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Terms and Conditions of Use:
The terms and conditions below are legally binding to you as a user of the Scrap Gold Brokers service and the Scrap Gold Brokers web site.
Requirements for use:
You must be (and by requesting receiving or using a Scrap Gold Brokers Gold pack or any other Scrap Gold Brokers materials and sending Scrap Gold Brokers any gold, silver, platinum, diamonds or any other items whether using a refiner's pack or other packaging or otherwise conducting business with Scrap Gold Brokers you verify that you are):
- a.) At least 18 years of age
- b.) The legal and actual owner of any items submitted to Scrap Gold Brokers for evaluation or specifically authorized, through a signed note, to sell these items.
- c.) Unless otherwise specified, you are acting as your own agent, and not in behalf of anyone else and
- d.) Intend and agree to be legally bound by these terms and conditions
Scrap Gold Brokers has the right to request documented proof or other means of proof of compliance concerning any of the above mentioned items. By shipping your goods to Scrap Gold Brokers, you are complying with these terms and agreements.
Payment and Return
Once we have processed your scrap items, we will notify you by email that our settlement payment for your scrap items is available for you to review by logging on to your customer account found on our website. We require that you accept or decline the settlement amount within 24 hours after our initial settlement notification by replying to that email. This time limitation cannot be waived for any reason. Scrap Gold Brokers does not provide written or verbal offers in advance of issuing a check.
If you have not responded to the settlement notification email within the time frame specified, then you will be deemed to have accepted the settlement, and we will issue payment of your settlement to your according to the method you initially selected on our website or on the document tracking card you sent back with your scrap items.
Upon your acceptance of the settlement (either affirmatively, or by failing to decline or accept the settlement within the time frame set forth above), we will send your settlement to you by the end of the next business day after we receive your scrap items in accordance with the method of payment you selected for your settlement. If you decline the Settlement offer via email within the time frame specified, then we will ship your scrap items to the address you provided us within three business days via the shipping method of our choice.
Limitations of Liability
- (1) Scrap Gold Brokers will have no liability for any Item while in transit or otherwise in the possession or custody of any party other than Scrap Gold Brokers without limitation, including any common carrier, customs authority or postal or delivery service. You bear the risk of loss unless Scrap Gold Brokers acknowledges receipt and verification of your item(s) even if you send Items in Scrap Gold Brokers Refiner's pack or other material: provided by Scrap Gold Brokers.
- (2) Scrap Gold Brokers shall not be responsible for any subrogation claim brought by the customer's insurance carrier and by submitting items to Scrap Gold Brokers; the 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.
- (3) Scrap Gold Brokers' liability is and shall be expressly and specifically limited to the LEAST of the following sums:
- a. The liquidation value places on the total contents by Scrap Gold Brokers in Scrap Gold Brokers' sole discretion.
- b. One-third (1/3) of the appraised value of the contents according to an appraisal submitted by a customer/seller to Scrap Gold Brokers, which appraisal was issued prior to the shipment of the item to Scrap Gold Brokers and
- c. The sum of one hundred ($100.00) dollars
The customer/seller expressly acknowledges and agrees that if there is no appraisal which was issued prior to the contents being submitted to Scrap Gold Brokers, Scrap Gold Brokers liquidated value shall be conclusive and binding and further, that in no event shall Scrap Gold Brokers liability exceed one hundred ($100) dollars.
Scrap Gold Brokers 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 items, customer explicitly and expressly accepts this limitation of liability. If you believe your gold jewelry or other property is worth more than $100.00, we recommend that you insure your shipment for more at your own expense using any carrier you choose. We also strongly advise that you list the contents of your refiner's gold pack, in the enclosed white customer inventory sheet, which you should return to us.
Return insurance liability limitation If an item is returned to a customer, Scrap Gold Brokers will insure the item for no more than the amount offered by Scrap Gold Brokers regardless of what it was insured for when mailed by the customer to Scrap Gold Brokers, unless Scrap Gold Brokers is otherwise notified by e-mail or fax by the customer prior to the return shipment and the customer agrees to pay for any extra insurance requested. Scrap Gold Brokers shall, in its sole discretion, choose the return carrier, insurance, and receipt verification method for each transaction.
Choice of law The agreement shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. Scrap Gold Brokers' 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 the 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 the 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 offered by Scrap Gold Brokers 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 Utah. Scrap Gold Brokers 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 the State of Utah, including but not limited to, attorney's fees incurred by Scrap Gold Brokers.
Claims A customer who wishes to submit a claim to Scrap Gold Brokers must NOTIFY THE COMPANY IMMEDIATELY TO REQUEST A CLAIM FORM. In order to be processed, the claim form must be fully and accurately completed, signed and mailed to Scrap Gold Brokers 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 WITH PROOF THAT THE GOODS WERE MAILED TO SCRAP GOLD BROKERS will result in the denial of the claim by Scrap Gold Brokers. There is a 30 day waiting period from the time the claim form is received by Scrap Gold Brokers and the claim is processed.
