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Terms and Conditions
The terms and conditions below are legally binding on you as a Customer of Continental Gold and Estate Buyers (“CGEB”) and shall inure in the benefit of Continental Gold and Estate Buyers and Continental Gold and Estate Buyers' successors and assigns.
Requirements for Use
You must be (and by sending property to CGEB you represent and warrant that you are) the actual legal owner of any property that is attempted to be sold to CGEB. In attempting to sell your property, you must be acting on your own behalf and not as the representative of another person. CGEB may request proof of compliance with these requirements. By shipping your goods to CGEB, you are agreeing to all terms and conditions set forth herein and those described on our website:cgebuyers.com.
Guaranty Against Loss
CGEB will guaranty against loss of the total contents properly shipped to CGEB in accordance with the instructions and procedures established by CGEB and subject to the terms and conditions herein and as described at continentalgoldandestatebuyers.com. CGEB 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. CGEB shall have no liability.
Limitations of Liability
CGEB'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 CGEB in CGEB'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 CGEB, which appraisal was issued prior to the shipment of the item to CGEB; and,
3. The sum of Three Hundred ($300.00) Dollars.
The customer/seller expressly acknowledges and agrees that if there is no appraisal which was issued prior to the contents begin submitted to CGEB, CGEB's liquidated value shall be conclusive and binding and further, that in no event shall CGEB's Liability exceed Three Hundred ($300.00) Dollars.
CGEB 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 $300.00, 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 SecurePak on the enclosed brochure, which you must return to us.
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 CGEB. In no event shall CGEB be liable for any damages from the loss or destruction of property in its possession for any reason, including negligence, except as stated herein. In no event shall CGEB be liable to any third party, including any insurance carrier. CGEB shall not be liable for any subrogation claim brought by the customer's insurance carrier, and, by submitting an item to CGEB, 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.
Verbal Offers
Any customer or prospective seller may request CGEB to provide a telephone or e-mail quote for his or her items after such items have arrived at CGEB's processing facility. Verbal offers may, at the discretion of CGEB, be recorded. Upon a verbal acceptance by the customer of the telephone or e-mail quote, payment will be issued by CGEB 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.
Return Insurance Liabilities
If an item is returned to a customer, CGEB will insure the item for no more than the amount offered by CGEB regardless of what it was insured for when mailed by the customer to CGEB, unless CGEB 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. CGEB shall, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction.
If a customer ships silver-plated items to CGEB, either in a CGEB SecurePak or in packaging provided by the customer, customer will be liable to pay the insurance and shipping costs for returning the item to the customer, should CGEB refuse to offer to purchase the item or should the customer reject the offer given by CGEB. Customers who have inquiries about silver-plated items should call 1-877-799-9092 to speak to a CGEB sales representative before shipping their property.
Choice of Law, Waiver, and Claims
The Agreement shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. CGEB's 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 CGEB 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 Florida. CGEB 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 Florida, including but not limited to, attorney's fees incurred by CGEB.
Binding Effect
These terms and conditions, including, without limitation, the limitations of liability, will be binding on you and all third parties, including, but not limited to, your successors, assigns, insurance carriers and any other individual or entity asserting any right or claim relating to your transaction with CGEB. In no event will CGEB be liable to any third party, including any insurance carrier. CGEB will not be liable for any subrogation claim brought by your insurance carrier, and, by submitting any property to CGEB, you expressly and specifically waive any such subrogation claim on your behalf as well as on the behalf of your insurance carrier.
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