The terms and conditions are legally binding on you as a customer of Gold & Silver Traders.
You must be at least twenty-one (21) years of age to order a GoldPak, send goldsilvertraders.com your gold, jewelry or other property or to otherwise conduct business with goldsilvertraders.com. In addition, you must be (and, by using a GoldPak or sending property to goldsilvertraders.com, you represent and warrant that you are) the actual legal owner of any and all gold, jewelry and other property sold or attempted to be sold to goldsilvertraders.com and acting on your own behalf and not as the agent or representative of another person. goldsilvertraders.com may request documentation or other proof of compliance with these requirements.
RETURN INSURANCE LIABILITY LIMITATION
The price offered by goldsilvertraders.com is based on the market price on the day of receipt of the precious metals. Payment will be made for a value equal to 75% of market price that day for gold; 70% for silver and 70% for platinum.
Further, if the contents of the GoldPak includes non-precious metals or other items, it will be discarded.
CHOICE OF LAW, WAIVER, AND CLAIMS
If there is a loss of the contents of a GoldPak that you properly shipped to goldsilvertraders.com in accordance with the instructions and procedures set forth on the goldsilvertraders.com web site, goldsilvertraders.com will guarantee you against such loss subject to these terms and conditions.
goldsilvertraders.com’s liability under such loss guaranty or otherwise will be limited to one-third (1/3) of the value of the lost contents or One Hundred ($100.00) Dollars, whichever is less.
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.
In addition, if you do not provide goldsilvertraders.com with an original sales slip or appraisal (issued prior to the shipment to goldsilvertraders.com) for the lost contents, the value of your contents will be liquidation value, and goldsilvertraders.com’s liability will be limited to Thirty-Three ($33.00) Dollars. If you provide an original sales slip or such appraisal, the value or your contents will be based on such sales slip or appraisal, and goldsilvertraders.com’s liability will be limited to One Hundred ($100.00) Dollars.
You expressly acknowledge and agree that if you do not provide a sales slip or appraisal that was issued prior to the contents being submitted to goldsilvertraders.com, golddsilvertraders.com’s determination of value shall be conclusive and binding.
Without limiting the foregoing, this guarantee will apply only to property shipped in the GoldPak packaging supplied by goldsilvertraders.com. goldsilvertraders.com reserves the right, in its sole discretion, to reject delivery of any mail, envelope or package that appears damaged, opened or tampered with, and any such rejected mail, envelope or package will be returned to you via U.S. Mail. goldsilvertraders.com will have no liability to you for any such attempted delivery or return of any such items.
Except as expressly provided in these terms and conditions, goldsilvertraders.com will have no liability to you whatsoever, whether arising in connection with your use of the GoldPak Web site, a GoldPak, loss of gold, jewelry or other property or for any other reason, including, without limitation, goldsilvertraders.com’s own acts or omissions. In no event will goldsilvertraders.com’s liability to you exceed One-Hundred Dollars ($100.00). goldsilvertraders.com 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.
In order to receive a loss guaranty payment or other remuneration from goldsilvertraders.com, you must submit a claim to goldsilvertraders.com on the claim form provided by goldsilvertraders.com. 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 GoldPak. goldsilvertraders.com will not accept or process your claim form unless it is fully and accurately completed, signed and delivered to goldsilvertraders.com 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 goldsilvertraders.com of, your claim.
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 goldsilvertraders.com. In no event will goldsilvertraders.com be liable to any third party, including any insurance carrier. goldsilvertraders.com will not be liable for any subrogation claim brought by your insurance carrier, and, by submitting any property or GoldPak to goldsilvertraders.com, you expressly and specifically waive any such subrogation claim on your behalf as well as on the behalf of your insurance carrier.
You may request goldsilvertraders.com to provide a telephone or e-mail quote for your items after such items have arrived at goldsilvertraders.com’s processing facility. Such offers may, at the discretion of goldsilvertraders.com, be recorded. Upon your acceptance, oral or written, of such quote, you will be legally bound by such transaction, payment will be issued by goldsilvertraders.com within twenty four (24) hours and you will not have the opportunity to return your check and receive your items back from goldsilvertraders.com.
RETURN INSURANCE LIABILITY LIMITATION
goldsilvertraders.com will insure any item returned to you with a value, as determined by goldsilvertraders.com in its sole discretion, of $15.00 or more at the amount of two (2) times such value (regardless of whether and in what amount it was insured for when mailed by you). goldsilvertraders.com will not insure any item with a value of less than $15.00. goldsilvertraders.com will, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction. Except for such insurance obligation, goldsilvertraders.com will have no liability whatsoever in connection with the return of any item to you. goldsilvertraders.com.
CHOICE OF LAW, WAIVER, AND CLAIMS
These terms and conditions, and all GoldPak transactions, will be governed by the laws of Washington State (WA) without regard to its conflict of law provisions. goldsilvertraders.com’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 GoldPak or otherwise with goldsilvertraders.com 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 Washington State (WA). goldsilvertraders.com will 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 Washington, including but not limited to, attorney’s fees incurred by goldsilvertraders.com.