Terms and Conditions

The following Terms and Conditions (hereinafter “agreement”) govern each transaction between you and Bullion Partners of Canada Ltd. (“We”, “us”, “our” or “BPOC”) and are legally binding on you as a visitor/user of our web sites ( www.barriegoldbuyer.com, www.bullioncanada.com ) and/or as our customer and inure to the benefit of BPOC and its successors and assigns.

1. Requirements for Site Use

Site visitors may not violate the law or any jurisdiction while visiting our site or using any tool or service that we provide or conduct any activity that is harmful or detrimental to our site as solely determined by us.

You warrant to us that you:

• You are at least eighteen (18) years of age
• Are the actual legal owner of any and all gold, jewelry, and other property sold or attempted to be sold to us and acting on your own behalf and not as the agent or the representative of another person. Property is not from, or the result of illegal activity in this country or any other country.
• Will not cause us to be in violation or any anti-money laundering, anti-terrorism, or any other applicable law of Canada or any foreign country by any transaction initiated by you.
• You agree not to send in materials containing the following: Arsenic, Beryllium, Bismuth, Cadmium, Mercury, Selenium, Tellurium or any other deleterious elements.
• We may request documentation or other proof of compliance with these requirements.

2. Application

All customers who sell scrap metal to BPOC must open have an account with BPOC. Customers who already have an account with BPOC, please refer to section 3 of these Terms and Conditions.

2.1. Businesses

Businesses may open an account with BPOC for the purposes of selling scrap metal. Businesses can create an account either via telephone, email or in person. Business customers are asked to fill out a completed BPOC Business Account Information Form, as well as other appropriate documents

Failure to provide all of the documents required will delay the opening of a business account. Upon BPOC review of a business application, BPOC will send a conformation to the customer on whether the business application has been accepted or rejected.

The Business Customer recognizes that BPOC relies on the legitimacy of all information provided by the business customer. By agreeing to these Terms and Conditions, the business customer permits that all information provided is correct and accurate.

2.2. Individual/Private Customers

Individual/Private Customers also may open an account with BPOC for the purposes of selling scrap metal. Individual/Private Customers can create an account either via telephone, email or in person. Individual/Private Customers are asked to fill out a completed BPOC Private/Individual Account Information Form, as well as other appropriate documents.

Failure to provide all of the documents required will delay the opening of a business account. Upon BPOC review of an individual/private application, BPOC will send a conformation to the customer on whether the individual/private application has been accepted or rejected.

The Individual/Private Customer recognizes that BPOC relies on the legitimacy of all information provided by the Individual/Private customer. By agreeing to these Terms and Conditions, the Individual/Private customer permits that all information provided is correct and accurate.

3. Transactions

BPOC customers can either ship or bring their scrap metal to our Barrie, ON location to be tested, following which BPOC customers can choose to sell their scrap metal to BPOC for the purpose of being refined.

3.1. Shipping Scrap Metal to BPOC

Any and all scrap metal that is shipped to BPOC must be accompanied by a packing slip. All customers who ship scrap metal to BPOC must have a valid account.

BPOC is not responsible for the customs clearing, duties or transportation costs related to any shipment. All costs relating to these issues will remain the customer’s sole responsibility if the customer chooses to ship material themselves.

Customers are able to ship material using BPOC’s third party shipper/insurer (mailing kit). Only customers with a valid account can use this service.

BPOC does not provide any letters of guarantee or credit.

3.2. Guarantee against Loss/Limitation of Liability

In the event you properly use our provided mailing kit and the mailing kit is initially scanned (or some other evidence of receipt) by the carrier, your items will be insured against loss for a mutually agreed price. In the event you use your own packaging, you must insure your property with the carrier for its full value and if it is lost or stolen prior to reaching BPOC, you must make a claim against the carrier. We utilize the services of third party carriers such as FedEx and Canada Post for the delivery of our packages. The tracking applications of these third parties carriers will be the sole proof that your items were mailed to us. We reserve the right to reject delivery of any mailing kit or package which appears to be damaged, opened, or tampered with. We will have no liability to you for any such attempted delivery or the return of any such items.

3.3 Testing Scrap Metal

Scrap metal sent to BPOC will be tested using one, or a combination of the following methods: touch stone/acid test, conductivity test, XRF- Spectrometer or melted and assayed.

Scrap metal that is tested at BPOC will be damaged in the process of being assayed. As a result of the type of testing BPOC does, if a customer requested to have their scrap metal returned to them after testing, it will not be returned in the same condition as when it was received by BPOC.

Once a customer’s scrap metal has been tested, BPOC will contact the customer to go forward with completing the transaction.

Scrap metal that is requested to be returned to the customer prior to completing a transaction will only be returned once payment of applicable shipping costs, and fees are paid in full.

Scrap metal shipped to BPOC can be rejected if BPOC determines that metal contaminants are outside of acceptable tolerances.

4. Payment

Settlement options for BPOC transactions are as listed:

• Cheque via regular mail (no service fee)
• Cheque via courier (service fees vary on customer's location)
• Bank Wire Transfer (Minimum $30 service fee)
• Email Money Transfer (Minimum $20 service fee)
• Direct Deposit (Privileged customers only)
• Pool Account (no service fee)

Processing and settlement of BPOC transactions from customers who ship their scrap metal in may take up to two (2) business days from the date that the scrap metal is received by BPOC.

Due to anti-money laundering (AML) legislation in both Canada and the United States, BPOC cannot forward any payment from a BPOC transaction to an individual or entity who is the actual account holder. Business customer settlements can only be made out in the business name. Sole Proprietors settlements can be made in either the business name or the sole proprietor’s name.

4.1 Acceptable Methods of Payment

BPOC accepts the following methods of payment:

• Cash
• Wire Transfer
• Bank Draft
• Cleared funds of a pool account

BPOC can refuse payments or funds (in any form) received from an individual that is not the named account owner.

4.2 Completing a Transaction

A transaction is completed once BPOC receives a customer’s scrap metal and BPOC performs its main obligation. Legal ownership of a customer’s scrap metal will be transferred from customer to BPOC once the transaction is completed. All transactions are final. Once a BPOC transaction is complete and ownership has been transferred to BPOC, scrap metal cannot be returned to the customer.

4.3 Offers to Purchase (including offers by mail, phone or email)

You may request or we may provide verbal opinions, offers or estimates via email or telephone for your material at our discretion to best serve the interests of the parties. Such offers may, at our discretion, be recorded. Please note that these estimates are based on the information that your provide to us so they differ from the quote we will provide to you via phone or email by the time we have physically received and evaluated your material and taken into account current market conditions.

Upon your acceptance, oral or written, of the purchase price offered by us, the transaction is complete and legally binding upon the parties. Your verbal acceptance or electronic signature shall result in the immediate transfer of title and ownership of the material to BPOC. If we do not get a response from you to purchase price offered by us within three (3) business days (period starting from the day of submission) this equates to you accepting our offer of purchase. Payment will be issued by us and you will not have the opportunity to return your payment and receive your items back from us.

5. Transactions Cancellations

5.1 Cancellation Request by the Customer

Transaction may be cancelled by the customer at the customer’s request, on condition that settlement has not been issue. Customers must submit all cancellation requests in person or by telephone only.

5.2 Cancellation by BPOC

Transactions may be cancelled by BPOC at any time. If a transaction is cancelled by BPOC the customer will be notified and all material will be shipped back to the customer.

5.3 Materials Sent in Differ from Packing List

By offering merchandise for sale to BPOC (and sending the same to BPOC for evaluation regarding potential purchase by us) you understand and expressly agree that you will be offered the fair market wholesale value as established by us for such items. If you are not satisfied with our quote or for any other reason want us to return your items, simply call us at 844-734-2224 / 705-734-2222, or email us at info@barriegoldbuyer.com on the same day of our offer and you will receive confirmation for the return of your items. You will have to pay a shipping charge for such material to be returned to you. You understand that the failure to adhere to these procedures might result in the processing of the contents that you submitted and that once processed the items will not be able to be recovered. If you accepted our offer either by email or phone, the material has then fully changed ownership and we can proceed with processing the material.

You should not submit non-precious materials. If you have submitted 100% non-precious materials, you will have to pay shipping, handling and processing charge for such material to be returned to you.

For all material to be returned to you BPOC shall, in its sole discretion, choose the return carrier, insurance provider and receipt verification method for each such transaction. We will insure your material for a mutually agreed price regardless of what it was insured for when mailed by you to BPOC. The additional cost will then be added to the shipping changes mentioned above. You agree to waive any losses not covered by the amount of insurance purchased accordingly by us in the event the items returned to you are lost, your sole remedy is to seek reimbursement via the insurance carrier and such losses and claims are subject to the terms and conditions of the insurance carrier any the policy purchased by BPOC on your behalf.

6. Fees

The following section outlines all fee’s that BPOC may charge the customer for services BPOC provides. All fees stated are in Canadian Dollars (CAD), unless otherwise specified.

6.1 Melt & Assay Fees

A breakdown of the scrap metal, fees, processing times and sample sizes are listed in the table below:

6.2 Transaction Cancellations

If a customer chooses to cancel a transaction after a melt and assay, the customer is subject to a $250 charge on non-purchased melt and assayed lots. Transactions cancelled before a melt and assay will be subject to any and all shipping and insurance fees accumulated by the customer.

6.3 Shipping & Insurance fee

If the customer chooses to have BPOC arrange for shipping and insurance of packages shipped to BPOC, or should the customer or BPOC return any scrap metal back to the customer, shipping and insurance fees will also be applicable. Shipping and insurance fee quotes will be provided to the customer during the transaction process based on the estimated value of shipment, shipping method, weight of shipment and the shipping destination. Taxes may apply to shipping and insurance fees.

6.4 Sales Tax

All fee quotes herein these Terms and Conditions are exclusive of sales tax. Taxes may apply on certain transactions.

7. Melt Loss

The testing, melting and refining of scrap metal will result in a decrease of gross weight, due to the high temperatures, impurities and certain alloys can be eliminated. A decrease in weight will also occur once all gemstones, enamel, imbedded metals and other misc. items are removed and or retained in borax.

7.1 Dental

BPOC reserves the right to deem whether or not it is safe to melt and assay a customer’s dental scrap. Dental scrap may lose as much as 50% of its gross weight in a melt, depending on the amount of enamel and other impurity’s present in the materials. In the case that BPOC does not deem it is safe to melt the customers dental scrap, BPOC will purchase the dental scrap on a piece by piece basis.

8. Market Risk

All customers should do their due diligence and cautiously consider the volatility of precious metals before making any decisions that may affect their financial situation.

The purchase and sale of precious metals can involve a high degree of risk and depending on a customer’s financial situation, is not suitable for all persons. There is no guarantee of yield or return when purchasing and selling precious metals. The customer has read and understands these terms and conditions and comprehends the risk of decline in the precious metals market is the customers risk and not that of BPOC.

8.1 Advice

BPOC does not offer or give and will not provide any investment advice in relation to any transaction which might be made by the customer. The customer warrants that BPOC has not offered or given any investment advice to the customer in relation with the products and services offered by BPOC.

9. BPOC’s Rights

BPOC reserves the following rights and the customer understands and agrees to the following:

• BPOC may cancel or reject an order at any time
• BPOC may place limits on the amount that may be offered for sale or bought by BPOC in any twenty-four (24) hour period
• BPOC may terminate this agreement at BPOC’s sole discretion and may freeze an account or liquidate and close an account at any time for any reason including but not limited to mistreatment of policy, criminal activity, bypassing of BPOC’s security services, and any other violation of these terms and conditions. If a customer has a pool account with BPOC, BPOC will close the account and liquidate the customer’s holdings and sending the customer a cheque or bank wire transfer.

10. Limitation of Liability

10.1 Income Taxes/Capital Gains

BPOC reserves the following rights and the customer understand and agrees to the following:

10.2 Internet Security

BPOC follows to the highest security measure to ensure customer data is protected against theft, loss and corruption and against the misuse and alteration of any customer data stored by BPOC.

All information provided on BPOC’s website is not intended to provide legal, accounting or tax advice and should never be relied upon.

BPOC is not responsible in any way for direct, indirect, special or consequential damages however caused from the use of the BPOC website.

10.3 Indemnification

You agree to indemnify and hold BPOC harmless against any and all liability, claims, suits, losses, costs and legal fees (paid in advance) caused by; arising out of or resulting from any breach or claimed breach or these Terms and Conditions, including claims brought by third parties. You further warrant that you will fully, defend, protect, indemnify and hold harmless BPOC and its lawful successors and assigns from any adverse claim thereto.

10.4 Force Majeure

BPOC shall not be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquakes, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, epidemics, act or omissions of vendors or suppliers, transportations difficulties, unavailability of interruption or delay in telecommunication or third party services (including DNS propagation), failure of third party software or inability to obtain raw materials, supplies or power used in or equipment needed. We are not responsible for server downtime under any circumstances.

11. Customer Obligation and Liability

11.1 Ownership

The customer warrants that he/she is the owner or the authorized agent of the owner of any scrap metal being sold to BPOC.

11.2 Compliance

The customer is responsible for complying with all laws of the jurisdiction from which the customer utilizes the BPOC website or receives services described herein. The customer shall also be responsible at all times for collecting any approvals required by the authoritative body in such jurisdiction.

11.3 Intellectual Property, Trademarks and Logos

All content provided within or via the site is protected by various Canadian, U.S. and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties, agreements or licenses. No intellectual property of any nature contained within or via the site may be copied, published, or broadcast in any way without the written permission of the content owner, except for the content which is provided under the terms of a license with Share Alike conditions. The content of this site may not be “framed” or “mirrored”. No party who utilizes the website may attempt to tamper with, modify, reverse engineer, gain unauthorized access or modify any software used in BPOC’s programs or website. All trademarks presented on or via the site are owned by their respective owners and may not be used by you in any way.

All customers should do their due diligence and cautiously consider the volatility of precious metals before making any decisions that may affect their financial situation.

The purchase and sale of precious metals can involve a high degree of risk and depending on a customer’s financial situation, is not suitable for all persons. There is no guarantee of yield or return when purchasing and selling precious metals. The customer has read and understands these terms and conditions and comprehends the risk of decline in the precious metals market is the customers risk and not that of BPOC.

12. Miscellaneous

12.1 Death of customer

In the unfortunate event of a customer death, BPOC will need full documentation of customer’s estate, including a copy of the certificate of death, will or trust documentation and any validation information that is applicable. Upon BPOC’s confirmation of a customer’s death, BPOC will freeze the customer’s account and act in agreement with the customer’s will; Or in accordance with the trustee of the customer’s estate. It is the customer’s sole responsibility to make sure that all documentation required will be provided in the event of death.

12.2 Changes to terms and conditions

BPOC reserves the right to revise these terms and conditions, any appropriate fees and charges or any service, right or obligations provided herein at its sole discretion at any time, without prior notice to the customer. Approval of these terms and conditions is limited to the acknowledged transaction and is not applicable to any future transactions. Customer will be solely responsible for accepting these terms and conditions for every succeeding transaction.

12.3 Applicable Law

This agreement will be constructed in accordance with and governed by the laws applicable in the Province of Ontario and the laws of Canada therein. The parties hereby irreversibly submit to the non-exclusive jurisdiction of the Courts of the Province of Ontario in respect of all matters or disputes arising from the Agreement, except as otherwise specifically stated herein.

12.4 Binding Effect

These terms and conditions, including, without limitation, the limitations of liability, we will be binding on you and all third parties, including, but not limited to, your successors, assigns, insurance carriers an any other individual or entity asserting any right or claim relating to your transaction with us. In no event will BPOC be liable to any third party, including any insurance carrier. We will not be liable for any subrogation claim brought by your insurance carrier and by submitting any property or mailing kit to us; you expressly and specifically waive any such subrogation claim on your behalf as well as on the behalf of your insurance carrier.

12.5 Language

BPOC and BPOC customers agree and require that all deeds, documents or notices relating thereto will be performed in the English language.

12.6 Disclaimer of Warranty

We issue no warranty whatsoever and do not make any representation or warranties regarding the availability, sustainability, reliability, merchantability, non-infringement, capability, usefulness or fitness for any general or particular purpose of the site, or the tools, products or services herein supplied or sold regarding the characteristics of services provided by or through the site, or regarding the timeliness, accuracy or usefulness of information obtained from or through the site. The site and all content via the site are provided to you “As is, Where is”, without any warranty of any kind, expressed or implied.

12.7 Choice of Law, Waiver, and Claims

You expressly agree that the terms and conditions, and all BPOC transactions, will be exclusively governed by the laws of the Province of Ontario and must be brought in Barrie Ontario, without regard to its conflict of law provisions. BPOC’s failure to exercise or enforce any right or provision of those Terms and Conditions will not be deemed to be a waiver of such right or provision. If any of those Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other Terms and Conditions will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action out of related to use of the mailing kit or otherwise with BPOC must be filled within one (1) year after such claim or cause of action arose or be forever barred.

12.8 Privacy

BPOC respects your privacy; our privacy policy can be viewed at www.bullioncanada.com.

This document contains confidential and proprietary information of Bullion Partners of Canada Ltd.