TERMS & CONDITIONS
By accessing and using our Website and/or purchasing from NATIONWIDE COIN AND BULLION RESERVE, INC. (“NCBR”) you agree to each of the Terms and Conditions (“TAC”) set forth herein and expressly disclaim any reliance on representations made by NCBR during said transaction.
FACTS, RISKS AND POLICIES THAT COLLECTORS AND PURCHASERS SHOULD KNOW:
NCBR recommends that coins, rare currency and bullion should only be part of a diversified portfolio.
If you are purchasing coins, rare currency or bullion for investment purposes, they should be considered a long-term investment. NCBR believes that rare coins and currency should be held for at least 3-5 years and, preferably, 5-10 years to maximize your potential for gains. Any specific holding period may be affected by current market conditions which may require a longer or shorter holding period.
When you decide to sell your coins or currency, NCBR appreciates the opportunity to purchase them at our current bid/buy price. NCBR is familiar with the quality and marketability of the items sold by NCBR, and does not charge any additional fees or commissions when making such purchases. Depending upon market conditions and your original purchase price, you may receive less than what you paid for the coins and currency.
The law prohibits guaranteeing to repurchase coins. Therefore, NCBR’s buy-back policy is not a guarantee and is subject to change without notice.
All packages shipped to NCBR’s clients are insured. Your acquisitions will be delivered within twenty eight (28) days of payment of good funds (unless your State requires a different delivery period). If a shipment is lost or damaged, at NCBR’s option, NCBR will either replace the items or refund your purchase price.
Please inspect the shipment thoroughly upon receipt to ensure you have received your order and that the items track the description on your delivery invoice. Any variance from your order must be reported within five (5) days of receipt of your shipment and you must have all original packing materials intact.
All investments involve risk. Coins, currency and bullion are no exception. The precious metals, rare coin and rare currency markets are speculative, unregulated and volatile. Prices for these items may rise or fall over time. The value of a bullion coin is largely determined by the current spot or market price of bullion. This price fluctuates throughout the trading day. NCBR does not guarantee any client buying for investment purposes will be able to sell for a profit in the future. Bullion, rare coins and currency can go down as well as up in value. These items may not be suitable for everyone. NCBR does not determine the suitability of any specific person to purchase rare coins or currency or bullion.
The value of a numismatic or rare coin is determined by multiple factors which can and do fluctuate independently from bullion prices. These factors include: the perceived scarcity of the coin, its quality, current demand, market sentiment and economic factors.
You should consult with your independent financial advisor regarding whether an investment in rare coins or currency or bullion is right for you. You should not acquire any products from NCBR if you are not competent or qualified to make your own financial decisions. You should obtain a thorough understanding of the coin and bullion items before you acquire these items as a collector or investor. You should evaluate its current market value, potential for appreciation and liquidity. Since rare coins, currency and bullion can decline in value, you should have adequate cash reserves and disposable income before you consider acquiring coin, currency or precious metals. Early withdrawal from accounts or securities which may result in substantial penalties or fees is not recommended. You should consult with your independent financial advisor before disposing of any security, annuity, Certificate of Deposit or other investment to acquire rare coins, currency or bullion.
The prices charged by NCBR are subject to change based on market conditions. Prices are set internally based upon analysis of a variety of factors and are not necessarily tied to the prices quoted by any other organization. The price differential or “spread” between NCBR’s selling price (the “ask” price) and the buy-back price (the “bid” price) is often referred to as a “transaction cost.” The profit before operating expenses may be more or less than the spread based on various factors including, but not limited to: quantity purchasing, favorable or unfavorable purchases and positive and negative market conditions. NCBR acts as a principal, not as a broker, and generally owns the coins and precious metals it buys and sells.
NCBR does not recommend exchanging rare coins and/or currency (trading one coin or currency for another) unless you fully understand the costs involved in the buy and the sell transactions including, among other things, the spread for each item involved in any exchange transaction, since you must overcome both spreads before you make a profit.
For your protection and convenience, NCBR provides clients with the right to a refund on their first transaction for coins and currency without any reason whatsoever (this refund policy does not apply to bullion purchases.) To receive a refund, the client must notify NCBR of his or her cancellation of their first transaction within ten (10) calendar days from the date the written trade confirmation is mailed to the customer (based upon the postmark) or delivered to a third-party carrier such as Federal Express. Notice must be in writing via US Postal Service, facsimile or email and sent no later than the last day of the refund period as determined by the postmark if mailed, date of fax transmission if faxed, or date of email as set forth in the email header. All other transactions are final upon taped confirmation by a NCBR representative and are not subject to cancellation. (Your State may have additional refund and cancellation rules which supersede NCBR’s refund policy, above; please consult the terms and conditions set forth on the back of your invoice for specific rules which may apply to your purchase.)
The Account Managers at NCBR are generally commissioned salespersons. Their commissions are usually greatest on rare coins and semi-numismatic coins and least on bullion related items. Their work experience, knowledge, background and training vary widely. They and/or NCBR may receive, from time to time, undisclosed compensation for recommending specific coin or currency items (including but not limited to contests, cooperative advertising, and trading profits in coins that they may own and/or sell). NCBR’s personnel are not licensed as investment advisors and are not authorized to recommend the purchase or sale of any product as an investment or sell any other product other than the items specifically sold by NCBR. Check with a licensed professional with expertise in a particular market before making a decision to buy or sell any security, bond, annuity or financial instrument. Further, NCBR’s personnel are not tax advisors and may not provide any advice regarding taxability, tax rates or related issues for any product NCBR sells. You should consult with your tax advisor regarding any questions about the tax implications of buying or selling bullion, rare coins or currency.
NCBR uses the numerical Sheldon Scale grading system which rates uncirculated rare currency and uncirculated coins from 1 to 70. Typically, the higher the grade, the more a coin or currency is priced. The grade assigned to a coin reflects its strike, luster, marks, scratches and overall eye appeal. Grading is a subjective art and subject to the opinion of the person grading the coin or currency. Thus, grading can and does vary from rare coin firm to rare coin firm, from grading service to grading service and from expert to expert. A difference of one grade (e.g., MS64 to MS65) can result in a significant change in the valuation of a rare coin or currency. Grading standards may continue to change, becoming more or less stringent. Grades and descriptions of rare coins and currency are opinions based on standards and interpretations that can and do change over time, not statements of fact or guarantees.
When you acquire a coin or currency from NCBR that is independently graded by a third party grading service, such as Professional Coin Grading Service (PCGS) or Numismatic Guaranty Corporation (NGC) for coins and Currency Grading & Certification Incorporated (CGC), Paper Money Guaranty (PMG) or PCGS Currency for rare currency, please note that NCBR relies entirely on the expertise/determination of the grading service and upon definitions provided by these independent grading services, including definitions of such terms as PCGS’ “First Strike®” which refers to coins packaged and delivered by the US Mint in the thirty (30) day period following the initial sales date of a new product. NCBR does not re-grade or independently evaluate the product’s grade in its sealed holder, although from time to time NCBR does remove items from their sealed holder and re-submits them to the grading services. NCBR reserves the right to deliver independently graded coins that have been graded by an independent grading service of its choice, such as PCGS or NGC. NCBR guarantees that the rare coins and other items it sells are genuine. NCBR EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES OR REPRESENTATIONS WITH RESPECT TO COINS OR OTHER ITEMS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
FOR YOUR PROTECTION.
Telephone calls may be monitored and/or recorded in an effort to assure quality control and policy compliance.
Your privacy is important to NCBR. If at any time you no longer wish to be contacted by a NCBR representative, please call or write and ask to be placed on NCBR’s Do Not Call list.
DISCLAIMER OF WARRANTIES.
NCBR MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE OR ITS CONTENT. NCBR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE WEBSITE, ITS CONTENT, AND ANY ITEM FURNISHED OR TO BE FURNISHED BY NCBR. NATIONWIDE COIN AND BULLION RESERVE, INC. DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. NATIONWIDE COIN AND BULLION RESERVE, INC. DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ITS CONTENT, OR THAT ANY ERRORS IN ITS CONTENT WILL BE CORRECTED. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
LIMITATION OF LIABILITY.
IN NO EVENT WILL NCBR BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITE OR ITS CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE AND/OR ITS CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE OR ITS CONTENT, EVEN IF NCBR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, ITS CONTENT, OR WITH THE PROVISIONS OF THIS TAC, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, NATIONWIDE COIN AND BULLION RESERVE, INC.’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).
ALL CLAIMS AND DISPUTES ARISING UNDER OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF TEXAS, COUNTY OF HARRIS. THE ARBITRATION SHALL BE CONDUCTED ON A CONFIDENTIAL BASIS PURSUANT TO THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY DECISION OR AWARD AS A RESULT OF ANY SUCH ARBITRATION PROCEEDING SHALL BE IN WRITING AND SHALL PROVIDE AN EXPLANATION FOR ALL CONCLUSIONS OF LAW AND FACT AND SHALL INCLUDE THE ASSESSMENT OF COSTS, EXPENSES AND REASONABLE ATTORNEYS’ FEES. ANY SUCH ARBITRATION SHALL BE CONDUCTED BY AN ARBITRATOR EXPERIENCED IN PRECIOUS METALS AND SHALL INCLUDE A WRITTEN RECORD OF THE ARBITRATION HEARING. THE PARTIES RESERVE THE RIGHT TO OBJECT TO ANY INDIVIDUAL WHO SHALL BE EMPLOYED BY OR AFFILIATED WITH A COMPETING ORGANIZATION OR ENTITY. AN AWARD OF ARBITRATION MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.
ENTIRE AGREEMENT/NO WAIVER.
These TAC constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by NCBR of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
ENFORCEMENT/ CHOICE OF LAW.
If any part of these TAC is or are determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this TAC, all of which will remain in full force and effect. Any and all disputes relating to this TAC, (including its interpretation, application, validity, performance and breach) in whatever jurisdiction action may be brought, shall be governed by, construed and enforced in accordance with the laws of the State of Texas. The parties herein waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Houston, Harris County, Texas. In the event that litigation results from or arises out of this Agreement or the performance thereof, the parties agree to reimburse the prevailing party’s reasonable attorney’s fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled. In such event, no action shall be entertained by said court or any court of competent jurisdiction if filed more than one year subsequent to the date the cause(s) of action actually accrued regardless of whether damages were otherwise as of said time calculable.
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