TERMS & CONDITIONS
Requirements For Use
Every customer must be at least eighteen (18) years
of age in order to conduct business with 123GoldBuyer. In addition,
every customer of 123GoldBuyer must be the actual owner of
any and all property sold or attempted to be sold to Broken Gold™,
and every customer must be acting on his or her own behalf and
not as the agent or representative of another person. 123GoldBuyer
may, but shall not be obligated or required to, request documentation
or other proof of compliance with the requirements contained
in this paragraph. Guarantee Against Loss
123GoldBuyer will guarantee against loss of the total contents
properly shipped to 123GoldBuyer in a 123GoldBuyer Kit in
accordance with the instructions and procedures established by
123GoldBuyer and subject to the terms and conditions displayed
at BrokenGold.com. If the total value of your items is greater
than $100, we recommend that you insure your package. If you
choose to do this, 123GoldBuyer will reimburse you the cost
of the insurance.
123GoldBuyers liability will be limited to one-third (1/3)
of the value of the total content, or Eighty ($80.00) Dollars,
whichever is less. If there is no original sales slip or appraisal,
123GoldBuyers liability will be limited to Twenty ($20.00)
Dollars. If there is an original sales slip or appraisal, 123GoldBuyers liability will be limited to Eighty ($80.00) Dollars
as set forth herein above.
This Guarantee shall apply only to merchandise shipped in the
Tyvek packaging supplied by 123GoldBuyer.
123GoldBuyer reserves the right, in its sole discretion, to
reject delivery of any mail, envelope or package which appears
to be damaged, opened, or tampered with and any such mail, envelope
or package will be returned by the post office to the customer.
123GoldBuyer shall have no liability to any customer for any
such attempted delivery or return of any such items.
Limitation Of Liability
This limitation of liability shall be binding on each
and every customer and any third party, including, but not limited
to, the customer and the customer’s successors, assigns,
insurance carriers and any other individual or entity asserting
any right or claim relating to customer’s transaction with
123GoldBuyer. In no event shall 123GoldBuyer be liable
to any third party, including any insurance carrier. 123GoldBuyer
shall not be liable for any subrogation claim brought by customer’s
insurance carrier, and, by submitting an item to 123GoldBuyer,
customer expressly and specifically waives any such subrogation
claim on his or her behalf as well as on the behalf of his or
her insurance carrier.
123GoldBuyer's liability is and shall be expressly and specifically
limited to the LEAST of the following sums:
1. The liquidation value placed on the total contents by 123GoldBuyer in 123GoldBuyer's sole discretion;
2. One third (1/3) of the appraised value of the contents according
to an appraisal submitted by a customer/seller to 123GoldBuyer,
which appraisal was issued prior to the shipment of the item
to 123GoldBuyer; and,
3. The sum of Eighty ($80.00) Dollars.
The customer/seller expressly acknowledges and agrees that if there is no appraisal
which was issued prior to the contents being submitted to 123GoldBuyer,
123GoldBuyer's liquidated value shall be conclusive and binding and further,
that in no event shall 123GoldBuyer's Liability exceed Eighty ($80.00)
Dollars.
123GoldBuyer shall not be liable to anyone for any damages,
including but not limited to, incidental, consequential, punitive,
loss of profit or opportunity, other than as set forth herein
above.
By submitting the item, customer explicitly and expressly accepts
this limitation of liability.
Verbal Offers
Any customer or prospective seller may request 123GoldBuyer
to provide a telephone or e-mail quote for his or her items after
such items have arrived at 123GoldBuyer’s processing
facility. Verbal offers may, at the discretion of 123GoldBuyer,
be recorded. Upon a verbal acceptance by the customer of the
telephone or e-mail quote, payment will be issued by 123GoldBuyer
within twenty four (24) hours of such acceptance, and the ten
(10) day customer satisfaction holding period guaranty will no
longer be applicable to such transaction. |