Any of the Goods posted by the Customer to GoldPay Pty Limited tradings as the Gold Company Group ABN 89 641 934 518(The Gold Company) will be subject to relevant terms and conditions of service of the postal or delivery service used by the Customer. The Gold Company does not accept responsibility for any loss, theft or damage to any Goods arising from their carriage by the postal or delivery service.
The Gold Company performs refining services for items containing precious metals, such as gold, platinum and silver. On receipt of any Good from the Customer, which is submitted with a validly completed application form and the valid identification documents identified above, The Gold Company will, within 7 days of receipt of the Goods by The Gold Company, notify the Customer by telephone of the Quoted Price for that Good (Notification).
The Notification will be deemed to constitute an offer by The Gold Company that it is willing to purchase the Refined Metal from the Customer in consideration for payment of the Quoted Price, when and if the Refined Metal is produced (Offer).
Where the Customer does not use a Jewellery Return GoldPak prepaid satchel to post any Good to The Gold Company and pays for postage or delivery of that Good, an additional twenty dollars ($20.00) will be added to the Offer (Postal Credit).
By signing this Form “A” and sending it to The Gold Company, the Customer will be deemed to have confirmed and agreed to The Gold Company that:
the Customer is the beneficial owner of the Goods; and
none of the Goods is subject to any encumbrance, third party claim, lien or any other claim.
If the Customer instructs The Gold Company in the telephone conversation in which the Offer is made that he accepts the Offer, the Customer will be deemed to have:
accepted the Offer in accordance with its terms;
irrevocably directed and authorised The Gold Company to refine, or procure the refining of, the Goods in order to produce the Refined Metal; and
conditional only upon the completion of the production of the Refined Metal, agreed to sell all the Refined Metal to The Gold Company in consideration for the payment to the Customer, in cleared funds, of the Quoted Price.
If the Customer instructs The Gold Company, in the telephone conversation in which the Offer is made, that he does not accept the Offer and wants all or any of the Goods either:
returned to the Customer, The Gold Company will send to the Customer at the address stated in this Form “A”, within 7 days of the date of receiving that advice, that Good or those Goods that are the subject of that Customer’s instruction, at the sole expense of the The Gold Company; and
refined, and the Refined Metal returned to the Customer, The Gold Company will send to the Customer at the address stated in this Form “A”, within 7 days of the date of receiving that advice, that Refined Metal, and any remaining Goods that the Customer has instructed are not to be refined, subject to first receiving from the Customer payment of two hundred dollars ($200.00) being the fee for refining the Goods into the Refined Metal, and repayment to The Gold Company of the Quoted Price, less any Postal Credit (where applicable).
The Customer is not obliged to accept or reject the Offer in the course of the telephone conversation in which the Offer is made.
When the Customer neither accepts or rejects the Offer in the course of the telephone conversation in which the Offer is made, the Customer will be deemed to have directed and authorised The Gold Company to retain possession of the Goods as bailee, for and on behalf of the Customer. During the term of that bailment, The Gold Company does not and will not accept any responsibility for the loss, theft or damage to any Goods the subject of the bailment. If, after the expiry of ninety (90) consecutive days including and following the date on which the Offer was first made, the Customer has neither accepted or rejected the Offer in respect of a Good, The Gold Company reserves the right to return that Good to the Customer at the address stated on this Form “A” without any prior notice or communication to the Customer.
The Gold Company will pay the Quoted Price to the Customer in accordance with the Customer’s payment instructions in this Form “A”.
Apart from gold, platinum or silver, The Gold Company accepts no responsibility:
to attribute any value to, or to preserve, any component, object, substance or material in, attached to or forming part of any of the Goods;
for the destruction or disposal of any such object, component, material or substance in the refinement process. Customers are encouraged to remove any such objects, components, materials or substances before they submit items for valuation to The Gold Company.
The Quoted Price is not represented by The Gold Company as being the value, or greater than the value, of the Refined Metal or the Good from which it will be refined. The Quoted Price is represented by The Gold Company as being the price that The Gold Company is willing to pay the Customer to acquire the unencumbered title in the Refined Metal, once that Refined Metal has been produced.
The Customer and The Gold Company each agree that unless and until:
the Customer has accepted, or is deemed to have accepted, the Offer;
the Good or the Goods in respect of which the Offer has been accepted or deemed to have been accepted have been refined into Refined Metal; and
The Gold Company has paid the Quoted Price to the Customer for that Refined Metal, the Customer has and will retain all title and ownership in those Goods and/or that Refined Metal.
The Gold Company reserves the right, subject to prior notification to, and consent being obtained from, the Customer, either verbally and/or in writing, to record by any audio and/or visual or other electronic means, any and every telephone conversation that occurs between The Gold Company and that Customer, and to retain possession of, and to use in a manner consistent with the Customer’s rights to privacy, any recording of each such telephone conversation.
The provisions of the agreement constituted by this Form “A” and by any acceptance or deemed acceptance of an Offer will be governed by the laws of New South Wales and the courts of that State will have exclusive jurisdiction to resolve any dispute arising between the parties to that agreement.