Notice to all CIMB Bank e-gold Investment Account ("egia") customers. (Date of Notice: 20 April 2018) Dear customers,
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1 Notice to all CIMB Bank e-gold Investment Account ("egia") customers (Date of Notice: 20 April 2018) Dear customers, We wish to inform you that the terms and conditions of the CIMB Bank e-gold Investment Account Agreement have been varied and/or amended to reflect the discontinuation of request for physical gold. The amended terms and conditions shall take effect and be binding upon you after twenty one (21) calendar days from the date of this notice. Please refer to CIMB Bank s website at for a copy of the amended terms and conditions after twenty one (21) calendar days from the date of this notice. Only the varied and/or amended clauses are listed below and they now read as follows:- 1. PURPOSE OF GOLD INVESTMENT ACCOUNT (egia) I/We may from time to time purchase from and/or sell to the Bank 99.9% pure gold commodity (hereinafter referred to as gold ) under the egia and any balance of the gold for the time being purchased but not yet re-sold by me/us pursuant to the terms herein shall be recorded in the egia as owing by the Bank to me/us and is to be dealt with in accordance to the terms and conditions as provided hereinafter. 2. ACCOUNT OPENING 2.5 In the case of joint accounts opened by us (applicable to egia opened in the names of two (2) but not more than three (3) persons with the signing condition of either one to sign for egia opened in the names of 2 persons and with the signing conditions of any one to sign for egia opened in the names of 3 persons), we understand and agree that we shall not be entitled or permitted to purchase and/or sell gold via CIMB Clicks and agree that all agreements, obligations, powers, authorities and liabilities herein contained in this Agreement shall be deemed binding on the egia account holders, jointly and severally. It is hereby agreed that notice is deemed to have been given by the Bank to us when any one of the joint account holders is notified by the Bank. We, the joint account holders shall jointly and severally undertake to indemnify and hold the Bank harmless against losses, claims, demands, proceedings, costs, expenses and other liabilities whatsoever and whenever incurred by the Bank in consequence of and/or arising from the Bank complying with any authorization issued by any of the egia s joint account holders unless they arise from and are caused directly by the Bank s gross negligence or wilful default. 3. DECLARATION 3.4 I/We agree that the Bank shall not have any responsibility or liability whatsoever to me/us for any depletion or diminution in the value of the gold purchased under the egia and for any other losses,
2 damages, cost or expenses incurred or suffered by me/us including but not limited to the incurrence of any tax (including but not limited to goods and services tax ( GST )) and/or other levy with respect to the establishment, issuance or operation of the egia or in respect of the sale or purchase of the gold held in connection therewith. 3.5 I/We understand and agree that the Bank may at any time suspend and/or not effect my/our purchase and/or sale of gold under the egia standing to the credit under the egia without assigning any reasons and I/we hereby agree that such suspension, refusal to effect my/our purchase and/or sale of gold under the egia shall not entitle me/us or any other third party to any claim or compensation against the Bank for any direct or indirect losses or damages suffered by me/us or any other third party arising therefrom. 13. CUSTOMER S ACKNOWLEDGMENT 13.1 I/We hereby expressly acknowledge and agree that: The Bank shall not be under any duty and/or liability in any circumstances to deliver (whether in Malaysia or anywhere in the world) any or all of such gold so purchased as aforesaid physically or in specie to me/us and I/we shall have no right and at no time be entitled to demand and/or request such delivery The Bank shall not be deemed howsoever to be bailee and/or trustee of me/us in relation to any or all of the gold for the time being due and owing by the Bank to me/us in a egia The details and particulars completed by me/us on any such forms prescribed by the Bank to purchase gold from the Bank, to sell gold in the egia to the Bank and/or the details or particulars recorded under the egia and/or the Designated Affiliate Account shall be accepted by me/us as conclusive evidence of the particulars contained therein including but not limited to particulars relating to the date and quantity of gold purchased or sold. 15. INDEMNITY AND LIMITATION OF LIABILITY 15.1 The Bank shall not be responsible for and I/We hereby jointly and severally agree and undertake to indemnify and keep indemnified the Bank and hold the Bank harmless against all losses, costs, and expenses which may be incurred by me/us or the Bank, including but not limited to the incurrence of any tax (including without limitation to GST) and/or other levy with respect to the establishment, issuance or operation of the egia or in respect of the Bank s execution of any instructions for sale or purchase held in connection therewith (notwithstanding such instructions may be fraudulent or unauthorised) unless they arise from and are caused directly by the Bank s gross negligence or willful default. 16. CLOSURE OF egia 16.3 The egia will be considered closed if it appears in the Bank s book as having a zero or nil balance or by operation of law.
3 23. SUSPENSION OF SALE AND PURCHASE 23.1 Notwithstanding any provisions to the contrary and/or any express or implied duty or obligation on the Bank s part, it is hereby expressly agreed that the Bank shall at its sole discretion, be entitled for any reason whatsoever (i) not to accept any instruction for sale or purchase of gold and/or (ii) to quote any price at any time including but not limited to during the period where trading in gold is suspended in the Gold Exchange of Malaysia or any other gold exchange in any other jurisdiction. Clauses 13.1 to 13.9 as reproduced below are deleted in its entirety. 13. REQUEST FOR PHYSICAL GOLD 13.1 Request for the withdrawal of any physical gold from the egia, if any, shall be made by me/us at the branch where the egia was opened. Each withdrawal shall be subject to a minimum quantity of 100 grams and in multiples of 100 grams or such other minimum quantity as may be determined by the Bank from time to time, upon giving fourteen (14) calendar days prior notice and subject to the payment of the prevailing service charges and taxes (including but not limited to service tax or GST) To submit an application for any withdrawal of the physical gold at the branch where the Designated Affiliate Account was opened, I/we shall irrevocably request the Bank to withdraw the gold standing to the credit of the egia by completing the Bank s prescribed form (together with any other documents and declarations deemed necessary by the Bank in support of my/our application) and tendering the same to the Bank. Thereupon, the Bank will issue a Request For Withdrawal Of Physical Gold Receipt ( the Receipt ) to me/us as an acknowledgement of the Bank s receipt of my/our irrevocable request for withdrawal of physical gold from the egia subject to the Bank first having received from me/us the required prevailing fees and charges (inclusive of insurance and transport charges) for the delivery of the physical gold to the Bank s designate branch and other charges including GST, or any other taxes, if applicable For egia opened in my sole name, to submit an application (to be supported by any other documents required by the Bank including the necessary declarations duly executed by me) for any withdrawal of the physical gold via CIMB Clicks, I shall irrevocably request the Bank to withdraw the gold standing to the credit of the egia by completing the electronic request form as prescribed by the Bank. Thereupon, the Bank will issue via CIMB Clicks a 'Collect Physical Gold Acknowledgement' document ("the e-receipt") to me as an acknowledgement of the Bank's receipt of my irrevocable request for withdrawal of physical gold from the egia subject to the Bank first having received from me the required prevailing fees and charges (inclusive of insurance and transport charges) for the delivery of the physical gold to the Bank s designate branch and other charges including Goods and Services Tax, or any other taxes, if applicable There shall be a waiting period of up to four (4) weeks, or such other period as the Bank may determine from time to time after giving fourteen (14) calendar days prior notice, from the date of the
4 Bank's issuance of the Receipt or e-receipt, as the case may be, before the Bank issues a notice to me/us for the collection of the physical gold. Upon receipt of notification from the Bank to collect the physical gold, I/we shall then present the Receipt or e-receipt, as the case may be, for collection of the physical gold at the branch or place designated by the Bank. Request for withdrawal of physical gold, the acceptance of the Request by the Bank and the collection of the physical gold may be subject to the absolute discretion of the Bank, such other requirements of the Bank and/or subject to the prevailing practice of the Bank, and/or subject to such proof of my identity as the Bank may require I/We shall collect the physical gold on a as is where is basis from the Bank s designated branch, as notified to me/us, within thirty (30) business days from the date of the Bank s notification letter for collection (hereinafter referred to as the collection date ). Upon receipt of the notification for collection of the physical gold, under no circumstances can I/we request for access to the physical gold for any purposes without taking delivery of the physical gold and neither can I/we request the Bank to hold the physical gold after the collection date by way of custodial services as no such services shall be rendered by the Bank I/We agree that all risks of delivery shall pass to me/us upon receipt of the physical gold by me/us and the Bank shall not be at any time under any duty and/or obligation to purchase and/or buy back the physical gold so withdrawn by me/us and/or to entertain any of my/our request for compensation arising from any claims whatsoever relating to the gold In the event that I/we fail and/or neglect to be present at the Bank s designated branch by the collection date, the Bank shall be at liberty and is deemed hereby to have been irrevocably authorized by me/us to sell the physical gold so withdrawn after the collection date without any prior notice to me/us and I/we shall be liable for the applicable insurance charges and transportation costs and any other charges including but not limited to GST or any other taxes, if applicable, incurred in the sale of the physical gold (hereinafter referred to as the charges for the sale of physical gold ) I/We hereby agree that the Bank shall be at liberty and is hereby irrevocably authorized by me/us, without my/our prior knowledge or consent to sell the physical gold so withdrawn but not collected by me/us as stated in Clause 13.7 above. I/We agree that it shall be lawful for the Bank at anytime after the collection date, without notice to me/us and without obtaining my/our consent or concurrence, to sell the physical gold in such manner and upon such terms and conditions as the Bank shall deem fit and the proceeds of such sale, after deducting the charges for the sale of physical gold shall be credited into the Designated Affiliate Account. The Bank shall not be responsible for any loss, if any, in the sale of the physical gold or for any loss or depreciation in value of the physical gold arising from or through any cause whatsoever including but not limited to the fluctuation of the price of gold and/or the fluctuation of the currency exchange rate. I/We expressly and irrevocably agree that the judgment and discretion of the Bank in respect of the timing, price and terms of sale of the physical gold shall be final, binding and conclusive and shall not be questioned by me/us on any account whatsoever I/We hereby agree that the value of the physical gold will be based on the gold weight. Accordingly, I/we agree to accept the physical gold delivered even in the case where the physical gold delivered is
5 defective or defaced in anyway but which does not amount to a loss in value of the physical gold based on its weight. Please do not hesitate to call our customer care hotline at or us at callcentre@cimb.com should you have any queries. Thank you. The Management CIMB Bank Berhad
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