SOOS GmbH, Handelskai 94, Stiege 4, OG.5, 1200 Vienna, Austria / FN 371831k Commercial Court of Vienna / Tel. +43 1 33 050 33

General Terms and Conditions (GTC) of SOOS GmbH for the Storage of Precious Metals (Gold, Silver, Platinum and Palladium)

Version: 01.04.2026

SOOS GmbH, based in Vienna, is an independent, bank-free storage company dedicated exclusively to precious metals and part of the internationally active GVS Group (Goldvorsorge), a leading provider of international precious metal storage. Storage locations currently include Austria, Germany, Switzerland, Hungary, Croatia, the United Arab Emirates (Dubai), Singapore, Estonia, Canada, the USA and the Cayman Islands. The services of SOOS GmbH are offered worldwide, mostly through GVS branches. A list of all international GVS branches is available at www.goldvorsorge.at (hereinafter the “GVS website”).

Your benefits at a glance:

Our storage solutions for precious metals are deliberately designed to be customer-friendly. The most important benefits for you, such as special protection, transparency and flexibility, are highlighted in colour in these GTC.

1 Conclusion and Term of Contract

(1) All contracts and other legal transactions between SOOS GmbH and the customer are concluded exclusively by express or implied acceptance by SOOS GmbH. Unless otherwise agreed, the storage contract runs for an indefinite period. The contract can be concluded either in person at a GVS branch or at a distance.

(2) The identity of the customer and, where applicable, of authorised persons is verified in accordance with legal requirements.

(3) Claims under the storage contract may only be assigned with the prior consent of SOOS GmbH. This ensures that the stored precious metals remain clearly allocated to the respective holder of the claim.

(4) SOOS GmbH provides its services to both consumers and businesses. For consumers, the mandatory provisions of the Austrian Consumer Protection Act (KSchG) apply; these GTC do not restrict any mandatory consumer protection rights.

2 Communication and Contract Data

(1) Notices, notifications and legally relevant declarations within the business relationship are sent to the e-mail address or postal address most recently provided by the customer. The customer shall ensure that e-mails are retrieved regularly and that contact details are kept up to date. Written notices are deemed received as soon as they have reached the customer’s sphere of control and, under normal circumstances, can be expected to be noticed; a notice sent by e-mail is deemed received no later than on the second working day after dispatch, unless there are indications of a delivery failure.

(2) If the customer uses the password-protected customer account provided on the GVS website, messages sent to SOOS GmbH via this customer account are deemed to be written declarations of intent made by the customer and to be sufficiently authenticated. The customer must keep his access data secret. For additional security, he can activate two-factor authentication in the customer account, which is expressly recommended. If unauthorised use is suspected, he must inform SOOS GmbH without delay.

3 Written Form and Contract Amendments

(1) All amendments or additions to the storage contract, in particular those relating to the stored holdings, powers of attorney, fees, customer data or other contractual arrangements, must be made in writing; transmission by e-mail, via the customer account on the GVS website or in other durable electronic formats satisfies the written form requirement, unless mandatory law provides otherwise.

(2) Every confirmed amendment is documented and updated in the storage contract in a traceable manner. For reasons of discretion, no receipts containing customer data are issued after deposits or withdrawals. The customer may request a current storage contract at any time. Oral or tacit amendments are excluded.

4 Duty to Cooperate

(1) Within the scope of international business relationships, SOOS GmbH is subject to the respective national laws, regulatory requirements and internal guidelines. Upon request, the customer is obliged to submit, completely and in good time, all documents and declarations required to comply with these regulations.

(2) SOOS GmbH is entitled to suspend or refuse performance until the requested documents have been submitted in full and successfully verified.

5 Deposit

(1) Only standardised, commercially customary investment products made of gold, silver, platinum and palladium in the form of bars and coins are accepted for storage, provided they meet the organisational and technical requirements of the SOOS GmbH storage system. The customer may bring precious metals and commercially customary investment products for storage regardless of the dealer or provider from whom he purchased them.

(2) If precious metals are purchased through the GVS Group, they can be deposited directly into the customer’s holdings, provided they were purchased for the same storage location at which they are stored. If precious metals are purchased elsewhere, the provisions of Section 9 apply to their transport.

(3) Items whose authenticity cannot be established beyond doubt are not accepted for storage. They are returned to the customer.

6 Safekeeping

(1) According to its registered corporate purpose, SOOS GmbH is a pure storage company. It stores and manages the deposited precious metals in the GVS high-security storage system, does not trade in precious metals and holds no precious metal stocks of its own. All stored precious metals belong exclusively to the customers. They constitute segregated assets (Sondervermögen) and at no time form part of the assets of SOOS GmbH. The stored precious metals are neither pledged nor used as collateral. The customer may demand the release of the number of items shown in the storage contract at any time. Release takes place in accordance with Section 8.

(2) Coins and bars of the same kind are stored together. Each customer owns the number of items of the respective article shown in the storage contract. Upon release, the customer receives items of the same kind, the same weight and the same manufacturer. Special vintages and special mintings are generally not taken into account separately. Holdings are recorded item by item and regularly checked and audited in accordance with Section 11.

(3) Individual safekeeping is possible by separate agreement; such items are clearly marked and stored and managed separately. Individual safekeeping involves considerably more effort and is therefore generally only economically relevant for items of numismatic value or particular individual value.

(4) At individual storage locations, holdings may be kept with external storage partners. Storage there takes place in the name of SOOS GmbH on behalf of its customers. The storage partners receive no customer data. This does not affect the customer’s rights under paragraphs 1 and 2.

(5) During safekeeping, the customer bears no risk of shortfalls in or damage to the stored holdings. SOOS GmbH covers shortfalls and damage itself or through its insurance in accordance with Section 14. Events of force majeure in accordance with Section 16 are excluded.

(6) There is no liability for value-neutral, superficial changes (e.g. milk spots on silver) during the period of safekeeping.

7 Powers of Attorney

(1) The customer is entitled to authorise third parties to dispose of the items held in safekeeping under this storage contract. Unless expressly agreed otherwise, the power of attorney includes in particular the right to make deposits, withdrawals and sales of the items held in safekeeping to third parties. Such a power of attorney does not entitle the holder to terminate, amend or supplement this contract or to grant sub-powers of attorney.

(2) SOOS GmbH is entitled to refuse to recognise an authorised representative if, by objective standards, there are justified doubts as to his identity, legal capacity or power of representation.

(3) The customer may revoke a power of attorney in writing at any time. The revocation takes effect upon receipt of the written notice by SOOS GmbH in accordance with Section 2 of these GTC. SOOS GmbH processes revocations without delay in the ordinary course of business and, upon request, confirms the deactivation of the power of attorney to the customer in writing.

(4) SOOS GmbH is entitled to rely on the validity of an existing power of attorney as long as it is not aware of any revocation, restriction or the death of the principal.

(5) The customer may grant a special power of attorney that remains valid after his death. In this case, SOOS GmbH is not obliged to verify whether the power of attorney continues to exist following the death of the principal.

8 Release, Withdrawal

(1) To ensure a proper procedure and the performance of all necessary checks, a prior appointment with SOOS GmbH is required for every release, withdrawal or relocation of stored items. Commercially customary quantities can be withdrawn by appointment during regular opening hours at the branch assigned to the storage location. Commercially customary quantities can usually be released at short notice, often on the same day. In individual cases, a lead time of a few working days may be required. For larger or special quantities, separate coordination is required for security reasons.

(2) SOOS GmbH is entitled to verify the customer’s identity and authorisation and to request the submission of necessary documents before any withdrawal or release. In the event of outstanding claims, pending verification or security concerns, it is entitled to refuse release. Upon handover, the customer checks the released precious metals for number of items and condition and confirms receipt.

(3) As a pure storage company, SOOS GmbH does not purchase precious metals. A sale directly to the GVS Group is possible at any time, without collection and without transport costs for the customer. The customer is equally free to sell to other dealers.

9 Relocation and Transport

(1) A change of storage location or transfer of the stored items is possible at the customer’s request. The customer is responsible for organising the transport. Accordingly, all costs and risks arising in this connection are borne by the customer from the time of handover to the transport service provider. SOOS GmbH accepts no liability whatsoever for damage occurring after the precious metals have been handed over to the transport service provider.

(2) The customer is strongly advised to commission specialised security transport companies for the transport and to take out appropriate valuables insurance. At the customer’s request, SOOS GmbH can arrange for the organisation of an insured transport by a specialised security transport company. All costs for transport, insurance and other expenses associated with the withdrawal and transport are borne by the customer. Depending on the storage location and country of destination, taxes, customs duties or other levies may arise upon withdrawal or change of storage location, in particular value added tax on silver, platinum and palladium. These are borne by the customer.

(3) In cases of force majeure in accordance with Section 16 that significantly impair regular business operations, access to the storage location or the execution of releases, SOOS GmbH is entitled to temporarily suspend or postpone releases, withdrawals or relocations. In such a case, SOOS GmbH will inform the customer without delay about the situation and the further procedure.

10 Termination

(1) The customer may terminate the storage contract in writing at any time without giving reasons. Termination takes effect at the end of the calendar month, provided that all stored items have been fully collected, sold to a third party or transferred to another storage facility before the end of the contract.

(2) SOOS GmbH may terminate the contract with three months’ notice to the end of a month. Storage fees already paid are settled up to the end of the calendar month in which the contract ends. Each calendar month begun counts as a full month. Storage fees paid in advance for full calendar months after the end of the contract are refunded to the customer.

(3) After the end of the contract, the obligation to pay storage fees continues until the stored items have been fully collected, sold to a third party or transferred by the customer. The items are released in accordance with Section 8 Release, Withdrawal.

11 Inventory Checks, Reports and Access Rules

(1) With every change in holdings, in particular upon deposit, withdrawal, handover, transport or any other movement of holdings, the bars and coins concerned are physically checked, counted, documented and reconciled with the inventory records. Every newly received item undergoes an authenticity check before final storage.

(2) An internal storage audit report is prepared and published for each month. In it, the recorded and updated physical precious metal holdings of all countries are reconciled, as at the monthly reference date, by precious metal and by fine weight with the total of the customers’ storage contract holdings.

(3) The internal control system is supplemented by audits carried out by economically and personally independent external auditors. Using a documented, risk-based procedure, they physically check selected precious metal holdings and storage places on a sample basis and reconcile them with the internal audit documentation. Scope, selection and results are documented and published in a separate external audit report.

(4) The precious metal holdings shown in the storage contracts are fully physically stored. The quarterly inventory takes place at the end of February, May, August and November. In this process, all physical precious metal holdings at all storage locations are fully physically counted. This also includes holdings with external storage partners. The result is published in the internal storage audit report for the respective inventory month and in the country reports.

(5) The customer may request an individual notarial confirmation for his own storage contract as at an inventory reference date. The application is not subject to a deadline and may also be submitted after the respective inventory reference date. The fine weights as at the respective inventory reference date are always decisive. Changes in holdings after this reference date are not covered by the confirmation. For each inventory reference date, a quarterly statement listing all storage contract numbers and the associated fine weights per type of precious metal is handed over to the notary. It is signed by the management, notarially certified and deposited with the notary. The notary compares the storage contract number and fine weights provided by the customer with this quarterly statement and documents the result in a publicly certified deed. The confirmation relates exclusively to this comparison. The fee is stated in the application for an individual notarial confirmation and is borne by the customer.

(6) Access to the storage areas and vaults is reserved exclusively for authorised employees and agents of SOOS GmbH and, where applicable, commissioned auditors. These access rules serve the security, discretion and protection of all customer holdings.

(7) Paragraphs 1 to 5 do not apply to individual safekeeping in accordance with Section 6 (3).

12 Fees and Remuneration

(1) The storage fee is payable annually in advance and includes insurance costs. The storage fee becomes due upon the first deposit and is charged in advance for 12 months in each case. The basis for calculating the storage fees is set out for each storage location offered in the applicable information sheet. The information sheets with the applicable fee structure can be viewed at any time on the GVS website or requested at the GVS branches.

(2) The following parameters determine the amount of the fees: type of safekeeping, storage location, type of precious metal and value of the stored items. For individual safekeeping, the fee is determined individually.

(3) SOOS GmbH informs its customers in good time about upcoming due dates for storage fees and endeavours, in the event of payment delays, to find a practical solution together with the customer in individual cases.

(4) If the due storage fee is not paid despite corresponding notice, SOOS GmbH is entitled to charge default interest up to the legally permissible amount. To secure all claims under the storage contract, SOOS GmbH is entitled to withhold the release of individual or all stored items until the outstanding storage fees and costs have been paid in full. If the storage fee remains unpaid despite a reminder, SOOS GmbH may realise stored precious metals to the extent necessary. The realisation will be announced in advance and will take place no earlier than one month thereafter.

(5) Before exercising these rights, SOOS GmbH takes the circumstances of the individual case into account as far as possible and will, where possible, contact the customer once more to explore an amicable solution (e.g. modified payment terms).

13 Adjustment of Fees and General Terms and Conditions

(1) Fee adjustments may occur if market conditions, insurance costs or legal requirements change significantly. Fee changes are rare and are only made to a reasonable extent. Changes are notified to the customer on a durable medium (in particular by e-mail) at least three months before they take effect and apply from the following billing period. If the storage volume, the value or the number of stored items increases, the resulting additional storage fee is charged pro rata until the end of the current billing period.

(2) Changes to the GTC and the fee structure apply only to the future and are communicated to the customer on a durable medium (in particular by e-mail or post). The customer is entitled to terminate the storage contract in writing until the changes take effect. In this case, the storage fees are settled under the previous conditions until the termination takes effect. If the customer, as a consumer, objects to the changes before they take effect, the contract continues under the previous conditions; in this case, SOOS GmbH is entitled to terminate the storage contract subject to the contractual notice period.

14 Insurance

(1) For the storage of precious metals, SOOS GmbH maintains all-risk insurance covering physical damage to and physical loss of the stored items at the respective current commodity value. The reference is the price of the most recently published LBMA fixing. The insurance generally covers all insurable risks (“all-risk cover”).

(2) Excluded in particular is damage resulting from war and war-like events, government intervention and damage caused by nuclear, radioactive, chemical, biological or comparable hazards. Also excluded is damage resulting from certain cyber events, sanctions and terrorism risks. Price, market price, interest rate, tax or other indirect or consequential losses (including loss of profit) are not covered by the insurance.

(3) SOOS GmbH covers shortfalls in and damage to stored holdings, including through theft, itself or through this insurance. This also applies to damage not insured under paragraph 2, unless force majeure in accordance with Section 16 applies.

15 Liability

(1) SOOS GmbH is liable without limitation for intent, grossly negligent breaches of duty and for claims under mandatory statutory liability provisions. In the case of simple negligence, SOOS GmbH is only liable for damage resulting from the breach of essential contractual obligations, i.e. obligations whose fulfilment makes the proper performance of the contract possible in the first place. This liability is limited to the damage typically foreseeable under the contract. Liability for consequential damage or loss of profit is excluded.

(2) The limitations of liability in this contract do not apply to damage resulting from injury to life, body or health, nor to damage based on intent or gross negligence of SOOS GmbH or its legal representatives.

(3) To the extent that the liability of SOOS GmbH is limited or excluded above, this also applies to the liability of its employees, subcontractors and other agents.

(4) For loss of and damage to stored holdings, the special provisions of Section 6 (5) and Section 14 take precedence.

16 Exclusion of Liability for Force Majeure

(1) There is no liability for damage, shortfalls, impossibility or delay of performance resulting from force majeure. This includes in particular war, terrorism, civil unrest, natural disasters, strikes, official orders or sanctions as well as nuclear or comparable hazards, unless SOOS GmbH caused them intentionally or through gross negligence.

(2) In all other respects, the liability provisions of Section 15 remain unaffected.

17 Data Protection

(1) SOOS GmbH processes the customer’s personal data in accordance with the GDPR and Austrian data protection law for the purpose of establishing, performing and terminating the storage contract and fulfilling legal obligations.

(2) For order processing and contract performance, SOOS GmbH may transfer personal data to other companies of the GVS Group and to external service providers, insofar as this is necessary and they are bound to confidentiality and compliance with data protection regulations. For the purpose of the individual notarial confirmation, a list of the storage contract numbers with the fine weights is handed over to the commissioned notary for each inventory reference date. The storage contract numbers are published in the country reports without names or quantities.

(3) Within the scope of the statutory provisions, the customer has the right of access, rectification, erasure, restriction of processing, data portability, objection to certain processing and the right to lodge a complaint with a data protection supervisory authority.

(4) In all other respects, the data protection information published on the GVS website applies, which supplements the data processing in connection with this storage contract.

18 Place of Jurisdiction and Applicable Law

This contractual relationship is governed exclusively by Austrian substantive law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all legal matters arising from the contractual relationship is Vienna-Leopoldstadt, unless mandatory statutory consumer protection provisions provide otherwise. In the event of discrepancies between the German version and any other language version of these GTC, the German version shall prevail.

 

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