Wealth Capital LLC Standard Policy and Procedure Agreement Outline By using the website www.wcmetal.com and other services provided by Wealth Capital including placing sales orders by calling in over the phone or being called, you are agreeing to the following terms, including without limitation, the terms available by hyperlink (Policy and Procedure Agreement). These terms apply to all orders, all sales and all purchases, whether made through the website, by telephone or otherwise. This Agreement contains a variety of sections. You should review all sections below. This is an Agreement to the client (you) and Wealth Capital LLC, (WC). By otherwise hyperlink to relevant information. This policy is entered into between Wealth Capital LLC, (referred to as Worth Preservation, WC or “we” ), and Client(s) (referred to as purchaser or “you”) regarding the sale and purchase of precious metals, May independently graded or non‐graded coins and other products which Wealth Capital LLC, currently offers or may offer in the future. This policy applies to all transactions between Worth Preservation LLC and Client(s) Entered on or after July 23rd 2015. Placing an Order: 1. Orders may be placed via telephone or in person. Details of the order will be confirmed in a tape recorded conversation with the Client for accuracy, price, quantity, method of payment, and other materials terms of the order. With the limited exception as states below, all sales regardless of payment type are final and not subject to exchange or refund. 2. Client must pay for order via personal check, certified funds, credit card, or wire transfer in the amount sufficient to cover the purchase within five (5) calendar days of Worth Preservation’s client’s order. Check should be made out to Wealth Capital LLC. Personal checks may take up to ten (10) business days to clear. 3. Once WC receives payment, WC will send the invoice(s) and/or order either U.S. mail, E‐mail or another reputable, nationally recognized delivery service to the respective Client address on file with WC, unless Client requests specifically in writing prior to the order. It is the client’s responsibility to immediately notify WC of a change in address. Wealth Capital does not take responsibility for shipments sent to incorrect address; therefore existing Client’s must provide updated information immediately of a change in address or contact information. Delivery: 1. upon receipt of good funds, WC will deliver the Client’s order to the shipping address on file with Wealth Capital within twenty‐eight (28) calendar days unless on back order or (less depending on the requirements of Client’s state below). All deliveries are sent via method which can be tracked. A physical signature is required in order for a delivery to be made. WC may charge shipping and handling fees to ship to depositories. 2. All packages shipped to the Client are insured. WC may self‐insure shipments. If a shipment is lost or damaged during transit to the Client’s shipping address, we may or may not replace the items or refund Client’s purchase price until shipment has been delivered to the Client. WC bears the risk of loss if the product(s) shipped are delivered defective. Client has 3 calendar days from date of delivered to make a claim by contacting a Wealth Capital Representative. Client must retain all original packing materials intact and Client must fully cooperate with WC to disclose all information regarding such a claim. After five (5) calendar days of delivery, Client waives all rights to make a claim for defect or loss with WC. 3. If Client should fail to perform to accept delivery of the precious metals order or fails to make payment when payment is due, WC shall at its sole discretion, cancel the transaction and resale the product on a wholesale basis. If such sale should result in a sale of lesser amount than agreed to per‐ contract with the Client, WC shall be entitled to recover the difference between the resale price and the price of the product sold to the Client, WC shall be entitled to recover the difference between the resale price and the price of the product sold to the Client, plus any incidental fees that may result from the Client’s breach of contract. In the event the resale price is greater than the Client’s contract price, WC shall be entitled to keep the excess amount to cover WC incidental damages. Remitting Payment and Security Policy: 1. Client agrees to pay for all precious metals, coins, other items ordered, delivery charges, storage charges and other services, taxes such as sales tax associated with the product(s) or delivery, assessments or other charges imposed by a government, now or in the future, concerning any and all orders covered by this Policy Agreement. 2. If WC does not receive payment in good funds for initial or subsequent order of precious metals, coins, other numismatic/collectible or other items within three (3) calendar days of client's order number, WC may charge Client for any loss WC may incur. Wealth Capital reserves the right to dispose of the metals, coins, other numismatic/collectible or other items for Client’s account at their discretion without notice, unless required by law. Liquidations: 1. If Client does not pay for first or subsequent purchases within five (5) calendar days of client's order number, Wealth Capital reserves the right to sell any or all item(s) to offset the cost, as permitted by law, however WC chooses. If such sale should result in a lower buy back price, the Client will be liable for the difference. 2. By law, WC cannot guarantee to repurchase and items sold by WC. Wealth Capital will not guarantee to repurchase any precious metals, coins or numismatic/collectible coins, or other items it sells at any time. WC will not guarantee to repurchase any items at the price that the Client paid, due to market conditions and other factors such as markdowns, mark‐ups, supply, demand and quality, especially as it relates to coins or other numismatic/collectible items. The price that WC may be willing to purchase items for may vary substantially from the original purchase price. Additionally, WC liquidation policy agreement is subject to change without notice or conditions, unless as applicable by governing law. 3. If Client wishes to sell items such as precious metals, coins or numismatic/collectible coins originally acquired from WC, and WC agrees to purchase the items, the purchase will be made at the current liquidation price. WC may charge a 5% liquidation fee based on the liquidation price. Prior to liquidation, WC will provide an estimated quote to the Client based upon the Client’s verbal description of the items to be liquidated. The Client must then ship the items to Worth Preservation’s wholesaler at the Client’s own expense and risk, so that they inspect the full quantity and quality prior to liquidation. If, and only if WC agrees to purchase, Client will then receive a quoted purchase price in a telephone conversation and payment will be sent to Client's address via company check within 10 (10) business days. If WC does not agree to purchase items or Client does not agree to sell, the item(s) will be returned to the Client and all fees associated for inspection, Client will pay delivery and other pertinent fees used to evaluate items. 4. WC reserves the right to purchase precious metals, coins or numismatic/collectible coins from Clients that were not originally purchased from WC, at WC sole discretion. Client must contact a WC Account Representative to provide detailed, verbal information regarding the items Client would like to sell to WC. If WC agrees to provide an estimated quote to purchase items; the Client must then ship the items to Worth Preservation’s wholesaler, at the Client’s own expense and risk. The items will be inspected for quantity and quality prior to purchase. Cost to inspect items will be at Client’s own expense and risk. The Client will receive a quoted purchase price in a recorded telephone conversation or in writing if, and only if WC agrees to purchase items than client will receive an order number. If WC does not agree to purchase items or Client does not agree to sell, the item(s) will be returned to the Client and all fees associated for inspection, Client will pay delivery and other pertinent fees used to evaluate items. Refunds/Returns: 1. with the exception as noted within this Policy Agreement (per specific state requirements below), ALL SALES ARE FINAL. This means Precious Metal orders cannot be partially or fully refunded or replaced. You may choose to request a refund if: 1‐ IF the property or services purchased from WC are defective, not as represented, or not received as Promised; 2‐ you return the purchased property and make a written request for the refund within time period (listed below for the state in which you reside) of receiving the purchased property, or; 3‐ within time period (listed below for the state in which you reside) after paying for the purchased services and before the services are provided, you make a written request for the refund or credit. All requests to cancel must be confirmed via written request. All notices of cancellation must be provided no later than the last day of the refund period. Questions regarding notice of cancellations may be addressed by speaking directly with an Accounting Representative at 844‐ 967‐8400, or via mail to the physical address to WC. Confidentiality and Authorization: 1. Client agrees that whether the Client places a call to WC or WC places a call to the Client, telephone calls will be tape recorded and/or monitored, yet not all telephone lines or calls are recorded and WC does not guarantee that any recordings of any particular telephone calls will be retained or be capable of being retrieved. Client also consents to tape recording/ monitoring of Client’s telephone conversations with any of WC representatives. Client acknowledges that the Client does not have a reasonable expectation of privacy during any of the Client’s telephone conversations with any WC representative. Client further understands and agrees, with respect to the potential monitoring and/or recording of all of Client’s telephone calls, that the Client expressly waives the right to claim at any time that any conversations between the client expressly waives the right to claim at any time that any conversations between the client and any WC representative are or were confidential. WC does not consent to the recording of telephone conversations by the client or any third party unless explicitly stated. This police agreement shall serve as consent to such without further notice to client. 2. Client (or Client's authorized representative for Client's other than an individual) states that the Client is capable and of legal age to enter into this policy agreement. Client authorizes WC to follow the instructions of any signer without notice to or consent from others or any non‐signer if this policy agreement is signed by or on the behalf of more than one person. This also applies to an owner by virtue of a community property interest or other operation of law. In the event WC receives instructions from a signer differing from another authorized signer of the same account, WC will follow the first instructions received. If a signer becomes incompetent or is incapacitated, this policy agreement shall survive and WC may rely on instructions of any other signer of legal age and capacity to act on the signors behalf. Client will notify WC promptly of the death of any signer by providing a certified death certificate in order for WC to treat the account balance as belonging solely to the estate or lawful heirs as determined by the respective laws. The decedent’s estate will remain fully liable for all obligations incurred up to the date of death. The decedent’s estate shall be liable for all obligation incurred thereafter. Furthermore, client agrees to provide any additional consent and information required to make a determination regarding client’s account. The standing of the decedent’s account shall be at the sole discretion of WC. Client agrees to hold WC harmless and protect WC against any loss, liability, cost or expense, including reasonable attorneys’ fees, resulting from any action taken by WC in the above referenced matter. Accountability Regarding Guarantees/Warranties: 1. WC is not a grading service. Client agrees WC will not be held accountable for any variation of grading or quality of coins being sold. WC guarantees the precious metals, coins, and numismatic/ collectible coins it sells are authentic. WC relies upon the opinions of grading services such as American Numismatic Association Certification Service “A.N.A.C.S.” and Numismatic Guaranty Corporations ("N.G.C”) and Professional Coin Grading Service “P.C.G.S.” And/or WC grading standards. WC does not guarantee that the coins it sells will achieve the same grades from A.N.A.C.S., N.G.C., or any other grading service in the future. Grading is a subjective determination and may vary from dealer to dealer and/or over time. WC does not claim any product it sells is or will be suitable quality for buying, using and/or selling for any specific purpose. Client also agrees that WC regarding any precious metals, coins has made no guarantees or warranties of any kind, including future value or numismatic/collectible coins it sells. Client expressly agrees Wealth Capital LLC, has not made any guarantees or warranties regarding items being purchased. IRA: 1. WC suggests Clients do not invest more than 5%‐20% of their retirement assets/portfolio in precious metals. Client is solely responsible for determining the proper percentage of precious metals acquired in an IRA or portfolio and will notify WC in writing, if he or she intends to invest more than 20% of his or her retirement assets/portfolio prior to finalizing any order. WC recommends Clients to consult with his or her financial or tax advisor should he or she have any questions regarding purchasing precious metals and placing into their IRA account, as WC representatives are not tax or financial advisors and are not authorized to provide tax or financial advice. Additionally, tax laws are complex and can change at any time; therefore any risk should be evaluated independently prior to entering into a Policy Agreement with WC. 2. Some bullion coins and bullion bars may be held in an IRA (Individual Retirement Account). Client acknowledges there is a spread/ price differential of 2% to 50% and their value can increase or decrease by factors by other than the price of metals. 3. WC is not affiliated with any of the companies WC may provide trustee and custodian services information or services for regarding IRA accounts. Client agrees to be fully and independently responsible for selecting an IRA company suitable for the Client. WC shall have no liability or responsibility for any loss or damage that may result from his or her transaction with that or any other IRA service company. Spread and Price Differential: 1. Price differential or “spread” is the difference between WC selling price (the “ask” price) and WC buyback price (the “bid” price). The “bid” price is the amount WC pays to Clients for a coin. WC “ask” price is the amount WC charges Clients for a product. Spread is calculated by subtracting the bid price from the ask price and then dividing the difference by the ask price. (Ask price – Bid price/Ask price). WC’s spread on physical bullion, coins, numismatics, shipwreck, graded coins, and commemoratives carry different percentages. The spread can very at any time. In general, graded, and commemorative coins have a premium above their precious metal value. Premiums may increase or decrease based upon current market conditions such as supply and demand. Changes in premium may affect a coin’s pricing beyond changes in spot prices. Pricing is based on many factors. WC cannot control or guarantee a coin can be sold at the original purchase price or a greater amount in the future. Forecasting for Investors and Aspects to Consider: 1. Price differential or “spread” is the difference between WC selling price (the “ask” price) and WC buyback price (the “bid” price). The “bid” price is the amount WC pays to Clients for a coin. WC “ask” price is the amount WC charges Clients for a product. Spread is calculated by subtracting the bid price from the ask price and then dividing the difference by the ask price. (Ask price – Bid price/Ask price). WC’s spread on physical bullion, coins, numismatics, shipwreck, graded coins, and commemoratives carry different percentages on the list above. The spread can very at any time. In general, graded, and commemorative coins have a premium above their precious metal value. Premiums may increase or decrease based upon current market conditions such as supply and demand. Changes in premium may affect a coin’s pricing beyond changes in spot prices. Pricing is based on many factors including WC overhead and other factors. WC cannot control or guarantee a coin can be sold at the original purchase price or a greater amount in the future. 2. WC representatives may discuss the general direction of various financial markets, but are not licensed to make any claims regarding the market moving upward or downward. WC representatives are not investment or tax advisors and may receive compensation from WC when selling precious metals, coins or numismatic/collectible coins. WC suggests that the Client must consult with an expert in the specific market for the respective product before making a decision to buy or sell or any matters regarding investments. 3. WC suggests Clients do not invest more than 5%‐20% of their assets or portfolio in precious metals. Client is required to notify an Account Representative if the Client chooses to invest more than 20% of his or her assets or portfolio in precious metals, coins or numismatic/collectible coins. WC bears no responsibility regarding the improvement or depreciation of a Client's assets or portfolio. It is the Client's responsibility to independently determine how much of their assets or portfolio is appropriate for him or her, based upon the Client’s individual circumstances. Client must consider the fact that their financial means may differ from another individual. Therefore, Client must determine his or her ability to understand the terms of this policy agreement. Consent to Call/Do Not Call: 1. Client agrees that by entering into this policy agreement, Client hereby authorizes WC to telephone you at telephone number(s) provided in this policy agreement, irrespective of whether Clients telephone number(s) appear in the "National Do Not Call Registry." 16 CFR§310.4(b) (1) (iii) (B) (i) and (ii). In the event you do not want to be contacted via telephone, notify WC and we will immediately place your telephone number on our "Do Not Call" list. Other Terms and Conditions:
- This policy agreement supersedes all prior policy agreements between WC and Client. This is the entire policy agreement between WC and Client and there are no representations, written, oral or implied, other than those herein. This policy agreement cannot be transferred or assigned to any other individual or entity, with the exception of Client’s personal representatives, beneficiaries, executors, successors and assigns as applicable and set forth within this policy agreement. Assignment of this policy agreement will be deemed null and void. 2. WC shall not be liable for any loss, delay or failure to perform due to circumstances beyond WC respective, reasonable control. This includes, but is not limited to Acts of God, terrorism, earthquake, flood, embargo, riot, war, government restrictions or seizure, change in market conditions, revolutions, and failure of Internet or WC internal computer systems and/or any other cause beyond WC reasonable control. 3. In the event WC does not exercise WC rights in one or more instance, WC actions will hold no bearing on exercising WC rights at a later time, nor should WC actions be deemed as a waiver to this policy agreement. 4. Should any term of this policy agreement become inconsistent with applicable law, such term will be modified in accordance with such law or removed from the policy agreement. All other terms shall remain in effect. Time, nor should this action be deemed as a waiver. Arbitration Policy: THE PARTIES AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS TRANSACTION POLICY AGREEMENT, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS POLICY AGREEMENT TO ARBITRATE, OR ANY OTHER DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF ANY INTERACTION OR TRANSACTION OF ANY KIND, REGARDING ANY ACCOUNT, CURRENT OR IN THE FUTURE, BETWEEN CLIENT AND WC, INCLUDING ANY OF WC CURRENT OR FORMER AGENTS, DIRECTORS, OFFICERS AND CUSTOMERS, SHALL BE BROUGHT AND BE DETERMINED BY ARBITRATION IN GWINNETT COUNTY, GEORGIA BEFORE ONE ARBITRATOR. THOSE PARTIES AGREE THAT ANY CLAIM SHALL BE BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE PARTIES AGREE THE ARBITRATOR MAY NOT COMBINE MORE THAN ONE PERSON'S CLAIM AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR PROCEDING. THE ARBITRATION SHALL BE ADMINISTERED BY AN ARBITRATION SERVICE COMPANY WC ELECTS. ARBITRATION SHALL BE PURSUANT TO COMPREHENSIVE ARBITRATION RULES AND PROCEDURES. THE ARBITRATION SHALL BE ADMINISTERED AND SHALL BE PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES (IF THE AMOUNT IN CONTROVERSY EXCEEDS $250,000) OR ITS STREAMLINED ARBITRATION RULES AND PROCEDURES (IF THE AMOUNT IN CONTROVERSY IS LESS THAN OR EQUAL TO $250,000). ALL PROCEEDINGS SHALL BE KEPT IN STRICTEST CONFIDENCE. CLIENT AND WC WAIVE THEIR RIGHTS, IF ANY, TO BRING ANY CLAIM THAT IS SUBJECT TO THIS ARBITRATION PROVISION AS A CLASS ACTION OR OTHERWISE ON A REPRESENTATIVE BASIS. JUDGMENT ON ANY AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. UNDER NO CIRCUMSTANCES SHALL WC BE LIABLE TO ANY PERSON OR ENTITY FOR INDIRECT, INCIDENTAL, ADDITIONAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF WC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WC LIABILITY IN ALL CLAIMS SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY THE CLIENT, FOR THE ITEMS IN DISPUTE; LESS THE ITEMS FAIR MARKET VALUE AS OF THE DATE ANY ARBITRATION PROCEEDING IS COMMENCED. CLIENT CONFIRMS THAT HE OR SHE HAS READ AND UNDERSTOOD THIS SECTION REGARDING ARBITRATION AND VOLUNTARILY AGREES TO BIND ARBITRATION. IN DOING SO, CLIENT VOLUNTARILY GIVES UP IMPORTANT CONSTITUTIONAL RIGHTS TO TRIAL BY JUDGE OR JURY, AS WELL AS RIGHTS TO APPEAL. Except as prescribed by law or where a shorter applicable statute of limitation exists, any claim or legal action of any kind arising in connection with or relating in any way to purchases from or sales to WORTH PRESERVATION, L.L.C., or otherwise must be brought within one year after the purchase or sale. Any claim or legal action of any kind arising past this time will be considered null and void. If this clause is determined to be unenforceable as to any particular claim or claims under the law of the applicable jurisdiction, it shall remain fully enforceable as to all other claims. This Account Policy is intended by WC and Client as a final expression of their Policy AGREEMENT concerning the matters set forth herein, and is also intended as a complete and exclusive statement of the terms of their Policy AGREEMENT. Specific State Refund Policies Alaska, Arizona, Colorado, Montana, Mississippi, Hawaii, Utah, Oregon, Nevada, Oklahoma, Texas (credit card purchases only), Maine‐For first time customers, timely notice must be given to WC within ten (10) calendar days of when Client receives the delivery. For subsequent purchases, timely notice must be given to WC within three (3) business days of the Trade Confirmation is mailed or delivered to Client. Florida, West Virginia‐ timely notice must be given to WC within seven (7) calendar days of when Client receives the delivery. Alabama‐ timely notice must be given to WC within eight (8) calendar days of when Client receives the delivery. North Dakota‐ ‐ timely notice must be given to WC within fifteen (15) calendar days of when Client receives the delivery. Arkansas, Michigan, Virginia, Wisconsin‐ timely notice must be given to WC within three (3) business days after the date of clients purchase order the state specific Addendum. Addendum is provided with a purchase order. Signed Addendum must be sent within the specific time and if sending via mail, addendum must be properly addressed and postage prepaid with postage marked within time period allotted for the specific state in which you reside. Indiana, Pennsylvania, South Dakota, Vermont, and Wyoming: timely notice must be given to WC within ten (10) calendar days of when Client receives the delivery. CLIENT FULLY UNDERSTANDS THIS POLICY AGREEMENT BY CHECKING THE BOX THAT THEY HAVE READ IT.