Policies & Procedures

 

Policies and Procedures

• Price Confirmations and Binding Agreement

• Anti-money Laundering

• Good Funds

• Cancellation of Orders

• Shipment of Your Order

• Acknowledgment of Risk

• Professional Disclosure

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Price Confirmations and Binding Agreement                                                                      

Once you have placed an order to buy precious metals from Borger Capital Group LLC (“BCG”), you have entered into a binding agreement. When ordering over the phone, the price at which your order is placed is the locked-in price. Your invoice and invoice number will be sent to you via email. You must ensure that your payment is sent to "Borger Capital Group" via bank wire. 
 

Anti-money Laundering                                                                                                        

Borger Capital Group LLC uses all of its commercially reasonable efforts to comply with applicable FinCEN anti-money laundering laws. Our full AML policy is available under the AML Program section.

Good Funds                                                                                                                            

“Good funds” refers to the moment we receive your payment. Additional delays may occur if your bank does not cooperate in assisting us with the information needed to verify your transaction.

Cancellation of Orders                                                                                                            

Once we have issued a confirmation number, all prices are locked-in, and the buyer has entered into a binding agreement. It is not our intention to enter into buying and/or selling transactions, accepting the risks involved only to have them cancelled. Once the price is locked in for you the transaction may not be cancelled.

Shipment of Your Items

BCG orders are shipped from its storage facilities via UPS (and under certain circumstances, via Federal Express and/or USPS). Each package ships fully insured and requires a signature upon delivery. If your package is lost, stolen, or damaged while in transit to you it will be covered by these insurance policies. However, neither we, nor our suppliers and affiliates, will accept responsibility if you have left instructions with any carriers or delivery service to leave parcels unattended for you without the need for a signature. Or, you have given them instructions to leave your package with someone else such as a building manager, neighbor, drop-off location such as Mailboxes etc., The UPS Store, etc. Insurance is VOIDED once the package has been signed for, whether by you or another representative at the address you have specified. If metals are lost or damaged in transit, it is our responsibility to pursue any claim with the insurance company. If we determine the package is lost, stolen, or damaged, BCG, or our suppliers and affiliates, will file a claim. Once the claim is filed, we reserve the right to re-ship your items or refund your money at our discretion. You hereby waive any right to file a claim or receive payment from the insurance company with respect to lost or damaged metals purchased by you and shall cooperate with BCG in filing and pursuing any claim. You hereby agree and acknowledge that your only right or remedy is to receive replacement metals or have your money refunded. From the date of shipment, you have 30 days to communicate that a package has gone missing, after which time we will no longer extend our insurance guarantee to the customer.

Acknowledgment of Risk

The purchase of coins or bullion items is highly speculative and involves substantial risk. As in other markets, coin or bullion prices can be extremely volatile and will rise and fall depending upon market conditions. Therefore, before purchasing coins or bullion, you should first have adequate cash reserves and other assets to absorb a potentially significant (and possibly total) loss. Historically, few coins or bullion items have appreciated dramatically in the short term. Therefore, purchasers should recognize that it might be necessary to hold coins for a 3 to 5 year period, or even a 5 to 10 year period, to have any chance of realizing a significant gain. You acknowledge and agree that you are entering into the transaction to purchase precious metals from BCG freely and voluntarily and not relying upon BCG for any representations or warranties. You represent and warrant that you have sufficient knowledge to enter into the transaction and assume the risks of such transaction.

 

Professional Disclosure  

Borger Capital Group, LLC maintains a strictly transactional relationship with their customers concerning precious metals transactions. It is essential to understand that these transactions do not constitute investment advice or financial advice of any kind.

We do not engage in providing investment recommendations. Additionally, Borger Capital Group LLC does not perform portfolio analysis or assess the suitability of precious metals transactions for individual customers. These responsibilities lie solely with the customer's investment advisor, who is equipped to provide personalized investment guidance and ensure the suitability of financial products for their clients' specific needs and circumstances.

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By engaging in transactions with Borger Capital Group LLC customers acknowledge that they are acting independently and are not relying on Borger Capital Group LLC for investment advice or financial decisions.

For any investment advice or to discuss the suitability of precious metals in your portfolio, please consult with a qualified investment advisor.

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Borger Capital Group LLC cannot provide tax or legal advice and will not advise as to the tax or legal consequences of purchasing or selling precious metals or opening a Precious Metals IRA. Individuals should consult with their investment, legal or tax professionals for such services.

 

Terms & Conditions

 

Customer Agreement

You must be at least 18 years or older to use the services provided by Borger Capital Group LLC, including making purchases from Borger Capital Group LLC, making sales to Borger Capital Group LLC and placing orders with Borger Capital Group LLC, you are agreeing to the following terms, including, without limitation, the terms available in the “Customer Agreement”. These terms apply to all orders, all purchases and all sales.

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Before you may place orders to purchase from, and/or sell to, Borger Capital Group LLC you must read and accept all of the terms in the Customer Agreement. Borger Capital Group LLC strongly encourages you, as you read this Customer Agreement, to access and to read carefully the Policy and Procedures.

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This Customer Agreement is effective on July 1st, 2024, for all existing customers and all existing users of the website and will be effective, upon acceptance for all customers and all new users of the website or otherwise.

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Purchases, Sales, and Orders
You may place orders from Borger Capital Group LLC only in accordance with the Policy and Procedures.

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Disclaimers
You are subject to the Disclaimers that have been made by Borger Capital Group LLC, which Borger Capital Group LLC encourages you to access and to read carefully, and to the other Disclaimers that are contained in this User Agreement and the other policies adopted by Borger Capital Group LLC.

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In addition, you represent and warrant to Borger Capital Group LLC that you have sufficient experience and knowledge to make informed decisions to purchase from and/or sell to Borger Capital Group LLC. You expressly acknowledge that you are making all of your own decisions in connection with purchases and/or sales and that Borger Capital Group LLC is not making any recommendation with respect to such purchases and/or such sales. You also expressly acknowledge that you are subject to a variety of risks, which risks are beyond the control of Borger Capital Group LLC, and you expressly acknowledge that Borger Capital Group LLC is not liable or responsible for those risks, for which you have sole responsibility. Those risks include, without limitation, risks associated with the price volatility of the products, particularly precious metals. Under certain market or other conditions (such as technological or other disruptions), you may not be able to liquidate the purchased products, or liquidate the purchased products at prices acceptable to you.

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Risks 
All investments involve risk. Coins and bullion are no exception. The value of a bullion coin is affected by many economic factors, including the current market price of bullion and the perceived scarcity of the coins and other factors. Some of these factors include the quality and current demand and general market sentiment.

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Therefore, because both bullion and coins can go down as well as up in value, investing in them may not be suitable for you or your company. Since all investments, including bullion and coins, can decline in value, you should understand them well, and have adequate cash reserves and disposable income before considering a bullion or coin investment.

Banking Risks
Borger Capital Group LLC maintains a bank account with BMO Bank N.A., which is a bank of the United States of America insured by the Federal Deposit Insurance Corporation (the "FDIC").  In its sole and absolute discretion, Borger Capital Group LLC may elect to move its bank account to another bank which is a member of the FDIC. However, circumstances may arise due to economic forces outside the control of Borger Capital Group LLC, or BMO Bank N.A. (or such other replacement bank), which may cause bank holidays, shutdowns, bank runs or other disruptions to the banking system. In such events Borger Capital Group LLC will make every effort to recover customer funds, including filing insurance claims with the FDIC. 

Customers agree that the recovery of such funds or insurance proceeds from BMO Bank N.A. (or such replacement bank) or that Borger Capital Group LLC’s commercially reasonable actions with respect to its partners and suppliers, as the case may be, is the sole remedy for the Customer and that Borger Capital Group LLC shall have the right to pursue such recovery. The Customer agrees to cooperate with Borger Capital Group LLC in pursuing such recovery. Notwithstanding the foregoing, Borger Capital Group LLC cannot and does not guarantee customer deposits or advanced funds during such events and the customer assumes all liability and risk associated with such process, wire transfers, advancement of funds and banking disruptions. Customers agree to hold harmless Borger Capital Group LLC, and any of its members, representatives, employees, agents, partners or suppliers, for any such losses or damages related to any such disruption described in this paragraph, unless such losses or damages are solely the result of the gross negligence of Borger Capital Group LLC.

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Indemnification
You shall indemnify and hold harmless Borger Capital Group LLC and its partners, affiliates, directors, officers and shareholders from and against any and all costs, damages, expenses, liabilities and obligations, including, without limitation, reasonable attorneys’ fees, that you may incur as a result of, or in connection with, (a) any breach of any representation or warranty made by you to Borger Capital Group LLC or (b) your failure to comply with this Customer Agreement or the policies adopted by Borger Capital Group LLC.

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Limitation of Liability
You are subject to the limitations of liability contained in this Customer Agreement, the Disclaimer and the other policies adopted by Borger Capital Group LLC.

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In the event that, notwithstanding such limitations of liability, Borger Capital Group LLC is determined to be liable to you in connection with any transaction between Borger Capital Group LLC and you pursuant to this Customer Agreement, the liability of Borger Capital Group LLC to you shall be limited to the greater of (a) the amount, if any, that you paid in such transaction or (b) $100. Borger Capital Group LLC shall not, in any event, be liable for any consequential, exemplary, punitive or indirect damages (including, without limitation, lost profits).

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Privacy
Borger Capital Group LLC has adopted the Privacy Policy which you are encouraged to access and to read carefully.

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Other Policies
Borger Capital Group LLC has adopted the Disclaimer, the ordering Policy and Procedures, and the Privacy Policy and may, from time to time, adopt other policies in connection with the website and your use of the website, as well as purchases from, and sales to, Borger Capital Group LLC. All of these policies may be amended or terminated, at any time and from time to time, by Borger Capital Group LLC and such amendments and such terminations will take effect when posted on Borger Capital Group LLC’s website www.borgercapital.com.

By purchasing from, making sales to, or ordering from Borger Capital Group LLC, by telephone or otherwise you are subject to such policies, with which you hereby agree to comply.

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Export Compliance
Every product that Borger Capital Group LLC sells is subject to all United States export laws. No products may be exported or re-exported into, or to a national or resident of, Cuba, Iran, North Korea, Syria or any country to which the United States has embargoed goods. Additionally, no products may be exported or re-exported to anyone on the United States Treasury Department's list of Specially designated Nationals or the United States Commerce Department's Table of Denial Orders.

Anti-money Laundering
Borger Capital Group LLC maintains a stringent Anti-money Laundering Program, which is strictly observed. By agreeing to our Terms & Conditions, customers also agree to Borger Capital Group LLC’s Anti-money Laundering policies.

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Termination
Borger Capital Group LLC may terminate this Customer Agreement, with or without cause, at any time by written notice to you. The termination of this Customer Agreement shall not affect the rights and the obligations of Borger Capital Group LLC and you with respect to the period prior to the termination.

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Absence of Relationship
The sole relationship between Borger Capital Group LLC, its partners, and you is a purchaser-seller relationship. No other relationship, including, without limitation, any agent-principal relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, between Borger Capital Group LLC and you exists.

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Assignment
You may not assign this Customer Agreement or any of your rights or your obligations under this Customer Agreement without the prior written consent of Borger Capital Group LLC, which may be granted or withheld by Borger Capital Group LLC in its sole discretion. This Customer Agreement shall be binding on all permitted assigns and successors of Borger Capital Group LLC and you.

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Dispute Resolution
It is the common goal of Borger Capital Group LLC and you that any disagreement or dispute between Borger Capital Group LLC and you be resolved expeditiously. Borger Capital Group LLC and you agree that all disagreements and disputes between Borger Capital Group LLC and you be resolved in accordance with the following paragraphs:

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Forum Selection
The federal and state courts located in or around Wausau, WI, USA, shall have exclusive personal and subject matter jurisdiction of all disagreements and all disputes. All disagreements and all disputes shall be resolved exclusively in such federal and state courts. You hereby consent to the personal jurisdiction of those federal and state courts for the purpose of resolving such disagreements and such disputes and waive all objections to the jurisdiction and venue of such federal and state courts. Service of all process in any dispute or proceeding in any such court may be made by registered or certified mail, return receipt requested, to the applicable part at its notice address provided herein and any such service provided in accordance with the preceding clause shall be sufficient to confer personal jurisdiction over the applicable party in any such proceeding in any such court, and otherwise constitutes effective and binding service in every respect.

 

Governing Law
This Customer Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Wisconsin, without regard to its conflict of laws principles.

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Waiver of Jury Trial; Arbitration. BOTH Borger Capital Group LLC AND YOU HEREBY WAIVE ITS RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY DISAGREEMENT OR DISPUTE RESULTING FROM, OR IN CONNECTION, THIS CUSTOMER AGREEMENT AND THE TRANSACTIONS UNDER THIS CUSTOMER AGREEMENT. Both Borger Capital Group LLC and you also waive any arbitration requirements to which they might otherwise be subject.

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Force Majeure
If Borger Capital Group LLC cannot perform any obligation hereunder as a result of any event that is beyond its control, Borger Capital Group LLC’s delay or failure to perform such obligation shall be excused and Borger Capital Group LLC shall not be liable for any damages as a result of, or in connection with, such delay or such failure.

 

Recording of Phone Conversations
Borger Capital Group LLC may record phone conversations between Borger Capital Group LLC and you strictly for the purposes of order accuracy. You consent to the recording of such phone conversations.

 

Severability
This Customer Agreement is intended to be enforceable to the fullest extent permitted by applicable law. If any term of this Customer Agreement is held to be unenforceable for any reason, such unenforceability shall not affect the other terms of this Customer Agreement and the term that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.

Amendment
Borger Capital Group LLC may amend this Customer Agreement at any time by posting the amended terms on the website. Except as otherwise provided in the Customer Agreement, the amended terms will become automatically effective 30 days after their initial posting on the website.

Except as set forth herein, this Customer Agreement may not be amended except by written agreement between Borger Capital Group LLC and you.

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Entire Agreement

This Customer Agreement sets forth the entire understanding between Borger Capital Group LLC and you with respect to the subject matter of this Customer Agreement.                                          

 

If you have any questions with respect to this Customer Agreement or your rights and your obligations under this Customer Agreement, contact Borger Capital Group LLC at (920) 888-2025.

 

 

 

 

 

Privacy Policy

 

Borger Capital Group LLC (“BCG”) respects your privacy. We will never willfully disclose individually identifiable information about our customers to any third party.

BCG, its employees and partners, are aware of our privacy policy. Customer information is made available only to selected employees and partners who need to have access to it in order to complete your order and are aware of and have agreed to abide by our privacy policy.

 

Contacting Us                                                                                                                                      

If you have any questions about this privacy statement, the practices of this site, or wish to review and request changes to our information, you can contact: 

Borger Capital Group LLC 
PO Box 333 
Wausau, WI 54402
info@borgercapital.com 
(920) 888-2025

 

Privacy Philosophy                                                                                                                        

BCG does not sell, rent, or loan any identifiable information regarding its customers to any third party. Any information you give us is held with the utmost care and security and will not be used by BCG in ways to which you have not consented. 

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When you purchase products through BCG or register for any BCG services, we automatically place you on our list to receive email regarding updates about special offers, new products, and new services. If you do not wish to receive email updates, please send an email via our online contact form and let us know you would like to unsubscribe or follow the “opt-out” procedures contained in our e-mail to you to remove yourself from our mailing list.

Use of Information Gathered                                                                                        

BCG will not collect any personal information about individuals except when specifically, and knowingly provided by such individuals. Such information are name, postal address, email address, phone number and bank wire information. This is needed in order to complete your orders. BCG may share non-personal aggregate, or summary information regarding its customers with partners or other third parties, but BCG does not sell or share any information at the individual customer level.
 

Opt-Out Features                                                                                                                          

BCG gives clients control over the communications directed to them. When we collect your name and address information:

---You can inform us that do not want to receive certain communications from BCG such as email newsletters announcing specials or new features.

---You can stop receiving any messages sent by BCG by either calling us at (920) 888-2025 or by sending an email to info@borgercapital.com and let us know you would like to unsubscribe, or by following the opt-out procedures contained in the emails to you.

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Anti-Money Laundering Policy

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AML Policy                                                                                                                              

Borger Capital Group LLC has voluntarily established a risk-based AML Program.  It is the Policy of the Company to prohibit and actively prevent money laundering and any activity that facilitates money laundering or the funding of terrorist or criminal activities by voluntarily complying with applicable requirements under the Bank Secrecy Act, as amended by the USA PATRIOT Act and all related implementing regulations.

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The AML Program will be reasonably designed to prevent the Company from being used to facilitate money laundering and the financing of terrorist activity through the purchase of precious metals.  The AML Policy will be reviewed and updated by the designated AML Compliance Officer on a regular basis, at a minimum annually, to ensure appropriate procedures and internal controls are in place to account for both changes in regulations and changes in the Company’s business.  To accomplish this, the Company will conduct an annual AML risk assessment.  The results of the risk assessment will drive improvements in the Company’s AML risk management by identifying money laundering risks, assessing how these risks are controlled and mitigated, determining the remaining residual risk, and identifying possible enhancements to existing controls, including policies, procedures, and processes.  

 

INDEPENDENT TESTING                                                                                        

An independent third-party will conduct a review of the Company’s AML Program and Policy on a regular periodic basis, either annually or no later than every 18 months.  Such testing shall reflect a scope and frequency commensurate with the risk assessment conducted by the AML Compliance Officer.  

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To ensure independence, the independent third party will not assume any operational duties related to the AML Policy.  The independent third party will maintain a record of the independent review and testing.  The independent testing is intended to confirm that the AML Program operates properly.  

ONGOING EMPLOYEE AML TRAINING                                                          

Training will cover money laundering and facilitation risks for illicit activity, to include current and emerging risk factors.  Training will also address the legal and regulatory framework, as well as the Company’s policies and procedures, and employee roles and responsibilities regarding AML compliance.  Training will be conducted on at least an annual basis and will be more targeted for certain employees as appropriate.  Borger Capital Group LLC will document all training, to include dates of training, employees trained and training content

 

 

Disclaimer

 

Order Entry Risk Disclosure and Disclaimer
Borger Capital Group LLC (“BCG”) specifically disclaims any liability or responsibility for orders placed by phone, e-mail, or the BCG order entry system, for any losses or direct, indirect, consequential or incidental damages which you may recognize or incur as a result of placing an order with BCG, including, without limitation, the use of the BCG order entry system. Further, BCG specifically disclaims any liability for the interruption, cancellation or other termination of the BCG order entry system.

Limitation of liability
All orders placed by phone, e-mail, or through the order entry system are taken on a best-efforts basis. BCG shall not be responsible for errors, negligence or inability to execute orders. Nor shall BCG be responsible for any delays in the transmission, delivery or execution of customer's order due to breakdown or failure of transmission or communication facilities, or to any other cause or causes beyond BCG's reasonable control or anticipation.

Possible system failure

Order entry systems have been designed to provide an efficient and dependable method for entering orders. Commercial Internet service providers are not 100% reliable and a failure by one or more of these providers may affect Internet based order entry. The customer acknowledges that the order entry system, the telephone and its associated providers, and the Internet are mechanical systems and as such may be subject to failure beyond the control of BCG. The customer acknowledges having read and understands the order entry system risk disclosure and disclaimer.

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Use of "cookies"

BCG may store a small file (commonly known as a "cookie") on your computer when you visit www.borgercapital.com
We use cookies to improve our knowledge of the use of our web site and to help us determine how well our web site is operating.
The type of information we collect using cookies is specific to your PC and does not include personal information about you. We collect information such as the IP address, the date and time you visited the web site, which pages of our web sites you looked at and whether those web pages were delivered quickly and successfully.

Using this information allows us to improve our web site and to provide you a better online experience. 
You can delete our cookies or block this information by changing the settings on your PC (please refer to your browser’s help screens or instructions). If you block this information, you may not be able to utilize some features of the site.

 

 

 

Acknowledgment and Agreement

 

By signing below, the undersigned customer acknowledges that they have received, read, and understood the terms and conditions of the Customer Agreement. The customer agrees to be bound by the terms and conditions set forth in this agreement.

 

Customer Signature:

 

• Signature: _____________________________________________________

 

 

• Print Name: ____________________________________________________

 

 

• Date: _________________________________________________________