Transaction Agreement

This agreement is entered between Gold Gate Capital LLC ("GGC") and you ("Customer") and shall govern all pending and future precious metals transactions between the parties hereto.

It is important that you carefully read and fully understand this agreement, which governs the parties rights and obligations, limits GGC’s liability, and that you consult witH your attorney and/or financial advisor. By signing this agreement, you represent that you have read, understand, anD agree to all terms herein.

  1. Delivery of Precious Metals
    1. Customer shall deliver funds, either by certified bank check payable to "Gold Gate Capital" or by wire transfer (pursuant to instructions on our invoice), sufficient to cover the purchase price within two (2) business days after placement of the order. Except as expressly provided herein, all sales are final, and precious metals cannot be exchanged or returned for a refund. GGC shall arrange delivery of the Precious Metals specified in the order to Customer's address provided above within twenty-eight (28) days after GGC verification that the Purchase Funds are backed by good funds, which for a bank check may take up to twelve (12) business days to clear. If Customer's precious metals were never delivered, GGC shall, within sixty (60) days after such verification, in its sole discretion, either refund to Customer the Purchase Funds for the undelivered precious metals with other precious metals of the same denomination/type and grade. GGC shall not be responsible for precious metals lost after delivery to Customer, nor does GGC assume any risk of loss for precious metals purchased from Customer until such precious metals are accepted by a representative of GGC authorized to accept such delivery. See Section 11 below for additional information on precious metals shipped to storage facilities.
    2. If Customer fails to timely deliver the Purchase Funds, or does not accept delivery of the precious metals, GGC may, in its sole discretion, cancel the transaction and resell the ordered precious metals on a wholesale basis. If the proceeds from such resale are less than Customers contract price, GGC shall be entitled to recover from the Customer the difference between the contract price and resale price, plus all incidental damages resulting from Customer's breach. If the proceeds from such resale exceed Customer's contract price, GGC shall be entitled to keep the excess amount as liquidated damages.
  2. Satisfaction Guaranteed
    1. Unless otherwise set forth in the Shipping & Transaction Agreement Addendum provision applicable to your state, Gold Gate Capital has a satisfaction guarantee. If, upon your receipt of the merchandise, you notify us by mail within seven (7) days that you wish to cancel the transaction and receive a refund, upon receipt of the unused and undamaged merchandise GGC will provide a full refund within thirty (30) days. Notice of cancellation should be delivered via mail to: Gold Gate Capital, Attn: Customer Satisfaction, 5250 W. Century Blvd., Ste. #501A, Los Angeles, CA 90045.
  3. Purchase Price
    1. The purchase price Customer agrees to pay includes GGC profit margin on that transaction. The difference between GGC actual Cost of the precious metals on the day of the Customer's purchase and the retail price quoted to Customer is called the "Spread." This should not be read as a promise to repurchase precious metals (See Section 4). The Spread may vary and may be negotiable. The Spread charged to Customer in a particular transaction may be different than the Spread charged to Customer in prior or future transactions, or the Spread charged others in similar transactions. For Customer to make a profit, Customer must be able to sell the precious metals in the future for a price exceeding Customers initial investment.
    2. On the date this agreement was offered to Customer, GGC Spread on (i) bullion is between two and twenty five percent (2-25%) However, these percentages vary, and the actual Spread on any specific transaction may be outside the stated typical ranges.
    3. GGC sales representatives are compensated on commission based on the volume and profit margin of precious metals they sell, and may at times also receive additional compensation tied to sales, such as bonuses, sales contests etc. GGC sales representatives are not licensed and their experience with, and knowledge of, precious metals and precious metals markets may vary considerably.
  4. Buyback
    1. Because applicable laws currently prohibit GGC from guaranteeing to repurchase precious metals it sells, GGC make no such guarantee, either as to actual repurchase or as to repurchase at a particular price. But if at any time Customer wishes to sell Customer's precious metals, GGC encourages Customer to offer to sell them to GGC first. GGC has never turned down a client when they request to sell their metals. If GGC makes an offer or repurchase precious metals, it's offer may increase or decrease at any time, depending upon several factors, including without limitation inventory needs, market conditions and the price and availability of similar precious metals.
  5. Investment Objectives
    1. In GGC's opinion, precious metals should be considered a long-term investment, and accordingly, Customer should be prepared to hold precious metals for several years, preferably five to ten years. However, as with any investment, precious metals may appreciate, depreciate or remain unchanged, and GGC makes no representation or guarantee that Customer's precious metals will or are likely to appreciate, or will not or are not likely to depreciate, at any time, or over a period of time. As a seller and purchaser of precious metals, GGC is capable of comparing and contrasting different precious metals, but Customer acknowledges and irrevocably agrees no fiduciary relationship exists, or may in the future exist, between GGC and Customer, and all decisions in connection with the purchase and sales of precious metals, including, without limitations, the decision whether to purchase or sell precious metals, are Customer's decision alone, and made exclusively based upon Customer's own independent judgment.
  6. Investment Risk/No Investment, Legal, or Tax Advice
    1. The value of a precious metal on any giving day depends in substantial part upon often unpredictable extrinsic economic forces, including without limitation supply and demand, international monetary markets, inflation and general economic conditions and expectations. Customer acknowledges and understands the precious metals market may be volatile, with prices fluctuating, sometimes substantially and unpredictably, and past performances is no guarantee of future performance.
    2. Customer acknowledges GGC does not and will not furnish investment, legal or tax advice, and no GGC representative is authorized to furnish such advice or services at any time. Any written or oral statements by GGC or any of its representatives relating to precious metals are strictly opinions, and are not, and should never be construed as, statements or representations of fact, nor should they be relied upon by Customer or anyone acting on Customers behalf. GGC makes no representations regarding tax consequences of holding precious metals as an investment in an IRA, and Customer acknowledges GGC has advised Customer to seek independent tax advice from a qualified professional regarding such tax consequences. Finally, GGC does not provide advice on purchasing, selling or holding securities. The Customer should seek independent investment advice from a qualified adviser regarding securities. GGC does not serve as an Individual Retirement Account (IRA) custodian, trustee, or attorney, but may, for the convenience of its Clients, suggest companies or attorneys that provide IRA custodian or trustee services or legal advice. Such companies and attorneys are independent from and not affiliated with GGC, and GGC expressly disclaims any and all responsibility for Client loss arising from the relationship between Client and such a company or attorney. Client is solely responsible for selecting an IRA custodian or trustee or attorney and any related transactions involving that custodian or trustee or attorney.
  7. No Representations or Warranties
    1. Other than as expressly stated in this paragraph, neither GGC nor its representatives are authorized to make, have made, or will make any representations or warranties upon which Customer may rely in connection with purchasing precious metals from GGC or anyone else, or selling precious metals to GGC or anyone else. GGC represents and warrants that, subject to all terms and conditions herein, upon the timely delivery of Purchase Funds as set forth in paragraph 2 above, GGC will cause to be delivered to Customer the denomination/type and grade of precious metals specified in Customers order, as classified or graded by one of the following independent grading services, or service of similar recognition and standing in the grading industry: Professional Coin Grading Services, Inc.
    2. Except as expressly stated in this paragraph and the attached shipping and transaction agreement addendum, the Precious Metals GGC sellS hereunder are sold "aS is" and GGC has neither made, nor will make, anY warranties, express or implied, and expressly disclaimS any warranty of merchantability or fitness for anY particular purpose. Customer acknowledges and understands the Precious Metals subject hereto may bE purchased from and sold to GGC's competitors and Customer has the option of doing business with such GGC competitors.
  8. Grading
    1. GGC is not a grading service and thus does not independently grade or assess the precious metals it purchase for resale to its customers, but rather relies upon the opinions, assessments and grading of independent grading services such as those listed in paragraph 7.
  9. No Liability for Consequential Damages
    1. In no event and under no circumstances shall GGC have any obligation or liability, whether in contract, tort or otherwise, and notwithstanding any negligence, fault or strict liability, for any indirect, incidental, economic, non-economic, or consequential damages sustained, relating to, or arising from any transaction hereunder, even if GGC is giving notice of the possibility of such damages. GGC's liability to Customer upon any claims and for any reason shall at all times be limited solely to the amount Customer actually paid for the precious metals at issue. This limitation of liability is material term hereof, without which GGC would not enter into this agreement or any transaction with Customer.
  10. Storage
    1. GGC may, for Customer's convenience, suggest companies that provide depository storage of precious metals. GGC expressly disclaims any and all responsibility for any loses Customer may incur arising from or relating to any relationship between Customer and any storage company, and Customer is solely responsible for selecting a storage company and any related transactions involving such company. However, if for any reason GGC is unable to deliver your precious metals to the Customer designated storage company within twenty-eight (28) days, GGC reserves the right to nullify and cancel the transaction and will refund the full purchase price of the Precious Metals.
  11. Dispute Resolution
    1. After the initial purchase or exchange process, the Customer should review all invoices in order to verify whether any transactions were not consistent with Customers instructions. The Customer acknowledges that it's failure to notify GGC of any such problem in writing promptly after the Customer's receipt of the information can substantially impair GGC's ability to take corrective action or minimize any issues.
    2. Any dispute, claim or controversy arising out of this agreement or otherwise between GGC and the Customer, including but not limited to the breach, termination, enforcement, interpretation, or validity of this agreement and the scope and applicability of this agreement to arbitrate contained in this paragraph, shall be determined by arbitration before the Judicial Arbitration and Mediation Service ("JAMS") office closest to the Customer's principle place of residence before one arbitrator who shall be a retired judicial officer. Any claims asserted by the Customer will not be joined, for any purpose, with the claim or claims of any other person or entity. The arbitration shall be administered by JAMS pursuant to the rules promulgated by JAMS. The laws of the state of the residence of the Customer shall govern the substantive rights of the parties. The arbitration shall be final and binding, and judgment on the award may be entered in any court having jurisdiction. Customer understands that by agreeing to arbitration, the Customer is waiving all rights to seek remedies in court, unless otherwise mandated by federal or state laws. This clause will not prohibit the parties from seeking the provisional remedies in any court of competent jurisdiction. ANY CLAIMS OR LEGAL PROCEEDING HEREUNDER SHALL BE FILLED WITHIN ONE YEAR OF ITS ACCRUAL. BY AGREEING TO ARBITRATE ANY CLAIM OR DISPUTE PURSUANT TO THIS PARAGRAPH 11, THE PARTIES WAIVE ANY RIGHTS THEY MAY OR MAY OTHERWISE HAVE TIO COURT OR JURY TRIAL. Non-Disparagement the client agrees and covenants that [he/she] will not at any time make, publish or communicate to any person or entity or in any public forum any defamatory or disparaging remarks, comments or statements concerning Gold Gate Capital, GGC or it's businesses, or any of its employees, officers, and existing and prospective customers, suppliers, investors and other associated third parties.
  12. Force Majeure
    1. Neither GGC nor Customer shall be liable for any failure or delay in performance of any obligation hereunder due to any cause beyond their reasonable control, including without limitations acts of war, terrorism, acts of God, riots, embargos, sabotage, labor dispute, governmental acts.
  13. Severability & Intergration
    1. In the event any term, condition or provision of this agreement is found void, voidable or unenforceable for any reason by a tribunal or competent jurisdiction, such term, condition or provision shall, if and to the extent possible, be construed as through more narrowly drafted to make it enforceable, or if that is not possible, shall be deemed severed from the remainder of this agreement and all other terms, conditions and provisions hereof shall remain in full force and effect. The parties intend this to be a fully integrated agreement, and each party acknowledges neither party has made or relied upon any representation or promise not expressly embodied herein. Customer acknowledges and agrees GGC may amend this agreement at any time. Customer may not unilaterally amend or modify this agreement, and no oral amendment or modification of this agreement shall be valid or enforceable.