Terms & Conditions Agreement
DVM Silver and Gold Terms & Conditions Agreement Page 3
Customer’s Name:____________________________________________ PM Broker Initials__________
in determining the issue presented and conducting the arbitration. If any legal guidance for the arbitrator was overlooked, at the sole request of the arbitrator, the parties may agree upon further legal guidance and the manner in which it is to be communicated to the arbitrator. The arbitrator shall be required to follow applicable law.
k. Arbitration Award. The arbitration award shall be in writing signed by the arbitrator and shall state the basis for the award. The arbitration award shall be set forth in reasonable detail as to its findings of fact and law and basis of determination of award form and amount.
l. Appeal of Award. In addition to any basis for appeal of an arbitration award stated in any applicable law governing the enforcement of arbitration awards, either party may appeal an arbitration award on the basis that the arbitrator incorrectly decided a question of law in making the award, or that the award was substantially supported by or made in manifest disregard of the factual evidence.
m. Enforcing Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with arbitrator's award, the other party is entitled of costs of suit including a reasonable attorneys’ fee for having to compel arbitration or defend or enforce the award.
n. Inapplicability of Arbitration Clause. IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE, THEN EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.
11. DISCLAIMER OF DAMAGES. IN NO EVENT, AND UNDER NO LEGAL THEORY, CONTRACT, TORT, OR OTHERWISE, SHALL DVMS&G, ITS PRINCIPALS, AGENTS, REPRESENTATIVES, SUBSIDIARIES, SELLERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM LOSS OF PROFITS, WAGES OR BUSINESS, EVEN DVMS&G ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. INITIALS_______
12. INDEMNITY TO DVMS&G. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD DVMS&G HARMLESS FROM ANY AND ALL LIABILITIES, COSTS AND EXPENSES INCLUDING, WITHOUT LIMITATION, TO ATTORNEYS’ FEES AND COSTS RELATED TO OR ARISING FROM ANY UNAUTHORIZED USE OF THE PRODUCT, WHETHER SOLD, PURCHASED OR OTHERWISE; AND THE USE OF THE PRODUCT BY CUSTOMER OR BY THOSE WHO HAVE ACCESS TO CUSTOMER’S
ACCOUNT IN A MANNER CONTRARY TO ANY LAW OR REGULATION OR WHICH IS HARMFUL IN ANY WAY TO DVMS&G OR ANY OF ITS SUBSIDIARIES OR AFFILIATES. INITIALS_______
13. Volatility of Market. The success of an investment in coins is dependent, in part, upon extrinsic economic forces including supply, demand, domestic and international monetary conditions, inflation and/or the expectation of inflation. The impact of these forces on the values of coins cannot be predicted with any certainty. Customer acknowledges that the coin and precious market can be volatile and that coin and precious metal prices may rise or fall over time and that past performance is no indication of future performance. Moreover, coins and precious metals are not suitable investments for anyone seeking current income. DVMS&G shall not be liable for loss caused directly or indirectly by any exchange or market ruling, government restriction, or any “force majeure” (e.g. Acts of God, fire, war, insurrection, riot, terrorism, communications or power failure) or any other cause beyond the reasonable control of DVMS&G. INITIALS_______
14. Remedy for Customer’s Breach of Contract Agreement. In the event that Customer refuses to accept delivery of the purchased item(s) or fails to make payment when due, it will constitute a breach of this Agreement. DVMS&G, in its sole discretion, shall be entitled to recover from Customer a 10 % (ten percent) repurchase fee ($250 minimum) and the difference in any market fluctuation. DVMS&G shall be entitled to recover any incidental damages caused by Customer’s breach. INITIALS_______
15. Selling of Purchased Item(s). DVMS&G is a seller of Rare Coins and bullion, but we also provide a service in which DVMS&G will sell Customer's product based on the prevailing current market value (spot price). If Customer wishes to sell such items in the future, DVMS&G encourages Customer to offer them to DVMS&G first as an opportunity to sell on behalf of the Customer. DVMS&G is prohibited by law from guaranteeing to repurchase coins sold by DVMS&G. However, DVMS&G has always made buy/sell markets in precious metals to it's Customer's via the electronic exchange or other Customer's of DVS&G (Customer's opt in for this list). This resale service is not a guarantee and is subject to change without notice and market conditions. Any risk of loss from all hazards shall be borne by Customer until any item(s) sold on Customer's behalf by DVMS&G are actually received by DVMS&G. Customer states the price of the product(s) to be sold. INITIALS_______
16. Refund Policy. INITIALS_______
a. No Refunds Except as to Counterfeit Coin(s). DVMS&G shall not be obliged to accept returns of any coin(s) for refund other than counterfeit coins returned in their original holders within 45 consecutive days of purchase. In the case of counterfeit coins, DVMS&G's liability to Customer shall be limited to refund of the purchase price or replacement of the coin(s) in question. DVMS&G expressly disclaims any further liability to Customer, including any liability for lost profits or consequential damages as a result of counterfeit coins. In no event will DVMS&G be liable for a replacement or refund of the purchase price for any coin purchased by Customer if more than 45 consecutive days has elapsed since the date of purchase, regardless of when Customer became aware of the claim. Be it known, that
DVM Silver and Gold Terms & Conditions Agreement Page 4
Customer’s Name:____________________________________________ PM Broker Initials_________
DVMS&G, it's supplier(s), and the exchange inspect and record every product sold. It is the policy of DVMS&G and it's suppliers to not knowingly sell counterfeit coins.
b. Bullion. ALL BULLION TRANSACTIONS ARE FINAL UNLESS THE ITEM HAS BEEN PROVEN TO BE FALSE BY COMPETENT AUTHORITY.
17. Disclaimer of Express Warranties. DVMS&G warrants that the nature and precious metals content of the purchased item(s) are as described and are genuine, but no other express warranty is made in respect to any purchased item(s). Grades and descriptions of rare coins are opinions only, not statements of fact or guarantees, and are based on standards and interpretations that can and do change over time. DVMS&G relies upon services such as the Professional Coin Grading Service, (PGCS); Numismatic Guaranty Corporation of America (NGC); and American Numismatic Association Certification Service (ANACS). DVMS&G does not guarantee that the coins it sells will achieve the same grades from any independent grading service in the future. INITIALS_______
18. Finality of this Writing. This Agreement is intended by the Parties as a final expression of their agreement concerning the matters contained herein, and as a complete and exclusive statement of the terms of their agreement. This Agreement supersedes any oral or written statement prior to or contemporaneous with this transaction by DVMS&G. Customer shall not rely on any statement by or on behalf of DVMS&G which is inconsistent with this Agreement. DVMS&G reserves the right at any time to amend, change, revise, add or modify the terms and conditions set forth in this Agreement. INITIALS_______
19. Governing Law. This Agreement shall be construed and enforced in accordance with the internal Laws of the State of Minnesota. Customer acknowledges that DVMS&G has its principal place of business in Minnesota. Customer acknowledges that he/she is transacting business in the State of Minnesota. Any action, including but not limited to arbitration and court actions arising out of this Agreement shall be exclusively venued in the State of Minnesota, County of Carver, and shall be governed by the laws of the State of Minnesota. Customer submits to personal jurisdiction within the State of Minnesota. INITIALS_________
20. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. INITIALS_______
21. Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement and the agreements appended hereto or executed in connection with this Agreement may be signed and transmitted by facsimile and e-mail, any copy with a facsimile or e-mail signature will be deemed a valid signature hereto or thereto and shall be deemed binding on the parties as if it were an original signature.
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH AFFECTS YOUR LEGAL RIGHTS AND MAY BE ENFORCED BY THE PARTIES. BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ, UNDERSTAND AND HEREBY AGREE TO THE TERMS OF THIS AGREEMENT, AND I SHALL RETAIN A COPY FOR MY RECORDS. INITIALS_______
22. In the unlikely event of none payment, you will be charged a finance charge of 1.5% per month.
FINAL NOTE: Any order can be cancelled and account closed (C&CA) at any time for any reason by DVM Silver and Gold and a refund of money (if due) is paid to the customer. Examples of C&CA: none payment, none payment of shipping, no TSA on file with DVMS&G, etc… On any canceled order and closed account, DVM Silver and Gold is not responsible for any gain or loss due to the price of precious metals. metals INITIALS_______
Date:______________ ____________________________________ ___________________________________________
Customer Signature Printed Name
State of Driver’s License:_________________________________________________________________
Driver’s License Number:________________________________________________________________
Sign here to make this agreement apply to all future transactions: .
(Note: Page 2, #8 is updated with every transaction) Customer Signature