1. In these terms and conditions unless context otherwise requires: 

2. These terms apply to all transactions and dealings between the customer (hereafter referred to as ‘you’ or ‘your’) and PMT Pty Ltd (hereafter referred to as ‘PMT’, ‘we’ or ‘us’) regardless of the method of transaction used.  

3. PMT is not responsible for any loss or liability incurred by you that is in anyway connected with any dealing or transaction you have with us, contemplated or actual, except to the extent of liability imposed on PMT by the ACL.  

4. Any information provided by PMT including but not limited to any information posted on our website is general in nature only and is not advice. PMT does not guarantee the accuracy of that information and the information should not be relied upon by you. 

5. These terms supersede any previous terms you may have entered with us. Any previous obligations entered into with the company will be treated as if the present terms apply. PMT reserves the right to alter the terms and will publish any amendments on the website.  

6. You acknowledge that you evidence your acceptance of these terms by: 

a. Creating an Account; or 

b. Placing an offer to buy a product; or  

c. Placing an offer to purchase a service; or  

d. Placing an offer to sell a product to PMT or its associated companies. 

7. You may submit an offer to buy or sell a product or service from PMT; however, we are not bound to accept any offer, order or enquiry received from you. 

8. You may submit an offer to buy a product from PMT (including the deposit of available funds). If your offer is accepted by PMT we will raise an invoice for the price of the product quoted by PMT and accepted by you at the time the offer was made.  

9. You may submit an offer to purchase a service from PMT. If your offer is accepted by PMT we will raise an invoice for the service fee as agreed with you at the time the offer was made.  

10. You may submit an offer to sell a product to PMT. If your offer is accepted by PMT we will raise a purchase order for the price of the product quoted by PMT and accepted by you at the time the offer was made. 

11. You enter into a binding contract with PMT, that is irrevocable, at the time the offer is accepted, whether placed over the counter at our offices, by phone, email or through our website, and any loss suffered by PMT, should you purport to withdraw the offer, will be charged to you.  

12. Payment terms of the contract for purchase of products by you is within one business day from the time of processing unless otherwise agreed by us in writing. Non-payment within the specified period will result in a default by the customer and you will also be liable to a default fee of $150 and any other losses or damages that PMT may suffer as a result of reliance on the offer.  

13. Payment terms for services provided by PMT are in accordance with the schedule of service fees provided by PMT at the time the offer is accepted.  

14. The price quoted by us at the time of your submission of the application is indicative only and is subject to confirmation with the purchase invoice sent to you. Further PMT reserves the right to correct any errors which are shown on the invoice at any time subject to giving you notice. You agree to accept without limitation the price on the correct invoice.  

15. Our invoice will stipulate the time of delivery of the products purchased by you. This will be based on the availability of the product at that time and is indicative only, this does not form part of our contractual obligation.  

16. You confirm that all information provided by you in the course of your dealing with PMT is complete, accurate, correct and is not misleading. We may rely on the information provided by you until we receive written notification that your information has changed. Any such variation to your information will be covered by this confirmation.  

17. You confirm that you have sufficient knowledge and experience to make informed decisions about your transaction with us, and if not, that you have received independent professional advice from a party qualified to provide such advice. 

18. You confirm that you are not intoxicated, under the effects of prescription or illicit drugs and have full capacity and authority to enter into contractual relationships at the time of your transaction with PMT. 

19. You confirm that you are making your own decision in relation to your transaction with us and that PMT has not provided any recommendation in relation to the transaction. PMT does not provide personalised advice and has not considered your personal circumstances in relation to any transaction you make with us. 

20. If you are the trustee of a trust or superannuation fund, you confirm that any transaction is for the benefit of the trust or superannuation fund and that you have the right to be fully indemnified out of trust assets or the superannuation fund for obligations incurred in any transaction.  

21. You confirm that at all times during your dealings with PMT that you will be in a position to meet any and all of your commitments and obligations arising from the contractual agreement you have entered into. 

22. The type, nature, extent, service provider or platform of any service, product or facility available to you may change from time to time. In such circumstances, where we consider it reasonably necessary, we will advise you of these changes.  

23. You acknowledge that investment in precious metals carries a risk and that it does not necessarily guarantee a profit or yield, and that in some instances the value of your investment may decline. You have assessed these risks with regard to your personal circumstances prior to entering a contract with PMT.  

24. You acknowledge that PMT is not responsible for the accuracy or completeness any third-party information that has been made available to you. 

25. You acknowledge that when PMT agree to arrange delivery, transport, and insurance of product for you, we do so as an agent, and to the maximum extent permitted by law, without liability.  

26. PMT is entitled to rely on instructions from an Authorised Agent that you appoint until you have notified us in writing that this appointment has been revoked.  

27. You understand that title in any product passes to you only once PMT has received payment of available funds from you. Risk associated with any product purchased by you passes to you once an offer has been accepted or as far as permitted by the ACL.  

28. PMT has the right to correct any trading or administrative errors including but not limited to reversing or cancelling an invoice or purchase order without your consent and without liability or recourse against PMT.  

29. You acknowledge that PMT will use their best endeavours to supply the product within the timeframe outlined in the invoice; however, PMT is not liable for any loss, damage or inconvenience suffered by you or any third party for a failure to meet any estimated supply date.  

30. Any period or date for delivery of product or provision of service advised by us is an estimate only and not a contractual commitment.  

31. If PMT cannot complete the services by the estimated date, we will complete the service within a reasonable timeframe.  

32. PMT makes every effort to deal fairly and in due turn with all orders to buy and sell products regardless of how you convey your instructions to us. It is the practice of PMT to deal with all orders in the sequence in which they are received, and otherwise as expeditiously as practicable. No product will be released or dispatched earlier than receipt of notification of purchase payments becoming cleared and available funds.  

33. You agree and confirm that you will notify PMT immediately of any errors or omissions in our records with respect to your details or account. Noting all requests to amend to your details or account must be received by us in writing (inclusive of email).  

34. PMT reserves the right to suspend trading, or immediate fulfillment of orders in times of high market volatility or fast-moving market conditions. Similarly, if a particular brand of product is not available at the time you enter into an agreement with PMT, that product may at PMT’s discretion be replaced with an equivalent weight of an alternate brand of metal until such time as the branded product ordered by you is received by PMT.  

35. You understand that prices published by PMT either on our website, by email or other means are indicative only and subject to these terms. The pricing of your particular order will be fixed at the time your invoice is issued and is based on a premium over the spot price for purchases and a premium below the spot price for sales.  

36. All prices quoted to you by PMT exclude storage, delivery and insurance charges unless expressly include. You understand that PMT must receive available funds within one business day of an offer being accepted. You must take delivery of your product not nominated for shipping within 1 month of being notified the product is available for collection or arrange storage of the product by PMT at your risk, and at an additional cost to you. These costs will have to be paid by you before you can take delivery of your product. An exception will only be made for requests made in writing at the time of purchase and agreed to by us in writing.  

37. You understand and acknowledge that PMT do not offer refund or exchange of products once purchased for any reason whatsoever.  

38. PMT may from time to time engage third parties to perform services on behalf of us and that these third parties are entitled to the full benefit of these terms including the exclusion of liability to the same extent as PMT and in line with ACL.  

39. All orders and instructions are subject to these terms and conditions without exclusion.  

40. It is your responsibility to make sure that any instructions given to PMT by you, or your authorised agent, are in accordance with the law. 

41. If PMT or a third party acting on behalf of PMT considers that it is in our reasonable interest to do so, and to the extent permitted by law, we may decline to act on your behalf in relation to any particular dealing, without explanation or advance notice.   

42. PMT may decline to act on your behalf where: 

a. We believe the transaction would not result in a change of beneficial ownership; 

b. We believe the instructions are ambiguous, incomplete, or unclear; or 

c. Your account with us has been suspended due to unpaid or overdue amounts owing. 

43. PMT has the absolute discretion and right to correct any trading, pricing or administrative errors. This includes but is not limited to reversing orders, cancelling orders or correcting a mistaken price calculation without an explanation or your consent.  

44. If more than one person constitutes a customer, then they are jointly and severally bound by these terms and PMT is able to act upon the instructions of any one of those people unless specified otherwise in writing by the customers.  

45. The currency, unless otherwise expressly stated, for any transaction is Australian Dollars (AUD). 

46. You must pay PMT the full purchase price for any products, services, commissions, fees and charges in connection with your purchase. 

47. Responsibility for payment of any fees, taxes or other charges levied by a third party on PMT in connection with your transaction with us, lies with you. 

48. PMT accept payment in the form of cash, cash deposited to our bank account, bank cheque and electronic funds transfer (EFT) or bank transfer.  

49. Any order must be paid for within one business day of being placed. In the event payment is not made within the one business day, you agree that PMT may amend the price of the product to reflect market pricing (although we are not obligated to do so) or cancel your order. 

50.Any costs incurred by PMT relating to recovery of any amounts owing and any other third-party charges or fees levied on us in connection with the recovery will be reimbursed in full by you. 

51. You must compensate and indemnify us in respect to any and all losses, claims and expenses that are incurred as a result of you defaulting on your contractual obligations, including any losses incurred by exiting any hedging positions taken by us as a result of your contract. 

52. PMT may refuse to accept or fulfil any further orders from you for our products or services in the event of your default. 

53. All PMT orders for delivery require insurance which will be calculated as a percentage of the total order value and will be clearly stated on the invoice. Please note that the insurance only covers transit from dispatch until first arrival at the nominated delivery address. Insurance does not cover incorrect or incomplete delivery addresses or third parties signing for the delivery, unless specifically authorised. 

54. Except as outlined in these terms any contract with PMT does not include any other term, condition or warranty with respect to the quality, fitness for purpose, condition or merchantability of the bullion or any contract for remedy for their failure.  

55. As a consumer there is nothing contained in these terms and conditions that modifies or limits your rights and remedies against PMT for failure of statutory guarantee under the ACL. 

56. If you on-supply any bullion sold by PMT to another consumer the goods are not for personal, domestic or household use or consumption, the amount specified in section 276A(1) of the ACL is the absolute limit of our liability to you or any third party. Otherwise payment of an amount required under section 274 of the ACL will be the absolute limit of our liability to you or any third party. 

57. If PMT is not able to perform, wholly or in part, any of their obligations under this agreement as a result of any event that is out of its control, including but not limited to, acts of God, government intervention, military activity, strike action, terrorism, financial crisis, derivative meltdown, failure of a supplier or storage partner that may delay delivery, PMT shall not be liable for any damages as a result or in connection with such a delay or failure. 

58. PMT reserves the right to vary these terms at our sole discretion. Any variation to these terms will apply to all dealings between you and us from the day on which the variation takes effect. We recommend you read these terms before each transaction to ensure you remain comfortable with the inclusions.  

59. Subject to the completion of any outstanding obligations, these arrangements may be terminated by either party giving no less than seven days’ notice to the other party. 

60. You must not assign any agreement without the prior written consent of PMT. PMT reserves the right to assign any agreement without notice to you.  

61. If the whole or any part of a provision of any agreement is or shall become void, unenforceable or illegal, the remainder of any agreement shall have full force and effect. The parties agree that in such a case, the provision held void, unenforceable or illegal shall be replaced by such provision that in its commercial and legal context is most similar to the provision held void, unenforceable or illegal.  

62. This agreement shall be governed by and construed in accordance with the laws of Queensland and the parties hereby submit to the exclusive jurisdiction of the courts of Queensland.  

63. PMT are required under the AML/CTF Act to verify and confirm your identity for purchases or sales when the retail value of the transaction is AUD$5,000 or more, or the foreign currency equivalent. It is an offence under the AML/CTF Act to provide false or misleading information about your identity. 

64. PMT are not required to carry out applicable customer identification procedures for purchases or sales when the retail value of the transaction is less than AUD$5,000 or the foreign currency equivalent. We may however, at our discretion, request identification from you regardless of the transaction amount if we determine it to be reasonably necessary. 

65. Transactions with a value of $10,000 or more which are settled in cash trigger our obligation to submit a report to AUSTRAC under the AML/CTF Act. 

66. PMT have a regulatory obligation to make any reasonable enquires necessary to ensure the legitimacy of customers and transactions. On occasion we may ask you to confirm additional details as they relate to your identification, source of funds or any information we deem reasonably necessary. 

67. We reserve the right to decline any transaction without explanation where we determine an unacceptable exposure to risk for PMT.  

68. PMT may share your personal information with the regulator or other enforcement body to the extent that we are required to do so by the law. 

69. The content on or linked to our website is general information only and is not legal or financial advice. Before you make a decision to take a particular action based on the content on or linked to this website, you should check its accuracy, completeness, currency and relevance for your purposes. You may wish to seek independent professional advice.  

70. While every effort is made to ensure the information and links on the website are accurate, information and links may not always be up to date. Any content, including publications and email newsletters, on this website is intended only to provide a summary, general overview or is for general interest only. This information is not intended to be comprehensive and should not be relied upon. While we attempt to ensure that the content is current, we do not guarantee its currency.  

71. PMT is not responsible to you or anyone else for any loss suffered in connection with the use of the website or any of its content. This includes, but is not limited to, the transmission of any computer virus. PMT makes no warranties or representations about the website or any of the content. We exclude, to the maximum extent permitted by law, any liability which may arise as a result of the use of this website or its content. Where liability cannot be excluded, any liability incurred by us in relation to the use of the website or its content is limited as provided under the ACL. We will never be liable for any indirect, incidental, special or consequential loss arising out of the use of the website, including loss of business profits.  

72. PMT and its associated entities are bound by the obligations set out under the Australian Privacy Principles (or APPs) and the Privacy Act (1988).  

73. The PMT Privacy Policy is available on our website or on request from PMT and should be read in conjunction with these terms. It contains further details about how we collect and handle your information, how you can update your information with us and how to make a complaint about a breach of your privacy rights. 54