GENERAL TERMS & CONDITIONS
Applicability
The Buyer may place orders (“Order(s)”) with Swan Bullion Company for products and all such Orders will be governed solely by the terms and conditions contained in the sales contract, unless otherwise mutually agreed. Any oral understandings are expressly excluded. Swan Bullion Company shall not be deemed to have waived the terms and conditions contained herein if it fails to object to provisions appearing on, incorporated by reference in, or attached to any purchaser’s order form, and those provisions are hereby expressly rejected. No contrary or additional terms or conditions contained in any purchaser’s order form shall apply unless agreed to in writing and signed by an authorised representative of Swan Bullion Company. Additionally, Swan Bullion Company reserves the right to reject any order submitted to it by the customer.
Advice
Swan Bullion Company does not provide financial, legal, investment or taxation advice. Customers should consult their own advisors for guidance and recommendations on these issues. Material on our website, or at our store is purely for informational purposes, and there is no intention to provide any advice whatsoever to any person and should not be used as a substitute for professional or industry advice. No reliance whatsoever should be based on any material found on our website by any person in formulating any investment decision.
TERMS AND CONDITIONS FOR PURCHASING BULLION PRODUCTS
Metal Purchase
Precious metal is purchased on the customer’s behalf and the metal price fixed at the time a customer order is placed either online via the website, via telephone, over-the-counter at Swan Bullion, or by pressing the final ‘Submit Order’ button in the checkout within the website https://swanbullion.com
Binding Contract
A binding contract to purchase exists once the customer agrees the price and places the buy order – either verbally by telephone, in person, or online via the ‘I accept the Terms and Conditions’ check box and the ‘Submit Order’ button. At this time, the customer assumes all price exposure risk on the goods. A copy of the completed Order & Contract Confirmation is immediately emailed or faxed to the customer. When placing telephone orders, customers are asked to sign and return this document within one hour to verify receipt. The contract to purchase is legally binding notwithstanding the non-return of this document. All bullion sales are final
Payment
Full payment in the specified currency is due within 2 business days of placing an order. When an order is placed the metal, price is then locked in and fixed, and payment is expected by Swan Bullion within 2 business days of placement of the order. In addition, such funds need to be cleared subject to the clearance period applicable to the corresponding payment methods listed in 4 below. Non-payment of any order will result in cancellation of the contract and recovery of all costs from the customer – see ‘Contract Completion Guarantee’ clause below. Orders up to AUD 50,000 can be placed online. Orders over AUD 50,000 must be done via telephone or in person at Swan Bullion. A 10% deposit in cleared funds is required for orders over AUD 20,000 prior to placing the order which fixes the metal price. For orders of AUD 100,000 or more full payment in cleared funds must be received prior to placing an order which fixes the metal price. All payments must originate from the verified customer’s bank account which displays the same name as that in which the Swan Bullion Company bullion account was opened. No delivery of physical bullion will be made until full payment is received from the customer into Swan Bullion Company nominated bank account as cleared funds.
Payment Methods
Direct Bank Account Deposit
Clearance period 5 working days
Credit Card
For orders of bullion products made on the telephone for less than AUD 5,000. Payments will be debited from your credit card immediately. The credit card must be current and in the name of the customer. Credit card and handling fees apply at the rate of 2.2%
Cheque/Money Order/Bank Cheque
Clearance period 5 working days
Payment Notes:
All cheque types maximum value accepted AUD 10,000 (Australian Dollars only).
The Quote Order number must be referenced when transferring or depositing funds, so we can identify your payment and ensure that your funds are allocated correctly. Swan Bullion Company is not liable for any delays in receipt of customer’s funds into its bank account or lack of notification thereof
Pricing
All prices quoted on Swan Bullion Company website are updated in real time. These prices are indications of Swan Bullion Company retail prices and are not firm commitments to buy or sell at the indicated price. Prices will be confirmed at the time of purchase on checking of the ‘Submit Order’ button. Swan Bullion Company cannot accept any liability for any loss suffered as a result of any action of any kind taken by any person based on this pricing information and reserves the right to decline any trade involving without limitation pricing or inventory errors caused by computer errors or malfunctions. Combined per unit prices quoted are made up of the metal content at the prevailing Swan Bullion Company spot price plus manufacturing premium. The applicable metal price is noted on the Order & Contract Confirmation. As metal is purchased on the customer’s behalf on placement of an order, fixing of the metal price in advance of payment is offered as a service to buyers on condition that all Terms & Conditions are met. Swan Bullion Company reserves the right to require full or part payment prior to fixing the price, as it sees fit.
Goods and Services Tax (GST)
GST is not charged on Bullion whether sold in Australia or overseas. For sales in Australia, GST is charged on freight and insurance. For sales overseas, where the product is exported, GST is not charged on freight and insurance, except if the products are not exported within 60 days of order.
Despatch:
Swan Bullion Company will endeavour to despatch orders within 3 working days of receipt of cleared payment. During periods of high demand, delays may occur. Swan Bullion Company accepts no liability in the event of a delayed delivery.
Contract Completion Guarantee
Maximum Liability of Swan Bullion Company
The maximum liability of Swan Bullion Company to the customer at any time, provided only to the extent that Swan Bullion Company is at fault, is limited to the price the customer paid for the specific order. Under no circumstances will Swan Bullion Company be liable to the customer for any indirect, incidental, consequential, special, punitive or exemplary damages, including without limitation damages for loss of revenue or loss of profits, loss of reputation or loss of goodwill, or delay in delivery of the order, or any increased costs incurred by the customer arising from any provision of these Terms and Conditions including without limitation loss or damage suffered by any person as a result of any investment decision which resulted from formulating and acting upon any material on this website, even if Swan Bullion Company has been advised of the possibility of such liability or foresaw or could have foreseen such liability, and notwithstanding whether such liability arises in contract, tort, statute, equity or otherwise.
Deposits
Orders over AUD 20,000 or equivalent currency value require the payment of a 10% deposit in cleared funds prior to the fixing of prices and acceptance of the order and must be placed via telephone or in person at Swan Bullion Company. A deposit may also be requested in other circumstances regardless of the order value, at Swan Bullion Company’s discretion.
Returns
No returns of Bullion are accepted. Any shipment of bullion returned to Swan Bullion Company due to the customer’s refusal to accept delivery or the customer not being available for delivery, will remain the responsibility and cost of the customer, and will not be accepted as a return of product under any circumstances.
Market Loss
Where orders are not paid for, or cancelled, our market loss policy will apply. Specifically the customer will be liable for the costs incurred by Swan Bullion Company upon cancellation of order. These include, but are not limited to -
1 – The difference in metal component price of goods due to fluctuation of spot market pricing. If the spot price drops you will owe the difference, if the spot price increases you will receive no credit unless the order has previously been paid for in full. Spot prices are timestamped and emailed on your order confirmation email.
2 – Restocking fee will apply wherever an item has been ordered in specially for your order, or for any numismatic (collectors coins) item. This will be 25% of the sale price.
3 – Order cancellation fee of $99 AUD or 1% of the order, whichever is greater will apply to cover administrative and accounting costs.
4 – The Market Loss amount will be invoiced to the customer and forwarded to debt collection and credit rating agencies for formal recovery upon failure to pay.
Bank Details
Please transfer the contract amount in AUSTRALIAN DOLLARS (AUD), quoting the order number. Payment to this account will not be accepted in any other currency.
Commonwealth Bank
BSB: 066 156
Account Number: 1033 8210
Account Name: Swan Bullion Company
