KK Bullion Terms and Conditions of Purchase

1 Definitions

In KK Bullion Terms and Conditions of Purchase

these Conditions:-

1.1  The “Company” means KK Bullion Limited (acting as the general partner of KK Bullion Limited Partnership);

1.2  The “Contract” means any contracts governed by these terms and conditions between the Seller and the Company;

1.3  The “Goods” means the goods namely metal or coins which are being sold or supplied under the terms of this contract;

1.4  The “Seller” means the party contracting with KK Bullion Limited (acting as the general partner of KK Bullion Limited Partnership) for the sale or supply of goods under these terms and conditions;

1.5  The “Transaction” means the sale of the goods which are being sold or supplied by the Company under the terms of this contract;

1.6  The “Website terms” means the terms of use from time to time of the website at www.kkbullion.com

2        Application of Terms

2.1  These conditions and the Website terms are the only conditions upon which the Company will deal with the Seller and they shall govern the Contract to the exclusion of all other terms or conditions.

2.2  These conditions and the Website terms apply to all the Company's purchases and any variation to these conditions shall have no effect unless expressly agreed in writing and signed by an authorised representative of the Company. This Seller acknowledges that the Seller has read and accepts the Website terms.

3        Delivery of the Goods

3.1  The Seller will deliver the Goods to the Company’s place of business at the Seller’s own risk and expense.

3.2  Time for delivery will be of the essence.

4        Risk and Property

4.1  The Goods shall remain at the risk of the Seller until acceptance by the Seller of the offer referred to in condition 5.

4.2  Ownership of the Goods will pass to the Company when the Seller accepts the terms of the offer referred to in condition 5.

5        Price

5.1  Upon delivery of the Goods at the Company’s place of business, the Company will make an offer of a purchase price for the Goods to the Seller based on the then-current bid price and upon acceptance by the Seller the Company will issue a Transaction number.

5.2  If the Company’s offer of a purchase price is not accepted by the Seller, the Goods will be returned to the Seller as soon as reasonably practicable at the Seller’s own risk and expense.

6        Payment

6.1  The Company shall pay the price of the Goods by sending a cheque posted to the Seller’s address at the Seller’s risk (or as otherwise agreed in writing by the Company) as soon as practicable but time for payment shall not be of essence to the Contract.

6.2  Without prejudice to any other right or remedy, the Company reserves the right to set off any amount owing at any time from the Seller to the Company against any amount payable by the Company to the Seller.

7        Assignment

7.1  The Seller shall not be entitled to assign any part of the Contract without the prior written consent of the Company.

7.2  The Company may assign any part of the Contract to any third party.

8        Force Majeure

8.1  The Company reserves the right to defer the date of delivery or payment or to cancel the contract if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.

9        Quality

9.1  The Seller warrants that the Goods shall be of satisfactory quality.

10    Limitation of Liability

10.1Nothing in these terms and conditions excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence, for any matter which it would be illegal for the Company to exclude or attempt to exclude, or for fraud or fraudulent misrepresentation.

10.2The Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price and the Company shall not be liable to the Seller for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential or any claims for consequential compensation whatsoever (howsoever cause) which arise out of or in connection with the Contract.

11    General

11.1 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

11.2  If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

11.3  The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

11.4 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.

11.5  In the event of any inconsistency between the Website terms and these terms, these terms shall be deemed to apply.

11.6  The Company shall accept no liability to the Seller in respect of any claims made for infringement of patent rights, registered or unregistered designs, trade marks, copyright and any other intellectual property rights involved in the use or resale of the Goods.