ICBC Agency Personal Gold Bullion Trading Agreement
Party A: ICBC
Party B: 自助注册
In connection with ICBC (Party A) granting, continuing or affording trading services on gold bullion at the request of (Party B) and for considerations deemed by the parties to be mutually acceptable, the parties agree to the following terms and conditions:
I. Party A is a Banking Participant of the Shanghai Gold Exchange. Party A executes trades at the instruction of Party B and settles the funds and delivers the gold on Party B's behalf. Trading Hours is 10:00 – 11:30, 13:30 – 15:30, Monday to Friday, except national and public holidays.（Any changes refer to the opening hours of the Gold Exchange.）
II. Party B shall open an Account for funding the trades using ICBC Peony Money Link Card or Elite Club Account Card under the name registered in the personal ID Card. Party B shall warrant that information for opening the account is true, accurate, complete and valid and agree to notify Party A of any changes in the information supplied.
III. Party B is bound by the terms and conditions of all Agreements signed with Party A. when entering a gold bullion transaction via Party A's Telephone Banking, Internet Banking.
IV. Gold bullion shall be traded via quotes, firm bid, match close and physical delivery. At the instruction of Party B, Party A shall apply to Shanghai Gold Exchange for execution via automatic close. Gold traded are Au99.99 quoted at RMB/gm in two decimal places. All transactions shall be settled and gold shall be delivered upon closing. Trading is in unit of lot of 100 gm or its integral multiple. Buy order shall be a minimum of 10 lots and sell order shall be a minimum of 1 lot. Unit of withdrawal is 1000 gm or its integral multiple. All orders are valid on the day. Party B acknowledges that all closed orders settled fully or partially whatsoever within validity cannot be changed or cancelled.
V. Party A shall settle the transaction and deliver the gold to Party B upon closing. Customer shall have the option on the withdrawal of physical gold. If necessary, Customer shall apply for gold withdrawal at the specified Party A's business offices. All applications cannot be cancelled once accepted. Gold withdrawn are not allowed to be taken into warehouse and traded again.
VI. Within 10 working days after withdrawal, any discrepancies found on the gold quality shall be submitted to the Party A's business offices where the gold is withdrawn, supplied with withdrawal confirmation voucher and gold quality certificate.
VII. On the settlement of a transaction, Party B shall pay to Party A 0.15% commission of the closing price and 0.06% trading fee and other applicable fees collected on behalf of Shanghai Gold Exchange. As stated, Party B shall check the balance in the account and gold account or download via Internet Banking or print the details at Party A Counter during banking hours.
VIII. Party B shall place the Account Number and Password used for gold bullion transactions under great safety. All transactions in respect of the Account Number and Password shall be treated as trades on Party B's own account. Party B shall follow all the stated rules to report to Party A the lost or stolen ID, documentation, bank card or password. Party B is liable for all consequences or loss arising from the delay report of the loss.
IX. Gold prices may be affected by fluctuations arising from political and economic changes in China or International or other sudden events.Party B acknowledges the substantial risks involved in the trading of gold bullion and shall undertake all such risks and loss on own account. Market analysis and predication from Party A only serve as reference to Party B. Party B acknowledges that all transaction requests or orders are issued under own judgment and shall be responsible for all the risks and losses. Party A is not liable whatsoever.
X. Party B agrees to be bound by the State regulations and applicable rules on the personal trading of gold bullion, and shall be subject to Party A's terms and conditions.
XII The Agreement herein shall be supplemented or amended upon approval by both parties. All supplements and amendments have the same legal force as the Agreement herein. Unless otherwise agreed by both parties, supplemented or amended terms shall not bind the transactions already closed.
XIII The Agreement herein shall be terminated upon Party B's written notice to Party A after Party B's transaction requests or orders have been fully executed, cancelled or automatically void, or Party A's announcement on the termination of the trading services as a result of changes in State policies or force majeure.
XIV. Any disputes related to the Agreement herein shall be settled through friendly discussion. Should no agreement can be reached, either party shall proceed to the Peoples' Court of the other party.
XV. The Agreement herein shall be enter into force once stamped by Party A and signed by Party B. The Agreement herein is executed in two copies with equal force, 1 copy for each Party.
Date：2013- 6- 20 |
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