BULLION PURCHASE TERMS & CONDITIONS
Opening an account is free and easy, and you, the person opening the account (“you” or “the Customer” or “the Client”) can place your first order immediately. Orders can be placed online with OBW 24 hours a day, 7 days a week.
Clients agree that the bullion products we offer for sale are commodities traded on various markets, and that the market price and availability of said bullion products change constantly in accordance with market forces and supply and demand.
Placement of Bullion Orders Create Binding, Legally Enforceable Agreements – NO CANCELLATIONS!
When you place an order with OBW, or when we place on order for you, on your behalf (at your request), you have entered into a legally enforceable agreement to purchase a market asset (bullion) that cannot be altered or revoked by you. We are entitled to and will rely on your verbal (over the telephone) or electronic (through our website) promise to pay us for your bullion order.
Regardless of changes to the precious metals market, the prices set out in your Order Confirmation are locked-in (inalterable). Your purchase is now your investment, the fluctuating value of which is entirely your responsibility. All payments to OBW are subject to time-sensitive conditions, as detailed below.
All orders with OBW require an initial, non-refundable deposit to be paid & received for an order price to be considered confirmed, and ‘locked-in’. The amount required for the deposit will be made visible to the client during the online check-out process, or by telephone and/or email communication in the event of an order being placed on a client’s behalf by OBW staff.
3. RESERVATIONS OF RIGHT
In addition to the other rights contained in this Agreement, we reserve the following rights unto ourselves, to be exercised in our sole and absolute discretion:
3.1 Right to Refuse Service to Anyone
We reserve the right to refuse service to anyone, for any reason, at any time.
3.2 Right to Set Sale Price
We reserve the sole and absolute discretion to set the sale price(s) for all products and bullion offered by us.
3.3 Right to Correct Errors in Orders
We reserve the right to correct any typographical or clerical errors or omissions in any order. We will make a good faith effort to notify you of any such corrections to your order.
3.4 Right to Cancel Any Order
OBW reserves the right to cancel any order, whether confirmed with a ‘locked-in’ price or not, in which there is a price error due to computer-related errors, if there is unusual volatility in the precious metals market prior, if the client does not comply with the payment provisions set out in these Terms and Conditions, or that is deemed by OBW to be suspicious, of substantial risk to OBW regardless of price or payment method, or which may contravene any Canadian legislation or regulation or policy.
3.5 Right to Require Payment by Bank Wire Transfer
We reserve the right to require any payment by bank wire transfer.
3.6 Right to Change Terms and Conditions of Sale
We reserve the right to change any terms and conditions of sale at any time without any further notice.
3.7 Right to Accept or Reject Any Late or Defective Payment(s)
We reserve the right to:
(1) accept any late or otherwise deficient payment(s) including but not limited to liquidation payments(s); and/or
(2) reject any late or otherwise deficient payment(s), including but not limited to liquidation payment(s), at any time in our sole and absolute discretion.
3.8 Right to Hold Monies and Shipments to comply with FINTRAC and the law
(1) If you are, or if you appear to be, sending to us multiple payments or other payment(s) that, in our sole discretion, may require us to report such payment(s) to FINTRAC or take other steps in order to comply with applicable law, we reserve the right to hold any and all such payments and to withhold shipment of the related order(s) in our sole discretion until you provide us with all the information as we may require, to our sole satisfaction, in order to comply with FINTRAC and/or applicable law.
(2) We hereby reserve the right to involuntarily liquidate, cancel and/or rescind any order where we are unable to obtain and/or to verify any information required by us pursuant to FINTRAC regulations.
3.9 Right to Hold Payment
We reserve the right to hold any payment until it is verified and cleared. This is done solely in the interest of fraud prevention and all holds are removed promptly upon the completion of our due diligence procedures.
4.0 COMPUTATION OF TIME PERIOD
Unless otherwise expressly stated herein, the first day for computing any applicable time period shall be the same business day of the placement of the relevant order. If the order is placed on a day other than a business day, then the first day for computing any applicable time period shall be the next business day.
If the last day of the time period falls on a day other than a business day, then the last day of a time period shall be the next business day thereafter.
5.0 EMAIL CORRESPONDENCE
OBW will endeavor to correspond with the customer via email at the time of order creation, payment receipt, shipment notification, and in the event that order details are amended. Our failure to send and/or your failure to receive any or all of these email(s) does NOT invalidate or otherwise cancel your order with us, nor does it absolve the client of any of their requirements listed herein. The customer is still expected to make payment within the appropriate timeline.
6.1 Requirements & Timelines
You agree that you shall submit full payment within one (1) business day and that we shall receive full payment within two (2) business days of placing such order by using one or more of our methods of payment. Such payment must include the full amount owing to us, including but not limited to, payment for the bullion product(s), shipping and handling, and any transaction and/or other fees, as applicable.
All payments must be made in either Canadian Dollars, or American Dollars, as indicated on your order.
Upon our receipt of your payment, in full, we will hold your payment and your bullion product(s) ordered for the clearing time applicable to the method of payment(s) used by you. Once your payment has been verified and upon expiration of the relevant clearing time, your order will be released for shipment to you.
6.2 PAYMENT OPTIONS
For the non-refundable Deposit:
- INTERAC® Online
We have integrated INTERAC® Online to accept and process the mandatory deposit requirement for our order checkout process. For more information on INTERAC® Online, please consult: http://interac.ca/en/interac-online-consumer.html
Not all Canadian Banks are compatible with INTERAC® Online and therefore, not all of our clients will be able to complete orders online themselves. In such a scenario, OBW may, in its sole discretion, allow for a client to pay for a deposit with another payment method of OBW’s choosing. In these cases, OBW may be able to manually place an order on a client’s behalf.
For Payment of the balance of the order:
- Electronic Bill Payment – We accept Electronic Bill Payment through Canadian financial institutions for payments up to $99,999.00 (within a 24 hour period). Orders paid by this method will be held for up to 5 business days prior to processing to allow for full clearance of the payment through the banking system. To complete a payment via your financial institution’s Electronic Bill Payment system, please set up Ottawa Bullion Wholesale Corp. as your bill payee. Click here to view participating banks and full payment instructions. https://wholesale.ottawabullion.com/payment-instructions/
- Bank Wire Transfers – Is our preferred form of payment and provides for the fastest processing and delivery of your order. There is no maximum value for wire transfer payments. Wire transfers issued by Canadian & American financial institutions must be completed within one business day of receipt of your Order Confirmation. Click here for bank wire transfer information. https://wholesale.ottawabullion.com/payment-instructions/
SUMMARY OF PAYMENT OPTIONS (For Balance of order)
|Purchase level||Payment Options|
|$1.00 – $99,999.00 (within a 24 hour period)||Online Bill Payment|
|$1.00 – Unlimited||WIRE Transfer|
6.3 HOLDING PERIOD
|Payment Type||Hold Period|
|Bank Wire Transfer||Canadian Financial Institution – 1 Business Day
United States Financial Institution – 1 Business Day
|Online Bill Payment||2 – 5 Business Days|
7.0 NON-PAYMENTS, Late Payments AND CANCELLATIONS
Should you voluntarily want to cancel your order, or should you fail to pay for your order as required pursuant to Section 6 hereof, OBW has the right to cancel your order.
Should we decide to exercise this right, you will forfeit your deposit entirely.
We also reserve the right to liquidate your order for market value at the time of such liquidation, under our sole discretion. We are under no obligation to take any steps or to refrain from taking any steps, in order to or in an attempt to maximize market value for your order and we take no responsibility for same.
If the market value of your unpaid order is greater than you had promised to pay for such order, any such gains remain our property.
Should there be a scenario where the deposit amount is not sufficient to cover the Market Loss suffered from a delinquent order that has been liquidated, OBW reserves the right to take additional measures to collect the difference, including sending the delinquent account to a collections agency.
9.0 SHIPPING POLICY
8.1 Shipment Time
8.1.1 Within five (5) business days from when we receive payment in full for your order (unless the clearing time applicable to your method of payment exceeds five (5) business days, or your order is subject to exceptions), we will pack your order, subject to bullion product availability. From time to time, the shipment time of your order may be delayed for reason(s), including but not limited to, reductions in our inventory as a result of increased demand for certain bullion products and/or the reduced supply available to us of same. We will endeavour to update our website with any delays applicable to particular bullion product as may arise from time to time.
If we are unable to comply with the shipment time provided to you under Section 8.1.1 hereof, we will endeavour to notify you of same as soon as reasonably possible.
8.3 SHIPPING METHOD
Orders placed with OBW, where shipping is chosen, are shipped fully insured by Purolator, FedEx or UPS. OBW will not ship any order to a Post Office Box.
We reserve the right to choose which courier and service standard will be used to ship your order.
Larger or Very Heavy Orders may be split up into multiple boxes. (All of Which Carry The Same Insurance & Tracking). For extremely large orders, it may be necessary to arrange for an armored delivery service, in which case we will contact you directly to make arrangements for delivery. Additional delivery fees may apply for armored delivery.
OBW may be unable to accommodate shipments to “remote and less-accessible locations” within Canada. These locations may include, but are not limited to, addresses in The North West Territories, Yukon Territory and Nunavut.
We reserve the right to refuse an order if it is deemed, in our sole discretion, that shipping said order to its intended delivery address is not possible, due to it being within a “remote and less-accessible location.”
In cases where OBW deems that it is possible to ship an order to a “remote and less-accessible location”, we reserve the right to charge a shipping fee if required.
OBW strongly advises all clients that want order(s) shipped to a “remote and less-accessible Canadian location” to contact us PRIOR to submitting an order online, so as to be fully aware of any possible restriction or additional shipping fees that may be required.
All shipments will require an adult signature upon delivery.
We will not accept responsibility for lost or damaged shipments if:
- You indicate to the courier that a signature is not required
- You give permission for someone (other than yourself) to sign for deliveries. This includes leaving your package with an office attendant, family member, building concierge, neighbor etc.
- You redirect or re-route a package to another, different destination.
- You accept a package that is clearly damaged or appears to have been tampered with. (You must refuse the package in this case and contact us immediately.)
*Please note; once the shipment is signed for at the customers’ listed shipping address, the package will then be considered fully delivered and is no longer the responsibility OBW.
9. ORDER PICKUPS AT OUR FACILITY.
OBW offers to have orders “picked-up” by the client at our Ottawa Facility.
Pickups will only happen by appointment. Absolutely no walk-ins will be admitted.
The Pickup Appointment will be scheduled for a Day/Time within 5 business days of payment clearing.
OBW staff will contact the client and attempt to come to a mutually workable appointment day & time, with OBW reserving the sole right to determine the final pickup date and time.
A valid, Government Issued form of Identification will be required at the time of the appointment for order / pickup validation purposes
9.1 PICKUP Requirements:
Please be punctual for your appointment. You will be picking up your order at Ottawa Bullion’s Administrative Offices. We will have pulled your order from our Vaulting Solution and will make it available to you only for this short appointment window.
Your Order will not be available to you BEFORE your scheduled pickup appointment time and it will not be available to you AFTER your scheduled appointment time.
If you need to make changes to the date / time of your appointment, please provide us with as much advance notice as possible.
*Ottawa Bullion Wholesale reserves the right to refuse to accommodate a pickup request for any reason, which may include, but not be limited to, security considerations. In such cases, a suitable delivery solution will be arranged.
10. EXCUSABLE DELAYS
Notwithstanding any other provision of these Terms and Conditions, if the supply of any deliverables or services or the performance of any other obligation by OBW is prevented, delayed, interfered with or interrupted by reason of fire, casualty, explosion, accident, strike, lockout, labour unrest, labour dispute, delay of common carrier, inability to obtain materials or services, transportation, power, fuel, labour or any other essential commodity or service, the enactment, issuance or application of any law, local by-law, regulation or executive, administrative or judicial order, any local or national emergency, acts (including delay or failure to act) of any governmental authority (de jure or de facto), inability to obtain or delay in obtaining required instructions, information, materials or services, or any other cause or causes (whether of the foregoing nature or not) beyond the reasonable control of OBW, such prevention, delay, interference or interruption shall be deemed not to be default under these Terms and Conditions, and the time or times for such performance or supply shall be extended by the period or periods same is so prevented, delayed, interfered with or interrupted. The foregoing shall apply even though any of such causes exists at the time of execution of these Terms and Conditions or occurs after performance of OBW’s obligations is delayed for other causes.
OBW is not required to change its usual business practices or methods or to assume or incur other than its usual costs or expenses in order to mitigate, avoid or eliminate any cause referred to above, or to reduce the period of any resulting delay.
11. STATUTE OF LIMITATIONS
All issues relating to an order or account must be brought forward to us within twenty-one (21) days from shipment or pickup date. This includes, but is not limited to: damaged product or shipment, late delivery, missing or incorrect items.
12. LIMITATION OF LIABILITY
OBW shall not be liable or responsible for any use of, inability to use or failure of the services provided by OBW pursuant to these Terms and Conditions, and in particular shall not be liable for any losses or direct, indirect, consequential or incidental damages (including without limitation loss of profit or revenue), which may be realized or incurred by you, as a result of or incidental to the use of the services provided hereunder, and whether arising from breach of contract, negligence, tort or otherwise. Customer hereby indemnifies and saves harmless OBW from and against all claims, liabilities losses or costs suffered or incurred by any third parties caused by, arising out of or related to the Customer’s use of, inability to use or failure of the services contemplated by these Terms and Conditions.
13. ONTARIO, CANADA LAW
These Terms and Conditions and any transaction entered into pursuant hereto, shall be governed by and interpreted in accordance with the laws of the province of Ontario, Canada and the federal laws of Canada applicable therein.