Jaggards Rare Coin & Bullion Dealers

Terms & Conditions

  1. Definitions
    1. "Jaggards" means Jaggards Trading Pty Ltd (ABN 81 613 108 553)
    2. "Customer" means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.
    3. "Goods" means all Goods or Services supplied by Jaggards to the Customer at the Customer's request from time to time (where the context so permits the terms 'Goods' or 'Services' shall be interchangeable for the other).
    4. "Price" means the Price payable for the Goods as agreed between Jaggards and the Customer in accordance with clause 7 below.
  2. Acceptance
    1. The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of the Goods.
    2. These terms and conditions may only be amended with Jaggards' consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and Jaggards.
    3. The Customer accepts and acknowledges that a binding contract exists between the Customer and Jaggards from the time that the Customer agrees the Price and places the buy online via the 'I accept the Terms and Conditions' check box, and the 'purchase' button. The Customer assumes all price exposure risk on the Goods from this time.
    4. A copy of the completed order confirmation and sales contract will be emailed to the Customer at the time that the contract comes into existence.
    5. When purchasing from Jaggards, the Client accepts that the Client's financial details will be passed through a secure server using the latest 128-bit SSL (Secure Sockets Layer) encryption technology. (128-bit SSL encryption is industry standard and is approximated to take a minimum of one trillion years to break).
  3. Electronic Transactions Act 2000
    1. Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.
  4. Online Ordering
    1. The Customer acknowledges and agrees that:
      1. Jaggards does not guarantee the website's performance or availability of any of its Goods; and
      2. on-line ordering may be unavailable from time to time for regularly scheduled maintenance and/or upgrades; and
      3. prices quoted on Jaggards' website are updated live during Jaggards' normal business hours (Monday to Friday, excluding public holidays) and are indicative only until such time as a sale is confirmed; and
      4. there are inherent hazards in electronic distribution and as such Jaggards cannot warrant against delays or errors in transmitting data between the customer and Jaggards including orders. The Customer agrees that to the maximum extent permitted by law, Jaggards will not be liable for any losses which the Customer suffers as a result of online-ordering not being available or for delays or errors in transmitting orders
    2. Jaggards reserves the right to terminate the Customer's order in the event that Jaggards learns that the Customer has provided false or misleading information, interfered with other users or the administration of Jaggards' Services, or violated these terms and conditions.
  5. Customer Identification
    1. Under Australian law, Jaggards is required to adequately identify Customers for any purchase of bullion products over $5,000.
    2. For online orders over $5,000 the Customer must provide appropriate certified identification documents, along with the certifier's original signature, before delivery of the Goods can be effected. Such documents can be delivered to Jaggards in person at Level 8, 74 Pitt Street, Sydney NSW 2000, or by mail to PO Box 345, Royal Exchange NSW 1225.
    3. For individual Customers, appropriate identification consists of two (2) certified/notarized photo ID documents (for example, passport or driver's licence) showing the Customer's full name, date of birth and residential address.
    4. For other entities (including, but not limited to, companies and trusts), identification requirements are specified on Jaggards' website when registering.
  6. Change in Control
    1. Customer shall give Jaggards not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer's details (including but not limited to, changes in the Customer's name, address, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by Jaggards as a result of the Customer's failure to comply with this clause.
  7. Price and Payment
    1. At Jaggards' sole discretion the Price shall be Jaggards' quoted price (subject to clause 7.2) which will be valid for a period of five (5) minutes.
    2. The Customer acknowledges that Jaggards' quoted price is subject to variation if the transaction is not completed within the five (5) minute window, and Jaggards reserves the right to change the Price if a variation to Jaggards' quotation is requested. Any variation from the plan of scheduled Services or specifications of the Goods (including, but not limited to, any variation as a result of fluctuations in currency exchange rates or in the dollar value of precious metal prices, or increases to Jaggards in the cost of taxes or levies) will be charged for on the basis of Jaggards' quotation and will be shown as variations.
    3. A non-refundable deposit of ten percent (10%) of the Price shall be required at the time of order.
    4. Time for payment for the Goods being of the essence, the Price will be payable by the Customer on the date/s determined by Jaggards, which may be:
      1. before delivery of the Goods;
      2. within twenty-four (24) hours of the time of the order, or on the next working day if the order is placed on a weekend;
      3. failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by Jaggards.
    5. The sales order number or the Customer's name must be quoted as a reference when transferring funds to Jaggards to ensure that funds are correctly allocated.
    6. Orders of AUD100,000 or more cannot be placed on Jaggards' website, and must be transacted in person or by telephone. Cleared funds must be received from the verified Customer
    7. Payment must be in Australian dollars (AUD) only and may be made by electronic/on-line banking, telegraphic transfer, credit card, or by any other method as agreed to between the Customer and Jaggards. A surcharge of one and a half percent (1.5%) of the deposit amount shall apply to all online transactions.
    8. Unless otherwise stated the Price does not include GST. GST is not charged on gold bullion whether sold in Australia or overseas. The Customer must pay any taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
  8. Delivery of Goods
    1. Delivery ("Delivery") of the Goods is taken to occur at the time that:
      1. the Customer or the Customer's nominated carrier takes possession of the Goods at Jaggards' address; or
      2. Jaggards (or Jaggards' nominated carrier) delivers the Goods to the Customer's nominated address even if the Customer is not present at the address.
    2. At Jaggards' sole discretion the cost of delivery is in addition to the Price.
    3. The Customer must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged then Jaggards shall be entitled to charge a reasonable fee for redelivery and/or storage.
    4. Wherever possible, Goods will be despatched by Jaggards the day following receipt of full payment in cleared funds.
    5. Any time or date given by Jaggards to the Customer is an estimate only. The Customer must still accept delivery of the Goods even if late and Jaggards will not be liable for any loss or damage incurred by the Customer as a result of the delivery being late.
  9. Risk
    1. Risk of damage to or loss of the Goods passes to the Customer on Delivery and the Customer must insure the Goods on or before Delivery.
    2. If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, Jaggards is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Jaggards is sufficient evidence of Jaggards' rights to receive the insurance proceeds without the need for any person dealing with Jaggards to make further enquiries.
    3. If the Customer requests Jaggards to leave Goods outside Jaggards' premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Customer's sole risk.
  10. Title
    1. Jaggards and the Customer agree that ownership of the Goods shall not pass until:
      1. the Customer has paid Jaggards all amounts owing to Jaggards; and
      2. the Customer has met all of its other obligations to Jaggards.
    2. Receipt by Jaggards of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
    3. It is further agreed that:
      1. until ownership of the Goods passes to the Customer in accordance with clause 10.1 that the Customer is only a bailee of the Goods and must return the Goods to Jaggards on request.
      2. the Customer holds the benefit of the Customer's insurance of the Goods on trust for Jaggards and must pay to Jaggards the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
      3. the Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods then the Customer must hold the proceeds of any such act on trust for Jaggards and must pay or deliver the proceeds to Jaggards on demand.
      4. the Customer should not convert or process the Goods or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of Jaggards and must sell, dispose of or return the resulting product to Jaggards as it so directs.
      5. the Customer irrevocably authorises Jaggards to enter any premises where Jaggards believes the Goods are kept and recover possession of the Goods.
      6. Jaggards may recover possession of any Goods in transit whether or not delivery has occurred.
      7. the Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Jaggards.
      8. Jaggards may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.
  11. Personal Property Securities Act 2009 ("PPSA")
    1. In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
    2. Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by Jaggards to the Customer.
    3. The Customer undertakes to:
      1. promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Jaggards may reasonably require to;
        1. register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
        2. register any other document required to be registered by the PPSA; or
        3. correct a defect in a statement referred to in clause 11.3(a)(i) or 11.3(a)(ii);
      2. indemnify, and upon demand reimburse, Jaggards for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
      3. not register a financing change statement in respect of a security interest without the prior written consent of Jaggards;
      4. not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of Jaggards;
      5. immediately advise Jaggards of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
    4. Jaggards and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
    5. The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
    6. The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
    7. Unless otherwise agreed to in writing by Jaggards, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.
    8. The Customer must unconditionally ratify any actions taken by Jaggards under clauses 11.3 to 11.5.
    9. Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
  12. Security and Charge
    1. In consideration of Jaggards agreeing to supply the Goods, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
    2. The Customer indemnifies Jaggards from and against all Jaggards' costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Jaggards' rights under this clause.
    3. The Customer irrevocably appoints Jaggards and each director of Jaggards as the Customer's true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 12 including, but not limited to, signing any document on the Customer's behalf.
  13. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
    1. The Customer must inspect the Goods on delivery and must immediately on delivery notify Jaggards in writing of any evident shortage in quantity, or failure to comply with the description or quote. Upon such notification the Customer must allow Jaggards to inspect the Goods.
    2. Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
    3. Jaggards acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
    4. Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Jaggards makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. Jaggards' liability in respect of these warranties is limited to the fullest extent permitted by law.
    5. If the Customer is a consumer within the meaning of the CCA, Jaggards' liability is limited to the extent permitted by section 64A of Schedule 2.
    6. If Jaggards is required to replace the Goods under this clause or the CCA, but is unable to do so, Jaggards may refund any money the Customer has paid for the Goods.
    7. If the Customer is not a consumer within the meaning of the CCA, Jaggards' liability for any defect or damage in the Goods is:
      1. limited to the value of any express warranty or warranty card provided to the Customer by Jaggards at Jaggards' sole discretion;
      2. limited to any warranty to which Jaggards is entitled, if Jaggards did not manufacture the Goods;
      3. otherwise negated absolutely.
    8. Subject to this clause 13, returns will only be accepted provided that:
      1. the Customer has complied with the provisions of clause 13.1; and
      2. Jaggards has agreed that the Goods are defective; and
      3. the Goods are returned within a reasonable time at the Customer's cost (if that cost is not significant); and
      4. the Goods are returned in as close a condition to that in which they were delivered as is possible.
    9. Notwithstanding clauses 13.1 to 13.8 but subject to the CCA, Jaggards shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
      1. the Customer failing to properly maintain or store any Goods;
      2. the Customer using the Goods for any purpose other than that for which they were designed;
      3. the Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
      4. the Customer failing to follow any instructions or guidelines provided by Jaggards;
      5. fair wear and tear, any accident, or act of God.
    10. Notwithstanding anything contained in this clause if Jaggards is required by a law to accept a return then Jaggards will only accept a return on the conditions imposed by that law.
  14. Default and Consequences of Default
    1. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Jaggards' sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
    2. If the Customer owes Jaggards any money the Customer shall indemnify Jaggards from and against all costs and disbursements incurred by Jaggards in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Jaggards' contract default fee, and bank dishonour fees).
    3. Without prejudice to any other remedies Jaggards may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions Jaggards may suspend or terminate the supply of Goods to the Customer. Jaggards will not be liable to the Customer for any loss or damage the Customer suffers because Jaggards has exercised its rights under this clause.
    4. Without prejudice to Jaggards' other remedies at law Jaggards shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Jaggards shall, whether or not due for payment, become immediately payable if:
      1. any money payable to Jaggards becomes overdue, or in Jaggards' opinion the Customer will be unable to make a payment when it falls due;
      2. the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
      3. (c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
  15. Cancellation
    1. Jaggards may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice Jaggards shall repay to the Customer any money paid by the Customer for the Goods. Jaggards shall not be liable for any loss or damage whatsoever arising from such cancellation.
    2. In the event that the Customer cancels delivery of Goods the Customer shall forfeit any deposit paid and shall be liable for any and all loss incurred (whether direct or indirect) by Jaggards as a direct result of the cancellation (including, but not limited to, any loss of profits).
    3. Cancellation of orders for Goods made to the Customer's specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.
  16. Privacy Act 1988
    1. The Customer agrees for Jaggards to obtain from a credit reporting agency a credit report containing personal credit information about the Customer in relation to credit provided by Jaggards.
    2. The Customer agrees that Jaggards may exchange information about the Customer with those credit providers either named as trade referees by the Customer or named in a consumer credit report issued by a credit reporting agency for the following purposes:
      1. to assess an application by the Customer; and/or
      2. to notify other credit providers of a default by the Customer; and/or
      3. to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
      4. to assess the creditworthiness of the Customer.
      The Customer understands that the information exchanged can include anything about the Customer's creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
    3. The Customer consents to Jaggards being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
    4. The Customer agrees that personal credit information provided may be used and retained by Jaggards for the following purposes (and for other purposes as shall be agreed between the Customer and Jaggards or required by law from time to time):
      1. the provision of Goods; and/or
      2. the marketing of Goods by Jaggards, its agents or distributors; and/or
      3. analysing, verifying and/or checking the Customer's credit, payment and/or status in relation to the provision of Goods; and/or
      4. processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or
      5. enabling the daily operation of Customer's account and/or the collection of amounts outstanding in the Customer's account in relation to the Goods.
    5. Jaggards may give information about the Customer to a credit reporting agency for the following purposes:
      1. to obtain a consumer credit report about the Customer;
      2. allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.
    6. The information given to the credit reporting agency may include:
      1. personal particulars (the Customer's name, sex, address, previous addresses, date of birth, name of employer and driver's licence number);
      2. details concerning the Customer's application for credit or commercial credit and the amount requested;
      3. advice that Jaggards is a current credit provider to the Customer;
      4. advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
      5. that the Customer's overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
      6. information that, in the opinion of Jaggards, the Customer has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Customer's credit obligations);
      7. advice that cheques drawn by the Customer for one hundred dollars ($100) or more, have been dishonoured more than once;
      8. that credit provided to the Customer by Jaggards has been paid or otherwise discharged.
  17. General
    1. The failure by Jaggards to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Jaggards' right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
    2. These terms and conditions and any contract to which they apply shall be governed by the laws of the state of New South Wales in which Jaggards has its principal place of business, and are subject to the jurisdiction of the Sydney Courts in that state.
    3. Subject to clause 13 Jaggards shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Jaggards of these terms and conditions (alternatively Jaggards' liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
    4. The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by Jaggards nor to withhold payment of any invoice because part of that invoice is in dispute.
    5. Jaggards may license or sub-contract all or any part of its rights and obligations without the Customer
    6. The Customer agrees that Jaggards may amend these terms and conditions at any time. If Jaggards makes a change to these terms and conditions, then that change will take effect from the date on which Jaggards notifies the Customer of such change. The Customer will be taken to have accepted such changes if the Customer makes a further request for Jaggards to provide Goods to the Customer.
    7. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
    8. The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.