Conditions without obtaining express prior written consent from Accurate Precious Metals. The granting of such consent remains at the sole discretion of Accurate Precious Metals and may be withheld for any reason. Should an assignment or transfer be authorized, it is important to note that this does not discharge or mitigate any of your liabilities outlined in these Terms and Conditions.

 

28. Binding Effect Provision

28.1 Enforceability and Beneficial Rights

78. Binding Obligations and Advantages: All clauses presented within these Terms and Conditions shall be deemed enforceable and shall accrue to the benefit of both parties, including Accurate Precious Metals and yourself, along with our respective heirs, executors, administrators, successors, and permitted assigns. This enforceability and accrual of benefits are subject to adherence to all stipulations and limitations set forth elsewhere in these Terms of Purchase and Sale.

28.2 Scope of Conferred Rights

79. Limitation on Third-Party Benefits: It is explicitly stated within these Terms and Conditions that, aside from the provisions contained herein, there is no intention to bestow any additional rights or remedies upon any third parties, inclusive of our and your respective heirs, executors, administrators, successors, and permitted assigns. The rights and remedies are circumscribed solely by the specific rights and remedies outlined in these Terms and Conditions.

 

29. Invalid Provisions Clause

 

29.1 Severability and Modification for Validity

80. Severability of Terms: In the event a court or other body with appropriate authority deems any clause within these Terms and Conditions to be invalid or unenforceable in a particular circumstance, such clause is to be amended to the least extent required to reflect the original intentions of this agreement, ensuring that it remains valid and enforceable. Such modification will be limited solely to the provision in question and its specific application, without compromising the validity and enforceability of the remaining provisions of these Terms and Conditions or any other applications of the modified provision.

 

30. Time of Essence Clause

30.1 Punctuality in Performance

81. Critical Timing Requirement: For the obligations and commitments established by these Terms and Conditions, timely adherence is a crucial and fundamental requirement.

 

31. Statute of Limitations for Claims

31.1 Reporting Window for Order and Account Issues

82. Timeframe for Raising Concerns: It is incumbent upon you to present any concerns or discrepancies related to an order or your account directly to Accurate Precious Metals within a period not exceeding five (5) days following the date of shipment. This stipulated timeframe for notification applies to a variety of potential issues including, but not limited to, instances of damage to the product or its shipment, delays in delivery beyond the expected timeline, the absence of items or receipt of incorrect items within the shipment, as well as any entitlements to credits or promotional offers owing to delays or the consolidation of multiple shipments.
83. Scope of Reportable Matters: This notice period encompasses all manner of claims or grievances that you may wish to bring to our attention. It is essential that you make us aware of any such matters within the specified five-day period post-shipment to ensure the possibility of a timely and appropriate response or remediation. Issues not reported within this critical five-day window may not be eligible for review or rectification.
84. Requirement for Prompt Notification: Accurate Precious Metals emphasizes the importance of this timeframe as being essential for the maintenance of high service standards and for ensuring that any potential disruptions or inconveniences in our dealings with you are addressed promptly and effectively. Your prompt notification allows us to pursue the highest level of customer satisfaction and address any matters that may have affected the quality or accuracy of our service to you.
85. By adhering to this clause, you agree to the specific time limitation set forth for notifying Accurate Precious Metals of any disputes or issues that may arise in connection with the execution of your order or the handling of your account. Failure to comply with this timeframe can limit or extinguish the obligations of Accurate Precious Metals to engage with and resolve the reported issues.

 

32. Modification of Terms Clause

32.1 Authority to Amend Terms

86. Reserving Amendment Rights: Accurate Precious Metals maintains the unequivocal right to modify, revise, or update these Terms and Conditions at our discretion and at any juncture. It is understood and agreed by you that Accurate Precious Metals possesses this right and that changes to these Terms and Conditions may be enacted at any given time.

32.2 Acceptance of Revised Terms

87. Consent to Changes: By continuing your engagement with Accurate Precious Metals for the purchase or sale of bullion, or by the utilization of our website subsequent to the enactment of any revisions to these Terms and Conditions, you are affirming your agreement to be bound by the latest version of these Terms and Conditions. It is your responsibility to remain informed of any such changes by regularly reviewing these Terms.

32.3 Modifications to Services and Processes

88. Flexibility of Operational Adjustments: You further agree that Accurate Precious Metals has the liberty to alter, modify, or completely overhaul our website along with the processes that govern the purchase and sale of bullion. Such alterations can be made at any time, based solely on our discretion, and may be effected for any reason or without any specific reason, all without the requirement of prior notice to you.

32.3 Supplementary Terms and Policies

89. Incorporation of Additional Provisions: Additional conditions or policies pertinent to pricing, payment methods, refunds, cancellations, exchanges, and other related operational details may be instituted by Accurate Precious Metals. When such terms or policies are displayed on our website, they automatically become an integral part of these Terms and Conditions and are thereby enforceable as such.

 

 

SECTION 1: WEBSITE AND ELECTRONIC COMMUNICATIONS
1.1. Privacy Policy. Your privacy is important to us. Please review our privacy policy. Use of Accurate PMR’s website constitutes acceptance of our privacy policy.
1.2. Electronic Communications. By using Accurate PMR’s website and/or using electronic contracts for business with Accurate PMR via services similar to Docusign, you are communicating with us electronically and consent to receive communications from it electronically. You agree that all electronic communications including notices, disclosures, agreements, contracts, cancellation and market loss related policies that Accurate PMR provides to you electronically shall satisfy any legal requirements that such communications be in writing. By signing an electronic contract for Accurate PMR and/or creating an account on our website, you agree that Accurate PMR, and its designees and agents, may contact you by any available means, including, but not limited to, by phone, by text message, and by email.
1.3. Automated calls. By placing an order with Accurate PMR, you are giving express consent to Accurate PMR to use third party auto-dialer, voice broadcasting and/or automated phone services to contact the customer about an order placed with Accurate PMR. All calls with Accurate PMR are recorded. Accurate PMR will not use automated phone services for marketing/advertising purposes. The use of automated systems is only for information or updates about an order placed with Accurate PMR.
1.4. Spot Alert Pricing Service. Our spot prices are updated every 60 seconds, throughout the day, to reflect live global markets. As such, if you have opted to receive pricing alerts, your alert could trigger at any time day or night. This alert does not constitute a locked spot price for buying or selling, nor any type of recommendation for action of any kind. This service is provided for purely informational purposes. Accurate PMR does not warrant the accuracy or completeness of information through this service and it is not a substitute for your own monitoring of the market. You acknowledge that you are solely responsible for all monitoring and for all investment and other decisions based thereon, and that Accurate PMR has no liability for any market gain or loss, or any other liability, that you may incur as a result of or in connection with the pricing alert service. It is expressly understood that, like all services, the pricing alert service is subject to delays and to failures that are beyond our control. Accurate PMR makes no assurance that this service will be in continuous operation, nor suffer some malfunction. Your carrier plan’s SMS or phone message rates may apply in the event that you receive such alerts.
1.5. Mobile Message Service Terms. The Accurate PMR mobile message service (the “Mobile Message Service”) is operated by Accurate PMR. Your use of the Mobile Message Service constitutes your agreement to these terms and conditions (“Mobile Terms”). Accurate PMR may modify or cancel the Mobile Message Service or any of its features without notice. To the extent permitted by applicable law, Accurate PMR may also modify these Mobile Message Service Terms at any time and your continued use of the Mobile Message Service following the effective date of any such changes shall constitute your acceptance of such changes. Accurate PMR does not charge for the Mobile Message Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
1.5.1. Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Mobile Message Service provides promotions, specials, and other marketing offers. Message frequency varies. Click the Opt out or unsubscribe link provided with each text message sent; which will take you to opt out of all marketing from AccuratePMR. You’ll receive a one-time opt-out confirmation text message. If you have subscribed to other Accurate PMR mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Mobile Message Service support or assistance, email [email protected].
1.5.2. We may change any short code or telephone number we use to operate the Mobile Message Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
1.5.3. The wireless carriers supported by the Mobile Message Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages.
1.5.4. You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Mobile Message Service or from you providing us with a phone number that is not your own.
1.5.5. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Message Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Message Service.
1.6. Copyright. All content presented on Accurate PMR’s website, including, but not limited to, graphics, logos, images, audio clips, and slogans, are the exclusive property of Accurate PMR or its affiliates and protected by all applicable copyright and other intellectual property laws.
1.7. Your Online Account. It is your responsibility to maintain the confidentiality of your online account including username and password, and for restricting access to any computer you use to access your account or complete a transaction. By using Accurate PMR’s site, you agree to accept full responsibility for any activity which occurs on your account.
1.8. User Reviews/Generated Content. User reviews are the opinion of others and are not the opinion of Accurate PMR. Accurate PMR accepts no responsibility for the opinions of other users. Furthermore, user generated content may be published, used in adverts, shared or hosted on third party websites associated with Accurate PMR. Reviews can also be visible in public areas at Accurate PMR’s website to all visitors. You knowingly acknowledge Accurate PMR does not guarantee confidentiality with respect to any user generated content submitted through Accurate PMR’s website or affiliated third parties that Accurate PMR may use to collect said user generated content.

SECTION 2: TERMS OF PURCHASE
2.1. Purchasing from Accurate PMR. By placing an order through the Accurate PMR’s website, via telephone, or in person you (referred to in this Section 2 as the “Buyer”) agree to Accurate PMR’s terms and conditions and enter into a contractually binding agreement with Accurate PMR. Submitting an order through the website, by phone, or in person requires the Buyer to agree to our full terms of use including Accurate PMR ‘s order cancellation policy.
2.2. Payment. The Buyer agrees to send Accurate PMR payment as contractually specified: 1. Payment by Bank Wire must be sent within 1 business day (24 hours); 2. Payment by Personal Check, Company Check, Cashier’s Check, and/or Money Order requires express/next day equivalent shipping method, and the Buyer must send proof of payment for shipment of the check. Accurate PMR must receive the personal check, company check, cashier’s check and/or money order within 3 business days. Accurate PMR will not ship or release any items until after 10 business days from the day the personal check, company check, cashier’s check, and/or money order is received by Accurate PMR either in-person or by mail. 3. ACH direct bank withdrawal. The Buyer must provide bank account and routing information. Once received we then will issue a withdrawal from the customer’s account. We will need to verify bank account information via voided check to verify the bank information given is owned by the buyer and there isn’t any fraud. 4. Payment by Cash, we accept any amount of cash but all orders $10,000 or higher we require an 8300 form to be processed. We will require the clients SSN, DL, and to sign document that all information is accurate and current.
2.2.1. Accurate Precious Metals reserves the right to hold product from being delivered to client to verify any payment method and to clear funds.
2.3. Accurate PMR’s hold period for the Buyer’s product is minimum 2 weeks from the time of payment.
2.4. Cancellation by Accurate PMR. Accurate PMR reserves the right in its sole discretion to cancel Buyer’s order, including, but not limited to, for orders that are deemed questionable, suspicious, too significant of risk, incorrect in confirmed price, or are not paid within the time required under Section 2.2 above and to use any banking or financial means possible to recover monies owed to Accurate PMR. Accurate PMR reserves the right to decline, refuse or cancel any order with or without reason, regardless of payment method, or order confirmation.
2.5. Cancellation by Buyer. All Sales are final, we do not accept any cancellations once an agreement is signed. These are binding agreements, and all orders must be fulfilled. Once the agreement is signed, we place a binding order with our supplier and we all must perform. Accurate PMR will evaluate any request to cancel an order on a case-by-case basis and only under extraordinary circumstances will a cancellation be approved. Buyer will pay a cancellation fee of $50.00 plus the market loss, if any. “Market loss” is defined as the amount the price increases from the locked spot price of the metals at the time of the order to the spot price of the metals at the time of cancellation. In the event that the price of the metals decreases from the time of the order to the time of the cancellation, such market gains will remain the property of Accurate PMR and Buyer will pay the $50.00 cancellation fee. The balance due to Accurate PMR is to be paid within one (1) business days. If Accurate PMR does not receive payment within this timeframe, Accurate PMR reserves the right to send customer accounts to collections to retrieve such cancellation fees. Any cost of collections activities, including attorney fees, to Accurate PMR will be added to the balance due. In the event the buyer has already made a payment or paid in full but wishes to cancel the transaction prior to receiving items (if the cancelation is approved by Accurate PMR) then Accurate PMR will deduct the balanced owed in fees to Accurate PMR from the balance being returned to the buyer.
2.6. Taxes. The customer/buyer is solely responsible and must pay for any applicable taxes or duties required by state and federal agencies that may be due as a result of a transaction with Accurate PMR.
2.7. Market Prices; Pricing Errors. Due to continually changing market prices for precious metals, the prices offered by Accurate PMR are only valid for a five-minute duration and are subject to change thereafter. Spot price calculations are made by Accurate PMR in its sole and absolute discretion and are not negotiable. Pricing shown on any website owned or operated by Accurate PMR is for informational purposes only. Accurate PMR prides itself in providing the most up-to-date pricing for you and our staff. Occasionally, Accurate PMR makes mistakes and there may be a typographical or pricing error. Under these circumstances, Accurate PMR retains the right to cancel or refund an order. If a typographical, mathematical or other error is made in the calculation of a transaction, Buyer agrees to take all steps requested by Accurate PMR to rectify the error. Customer further agrees to hold Accurate PMR harmless from all damages or liability arising from such error. Accurate PMR guarantees that every item that it sells is genuine and that all precious metal items do contain the weight, fineness, and purity that it has advertised. However, all investments, of every type, involve some level of risk and precious metals are no exception. Like many markets, the precious metals market is speculative, and it is unregulated. The value of any bullion item is generally determined by current spot price of the underlying precious metal, and by the supply and demand for these particular items. These prices will fluctuate throughout the day while the precious metals market is open. If you are considering purchasing precious metals as an investment, you should assess the stability of the current market and contact your financial advisor for all advice.
2.8. Duty to Report Claim or Discrepancy. Buyer must notify Accurate PMR in writing via email to [email protected] in addition to phone call 503-400-5608 within 1 business day after receiving the purchase of any discrepancy, claim, or dispute arising from a transaction. If no notification is received within 1 business day, Buyer agrees it is forever barred from bringing a claim for loss, damage, or other relief relating to such controversy, claim, or dispute.
2.9. Disclaimer. The information provided on any website owned or operated by Accurate PMR is for informational purposes only and is not intended as any form of advice, whether legal, accounting, investment, financial or tax advice. Therefore, it cannot be relied upon as such. The client should contact a licensed professional for such advice. The information provided by websites of Accurate PMR are provided on an “as is” basis without any warranty of any kind, whether express or implied and the use of this service and Accurate PMR ‘s websites is entirely at Buyer’s own risk. In no event will Accurate PMR be held liable for any direct, indirect, special, incidental, or consequential damages arising out of the use of information contained on our websites or any publication.
2.10. Shipping. Buyer acknowledges and warrants that the shipping address Buyer provides is accurate and an address at which Buyer can accept the shipment. Any damages, loss, or claims relating to mistakes in the shipping address provided by Buyer will be Buyer’s sole responsibility. Accurate PMR reserves the right to combine any orders placed on the website shipping to the same address. If Buyer’s order is shipped and returned to Accurate PMR by the carrier for an undeliverable reason code, the order will incur a $30 per month or a 0.5%(0.005) of total product/shipment value (whichever is more) storage and insurance fee from the original date Accurate PMR received the returned shipment with a maximum of a 90 day holding period. If the Buyer does not communicate with Accurate PMR and provide an updated, and accurate (not fraudulent) shipping address within 90 days Accurate PMR reserves the right to liquidate the items at our discretion at market value and deduct all associated storage fees, insurance fees, premiums, and costs that are associated to a buy-back transaction. Accurate PMR will make reasonable attempts to returning the funds to the Buyer. Any order that needs to be re-shipped by Accurate PMR for an error which was not the fault of Accurate PMR, the Buyer will incur a minimum re-packaging and handling fee of $30 or a 0.5%(0.005) of total product/shipment value (whichever is more) in addition to all shipping, packaging, and insurance fees.
2.10.1. Shipping to Post Office (PO) Boxes. Any shipment greater than $10,000 in value going to a PO Box will NOT be insured. Also, insurance on orders going to a PO Box only last until the order is received and signed for by USPS.
2.11. Large Order Policy: A large order is defined as an order equal to or greater than $50,000 USD. At Accurate PMR ‘s discretion, it may require a deposit in full via bank wire transfer before locking in the spot price of a large order. Once Accurate PMR has received the funds and if the market and/or premiums have increased during that time, at the discretion of Accurate PMR we reserve the right to require the Buyer to pay the remaining balance of the market and/or premium Increase, if any. “Market increase” is defined as the amount the spot price increases from the price given to Buyer prior to the wire transfer. “Premium Increase” is defined as the amount the price increases from our vendors to Accurate PMR. The balance of the increase will be due prior to shipping or delivering any items to the buyer. In the event the spot and/or premium price decreases from the time the wire transfer was sent, such market and premium gains will remain the property of Accurate PMR. If Accurate PMR does not receive payment of the balance within 1 business day, Accurate PMR reserves the right to liquidate the items at our discretion at market value and deduct all associated storage fees, insurance fees, premiums, and costs that are associated to a buy-back transaction and refund the balance to the Buyer.
2.12. International Shipping and Ordering
2.12.1. We do not buy or sell bullion internationally at this time.

2.13.1. Shipping delays, supply chain delays, and any circumstance that might delay the deliverability of agreed upon product: By agreeing to these terms and conditions you agree and understand that due to unforeseen shipping delays and or supply chain delays or any circumstance that would delay deliverability of product past the original agreed upon dated that it does not constitute any cancellation or refund requests or actions. Due to the nature of the industry, we must all wait out the process. We have seen delays in the supply chain during C19 which were out of our control. Due to an event beyond the control of Accurate PMR including but not limited to any act of god, terrorism, war, political insurgence, banking system failure or banking system collapse, banking liquidity crisis, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made event outside of its control, shipping delays, supply chain delays, manufacturing delays etc.

SECTION 3: TERMS OF SALE
3.1. Selling to Accurate PMR. The following terms will apply to any metal Accurate PMR purchases from suppliers and customers (referred to in this Section 3 as the “Seller”). When a buyback order is confirmed, prices become locked-in and the order becomes a contractually binding agreement between the Seller and Accurate PMR. By placing an order either online or via telephone and agreeing to Accurate PMR’s terms and conditions, the Seller enters into a contractually binding agreement with Accurate PMR and agrees to send Accurate PMR the products as specified.
3.2. Inspection and Testing. Upon receipt, Accurate PMR will inspect each package as it arrives, and reserves the right to reject, or to modify or liquidate the relevant transaction with respect to any late or defective package, any package sent that contains items not as represented or that are damaged or worn in excess of industry standards, or any package that does not otherwise comply with these Terms and Conditions. Packages shipped by Seller must be received by Accurate PMR within three business days following the date of the transaction. All damaged packages shipped will be refused for delivery and returned to Seller. If your package is returned to Seller, Seller will need to immediately contact Accurate PMR to arrange a reshipment of the metal, or liquidation of the transaction. Failure to contact Accurate PMR to make arrangements will result in the transaction being cancelled on the 4th business day following the date of the relevant transaction. Accurate PMR will contact Seller if any discrepancy is discovered upon inspection of any package and every effort will be made to resolve the matter in a timely fashion. Accurate PMR reserves the right to have any non-standard precious metals products assayed for pureness or otherwise tested. Seller is responsible for the associated fees for such testing. Fees associated with any transaction may be deducted from the total agreed-upon payment due to Seller under the applicable purchase order.
3.3. Cancellations by Seller. Cancellation requests must be filed via telephone during normal business hours. Accurate PMR will evaluate any request to cancel an order on a case-by-case basis and only under rare circumstances will a cancellation be approved. The market loss value is determined by the increase in market price from when the buyback is submitted with Accurate PMR to the time that the buyback is cancelled. The total market loss value and administration fee due to Accurate PMR will be invoiced and due to Accurate PMR within (10) business days. If we do not receive payment within this timeframe, Accurate PMR reserves the right to send customer accounts to collections to retrieve cancellation fees. Accurate PMR may determine, in its sole discretion that Seller may not be permitted to buy from or sell to Accurate PMR in the future due to cancelled buyback orders.
3.4. Cancellations by Accurate PMR. Accurate PMR reserves the right to cancel any buyback order after 3 business days of non-receipt of the metals the Seller agreed to sell. Accurate also reserves the right to cancel an order at its sole discretion for any reason. The cancellation penalty will be applied to a credit card on file previously used to secure a buyback order or regular order either online or via telephone. Accurate PMR reserves the right to charge any valid credit card on file for applicable market loss and cancellation fees. Any change in market price to Accurate PMR’s benefit as a result of a cancelled order will remain the property of Accurate PMR.
3.5. Insurance; Shipping; Taxes. The risk of loss, damage, or destruction of the products will be the Seller’s responsibility until the shipment is received by Accurate PMR. The Seller agrees to insure the products Seller sends to Accurate PMR. Insurance must include, at a minimum, loss of product or damage in transit. The Seller is solely responsible for any applicable taxes or duties that may be applicable on a transaction with Accurate PMR.
3.6. Insurance Covered by AccuratePMR must meet the follow guidelines.
3.6.1. All packages being shipped to accurate PMR must be post marked “priority mail express” which is normally next day from most regions in the United States.
3.6.2. All packages must be double boxed. All precious metals must be placed in a box and the box must be placed into another box. The metals also must be stuffed, packaged, or wrapped so that the metals do not clang together causing damage to the precious metals and causing sound that would alert the carrier or anyone handling the package that there is precious metals inside. The goal is to create no sound from inside the box that would alert anyone handling the box that there is metal inside the box. For example, if you are shipping tubes of silver buffaloes or Eagles, place a small piece of foam or paper inside the tube underneath the lid to prevent the silver coins from bouncing up and down causing sound.
3.6.3. DO NOT place the recipient, or add a reference, or a description of any kind on the label or on the package that would indicate any sort of precious metals, metals, diamonds, or any item of value etc. Only use the name for the recipient as “APMR”
3.6.4. Each package that is being sent to accurate PMR cannot exceed a maximum value of $100,000. If the value exceeds this amount for one box, you will need to ship an additional package. This additional package must meet all the above requirements.
3.6.5. Please Ship all items to the following address
a. Recipient Name: APMR
b. Address: 1855 Hawthorne Ave NE Salem, OR 97301
c. Phone : (503) 400-5608
3.7. Anti-Money Laundering Program. Under the USA Patriot Act of 2001, all precious metal dealers and pawn shops doing business in the United States that both buy and sell more than $50,000.00 in qualifying metals, stones, and/or jewels per year are required to have a written anti-money laundering (“AML”) program. By selling metals to Accurate PMR, Seller agrees to the following:
3.7.1. If required to by law, Seller has a written AML program that complies with the USA Patriot Act and the Bank Secrecy Act
3.7.2. Seller is exempt from coverage under the USA Patriot Act under the retail, industrial or other exemption specified in the Interim Final Rule for Dealers in Precious Metals, Stones, or Jewels 31 CFR 1027.100 or pursuant to an administrative exemption granted by the Financial Crimes Enforcement Network (FinCEN).
3.8. Gold Supply Chain Policy Statement Acknowledgement. Seller agrees that any precious metals sold by Seller to Accurate PMR did not originate from one of the countries defined by 17 CFR 240 and 249b “Covered Countries.” Customer understands Accurate PMR will immediately terminate or suspend any transaction if it becomes aware of any upstream suppliers at a reasonable risk of sourcing from such countries.

SECTION 4: RESERVATION OF RIGHTS; DISCLAIMERS
4.1. Market and Investment Risk. The analysis and discussion provided by Accurate PMR is for education and entertainment purposes only. It is not recommended for trading purposes or financial advice. Employees and contributing authors to Accurate PMR are not investment advisers and information obtained from it should not be taken as professional investment advice. The commentary on Accurate PMR reflects the opinions of the respective authors and not that of Accurate PMR. Your own due diligence is recommended before buying or selling any investments, securities, or precious metals.
4.2. Reservations of Right. In addition to any other rights AccuratePMR may have pursuant to these Terms of Purchase, it expressly reserves the following rights:
4.2.1. Right to Refuse Service to Anyone. The right to refuse service to anyone, for any reason, in its sole discretion
4.2.2. Right to Correct Erroneous Orders. The right to correct any sale or purchase for obvious errors or computer-related problems, whether due to its own fault or otherwise. Accurate PMR will make a good faith effort to notify Buyer/Seller of any correction of an order without delay
4.2.3. Right to Cancel Any Pending Transaction. The right to cancel any pending transaction at any time for any reason.
4.2.4. Right to Require Payment by Wire Transfer. In the event that you purchase bullion from us, we reserve the right to require payment via bank wire transfer
4.2.5. Right to Withhold Shipment for Unpaid Multiple Orders; Right of Offset. In the event you place multiple purchase or sell orders with us and do not fulfill said orders according to these Terms and Conditions, we reserve the right to withhold shipment or payment of any orders that have been paid or delivered by you, until the unfulfilled orders have been resolved to our satisfaction or to apply any proceeds of any paid order and/or product against any of your other unfulfilled order’s proceeds and product. If you thereafter have a net balance owed to us, we may involuntarily liquidate the remaining net balance owed as provided herein. If you have a net balance remaining for shipment or payment, then we shall ship the remaining portion of the order or send payment as provided herein
4.2.6. Right to Withhold Payment for Outstanding Documents and Identification. We reserve the right to withhold payment of funds due to you, or to involuntarily liquidate, cancel or rescind any transaction, should any documents requested, including without limitation, identification verification, be outstanding at the time of the relevant transaction or when requested by us
4.2.7. Right to Hold Payment. In the event that you purchase bullion from us, we reserve the right to hold any payment received by us from you until it is verified and cleared and/or you have communicated with us and submitted valid payment information. This is done solely in the interest of fraud prevention, and all holds are removed promptly upon the completion of the above conditions.

SECTION 5: MISCELLANEOUS
5.1. Computation of Time. Unless otherwise expressly stated in these Terms and Conditions, the first day for computing a time period shall be the first business day following placement of the respective transaction. If the last day of the time period falls on a weekend or federal holiday, then the last day shall be moved forward in time to the first day that is not a weekend or federal holiday.
5.2. Force Majeure. Accurate PMR shall not be liable for any failure to perform any obligation under these Terms and Conditions due to an event beyond the control of Accurate PMR including but not limited to any act of god, terrorism, war, political insurgence, banking system failure or banking system collapse, banking liquidity crisis, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made event outside of its control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.
5.3. Authorization. The execution, delivery, and performance of these Terms and Conditions have been duly authorized by the parties and the person signing on behalf of each party has authority to enter into these Terms and Conditions on behalf of that party.
5.4. Entire Agreement. These Terms and Conditions (including the documents and instruments referred to in these Terms and Conditions) constitute the entire agreement and understanding of the parties with respect to the subject matter of these Terms and Conditions and supersedes all prior understandings and agreements, whether written or oral, among the parties with respect to such subject matter.
5.5. Binding Effect. These Terms and Conditions is binding on and inures to the benefit of the parties and their respective heirs, personal representatives, successors, and permitted assigns.
5.6. Time of Essence. Time is of the essence with respect to all dates and time periods set forth or referred to in these Terms and Conditions.
5.7. Further Assurances. Each party agrees to execute and deliver such other documents and to do and perform such other acts and things as any other party may reasonably request to carry out the intent and accomplish the purposes of these Terms and Conditions.
5.8. Waiver. Any provision or condition of this Agreement may be waived at any time, in writing, by the party entitled to the benefit of such provision or condition. Waiver of any breach of any provision will not be a waiver of any succeeding breach of the provision or a waiver of the provision itself or any other provision.
5.9. Attorney Fees. In the event of a default on any payment obligation hereunder, you will pay all costs of collection, including, but not limited to, collection agency fees, dishonored check fees, court costs, and attorney fees. In the event that any legal proceeding is commenced for the purposes of interpreting or enforcing any provision of these Terms and Conditions, the prevailing party will be entitled to recover a reasonable attorney fee in that proceeding, or any appeal thereof, in addition to the costs and disbursements allowed by law. With respect to any dispute relating to these Terms and Conditions, or in the event that a suit, action, arbitration, or other proceeding of any nature whatsoever is instituted to interpret or enforce the provisions of these Terms and Conditions, including, without limitation, any proceeding under the U.S. Bankruptcy Code and involving issues peculiar to federal bankruptcy law or any action, suit, arbitration, or other proceeding seeking a declaration of rights or rescission, the prevailing party will be entitled to recover from the losing party its reasonable attorney fees, paralegal fees, expert fees, and all other fees, costs, and expenses actually incurred and reasonably necessary in connection therewith, as determined by the judge or arbitrator at trial, arbitration, or other proceeding, or on any appeal or review, in addition to all other amounts provided by law.
5.10. Notices All notices, invoices, and other communications under these Terms and Conditions must be in writing and will be deemed to have been given if delivered personally, emailed, mailed by certified mail, or delivered by an overnight delivery service (with confirmation) to the parties at the addresses provided for shipping (or at such other address as a party may designate by like notice to the other parties) Any notice or other communication will be deemed to be given (a) on the date of personal delivery, (b) on the date the email was sent; (c) at the expiration of the 3rd day after the date of deposit in the United States mail, or (d) on the date of confirmed delivery by overnight delivery service.
5.11. Governing Law. These Terms and Conditions will be governed by and construed in accordance with the laws of the state of Oregon, without regard to conflict-of-laws principles.
5.12. Venue. Any action or proceeding seeking to enforce any provision of these Terms and Conditions or based on any right arising out of these Terms and Conditions must be brought against any of the parties in Marion County Circuit Court of the State of Oregon or, subject to applicable jurisdictional requirements, in the United States District Court for the District of Oregon, and each of the parties consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to such venue.
5.13. Severability. If any provision of these Terms and Conditions is deemed to be invalid or unenforceable in any respect for any reason, the validity and enforceability of such provision in any other respect and of the remaining provisions of these Terms and Conditions will not be impaired in any way.
5.14. Injunctive and Other Equitable Relief. The parties agree that the remedy at law for any breach or threatened breach by a party may, by its nature, be inadequate and that in addition to damages, the other parties will be entitled to a restraining order, temporary and permanent injunctive relief, specific performance, and other appropriate equitable relief, without showing or proving that any monetary damage has been sustained.

5.15. The customer acknowledges AccuratePMR’s policy in regard to 1930s gold recall by the government: In 1933, the U.S. Government issued an Executive Order which restricted private ownership of certain amounts of gold coins and bars. Exceptions were made for collectors of rare coins who owned gold coins with a recognized special value. At this point in time, the United States was on the gold standard. Since 1971, the nation has not been on the gold standard, and by 1974 the ban on private ownership had been abolished, meaning there are currently no restrictions imposed by the government on owning gold. It is impossible to predict what actions may be taken by the President or Congress in terms of recalling gold in times of war; while it is also uncertain if any particular gold product would be exempt from any potential future prohibitions.

5.16. The customer recognizes that Accurate Precious Metals may offer guidance on companies that provide trustee and custodian services for Individual Retirement Accounts (“IRA”). However, the Customer understands that Accurate Precious Metals is in no way connected to or associated with any of these companies. It is the responsibility of the Customer to independently assess which IRA service company best suits their needs and requirements. Accurate Precious Metals cannot be held liable for any damages suffered by the Customer as a result of their dealings with any IRA service provider.

5.17. Accurate Precious Metals is not a custodian or administrator for Individual Retirement Accounts (IRAs). However, upon request, we can assist customers who wish to purchase precious metals for their self-directed IRAs by helping them set up accounts with a third-party provider. We can then facilitate the purchase (a customer buying from AccuratePMR) of these precious metals and ensure they are securely stored by a third-party provider. Our goal is to make this entire process as smooth and stress-free as possible for our customers. Accurate Precious Metals does not provide any IRA custodial or administration services.

5.18. Accurate Precious Metals wishes to remind customers that it is important to obtain qualified professional advice concerning the tax implications of investing in Precious Metals with a self-directed IRA. Not only could this lead to unexpected liabilities, but it may also have significant impacts on one’s overall financial situation. Therefore, customers should seek out an independent financial expert for tailored advice on these matters before making any decisions. In doing so, they can ensure they are taking all aspects of their investments into consideration and making informed decisions accordingly.

5.19. Any kinds of verbal or written declarations made by Accurate Precious Metals, its leaders, delegates, salespeople, or other representatives concerning forthcoming events, or the characteristics of certain Precious Metals are purely subjective. Such statements, if any, are not facts. They do not reflect actuality and should be viewed as opinions only.

5.20 Please note that Once Funds have been sent to Accurate Precious Metals IRA transfers take a minimum of 60 days to process and for mints and suppliers to send products to the depository. However, in an unforeseen economic or world event that might cause supply and delivery delays, the transfer process could take longer than usual and could extend longer for metals to be delivered to the depository.

These terms of use are subject to change at any time without notice.

Version 1.6

 

By engaging in transactions with Accurate Precious Metals or by using our website, you acknowledge and accept this dynamic nature of our business conduct, including the authority of Accurate Precious Metals to adapt the Terms and Conditions and operational procedures, and you agree to adhere to the latest stipulations as part of our binding agreement.