宏鑫貴金屬精煉有限公司為新時代集團控股有限公司(香港聯交所股份代號:0166)之附屬公司,於2021年成立,為一家專注於貴金屬精煉業務的企業。本公司致力為客戶提供高品質的貴金屬產品,以及專業可靠的服務。
憑藉持續投資於先進技術及營運實力,宏鑫貴金屬精煉有限公司提供一體化服務範疇,包括貴金屬精煉、金銀貿易平臺服務及化驗服務。在專業而經驗豐富的管理團隊支持下,本公司秉持卓越、誠信及信譽至上的經營理念,並致力成為貴金屬行業中最值得信賴的品牌之一。
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個人資料收集聲明
本帳戶申請書上的資料均屬真實、完整及準確,客戶同意通知宏鑫貴金屬精煉有限公司(「宏鑫」)有關任何資料的更改。除非宏鑫收到任何資料更改的書面通知,宏鑫可完全依靠這些資料及陳述作任何有關用途。客戶授權宏鑫可以在任何時間聯絡任何人,包括客戶的銀行、經紀等或任何信貸機構,藉以確定及查證本賬戶申請書上的資料,附上的宏鑫私隱保障政策乃宏鑫客戶協議(「客戶協議」)的一部份。本人/吾等,下述簽署客戶,已閱讀及明白附上的宏鑫私隱保障政策的條款。
本人/吾等,下述簽署客戶,已閱讀及明白附上的客戶協議,而本文件乃該協議書的一部分。本人/吾等現申請以上類別的賬戶,並同意受可不時予以修改的客戶協議書(僅此申明本人/吾等已收妥其副本),包括其標準條款及細則及有關的附表所約束。本人/吾等確認宏鑫已按照本人/吾等所選擇的語言(中文或英文)提供附於本文件的風險披露聲明。本人/吾等已被邀請閱讀風險披露聲明,提出問題及徵求獨立的意見(如本人/吾等有此意願)。
條款及細則
These Rules should read together with and are subject to the terms and conditions of the Customer Agreement.
Sales and Purchases of Precious Metals and Related Transactions by the Customer
The Customer may enter into Transactions with the Company for the sale and purchase of Precious Metals and Related Transactions. Each Transaction is subject to the terms and conditions set out in the Customer Agreement and in the confirmations relating to such Transaction
Notwithstanding that the Customer has satisfied the Customer’s obligations under the Customer Agreement, the Company at its sole discretion may decide to accept or reject instructions given by the customer in respect of Transactions and is not obliged to enter into any Transaction.
All Prices, Exchange and Interest Rates, Premiums or Discounts are provided for reference or information purposes only, unless the Company makes it explicitly clear to the Customer at the time that any prices, rates or Premiums/Discounts quoted by the Company to the Customer are actual Dealing Prices, Exchange or Interest Rates, or Premiums/Discounts at which the Company is prepared to enter into Transaction(s). The Company is not under any obligations whatsoever to enter into Transaction(s) at such prices, rates or premium/discounts.
The Customer may give instructions to the Company in respect of Transactions as may be specified by the Company subject to the execution of the relevant documents. The Company will not consider these instructions to have been received by the Company unless the Customer provides them in a manner satisfactory to the Company and further that the Company confirms receipt of such instructions.
Any instruction by the Customer in respect of a Transaction once given is irrevocable unless the Company has provided prior written consent to the contrary. The Company is entitled to rely on its belief in good faith that any such instruction, given by whatsoever means, emanates from the Customer, whether or not such instruction is given personally or authorized by the Customer and notwithstanding any error or misunderstanding or lack of clarity in the terms of any such instructions. The Customer agrees to be bound by all instructions which the Company believes in good faith to have been given or authorized by the Customer and shall indemnify the Company for all Indebtedness, liabilities, obligations, losses, damages, penalties, actions, suits, judgments, costs, charges and expenses arising from or in connection with any Transactions or action taken by the Company or its correspondents and agents in accordance with or pursuant to any such instructions. The benefit of this indemnity is held by the Company for itself and on behalf of its correspondents and agents.
The Company shall within one Business Day following completion of a Transaction send by mail and/or by:
The Customer may appoint Authorized Persons to act on its behalf and authorizes and instructs the Company to act on the instructions given by the Customer or by the Authorized Persons with respect to sale and purchase transactions. The Customer will give, and ensure that the Authorized Persons give, clear instructions to the Company when conducting such sale and purchase transactions, and these instructions must be clearly distinguished from requests for indicative prices or rates.
Transactions and Settlement
Unless otherwise specified by the Company, the Customer may enter into Transactions with the Company on a spot basis only.
The Company may agree with the Customer to enter into any Transaction on a physical delivery basis. In that case, the Company and the Customer will agree on the terms of the Transaction including, but without limitation, the quantity, quality and form of the Precious Metal to be delivered, its price, and the date, place and method of delivery.
Except as provided in Clause 8.b, actual delivery of Precious Metal pursuant to a Transaction may not be required. The Customer shall instruct by 13:00 [Hong Kong] time on the Business Day immediately prior to the Value Date of each Transaction, that it will either
Settle the transaction by corresponding payments of money and precious metals to Close Out that Transaction; or
Roll-over that Transaction [by replacing the matured obligations under that Transaction by new obligations on such terms as the customer and the Company shall agree]; or
Settle the transaction into underlying accounts in precious metals and currencies held by the customer with the Company.
In the absence of any instructions from the customer, the Company may at its sole discretion:
Close Out the relevant Transaction or roll-over the relevant Transaction on such terms as the Company may prescribe and credit or debit the respective Account Balances accordingly
Deem the Customer to have effected a Close-out Transaction in respect of the relevant Transaction immediately prior to the Value Date of that Transaction, or
Handle the relevant Transaction in any such manner, as the Company, at its sole discretion, Considers appropriate.
On the Value Date of a Close Out Transaction, the profits or losses thereby realized shall be credited to or debited from the relevant Account Balance. The Closed Out Transaction(s) shall thereupon be regarded as closed positions for the purposes of this Agreement.
The Company will within one Business Day following the Close Out, roll-over or offsetting of any Transaction, send a written confirmation of the Close Out Transaction or roll-over Transaction to the Customer by mail, facsimile, e-mail or other mutually acceptable electronic means.
Payments by Customer
All payments due to be made by the Customer under or pursuant to the Customer Agreement and these Rules shall be made in immediately available funds at the agreed time and date and no payment will be recorded as a credit to the customer’s account until the Company has received the funds with good value in its bank account.
All payment to be made by the Customer under or pursuant to the Customer Agreement and these Rules shall be made in full, without any set-off, deduction or withholding whatsoever. If by law the Customer is unable to make any payment without a deduction or withholding being made, it shall forthwith pay to the Company such additional amount so that the net amount received and retained by the Company will equal the full amount of funds, which the Company expected to receive had no such deduction or withholding been made.
No payment to the Company under the Customer Agreement and these Rules pursuant to any judgement or order of any court or otherwise shall operate to discharge the obligations of the Customer under this Agreement unless and until payment in full has been received by the Company in the currency in which such payment was due, this is referred to in this agreement as the “currency of obligation”. If the amount of the currency of obligation fall shorts of the amount expected to be received by the Company due to the Exchange Rate conversion, the Company shall have a separate and additional course of action against the Customer for the recovery of such sums equal to the amount of the shortfall.
Without prejudice and in additional to all the other rights of the Company and obligations and liabilities of the Customer under this Agreement, all Transactions the Company may from time to time agree to enter into transaction with the Customer shall be settled upon request at anytime by the Company.
Without prejudice to the Company’s right of requesting the Customer to settle any Transactions forthwith, prior to any dealings in the Precious Metals, the Customer shall deposit with the Company such sum of money and/or provide the Company with such security by way of Initial Down Payment and/or executing such Security Document as may be determined and required by the Company.
Without prejudice to any of the Company’s rights under this Agreement, the Company shall be entitled at anytime to call for additional further Down Payments and/or provision of security:-
Fees and Charges
The Customer shall pay to the Company a commission at such rate or rates of the Precious Metal transacted as the Company shall from time to time charge.
The Customer shall pay to the Company a daily custodian fee at such rate of rates as the Company may from time to time charge of the Precious Metal outstanding in the Customer’s account with the Company at the close of business of that day.
The Company shall pay or receive a daily carrying charge and/or premium at such rate or rates as the Exchange or the Clearing House as the Company determines of the Precious Metal outstanding in the Customer’s account with the Company at the close of business for the day. Such carrying charge or premium payable to or receivable by the Customer may be quoted in a fix sum or as a certain percent per day or per annum calculated on the closing price of the Precious Metal times the amount of the outstanding position of the Precious Metal.
Password
The Company may allocate a password to the Customer or if applicable to each Authorized Person for identification purposes to be used in the course of business between the two parties for certain activities such as but not limited to the Customer using the AC platform.
The Customer or the relevant Authorized Person(s) may change the password at any time but any change shall be effective only once it has been received and accepted by the Company.
The Customer and each Authorized Person shall act in good faith, exercise reasonable care and diligence in keeping the password in secrecy. At no time and under no circumstances shall the Customer or any Authorized Person(s) disclose the password to any other person(s).
The Customer irrevocably accepts that it is fully responsible for any accidental or unauthorized disclosure of the Customer’s password to any other person(s) or any Authorized Person(s) and fully bears the risks of any password being used by any unauthorized person(s) or for unauthorized purposes.
Upon notice or suspicion of any password being disclosed to or obtained by any unauthorized person(s) or any unauthorized instructions being given, the Customer shall notify the Company in person as soon as practicable or by telephone at such telephone number(s) as the Company may from time to time prescribe and the Company may ask the Customer to confirm in writing any details given. Upon receiving such notice, the Company will suspend its services and no further instructions will be accepted until the Company has designated a new password to the Customer or the relevant Authorized Person(s). The Customer or the relevant Authorized Person will follow such procedures and complete such forms as the Company may prescribe for such purpose.
Provided that the Customer and the Authorized Person have complied with Clauses 11.c and 11.e, the Customer shall not be liable for any Transactions concluded after the Company has actually received the notice referred to in Clause 11.e. However, the Customer shall remain liable for all Transactions whether or not authorized by the Customer prior to the Company’s actual receipt of such notice.
社會責任