The terms in this User Account agreement are in addition to the term found in the terms and conditions. This User Account agreement is by and between Gold Farm Limited Partnership, LLLP (“GFLP”) and the Customer identified below (“Customer”). Under the terms of this Agreement, and in addition to any other terms an conditions, on behalf of the of the Customer, GFLP shall hold in its custody precious metals purchased directly from GFLP by Customer, at the direction of the Customer under this Agreement.
By executing this Agreement, GFLP and the above identified Customer agree, undertake, understand, and acknowledge as follows:
Terms, Representations, Disclosures, and Conditions:
1. GFLP will store the Customer’s Precious Metals on a “said to contain” basis, subject to the terms and conditions stated herein. The GFLP is not responsible for the content, authenticity, fineness, value, weight, or accuracy of the identification markings of any precious metals the Customer delivers, or has delivered, to the Depository for storage.
2. GFLP will hold the Customer’s precious metals that have been purchased directly, or physically shipped by Customer, in segregated storage (“Segregated Storage”), meaning GFLP will hold the Customer’s precious metals in a manner physically separate and apart from the assets of other GFLP customers. The Customer’s precious metals remain the customer’s exclusive property held in bailment. Any precious metals assigned to a Customer through and Affiliate Account holder will be held in accordance with Affiliate Account agreements. Customer who has received precious metals from an Affiliate Account becomes the owner, and is entitled to the weight assigned by an Affiliate Account as described further in the terms and conditions. Customer is responsible for ensuring any products transferred from an Affiliate account to their User Account is accurate. Failure to report any inaccuracy immediately could result in fees and charges.
3. GFLP has the option to store the Customer’s precious metals on its own premises or on the premises of another depository acting as Sub-Custodian (“Sub-Custodian”). Any such Sub-Custodian utilized by GFLP shall have and maintain protections and qualifications equal to or greater than those maintained by GFLP for the precious metals over which it has custody. The Customer’s signature below is the Customer’s acknowledgment that the Customer has been notified by the GFLP, and accepts, that GFLP is authorized to store Customer Precious Metals inventory at a Sub-Custodian. I applicable, GFLP will bill the Customer for the respective storage fees and the Customer will make all payments due to GFLP. All transaction instructions, including, but not limited to, inventory deposit notifications, ownership transfers, and inventory withdrawal requests, must be submitted to the Sub-Custodian by GFLP in order for the Sub-Custodian to execute the instructions.
4. At all times material hereto, GFLP (and the Sub-Custodian, if any) shall maintain in effect all-risk insurance (loss or damage from the perils of war and nuclear incident and other specified unusual events excluded) regarding any Customer precious metals in its custody. Customer claims for loss will be paid promptly following GFLP’s receipt of claim funds from the insurer. GFLP may at any time during normal business hours, at GFLP’s expense, account to the Customer for any Customer sealed containers, Customer’s inventory list and other documents and records directly and specifically relating to Customer’s precious metals, and the safekeeping facilities where any of the Customer’s precious metals is held and stored.
5. Upon receipt of written instructions from the Customer, and in accordance with the terms of this Agreement and its operating procedures in effect at the time, the GFLP will prepare and release the Customer’s precious metals to the Customer or the Customer’s designated agent, or arrange for insured delivery of the precious metals to the address the Customer specifies. Such preparation, release, and/or delivery services are provided at the Customer’s expense. GFLP will ship only to the address of record for the customer absent written instructions to the contrary, including a valid Customer signature.
6. GFLP is not liable for its inability or failure to deliver or transfer precious metals held for the Customer, or to fulfill any of its obligations under this Agreement in a period during which it may be precluded from so doing, due to the direct or indirect result of either declared or undeclared war, riot, sabotage, civil disobedience, insurrection, acts of any government or government agency or subdivision, acts of a public enemy, valid judicial order, technical failure, explosion, labor dispute, unusual market conditions, fire, flood, or storm. In such circumstances, GFLP will use its commercially reasonable best efforts to achieve delivery as promptly as possible.
7. GFLP’s current schedule of custody and processing fees is set forth in the attachment. GFLP will bill the Customer for custody charges, processing, and other service fees associated with this Storage Agreement quarterly if applicable, in accordance with its current fee schedule. The Customer shall pay GFLP within thirty (30) days of the date appearing on the invoice. If GFLP does not receive payment within the specified thirty (30) day period, it may impose a late fee of the greater of: $30, or 1.5% of the amount that is past due. GFLP may amend its custody and other service fees upon thirty (30) days’ prior notice to the Customer.
8. Notwithstanding that Customer’s precious metals are held in bailment on a fully segregated basis, GFLP has a security interest in the precious metals held. GFLP may exercise a lien on Customer precious metals, if necessary, to secure payment of any unpaid charges due it hereunder, including custody, processing and other service fees and expenses associated with maintaining custody of Customer precious metals, or for other amounts that may be owed to GFLP by the Customer for any other reason.
9. Should the Customer fail to pay GFLP any proper charges due it under this Agreement, GFLP may sell such Customer precious metals in its custody of its choosing, from the Customer’s precious metal in sufficient quantities to recover the amounts due and owing. GFLP shall remit to the Customer any balance remaining from such sale, after deducting the amount due it and the costs associated with the sale transaction, including, but not limited to, attorney’s fees, if any.
10. Both the Customer and GFLP may terminate this Agreement upon thirty (30) days’
written notice to the other. In the event GFLP terminates this Agreement, the Customer is required promptly to pay all charges due and remove the Customer precious metals from the depository and to designate where the Customer precious metals are to be delivered at the Customer’s expense.
11. Any notice required or described in this Agreement must be made by email or by mail to the Customer through the U.S Postal Service at the address listed in this Agreement or otherwise provided to and maintained in the records of the Depository. Alternate forms of notification may be arranged by prior written agreement of the parties. Any notice sent by GFLP shall be considered received by the Customer on the fifth (5th) business day after mailing it to the Customer. The Customer is responsible for informing GFLP in writing of any change in the Customer’s current address.
12. GFLP will provide the Customer with periodic statements listing the precious metals held in, and any transactions associated with, Customer precious metals. The Customer must notify GFLP within thirty (30) days of receiving any such statement, if the Customer believes the statement contains incorrect information; otherwise, the statement will be deemed to be accurate and correct, and GFLP is not liable for any damages that may occur as a result of the Customer’s failure to inform it of any inaccurate or incorrect information.
13. Should more than one person own the Customer precious metals, and there are thus multiple owners (“Owners”), all Customer precious metals shall be considered owned jointly and individually, as Joint Tenants with Rights of Survivorship, and not as Tenants in Common. Accordingly, each Owner shall be considered the agent for the other, and each is authorized to act individually under the terms and conditions of this Agreement, including exercising the authority to receive, deposit, withdraw, or transfer some or all of the Customer precious metals at any time. Upon the death of one Owner, the Customer precious metals shall become the absolute property of the surviving Owner(s), and GFLP is hereby directed and authorized to recognize the surviving Owner(s) as Owner of the Customer precious metals. The Owners individually and jointly hereby indemnify and hold GFLP harmless from any liability or damage it may incur from its compliance with this paragraph, including the delivery, deposit, withdrawal or transfer of the Customer precious metals. The terms outlined herein shall inure to, and be binding upon, each of the Owners’ heirs, executors, assigns, and administrators, as well as themselves.
14. All representations made to GFLP by the Customer are, to the best of the Customer’s knowledge, true. The Customer’s adherence to this Agreement and the Customer’s performance hereunder are, and will be, in compliance with all applicable law.
15. The terms and conditions outlined herein, combined with all terms found in the Terms and Conditions, constitute the entire agreement between GFLP and the Customer. Should any particular provision or provisions of this Agreement be determined to be unenforceable or invalid, such determination shall not affect the enforceability or validity of any other provision or provisions contained herein or in the Terms and Conditions. GFLP may amend this Agreement upon thirty (30) days’ prior written notice to the Customer.
16. This Agreement shall be governed by the laws of the State of Wyoming. The jurisdiction and
venue for any action arising out of this Agreement will be in the state and federal courts located in Wyoming. The Customer appoints Wyoming’s Secretary of State as the Customer’s agent for service of process for any action GFLP may bring against the Customer under this Agreement.
INDIVIDUAL DEPOSITORY ACCOUNT FEE SCHEDULE
Custody — Each Customer’s precious metals will be physically held separate and apart from the precious metals of other customers with the exception of metals acquired from an Affiliate Account. Metals may be stored physically on the premises of a sub custodian at the discretion of GFLP. User Accounts who only store metals received from an Affiliate Account will not be charged a storage fee as those fees are assessed against the Affiliate Account.
Safekeeping Fees (Annualized)
Market Value of Asset
$15,000 - $49,999
$50,000 - $249,999
$250,000 - $999,999
$1,000,000 & above
Safekeeping Fee Calculations: The rates listed above are annual charges; however, safekeeping fees are billed quarterly. Accordingly, the Quarterly safekeeping charge is determined by multiplying the market value of the Customer precious metals on the first day of the appropriate Quarter of the calendar year by the applicable safekeeping rate listed above, and the result is then divided by four to yield your Quarterly safekeeping charge. Charges are billed in advance for the quarter, based on the quarterly calculation described above, and are not refundable. Please note there are breakpoints that apply that will reduce the percentage fee for storage as the value of assets stored increase.
Note: A minimum safekeeping fee of $37.50 will be charged for any three-month billing period in which Customer Precious Metals of any value are held.
Customers may instruct GFLP to prepare and arrange for the delivery of precious metals at the Customer’s expense using the U.S. Postal Service, FedEx or other commercial courier, or via armored carrier, to an address specified, or for acceptance by the Customer or the Customer’s designated agent. Upon receipt of the Customer’s written instructions, and at the Customer’s expense, GFLP will promptly process the request, package the precious metals, and have them delivered per Customer instructions. Any delivery of products that originated from an Affiliate account will be delivered in the largest denomination from the bars available for the amount requested. Amounts below 1 gram in weight will be delivered in “shot” form. For example, a Customer would like to have the weight owned shipped in its entirety and currently has 124.44 grams available from Affiliate Accounts. The Customer could either receive; 1 ea 100 gram bar, 1 ea 20 gram bar, 4 ea 1 gram bar and .44 grams of silver shot, or; 4 ea troy ounces as the conversion allows. Conversions to troy ounces will be rounded up to 31.11 grams each troy ounce for conversion purposes in the Customer’s favor.
A $35 per package processing Fee, plus any applicable postage, shipping, insurance charges or other charges imposed by the shipping company, will be assessed and included, when GFLP prepares Customer precious metals for shipment or for pick up. No fee will be assessed for release of items involved in a transaction to sell metals to GFLP or exchange metals with GFLP with the exception of any bank and/or transaction fees associated with getting payment to the Customer. Those fees will be passed through and provided at no mark up to the Customer.
Note: GFLP may also charge other fees for additional services it may provide in connection with Customer precious metals storage from time-to-time, according to its then current service fee schedule. Your legal spouse will receive the assets upon Owner’s death unless otherwise specified in the Beneficiary Information Section below. It is the Customer's responsibility to keep beneficiary information up to date.