Collection & Delivery Terms

1.1These Collection & Delivery Terms (these Terms) apply whenever Liquid Gold Exchange Pty Ltd ACN 695 941 587 (LGX, we, us, our) hands over bullion bought under our Bullion Purchase Terms, whether you collect it, we deliver it, or we release it to a carrier you appoint. They do not apply to the ZLF Gold Reserve or to bullion fabricated under it.

1.2These Terms form part of the LGX Terms and must be read with our Client Terms and Bullion Purchase Terms. Words defined in those terms (including Order) have the same meaning here. These Terms prevail on collection, delivery, risk, transit insurance and uncollected bullion.

1.3Definitions. In these Terms:

(a)Approved Address means a delivery address we have verified and confirmed for your Order under section 7.

(b)Authorised Recipient means you or, if you are an entity, an officer or employee we have approved, or a person you have nominated under section 6.2, who in each case has passed our identity verification and produces original photo identification matching our records at handover.

(c)Collection Point means the location named in the Ready for Collection Notice.

(d)Collection Receipt means the written record signed at collection confirming that the bullion has been received and checked.

(e)Consignment means the bullion dispatched under a single tracking or waybill reference.

(f)Delivery means the time the carrier’s record shows a Consignment was handed to an Authorised Recipient at the Approved Address and signed for. If you or an Authorised Recipient ask or allow the carrier to hand it to anyone else (such as a concierge or reception), Delivery occurs when it is handed to that person.

(g)Delivery Charges means the carriage, transit insurance and handling charges we quote for a Consignment.

(h)Order Value means the price you paid for the bullion concerned, as shown in your Order Confirmation.

(i)Ready for Collection Notice means our written notice that your bullion is ready to collect.

(j)Release Instruction means our Release Instruction form, signed by you, authorising us to release bullion to a carrier you appoint.

(k)Secure Carrier means a specialist valuables carrier we approve.

(l)Valid Delivery Attempt means an attempt by the carrier to deliver a Consignment at the Approved Address within the agreed or notified delivery window, following the agreed identification and delivery procedure.

2.1You may receive your bullion by: (a) collection, free of charge (section 3); (b) delivery we arrange to an Approved Address (sections 5 to 8 and 10); or (c) release to a carrier you appoint, with our approval (section 9).

2.2You choose your option when you place your Order or before dispatch. We confirm the option and any Delivery Charges in the Order Confirmation or a later written confirmation.

2.3We may decline or change a collection or delivery method where reasonably necessary because of the value, weight or destination of the bullion, security risk, carrier or insurer requirements or our legal obligations. If a change would increase your Delivery Charges, we will tell you before dispatch and you may choose another option.

3.1Ready for Collection Notice. Once we have received full payment in Cleared Funds, completed our checks and allocated bullion to your Order, we will send you a Ready for Collection Notice. It identifies the bullion (including serial numbers or seal references) and states the Collection Point, the last day of the free holding period and the charges that apply if the bullion is not collected. Bullion cannot be collected before then.

3.2Appointment. Collection is free and by appointment, booked through the Platform or by telephone, at the Collection Point during Trading Hours on a Business Day. Bullion is brought to the Collection Point only for your appointment. Please give us at least one Business Day’s notice to reschedule. If you miss an appointment, you must pay the reasonable actual cost of moving the bullion again.

3.3Who may collect. Only an Authorised Recipient may collect. Each person collecting must produce original photo identification (passport or Australian driver licence) matching our records. We may copy and verify it and call you to confirm the release. We may refuse to release bullion if we are not satisfied about a person’s identity or authority, and are not liable for doing so.

3.4Check before you leave. Check the bullion against your Order Confirmation and Ready for Collection Notice, including product, quantity and serial numbers or seal references, and sign the Collection Receipt. Risk passes to you when you sign, and you are responsible for your own transport and insurance afterwards. Subject to your mandatory rights, we are not responsible for a shortage or visible damage not noted on the Collection Receipt. We do not accept payment at collection.

3.5Free holding period. You must collect your bullion within 5 Business Days after the Ready for Collection Notice (the free holding period). We will send you a reminder at least 2 Business Days before it ends. Section 11 applies if the bullion is not collected.

4.1Ownership. Ownership passes to you under section 4.1 of the Bullion Purchase Terms. Owning the bullion does not mean you bear the risk of its loss or damage.

4.2Risk until handover. Subject to section 4.3, we bear the risk of loss or damage until you or an Authorised Recipient sign the Collection Receipt, Delivery occurs, or we release the bullion to your carrier.

4.3Earlier transfer of risk. Risk passes to you earlier:

(a)at the end of the free holding period, if the bullion has not been collected;

(b)when you or anyone acting for you instructs the carrier to leave a Consignment without signature, redirect it, hold it or deliver it elsewhere;

(c)on dispatch, if delivery details you gave us were wrong or incomplete and the Consignment is lost as a result;

(d)at a Valid Delivery Attempt that fails because you or your Authorised Recipient do not accept delivery; or

(e)when you or an Authorised Recipient ask or allow the carrier to hand a Consignment to anyone other than an Authorised Recipient.

Risk does not pass under paragraph (d) if the failure is caused by us or the carrier, or if you reasonably refuse a Consignment that is damaged, tampered with or incorrect.

4.4Risk stays with you. Once risk has passed to you, it remains with you during depot holding, redelivery, return to us and temporary custody. Return of the bullion to us does not transfer risk or ownership back to us. This does not limit our liability for our own breach, negligence or wrongful release.

4.5Loss while at our risk. If bullion is lost or damaged while we bear the risk, we will provide the remedy in section 8.4.

4.6Insurance. We arrange transit insurance or carrier cover for each Consignment for at least its Order Value, from dispatch until Delivery or any earlier transfer of risk. Insurance we arrange relates only to the bullion during the stages confirmed for your Consignment, and your delivery confirmation states the insured value and the stages covered. A carrier’s terms or limits do not reduce our obligations to you under this section 4.

5.1Carrier. We contract with and instruct the carrier. We choose the carrier and service suited to the value, weight and destination of each Consignment. Higher-value Consignments may be delivered by appointment only, or only to a business address, professional vault or carrier depot. You must give any instruction about a Consignment through us, not the carrier.

5.2Split Consignments. We may split an Order into more than one Consignment to stay within carrier or insurance limits. Splitting does not increase the Delivery Charges confirmed to you.

5.3Dispatch. We normally dispatch within 3 Business Days after: we have received the full amount for your Order, including Delivery Charges, in Cleared Funds; our checks are complete; your Approved Address is confirmed; and the bullion is in our possession. We may avoid dispatching domestic Consignments on a Friday or before a public holiday. Delivery dates are estimates.

5.4Tracking. On dispatch we will send you the tracking details, the expected delivery window and the serial numbers or seal references of the bullion dispatched, and tell you promptly of any material delay.

5.5Late dispatch. If, for a reason within our control, we have not dispatched within 20 Business Days after the estimated dispatch date, you may by notice require us to: (a) make the bullion available for collection; (b) deliver it by another available method at no extra cost to you; or (c) cancel the undelivered part of your Order and refund the amount you paid for it.

6.1Before dispatch or release, we may confirm your identity, your Approved Address and any Authorised Recipient, including by calling your registered telephone number. We will not dispatch or release until we are satisfied.

6.2Authorised Recipients. You may nominate up to two people to collect or receive bullion for you using our Authorised Recipient Nomination form. Each nominee must pass our identity verification before we release bullion to them. We name the Authorised Recipient as consignee and instruct the carrier to hand over only to that person against photo identification. You may withdraw a nomination in writing at any time.

7.1An Approved Address must be your residential address verified in our identity checks, or a business address, professional vault or Secure Carrier depot we approve for your Order.

7.2We do not deliver to PO boxes, parcel lockers, parcel collection points, mail-forwarding services, hotels or unverified third-party addresses. Where a building uses a concierge or reception, we may require delivery by appointment to an Authorised Recipient, or to a business address or carrier depot. We may refuse any address that presents an unacceptable security, fraud or compliance risk or that the carrier will not service.

7.3You may change your delivery address through the Platform before dispatch. A new address becomes an Approved Address only once we have verified it. A Consignment cannot be redirected after dispatch.

8.1Check before you sign. Check the outer packaging before signing. If it appears opened, damaged or re-taped, if a tamper-evident seal is broken or missing, or if the weight seems wrong, note this on the carrier’s delivery record, refuse the Consignment if the carrier allows, and call us immediately.

8.2Check the contents. Open the Consignment promptly and check the contents against your Order Confirmation and dispatch details, including product, quantity and serial numbers or seal references. Keep all packaging, seals and certificates until any claim is resolved; a continuous video of the opening will assist a claim.

8.3Notice. You must notify us: (a) of visible damage, tampering, a shortage or incorrect product, within 24 hours after Delivery; and (b) if a Consignment has not arrived, within 2 Business Days after the estimated delivery date or, if none was given, within 7 days after dispatch.

8.4Our remedy. If we accept your claim, we will, at your choice, replace the affected bullion with the same product or refund its Order Value and the related Delivery Charges, within 10 Business Days after we accept the claim. For a Consignment lost in transit, or damage or tampering noted on the carrier’s delivery record, the remedy does not depend on our recovery from the carrier or insurer.

8.5Shortages after opening. If you report a shortage or incorrect product in a Consignment whose packaging and seals were intact at Delivery, we will investigate against our pack-out record, the carrier’s records and other evidence, and will accept the claim where the evidence reasonably supports it.

8.6Late notice. If you notify us after the times in section 8.3, we will still consider your claim, but may decline it to the extent the delay has prevented us from investigating it or recovering the loss.

8.7Not damage. Minor surface marks consistent with normal manufacture and handling that do not affect weight or fineness are not damage.

9.1You may ask us to release bullion to a carrier you appoint. We may approve or decline the request and will normally approve only a Secure Carrier.

9.2You must give us a Release Instruction naming the carrier, the individual attending and the booking or waybill reference, at least 2 Business Days before the release. We will verify it with you by telephone and may confirm the booking with the carrier using contact details we obtain independently. We release only against the carrier’s signed receipt and the attending individual’s photo identification.

9.3Risk passes to you on release. Transit and insurance arranged by you are a matter between you and your carrier.

9.4There is no fee for a release to your carrier. We may refuse or delay a release where we have a security, fraud or compliance concern, and are not liable for doing so.

10.1We deliver internationally only to destinations we approve, by Secure Carrier on a quotation basis, after screening the destination, consignee, carrier and route against sanctions and other legal requirements. Section 4 applies, with Delivery at the destination.

10.2You are responsible for the lawfulness of import into the destination, and for import permits, customs clearance, duties, taxes and local charges, unless we agree otherwise in writing. If a Consignment is held or refused at customs because of something within your control, you must pay the reasonable costs of storage, return and redelivery, and risk passes to you 2 Business Days after you are first asked to take the required action.

11.1Failed delivery. If a Valid Delivery Attempt fails because you or your Authorised Recipient do not accept delivery (including because no Authorised Recipient is available or the required identification is not produced), the carrier may hold the Consignment at its depot or return it to us. We will tell you which, and you may arrange collection or one redelivery through us.

11.2Carrier charges. You must reimburse the reasonable actual carrier charges incurred because of that failure, including depot holding, redelivery and return transport. We will invoice them with supporting details. If the carrier bills you directly, we will not charge the same amount. We do not pass on charges caused by our or the carrier’s error.

11.3Refusing a Consignment, or failing to accept Delivery, does not cancel your Order.

11.4Uncollected bullion. Bullion is uncollected if it is not collected by the end of the free holding period, or if it is returned to us after a failed delivery under section 11.1. We do not provide storage. We may keep uncollected bullion in our custody or arrange secure custody with a third-party vault, pending collection, delivery or disposal. It remains yours and at your risk.

11.5Charges for uncollected bullion. You must pay: (a) a one-off handling fee equal to the greater of 0.3% of the Uncollected Bullion Value or A$500, capped at A$3,000, plus GST (that is, 0.33%, A$550 and A$3,300 including GST); and (b) the reasonable actual third-party transport, vault and insurance costs attributable to your bullion, fairly apportioned where shared. The Uncollected Bullion Value is our published selling price for the same products when the bullion first becomes uncollected or, if there is none, a replacement value we determine on an objective basis and explain to you. The fee is charged once for each continuous period during which bullion is uncollected. It is not charged while a Consignment is only held at a carrier’s depot, or to the extent the bullion is uncollected because of our or the carrier’s error. We will give you supporting details of costs on request.

11.6Collection or delivery. Until disposal you may collect the bullion by appointment, or ask us to deliver it at Delivery Charges we quote. We may require payment of the amounts due under section 11.5 before release.

11.7Final notice. If bullion remains uncollected, we may give you a final notice of our intention to dispose of it. The notice will identify the bullion, state the amounts then due and an estimate of further charges, and explain how to collect it. We will send it by email, SMS and post to your registered details and will try to call you.

11.8Disposal. If, within 28 days after we give the final notice, you have not collected the bullion or arranged its delivery and paid the amounts due, we may: (a) buy it ourselves at a price not less than the better of the buyback prices published that day by two independent bullion dealers for the same or equivalent products; or (b) sell it by auction or private sale for the best price reasonably obtainable. We will keep a record of the prices relied on.

11.9Proceeds. From the proceeds we may deduct only the amounts due under section 11.5 and our reasonable costs of sale. We will pay you the balance under section 6.4 of the Client Terms within 5 Business Days after disposal, with a statement of the price and each deduction. If the proceeds are insufficient, you must pay us the shortfall on demand. If we cannot pay you, section 6.5 of the Client Terms applies.

11.10This section 11 is our agreement with you about uncollected bullion, including for the purposes of Part 4.2 of the Australian Consumer Law and Fair Trading Act 2012 (Vic) and any other law on uncollected goods.

12.1Consignments are sent in plain outer packaging with no reference to bullion, precious metals or LGX, secured with tamper-evident seals or security bags.

12.2Minted products are supplied in the manufacturer’s tamper-evident packaging with a certificate. Cast bars that the manufacturer supplies only in a plain case (such as kilobars, other cast bars over 100g and tael bars) are placed, in that case, in a tamper-evident security bag with a unique seal number, and may be supplied in LGX presentation packaging. Each product is identified by its serial number or, if it has none, by the seal number of its certificate packaging or security bag (its seal reference). A seal reference is treated in the same way as a serial number.

12.3Before sealing a Consignment we record the products, serial numbers or seal references, weights and seal numbers, and photograph the contents. Where a Consignment is dispatched from a supplier’s vault, the supplier or its carrier may prepare this record for us. We will share it with you on request and may rely on it in any claim.

12.4Removing a product from its certificate packaging or security bag may reduce its resale value.

13.1Collection within the free holding period is free. Delivery Charges are quoted and confirmed in your Order Confirmation or a later written confirmation (section 2.2). They are payable with the balance of your Order or, if confirmed later, before dispatch (section 5.3). Charges for uncollected bullion are in section 11.5. GST applies to Delivery Charges and fees where required by law.

13.2Delivery Charges are not refundable once a Consignment has been dispatched, except under section 5.5 or 8.4, or to the extent the carrier or insurer refunds them to us.

13.3Where we bear the risk under section 4, our responsibility for loss of or damage to bullion is to provide the remedy in section 8.4, subject to section 11 of the Client Terms.