Terms And Conditions
The terms and conditions contained herein shall be binding on each and every customer of Silver and Gold Exchange LLC. and shall inure to the benefit of Silver and Gold Exchange LLC. and Silver and Gold Exchange LLC. successors and assigns.
Requirements for Use: Every customer must be at least eighteen (18) years of age in order to conduct business with Silver and Gold Exchange LLC. In addition, every customer of Silver and Gold Exchange LLC. must be the actual owner of any and all property sold or attempted to be sold to Silver and Gold Exchange LLC., and every customer must be acting on his or her own behalf and not as the agent or representative of another person. Silver and Gold Exchange LLC. may, but shall not be obligated or required to, request documentation or other proof of compliance with the requirements contained in this paragraph.
Non-Authentic Merchandise Policy: Silver and Gold Exchange LLC does NOT accept silver plated, gold plated or gold filled items. Items made of any other materials that are considered imitation silver or gold, or are base metals, pewter, steel, iron or any materials not listed on the price chart are not accepted.
Any items that are comprised of materials not listed on the price chart are considered by Silver and Gold Exchange LLC to have zero value. If a package containing solely non-gold or silver items is received, the customer will be given two options: 1) Authorize Silver and Gold Exchange to dispose of the items and reimburse the testing facility for shipping costs, or 2) Request return of such items in which case the customer shall reimburse Silver and Gold Exchange LLC for any shipping charges incurred in both receiving and returning items as well as a $10.00 handling and packing fee. Reimbursement must be done and checks must be cleared before items will be returned. All items retained for more than fourteen days without receipt of above fees will be discarded and the customer will be liable for all shipping and disposal costs..
Guaranty Against Loss: Silver and Gold Exchange LLC. contracts with an independent, third party testing laboratory, Metal Valuations LLC who will guaranty against loss of the total contents properly shipped to Metal Valuations LLC (MV LLC TESTING CENTER) in accordance with the instructions and procedures established by Silver and Gold Exchange LLC. and/or Metal Valuations LLC and subject to the terms and conditions displayed at www.silverandgoldexchange.com. It is the responsibility of the sender to ensure that merchandise is properly and securely packed, in a padded envelope or box with adequate packing materials. Letter envelopes or any packaging that is not padded is not acceptable and will not be covered by insurance and sender will assume all risk if items are shipped improperly. Metal Valuations LLC. 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. Metal Valuations LLC. shall have no liability to any customer for any such attempted delivery or return of any such items.
Waiting Period for a Claim: A customer who wishes to submit a claim to Metal Valuations LLC. must wait at least sixty (60) days before submitting a claim form. In order to be processed, the claim form must be fully and accurately completed, signed and mailed to Metal Valuations LLC. in accordance with the claim form instructions. The customer must submit any and all supporting documentation with the completed and signed claim form. Failure to properly complete, sign and/or mail the claim form will result in the denial of the claim by Metal Valuations LLC.
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 Silver and Gold Exchange LLC or Metal Valuations LLC.
In no event shall Silver and Gold Exchange LLC or Metal Valuations LLC be liable to any third party, including any insurance carrier. Silver and Gold Exchange LLC and Metal Valuations LLC shall not be liable for any subrogation claim brought by customer’s insurance carrier, and, by submitting an item to Silver and Gold Exchange LLC for delivery to Metal Valuations LLC 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. Silver and Gold Exchange LLC and Metal Valuations LLCs 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 Metal Valuations LLC. in Metal Valuations LLC. sole discretion; 2. The appraised value of the contents according to an appraisal submitted by a customer/seller to Silver and Gold Exchange LLC., which appraisal was issued prior to the shipment of the item to Metal Valuations LLC. or the amount of shipping insurance assigned to the package, whichever amount is less. All claims are subject to the rules and regulations of InsureShip, Navigators Insurance Company, Navigators Specialty Insurance Company and Lloyds of London.
The customer/seller expressly acknowledges and agrees that if there is no appraisal which was issued prior to the contents being submitted to Metal Valuations LLC., Metal Valuations LLC. liquidated value shall be conclusive and binding.
Silver and Gold Exchange LLC and Metal Valuations LLC 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: Silver and Gold Exchange LLC. may provide a telephone or e-mail quote for items after such items have arrived at Metal Valuations LLC. testing facility. Verbal offers may, at the discretion of Silver and Gold Exchange LLC., be recorded. Upon a verbal acceptance by the customer of the telephone or e-mail quote, payment will be issued by Silver and Gold Exchange LLC. within twenty four (24) business hours of such acceptance.
Silver and Gold Chart Disclaimer of Liability: Silver and Gold Exchange LLC. shall not be responsible for the contents of the silver and gold chart data appearing on its website. These charts are prepared and provided by third parties other than Silver and Gold Exchange LLC., and Silver and Gold Exchange LLC. includes such charts only for general information to its customers, and Silver and Gold Exchange LLC. shall not be liable to anyone who relies on the information contained therein.
Return Insurance Liabilities: Customers offering merchandise for sale to Silver and Gold Exchange LLC. understand and expressly accept and agree that they will be offered the fair market wholesale value for such items. If an item is returned to a customer, Metal Valuations LLC. will insure the item for no more than twice the amount offered by Silver and Gold Exchange LLC. regardless of what it was insured for when mailed by the customer to Metal Valuations LLC. unless Silver and Gold Exchange LLC. is otherwise notified by e-mail or written notice by the customer prior to the return shipment. Metal Valuations LLC. shall, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction.
Choice of Law, Waiver, and Claims: This Agreement shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. Silver and Gold Exchange LLCs or Metal Valuations LLCs failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any such claim or cause of action must be filed in the State of Nevada. Silver and Gold Exchange LLC. or Metal Valuations LLC shall be entitled to reimbursement for any and all costs incurred by it in defending any civil action filed or attempted to be filed in any jurisdiction outside of the State of Nevada, including but not limited to, attorney’s fees incurred by Silver and Gold Exchange LLC or Metal Valuations LLC.
