Terms & Conditions of Sale
The following Terms and Conditions of Sale apply to all client purchase transactions, unless specifically altered in writing by Phoenix Asset Consortium Ltd. Please read the Terms and Conditions carefully. Phoenix Asset Consortium Ltd. is a specialty dealer in Hard Assets with offices in Toronto, Canada, Tel Aviv, Israel and an affiliate office in Europe.
Phoenix Asset Consortium Ltd. may act either as principal or agent in connection with the sale or purchase of Hard Assets. Prices paid by the client will be higher than those that prevail at the dealer to dealer level. Title to a Hard Asset passes to the purchaser only upon payment in full. All goods shipped FOB point of departure or held in safekeeping at client’s written request. Shipping is done by registered mail or courier and at client’s expense. All goods are fully insured for face value identified on invoice. Client and Phoenix Asset Consortium Ltd. shall be jointly listed as named insured. In the unlikely event of loss, the client authorizes Phoenix or its duly appointed agent to deal on his/her behalf to recover the insurance proceeds for the benefit of the owner. In consideration of Phoenix Asset Consortium Ltd. accepting the account of any client, Phoenix will not disclose client information (financial or personal) to any third party without the expressed written consent of said client. In the event of a request for information by a government agency, Phoenix will forward the request to the Company’s attorney who will assess and respond to the request in accordance with the laws of Canada. Further, Phoenix undertakes to assure its clients that all Hard Assets sold by the Company have been purchased from legitimate sources not involved in funding conflict and are in compliance with all appropriate United Nations resolutions.
Unless arrangements are made in writing to the contrary, payment in full for all Hard Assets purchased shall be made in advance of shipping. Title to a Hard Asset passes to the customer, from the Company, once full payment has been received, and processed in the Company’s account by the Company’s bankers. In the event the customer fails to settle the balance of its indebtedness by the Settlement Date shown on the sales invoice, Phoenix Asset Consortium Ltd. may, without further notice, sell the allocated Hard Asset to another buyer or return the Hard Asset to the Company’s inventory. Any such sale may be made by Phoenix Asset Consortium Ltd. upon any exchange or other market or by public or private sale upon such terms and in such manner as Phoenix Asset Consortium Ltd., in its sole discretion, may determine
Upon receipt of payment, any transaction indicated or referred to in any invoice, notice, statement, verbal confirmation or other communication and every statement of account shall be deemed as authorized and correct as ratified and confirmed by the customer. In the event of a possible discrepancy, the customer shall provide written notice to the contrary within ten (10) days from the time such notice, statement, confirmation or other communication is forwarded to the customer. Such notice shall be sent by registered mail to Phoenix Asset Consortium Ltd.’s business address for correspondence or to some other address communicated to and acknowledged by Phoenix Asset Consortium Ltd. Any and all written notices and communications sent by Phoenix Asset Consortium Ltd. to the customer shall be deemed to have been received if sent by mail or by any recorded means such as courier, facsimile or e-mail either delivered to the customer at the address indicated on the customer’s initial correspondence or at some other address communicated to and acknowledged by Phoenix Asset Consortium Ltd
The courts of the Province of Ontario, Canada shall have exclusive jurisdiction and venue with respect to any dispute arising from the business relationship between the customer and Phoenix Asset Consortium Ltd., and the parties consent to personal jurisdiction in the courts of Ontario and waive any objection to jurisdiction. All claims arising from the relationship between the parties, whether sounding in contract, tort or otherwise, shall be governed by and interpreted in accordance with the laws of Ontario, excluding its choice-of-law principles.
Payment (in whole or in part) of any invoice transmitted by Phoenix Asset Consortium Ltd. constitutes an acknowledgement by the customer that he/she has received and reviewed the Company’s profile, including these Terms & Conditions of Sale.
Phoenix Asset Consortium Ltd., has the at its sole discretion, the right to refuse to act as agent for or to accept repurchase or resale instructions from its clients at any time wherever Phoenix Asset Consortium Ltd., at its sole discretion deems it necessary for its own protection. By settling the initial invoice with payment, the customer waives any and all claims against Phoenix Asset Consortium Ltd. for any loss or damage arising from or related to any such refusal.
The provisions of this agreement shall ensure to the benefit of and be binding upon Phoenix Asset Consortium Ltd. and its successors and assigns and upon the successors, assigns, heirs, executors and administrators of the customer and shall continue in full force and effect in the event of the death, bankruptcy (whether voluntary or involuntary) or mental incompetency of the customer.
No action taken by Phoenix Asset Consortium Ltd., nor any failure to take action or exercise any right, remedy or power available under this agreement, shall be deemed to constitute a waiver or other modification of any Phoenix Asset Consortium Ltd.’s rights, remedies or powers and this agreement is subject to modification only by a further agreement in writing, signed by both parties, between Phoenix Asset Consortium Ltd. and the customer.
Phoenix Asset Consortium Ltd. is not licensed as an Investment Advisor to provide Investment Advice and does not act as a Market Maker. Instead Phoenix Asset Consortium Ltd. relies upon a number of services to set prices including Tier 1 & 2 Auctions, Private Dealer Records and information from online sources. Anyone contemplating the purchase of Hard Assets for Wealth Accumulation purposes should perform a proper due diligence. We encourage potential clients to contact our attorneys and accountants to establish our Company bonafides and to consult with their own financial advisors and/or attorneys to establish the appropriate nature of diversification into Hard Assets. Historically, Hard Assets have been subject to upward price movement. Phoenix cannot guarantee that this historical upward movement in prices will continue in the future.