Please read this carefully and consult with your qualified legal, financial and/or tax advisor(s) before investing in precious metals.
Any performance data quoted represents and is based upon past performance only, and is neither a prediction nor a guarantee of future performance or results Precious metals may increase and/or decrease in value, and investments in precious metals, like all investments, carry a risk of loss, so you should seek advice of qualified legal, financial and/or tax advisors before investing in precious metals. Neither Wholesale Direct Metals, Inc. nor its principals or representatives collectively “WDM”) provide investment advice.
Customer’s Assumption of Risk of Investment
Customer assumes the risk of all investment decisions, and acknowledges and understands that WDM has not made and will not make any guarantee, promise, representation, or prediction regarding Customer’s ability to profit from any transaction, or any tax consequences or implications of any transaction. In no event shall WDM be liable for any direct or indirect damages resulting from any transaction involving Customer. WDM expressly disclaims any express or implied warranties, including without limitation any warranty of merchantability or fitness for any particular purpose, and any warranty as to the grade or description of any precious metal. Customer alone decides what precious metals to purchase and if and when to sell precious metals, and WDM guarantees neither the profitability of any transaction, nor that Customer will be able to sell any precious metal for a profit.
Customer’s Investment Objectives
Though WDM may assist Customer in selecting precious metals, Customer acknowledges and understands the decision to purchase precious metals, and which ones to purchase, is Customer’s decision alone and WDM is not responsible for Customer’s decisions. Customer further acknowledges and understands that any assistance WDM may offer to Customer, does not create a fiduciary or special relationship between Customer and WDM, and that WDM is not authorized to offer or provide, and does not offer or provide, legal, investment or tax advice. Any written or oral statements by WDM regarding future events are statements of opinion only, and Customer will not and may not rely upon such statements in connection with any investment or related decision. Customer acknowledges having been afforded the opportunity to discuss the risks of all investment decisions with WDM and/or Customer’s own independent advisors, and has not been coerced or pressured into any investment decision(s).
Precious metals should be considered a long-term investment, and Customer should be prepared and willing to hold any purchased precious metal for several years, preferably five to ten years. Therefore, Customer should not invest capital that cannot be held for at least this estimated period of time. Customer acknowledges and understands WDM makes no guarantee or prediction that Customer will make a profit, or will not sustain a loss, at the expiration of such period of time.
Volatility of Market
The performance of a precious metals investment depends in substantial part upon often-unpredictable extrinsic market forces, including without limitation supply and demand, international monetary markets, inflation and general economic conditions and expectations. The impact of these forces, or any of them, on the values of precious metals cannot be predicted with any degree of certainty. Customer acknowledges and understands the precious metals market(s) can be volatile and that prices may rise or fall over time, and that past performance is no indication of future performance. Moreover, precious metals are not suitable investments for anyone seeking current income. WDM shall not be liable for any loss caused directly or indirectly by any exchange or market ruling, government restriction, force majeure (i. e., act of God, war, terrorism, embargos, labor dispute, etc.), or any other cause beyond WDM’s reasonable control.
Disclaimer of Damages
In no event, and under no legal theory, whether in contract, tort or otherwise, shall WDM be liable for any direct, indirect, incidental, consequential, economic, non-economic or punitive damages of any kind whatsoever, including without limitation damages resulting from any loss of profits, earnings or business, even if WDM is advised of the possibility of such damages.
Retirement Accounts (IRA & 401ks)
Though WDM has made every effort to comply with current federal laws governing IRA & 401Ks, WDM expressly disclaims any responsibility or obligation for any tax consequence or impact Customer incurs as a result of any Internal Revenue Code regulations or interpretations. Customer acknowledges and understands that Customer has been advised to seek independent tax advice and WDM has not made, and will not make, any representations regarding the tax impact or consequences of precious metals held as an investment in an IRA.
Except as expressly stated in WDM’s transaction agreement, all sales are final and precious metals cannot be exchanged or returned for a refund. Customer agrees to carefully inspect each delivery upon receipt, and if for any reason Customer is not fully satisfied with the quality o f any precious metal purchased from WDM, Customer will immediately notify WDM. If Customer notifies WDM of Customer’s dissatisfaction within fifteen calendar days after delivery of the subject precious metal and the original holder in which the subject precious metal was delivered has not been opened, removed, tampered with, or damaged, WDM will replace the subject precious metal with another precious metal of the same denomination/type and grade.
Disclaimer of Express Warranties
WDM warrants that the nature and precious metals content of purchased precious metals are as described and genuine, but no other express warranty is or will be made with respect thereto. Grades and descriptions of precious metals are solely expressions of opinion, are not statements or representations of fact or guarantees, and are based upon standards and interpretations that may and do change over time. WDM uses contemporary grading standards and interpretations to grade precious metals, or relies upon the opinions ofrecognized independent grading services like: Professional Coin Grading Service, Inc., Numismatic Guaranty Corporation of America, American Numismatic Association Certification Service (ANACS). WDM does not guarantee or predict the precious metals it sells will achieve the same grades from WDM or from any independent grading service in the future.