GOLD CASH EXCHANGE CONTRACT TERMS & CONDITIONS The following Terms and Conditions govern each transaction between you and GOLD CASH EXCHANGE (GCE) and are legally binding on you as a user of the GCE Web site and/or as a customer of GCE and inure to the benefit of GCE and its successors and assigns. Requirements for Use You warrant to GCE that you have; a. good and marketable title to the property you send in; and b. full authority to sell and transfer said property; and that c. said property is sold free of all liens, encumbrances, liabilities, and adverse claims of every nature and description whatsoever; and that d. said property is not from, or the result of, illegal activity in this country or any other country; and that e. you are at least nineteen years of age (19) or eighteen years of age (18) for the residents of Alberta, Saskatchewan, Manitoba, Ontario, Quebec and Prince Edward Island; and that f. any transaction initiated by you will not cause GSE to be in violation of any anti-money laundering, anti-terrorism, or other applicable law of Canada, any state or any foreign country; and that g. you are the actual legal owner of any and all property offered to be sold to GCE (GCE may, but shall not be required to, ask you to provide documentation or other proof of such ownership) and you are acting on your own behalf; and that h. you agree not to send in materials containing the following: Arsenic, Beryllium, Bismuth, Cadmium, Mercury, Nickel, Lead, Antimony, Selenium, Tin, Tellurium or any other deleterious elements. GCE may request documentation or other proof of compliance with these requirements. Guaranty Against Loss/Limitation of Liability In the event you properly use our provided mailing kit and the mailing kit is initially scanned (or some other evidence of receipt) by the carrier, your items will be insured against loss for $500. In the event you use your own packaging, you must insure your property with the carrier for its full value and if it is lost or stolen prior to reaching GCE you must make a claim against the carrier. If you wish to insure your shipment for more than $500 you may do so at your own expense. GCE utilizes the services of third party carriers such as the Canada Post for the delivery of our packages. The tracking applications of these third party carriers will be the sole proof that your items were mailed to GCE. GCE reserves the right to reject delivery of any shipment or package which appears to be damaged, opened, or tampered with. GCE will have no liability to you for any such attempted delivery or return of any such items. If the delivery of your shipment is accepted, GCE 's liability will be limited to the lesser of the following: a. 25% of the certified appraised value of your items if appraised within 90 days. GCE reserves the right to verify the appraisal document with a third party. b. The lesser of the current market liquidation value of your items, or one-half the wholesale value of your items. c. The sum of Five Hundred Dollars ($500.00). You expressly acknowledge and agree that if you do not provide an appraisal for your items which was issued not more than 90 days prior to your claim of loss, GCE’s determination of value shall be conclusive and binding and in any event GCE’s liability will be capped at One Hundred Dollars ($100.00). Except as expressly provided in these terms and conditions, GCE will have no liability to you whatsoever, whether arising in connection with your use of the GCE Web site, a shipment, loss of gold, jewelry or any other property or for any other reason, including, without limitation, GCE 's own acts or omissions. In no event will GCE 's liability to you exceed One-Hundred Dollars ($100.00). GCE will not be liable to you for any damages, including but not limited to, incidental, consequential, punitive, loss of profit or opportunity, other than as expressly set forth in these Terms and Conditions. By submitting your items, you explicitly and expressly accept this limitation of liability. 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 GCE. In no event will GCE be liable to any third party, including any insurance carrier nor will GCE be liable for any loss of profit, loss of time or punitive damages. GCE will not be liable for any subrogation claim brought by your insurance carrier, and, by submitting any property or submission kit to GCE, you expressly and specifically waive any such subrogation claim on your behalf as well as on the behalf of your insurance carrier. In order to receive a loss guaranty payment or other remuneration from GCE, you must submit a claim to GCE on the claim form provided by GCE. Such forms are available on request. You may submit a claim form any time after at least sixty (60) days after the date of mailing your shipment. GCE will not accept or process your claim form unless it is fully and accurately completed, signed and delivered to GCE in accordance with the instructions on the claim form. You must submit all supporting documentation with the completed and signed claim form. Failure to comply with these requirements will constitute a waiver by you, and result in the denial by GCE of, your claim. Gold Return Policy and GOLD CASH EXCHANGE Guarantee If you are not satisfied with your payment or for any other reason, simply call our toll-free customer service number or send your rejection notification link email within 48 hours of receipt of notification of price quote price and you will receive instructions for the return of your gold. You understand that failure to adhere to these procedures might result in the processing of the contents that you submitted and that once processed the items will not be able to be recovered. A customer should not submit non-precious materials. If a customer has submitted 100% non-precious materials, the customer will have to pay a shipping, handling and processing charge for such material to be returned to the customer. If you have received a written quote from another national gold buyer with television advertising and mail-in service (this guarantee is not intended for any competitors who own or are affiliated with retail locations) for the same precious metals that you submitted to GCE, GCE will pay you 20% over than the amount stated on the quote. Such quote must be dated not earlier than 30 days prior to the GCE payment to you and GCE must be able to verify the veracity of the quote and that the quote was on the same exact precious metals submitted to GCE. Simply call our toll-free customer service number and you will receive instructions on how to send your name, address, tracking number and proof of your higher payout offer. Payment Procedures Once your items have been assessed, a quote price will be sent out to you within 24 hours of such assessment. Items are delivered to our facility five (5) days per week, Monday through Friday, exclusive of national holidays or weekends. In the event the 24 hour period would extend into a weekend or holiday, your quote will be issued on the first business day following the holiday or weekend. For the avoidance of doubt, the 24 hour period does not include the time it takes for your notification to be delivered to you. Choice of Law, Waiver, and Claims You expressly agree that these Terms and Conditions, and all GCE transactions, will be exclusively governed by the laws of Province of Ontario and must be brought in Sarnia, Ontario, without regard to its conflict of law provisions. GCE's failure to exercise or enforce any right or provision of these Terms and Conditions will not be deemed to be a waiver of such right or provision. If any of these Terms and Conditions 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 terms and conditions will 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 our shipping service or otherwise with GCE must be filed within one (1) year after such claim or cause of action arose or be forever barred. Indemnification You agree to indemnify and hold harmless GCE against any and all liability, claims, suits, losses, costs and legal fees (paid in advance) caused by, arising out of or resulting from any breach or claimed breach of these Terms and Conditions, including claims brought by third parties. You further warrant that you will fully, defend, protect, indemnify, and hold harmless GCE and its lawful successors and assigns from any adverse claim thereto. These Terms and Conditions are subject to change. We recommend that you revisit our website, GOLDCASHEXCHANGE.COM, periodically to ensure that you are aware of our current Terms and Conditions. By ordering the shipping envelope you have accepted and fufilled all conditions set forth in this contract. Effective: November 7, 2009. |
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| GOLD CASH EXCHANGE |
1-519-332-2236
We Buy All Your Unwanted or Broken Gold Jewellery & Coins