Common use of Customer’s Acknowledgement Clause in Contracts

Customer’s Acknowledgement. I/We hereby expressly acknowledge and agree to the following as express conditions of this Agreement in relation to any and all of the gold purchased in accordance with this Agreement (or such gold as may be purchased from time to time) under a MGIA and recorded therein as owing and due by the Bank to me/us:- 11.1 The Bank shall not be under any duty and/or liability in any circumstances to appropriate set aside and/or allot any gold for the time being from time to time held by the Bank to me/us and/or any of my/our MGIA and I/we shall have no right and at no time be entitled to demand and/or request such appropriation setting aside and/or allotment, (a) 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 owing and due by the Bank to me/us in a MGIA. Further, the Bank shall be entitled to pool and mingle together any gold held by the Bank for the time being for convenience of safekeeping or otherwise and to deal with and dispose of at the Bank‟s sole and absolute discretion and for the Bank‟s own benefit any part or parts thereof not for the time being appropriated exclusively and specifically to my/our MGIA(s). (b) I/We hereby acknowledge that, the Bank and/or the Bank‟s subsidiary or affiliate shall be entitled to retain all profit, commission, fee, benefit or other advantage from the sale or purchase of gold as provided for or in accordance with in this Agreement (whether specifically in relation to my/our MGIA(s) or otherwise) and the same shall accrue absolutely to the Bank and/or the Bank‟s subsidiary or affiliate (as the case may be). 11.3 The Bank‟s liability under this Agreement for any gold purchased by me/us and recorded as owing and due by the Bank to me/us in a MGIA shall be absolutely and conclusively discharged if you: (a) in accordance with the provisions of this Agreement purchase back from me/us such gold; and (b) pay and/or credit the proceeds thereof to the account of me/us as provided in Clause 16. 11.4 The operation of a MGIA shall be restricted to purchases from and sales to the Bank of gold under or through the MGIA concerned and if I/we wish to close the same, I/we am/are only entitled so to do by selling all the gold therein to the Bank at the purchase price as shall be quoted by the Bank at the time of such sale and receiving the proceeds of sale thereof in Malaysian Ringgit in accordance with the provisions hereof.

Customer’s Acknowledgement. I/We hereby expressly acknowledge and agree to the following as express conditions of this Agreement in relation to any and all of the gold purchased in accordance with this Agreement (or such gold as may be purchased from time to time) under a MGIA and recorded therein as owing and due by the Bank to me/us:- 11.1 The Bank shall not be under any duty and/or liability in any circumstances to appropriate set aside and/or allot any gold for the time being from time to time held by the Bank to me/us and/or any of my/our MGIA and I/we shall have no right and at no time be entitled to demand and/or request such appropriation setting aside and/or allotment, (a) 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 owing and due by the Bank to me/us in a MGIA. Further, the Bank shall be entitled to pool and mingle together any gold held by the Bank for the time being for convenience of safekeeping or otherwise and to deal with and dispose of at the Bank‟s Bank’s sole and absolute discretion and for the Bank‟s Bank’s own benefit any part or parts thereof not for the time being appropriated exclusively and specifically to my/our MGIA(s). (b) I/We hereby acknowledge that, the Bank and/or the Bank‟s Bank’s subsidiary or affiliate shall be entitled to retain all profit, commission, fee, benefit or other advantage from the sale or purchase of gold as provided for or in accordance with in this Agreement (whether specifically in relation to my/our MGIA(s) or otherwise) and the same shall accrue absolutely to the Bank and/or the Bank‟s Bank’s subsidiary or affiliate (as the case may be). 11.3 The Bank‟s Bank’s liability under this Agreement for any gold purchased by me/us and recorded as owing and due by the Bank to me/us in a MGIA shall be absolutely and conclusively discharged if you: (a) in accordance with the provisions of this Agreement purchase back from me/us such gold; and (b) pay and/or credit the proceeds thereof to the account of me/us as provided in Clause 16. 11.4 The operation of a MGIA shall be restricted to purchases from and sales to the Bank of gold under or through the MGIA concerned and if I/we wish to close the same, I/we am/are only entitled so to do by selling all the gold therein to the Bank at the purchase price as shall be quoted by the Bank at the time of such sale and receiving the proceeds of sale thereof in Malaysian Ringgit in accordance with the provisions hereof.

Customer’s Acknowledgement. I/We hereby expressly acknowledge and agree to the following as express conditions of this Agreement in relation to any and all of the gold silver purchased in accordance with this Agreement (or such gold silver as may be purchased from time to time) under a MGIA MSIA and recorded therein as owing and due by the Bank to me/us:- 11.1 The Bank shall not be under any duty and/or liability in any circumstances to appropriate set aside and/or allot any gold silver for the time being from time to time held by the Bank to me/us and/or any of my/our MGIA MSIA and I/we shall have no right and at no time be entitled to demand and/or request such appropriation setting aside and/or allotment, (a) 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 silver for the time being owing and due by the Bank to me/us in a MGIAMSIA. Further, the Bank shall be entitled to pool and mingle together any gold (silver) held by the Bank for the time being for convenience convenient of safekeeping or otherwise and to deal with and dispose of at the Bank‟s bank's sole and absolute discretion and for the Bank‟s Bank's own benefit any part or parts thereof not for the time being appropriated exclusively and specifically to my/our MGIA(sMSIA(s). (b) I/We hereby acknowledge that, the Bank bank and/or the Bank‟s Bank's subsidiary or affiliate shall be entitled to retain all profit, commission, fee, benefit or other advantage from the sale or purchase of gold silver as provided for or in accordance with in this Agreement (whether specifically in relation to my/our MGIA(sMSIA(s) or otherwise) and the same shall accrue absolutely to the Bank and/or the Bank‟s Bank's subsidiary or affiliate (as the case may be). 11.3 The Bank‟s Bank’s liability under this Agreement for any gold silver purchased by me/us and recorded as owing and due by the Bank to me/us in a MGIA MSIA shall be absolutely and conclusively discharged if you: (a) in accordance with the provisions of this Agreement purchase back from me/us such goldsilver; and (b) pay and/or credit the proceeds thereof to the account of me/us as provided in Clause 16. 11.4 The operation of a MGIA MSIA shall be restricted to purchases from and sales to the Bank of gold silver under or through the MGIA MSIA concerned and if I/we wish to close the same, I/we am/are only entitled so to do by selling all the gold silver therein to the Bank at the purchase price as shall be quoted by the Bank at the time of such sale and receiving the proceeds of sale thereof in Malaysian Ringgit in accordance with the provisions hereof.

Customer’s Acknowledgement. I/We hereby expressly acknowledge and agree to the following as express conditions of this Agreement in relation to any and all of the gold purchased in accordance with this Agreement (or such gold as may be purchased from time to time) under a MGIA and recorded therein as owing and due by the Bank to me/us:- 11.1 The Bank shall not be under any duty and/or liability in any circumstances to appropriate set aside and/or allot any gold for the time being from time to time held by the Bank to me/us and/or any of my/our MGIA and I/we shall have no right and at no time be entitled to demand and/or request such appropriation setting aside and/or allotment, (a) 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 owing and due by the Bank to me/us in a MGIA. Further, the Bank shall be entitled to pool and mingle together any gold held by the Bank for the time being for convenience of safekeeping or otherwise and to deal with and dispose of at the Bank‟s sole and absolute Bank’s discretion and for the Bank‟s Bank’s own benefit any part or parts thereof not for the time being appropriated exclusively and specifically to my/our MGIA(s). (b) I/We hereby acknowledge that, the Bank and/or the Bank‟s Bank’s subsidiary or affiliate shall be entitled to retain all profit, commission, fee, benefit or other advantage from the sale or purchase of gold as provided for or in accordance with in this Agreement (whether specifically in relation to my/our MGIA(s) or otherwise) and the same shall accrue absolutely to the Bank and/or the Bank‟s Bank’s subsidiary or affiliate (as the case may be).affiliate 11.3 The Bank‟s Bank’s liability under this Agreement for any gold purchased by me/us and recorded as owing and due by the Bank to me/us in a MGIA shall be absolutely and conclusively discharged if you: (a) in accordance with the provisions of this Agreement purchase back from me/us such gold; and (b) pay and/or credit the proceeds thereof to the my/our account of me/us as provided in Clause 16. 11.4 The operation of a MGIA shall be restricted to purchases from and sales to the Bank of gold under or through the MGIA concerned and if I/we wish to close the same, I/we am/are only entitled so to do by selling all the gold therein to the Bank at the purchase price as shall be quoted by the Bank at the time of such sale and receiving the proceeds of sale thereof in Malaysian Ringgit in accordance with the provisions hereof.Ringgit

Customer’s Acknowledgement. I/We 13.1 I hereby expressly acknowledge and agree to the following as express conditions of this Agreement in relation to any and all of the gold purchased in accordance with this Agreement (or such gold as may be purchased from time to time) under a MGIA and recorded therein as owing and due by the Bank to me/us:-that:- 11.1 13.1.1 The Bank shall not be under any duty and/or liability in any circumstances to appropriate set aside and/or allot deliver (whether in Malaysia or anywhere in the world) any or all of such gold for the time being from time so purchased as aforesaid physically or in specie to time held by the Bank to me/us and/or any of my/our MGIA me and I/we I shall have no right and at no time be entitled to demand and/or request such appropriation delivery. 13.1.2 The Bank shall not be under any duty and/or liability in any circumstances to appropriate, set aside and/or allot any gold for the time being and from time to time held by the Bank to me and/or any of my GIA via CIMB Clicks and I shall have no right and at no time be entitled to demand and/or request such appropriation, setting aside and/or allotment,. (a) 13.1.3 The Bank shall not be deemed howsoever to be bailee and/or trustee of me/us me in relation to any or all of the gold for the time being due and owing and due by the Bank to me/us me in a MGIA. Furtherthe GIA via CIMB Clicks. 13.1.4 In the event that I wish to sell the gold in the GIA via CIMB Clicks, the Bank shall be entitled to pool and mingle together any gold held by the Bank for the time being for convenience of safekeeping or otherwise and to deal with and dispose of at the Bank‟s sole and absolute discretion and for the Bank‟s own benefit any part or parts thereof not for the time being appropriated exclusively and specifically to my/our MGIA(s). (b) I/We hereby acknowledge that, the Bank and/or the Bank‟s subsidiary or affiliate shall be entitled to retain all profit, commission, fee, benefit or other advantage from the sale or purchase of gold as provided for or in accordance with in this Agreement (whether specifically in relation to my/our MGIA(s) or otherwise) and the same shall accrue absolutely to the Bank and/or the Bank‟s subsidiary or affiliate (as the case may be). 11.3 The Bank‟s liability under this Agreement for any gold purchased by me/us and recorded as owing and due by the Bank to me/us in a MGIA shall be absolutely and conclusively be deemed to have discharged if youall its obligations when the Bank: (a) in accordance with purchases the provisions of this Agreement purchase back gold from me/us such gold; and (b) pay pays and/or credit credits the proceeds thereof to of the account of me/us sale as provided for in Clause 1611.1 above. 11.4 13.1.5 The operation of a MGIA the GIA via CIMB Clicks shall be restricted to purchases of gold from the Bank and sales of gold to the Bank of gold under or through the MGIA GIA via CIMB Clicks concerned and if I/we I wish to close the same, I/we am/are I am only entitled so to do so by selling all the gold therein to the Bank at the purchase buying price as shall be quoted by the Bank at the time of such sale and receiving the proceeds of sale thereof in Malaysian Ringgit Malaysia in accordance with the provisions hereof. 13.1.6 The details and particulars completed by me on any such forms prescribed by the Bank to purchase gold from the Bank, to sell gold in the GIA via CIMB Clicks to the Bank and/or the details or particulars recorded in the GIA via CIMB Clicks and/or the Designated Affiliate Account shall be accepted by me 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. 13.1.7 The maximum amount of gold that can be sold by me at any time shall be limited to the actual balance of the gold at the time being held in the GIA via CIMB Clicks and subject to the minimum quantity of gold to be maintained in the GIA via CIMB Clicks as prescribed by the Bank. In the event of the sale of all my gold in the GIA via CIMB Clicks, the GIA via CIMB Clicks shall be closed. 13.1.8 That no gold bullion of any kind shall be delivered to the Bank physically for deposit into my GIA via CIMB Clicks and the Bank shall be entitled to reject such deposit. 13.1.9 Except for the gold in my GIA via CIMB Clicks, the Bank shall not be under any duty to purchase from me and shall be entitled to reject any offer for sale by me of any gold whether of the same fineness or of any other kind. 13.1.10 I shall be responsible for any taxes or levies payable on the GIA via CIMB Clicks or for the gold purchased and/or sold under the GIA via CIMB Clicks. 13.1.11 The Bank shall at any time, at its discretion suspend operation of the GIA via CIMB Clicks without any prior notice and without having to assign any reason whatsoever if the Bank suspects that the GIA via CIMB Clicks is being used for any illegal purposes whatsoever. 13.1.12 I shall ensure compliance at all times with the prevailing provisions under the Notices on Foreign Exchange Administration Rules issued by Bank Negara Malaysia and any other relevant notices issued pursuant to the Financial Services Xxx 0000 and any amendments thereto and any other applicable Malaysian laws and regulations. 13.1.13 I recognize and understand that the GIA via CIMB Clicks is not a principal protected product nor an interest bearing account and is not insured by Perbadanan Insurans Deposit Malaysia. 13.1.14 The Bank shall not be responsible for any delay or omission in carrying out any of my instructions to purchase and/or sell gold.