Teerms and Conditions

Thank you for choosing Darling Downs Bullion as your trusted bullion dealer. These terms outline the terms of service for Darling Downs Bullion ("DDB", "we", "our", "us"). You will have the opportunity to review this Agreement during the initial account registration process and before you confirm each order.

Definitions and Interpretation

1. In these Terms of Service unless context otherwise requires:

  • Account means an account held by DDB on your behalf for the purpose of facilitating any transaction, Product or Service, including storing, holding or trading on your behalf.

  • ACL means the Australian Consumer Law Schedule of the Competition and Consumer Act (2010).

  • AML/CTF Act means the Anti-Money Laundering and Counter-Terrorism Financing Act (2006).

  • Authorised Agent means any person you have properly authorised to give trading or funding instructions to DDB.

  • Available Funds means cleared funds, including funds made available by means of direct debit or bank transfer.

  • Business Day means a day in which banks and foreign exchange markets are open for business in Queensland, Australia.

  • Contract means the contract evidenced by and created when we issue an invoice or purchase order.

  • PPSA means the Personal Property Securities Act (2010).

  • Precious Metal means Gold, Silver, Platinum or Palladium.

  • Product means Precious Metals and any other products sold or purchased by us from time to time.

  • Secured Moneys means all purchase moneys, storage fees, interest, administrative fees, commissions, or other moneys owing by you to DDB.

  • Security Interest means a security interest as defined by section 12 of the PPSA.

  • Services means any services provided by DDB, including holding, trading, assaying, storage, insurance, and delivery.

  • Your Information means all available and relevant information about you and/or your entities, including identity documents required by law.

General

2. These Terms apply to all dealings between DDB and the client ("you" or "your") regardless of the service undertaken.

3. DDB will not be responsible for any loss or liability incurred by you arising or connected with any dealing or transaction with us.

4. Information provided on our website is for general purposes only and is not financial advice.

5. DDB reserves the right to alter these Terms at any time; the current version will be published on our website.

Your Contract with Us

6. An Account must be established before any service is offered.

7. You enter into a binding Contract with us at the time an invoice or purchase order is raised, whether placed in person, by phone, email, or through our website.

8. Payment Terms: Payment is required within one (1) Business Day of the contract being raised unless otherwise agreed in writing.

9. Default: Non-payment will result in a default administrative fee of AUD $300 + GST, plus liability for any market loss incurred by DDB.

10. Prices quoted are indicative and subject to confirmation on the final invoice. DDB reserves the right to correct errors in pricing or invoicing upon notice to you.

Warranties and Commitments

11. You warrant that all information provided is accurate and that you have full legal capacity to enter into this agreement.

12. You warrant that if you are a trustee (including for an SMSF), the transaction is for the benefit of the trust/fund and you have the right to be indemnified out of trust assets.

13. DDB is entitled to rely on instructions from any Authorised Agent until we receive written notice that their authority is revoked.

14. DDB reserves the right to suspend trading during times of extreme market volatility.

15. Title & Risk: Title passes to you only when we receive Available Funds. Risk in the product passes to you when you take possession or when DDB receives the product on your behalf.

Payment and Default

16. In the event of default, DDB may:

    • Charge the $300 + GST administrative fee;

    • Exit any positions taken in relation to your contract and hold you liable for resulting costs;

    • If an invoice remains outstanding for over 90 days, seize and dispose of products held under our Security Interest to satisfy the debt.

Storage and Vaulting

17. DDB offers secure storage options. Storage charges are typically incurred quarterly and are payable within 7 days of the invoice date.

18. DDB maintains a general lien on any bullion held on your behalf for any charges due. If charges are unpaid, DDB may sell the bullion to discharge the lien and costs of sale.

Liability

19. If you are a Consumer, nothing in these Terms restricts your rights under the ACL.

20. You agree to release DDB and its directors from any liability for consequential loss incurred in connection with your business dealings with us.

21. These Terms are governed by the laws of Queensland, and the Courts of Queensland have jurisdiction.

Privacy

22. DDB is bound by the Privacy Act (1988). Our Privacy Policy is available on our website and should be read in conjunction with these Terms.