DVM Silver and Gold
New Germany, MN55367
Phone (952) 215-5402
TERMS & CONDITIONS AGREEMENT
Customer Name:____________________________________________ Confirmation Number:____________________
Mailing Address:___________________________________________ Daytime Phone:_________________________
City:___________________________ State:____ Zip Code:______ Evening Phone:_________________________
Customer Email Address:___________________________________ Precious Metals Broker:__________________
Pre-33 □ Proof □ Bullion □ Gold □ Silver □ Storage Account: Yes □ No □
Shipping Address different from Mailing Address: Yes □ No □
City:___________________________ State:____ Zip Code:_______
DVM Silver and Gold (“DVMS&G") is in the business of selling coins and precious metals.
Customer represents that his/her name and address are as indicated above (herein after “Customer”).
This Agreement is entered into by and between DVMS&G and Customer for the shipping and acquisition of certain identified item(s).
Customer represents he/she has the legal capacity and is authorized to enter into this Agreement.
In consideration of the transaction(s) between DVMS&G and Customer, the receipt and sufficiency which are expressly acknowledged, the parties agree as follows:
1. Delivery of Purchased Item(s). Upon the confirmation and receipt of the agreed on funds constituting full payment of the agreed purchase price, DVMS&G shall ship, or arrange for pickup at a predetermined location Customer’s purchase within 7-45 business days. For payments by check, this shipment will be made within thirty-nine (45) business days after a check has been received, processed and cleared. DVMS&G shall ship purchased items to Customer through insured United States Postal Service (USPS) Registered Mail or choice of shipping company. INITIALS_______
2. Non-Received Item(s). If any item is not received by Customer, then Customer must notify DVMS&G immediately. DVMS&G will then, in its sole discretion, upon verification the item was not received, and within ninety (90) days of such verification, either refund to Customer the full purchase price for such non-received item(s) or replace such item(s) with another item or items identical to that purchased. If the item is stolen, it is the responsibility of the customer to report the loss to their local authorities and/or file a claim with their insurance company. DVMS&G is not responsible for any market gain or loss in anyway with the loss of or theft of Customer's purchase. Shipping insurance will be called on. INITIALS_______
3. Holding Period. Rare coins and bullion should be considered a long-term investment. Customer should be prepared to hold any item purchased for at least a three to five-year period and preferably five to ten years to maximize the potential for gains. Customer should only invest capital that can be held for at least this estimated period of time. Customer is aware that DVMS&G makes no guarantee or representation that Customer will profit at the expiration of such period of time. Customer acknowledges and agrees that DVMS&G does not provide investment advice. INITIALS_______
4. Customer Assumes the Risk of Investment(s). Customer assumes the risk of all investment decisions regarding all purchased items. DVMS&G makes no guarantee or representation regarding Customer’s ability to profit from any purchase or any representation regarding any tax implications of any purchase. In no event shall DVMS&G, its employees or agents, be held liable for any direct or indirect damages arising from Customer’s purchase. In addition, DVMS&G disclaims any express or implied warranties, including any warranty as to the grade or description of any item. There are no managed accounts. The Customer alone decides what items to buy and when to buy or sell. DVMS&G does not guarantee the profitability of any purchase nor does DVMS&G guarantee that Customer will be able to sell any item purchased for a profit in the future. INITIALS_______
5. Additional Services Provided. DVMS&G may provide additional services to Customer, which may include financial and investment tools such as reports, alerts, company website, storage and selling service. Customer acknowledges that the services provided are for Customer’s convenience, and use of the services and any reliance upon any materials, including any action taken by Customer because of such use or reliance is at the sole discretion and risk of Customer. INITIALS_______
6. Authority of Agents of DVMS&G. No agent, employee or representative of DVMS&G has the authority to bind DVMS&G to any affirmation, representation, or warranty concerning any item(s) purchased under this Agreement, and unless an affirmation, representation, or warranty made by an agent, employee, or representative is specifically included within this written Agreement, it shall not in any way be enforceable. INITIALS_______
7. Customer’s Investment Objectives and Financial Situation. DVMS&G is always prepared to assist Customer in selecting coins for a portfolio or collection. Customer acknowledges, however, that the decision to purchase coins and which coins to purchase is ultimately the Customer’s alone and DVMS&G is not responsible for Customer’s decision to purchase item(s). Customer acknowledges that any and all assistance DVMS&G may offer to Customer does not create a fiduciary relationship between DVMS&G and Customer. Any and all purchases are made subject to Customers own prudence, judgment and ultimate decision. DVMS&G does not provide tax, investment or legal advisory services and no one
Print this document (TCA), read it, sign it, scan it (call for my email address).
or mail it to DVM Silver and Gold, PO Box 53, New Germany, MN 55367. This is for the protection of both parties involved.
If we meet in person - bring this signed agreement with you.
The TCA is a four page document. Click on the Next Page tab (above right) for pages 3 &4.
Terms & Conditions Agreement
DVM Silver and Gold Terms & Conditions Agreement Page 2
Customer’s Name:________________________________________________ PM Broker Initials___________
associated with DVMS&G is authorized to render any such advice. Any written or oral statements by DVMS&G, its principals, agents, or representatives relating to future events constitute opinions only and are not representations of fact. If Customer is above the age of 65, then by signing this agreement the Customer warrants that he or she is of sound mind and capable of making this financial decision for investment. Customer further warrants that he or she has been informed fully of all risks, was not coerced into deciding to purchase the item(s), and forfeits any claim(s) against DVMS&G of being coerced to make this investment. INITIALS_______
8. Purchase Price. INITIALS_______
a. Total Price. The total price for this order is $________________________which includes $___________ in shipping and insurance costs. If sales tax applies, total price includes $_________________ in MN Sales Tax.
b. Payment Method. This transaction will be completed by:
Bank Wire □ PayPal □ Cash □ Certified Check □ Personal Check (no counter checks) □
c. Proof, Semi-Numismatic and Numismatic Coins. The price for proof, semi-numismatic and numismatic coins is based on dealer cost and commission rate. The dealer cost and commission for this transaction will be stated on Customer’s invoice. INITIALS_________
d. Bullion. The price for bullion (coins and bars that move most closely with the gold and silver spot price) is based, dealer cost (affected by spot price), and commission rate. The dealer cost, and commission for this transaction will be stated on Customer’s invoice. INITIALS_________
e. Quotes. All quotes are based on the current spot “ask” price. This is not purchase price nor dealer cost.
f. Cancellation. Customer agrees to complete this transaction and agrees to pay a 10% (ten percent) fee (Minimum of $250) if for any reason this transaction is not completed after this order has been placed with DVMS&G.
9. Minnesota Agreement. Customer acknowledges and agrees that this Agreement is made and entered into in New Germany, Carver County, Minnesota. INITIALS_______
10. Arbitration. INITIALS_______
a. Location of Arbitration. Customer understands and agrees that by signing this Agreement, the Customer is agreeing for himself/herself and for Customer’s successors, assigns, heirs and/or any party acting on Customer’s behalf, that any controversy, claim or dispute arising out of or relating to this Agreement or its breach shall be settled solely and exclusively by binding arbitration in Carver County, Minnesota.
b. Nature and Composition of Arbitration Panel. Such arbitration shall be conducted before Judicial Arbitration and Mediation Services (“JAMS”), or if JAMS is not available, any other organization that the parties mutually agree to use. The parties shall mutually agree upon a neutral arbitrator.
c. Costs of Arbitration. The expenses and fees of the arbitration, together with other expenses of the arbitration incurred or approved by the arbitrator, shall be divided equally between the parties.
d. Right of Discovery. In conducting the arbitration DVMS&G and Customer shall be entitled to engage in full and complete discovery as set forth in the Minnesota Code of Civil Procedure and as though an action were filed in the Superior Court of the State of Minnesota, County of Carver.
e. Confidentiality. Any dispute, testimony, documents produced and outcome of the arbitration shall remain confidential. Any breach of this confidentiality clause shall entitle the non-breaching party to seek injunctive relief and/or compensatory damages from any court having competent jurisdiction or the arbitration panel.
f. Injunctive Relief. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party also, without waiving any remedy under this agreement, may seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitration panel.
g. Waiver of Right to Jury Trial. In agreeing to arbitrate, the parties understand and agree that they are both waiving their rights to a jury trial or a trial before a judge in a public court.
h. Choice of Law. All arbitrations covered by this Agreement shall be adjudicated in accordance with Minnesota state law.
i. Authority of Arbitrator. The arbitrator shall have the authority to award compensatory damages, equitable relief, liquidated damages, pre-award interest, and reasonable attorneys’ fees and costs. The arbitrator shall not have authority to award punitive or exemplary damages.
j. Guidance for Arbitrator. Legal guidance for the arbitrator shall be provided by the parties for purposes of establishing context, limited to guidance on the specific arguments presented in the arbitration. The legal guidance will consist of a list of citations or copies of relevant cases and legal authority. The arbitrators are not permitted to make any conclusions of law or provide reasoning that represents an interpretation of the law; however, it is necessary for the arbitrator to refer to the existing applicable law in considering the submitted issues. The arbitrators shall look solely to the legal guidance provided by the parties