Empire Gold Buyers Terms and Conditions
The following terms and conditions are binding on every Empire Gold Buyers customer and will inure to the benefit of Empire Gold Buyers, its successors and assigns.
Requirements for Use
You must be at least eighteen (18) years old to conduct business with Empire Gold Buyers. In addition, by sending any property to Empire Gold Buyers, you are representing and warranting that you are the actual legal owner of all property sold or attempted to be sold to Empire Gold Buyers. All Empire Gold Buyers customers must also be acting on their own behalf and not as agents or representatives of another person. Empire Gold Buyers may, but is not legally obligated or required, to request documentation or other proof of compliance with the requirements described in this paragraph.
Verbal Offers
Customers or prospective sellers may request that Empire Gold Buyers provide telephone or e-mail quotes for their property after Empire Gold Buyers has received them in their facility. Empire Gold Buyers may record these offers at their discretion. Upon a verbal acceptance by the customer of the telephone or e-mail quote, Empire Gold Buyers will issue payment 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.
Guaranty Against Loss
Empire Gold Buyers will guaranty against loss of the total contents properly shipped to Empire Gold Buyers in accordance with the instructions and procedures established by Empire Gold Buyers and subject to the terms and conditions published at EmpireGoldBuyers.com. Empire Gold Buyers reserves the right, in its sole discretion, to reject the delivery of any mail, envelope, package or other item which appears to be opened, damaged or tampered with in any way. The post office or shipping company will return any such mail, envelope, package or item to the customer. Empire Gold Buyers will have no liability to any customer for any such attempted delivery or return of any such items.
Limitation of Liability
Empire Gold Buyers' liability will be limited to one-third (1/3) of the value of the total content, or one hundred ($100.00) dollars, whichever is less. If there is no original sales receipt or appraisal, Empire Gold Buyers' liability will be limited to thirty-three ($33.00) dollars. If there is an original sales slip or appraisal, Empire Gold Buyer' liability will be limited to one hundred ($100.00) dollars. This guaranty only applies to property shipped by a company Empire Gold Buyers uses.
This limitation of liability is binding on any Empire Gold Buyers customer/seller and any third party including but not limited to customers/sellers, insurance providers, successors, and any other individual or entity asserting any right or claim related to this transaction.
In no event will Empire Gold Buyers be liable to any third party, including any insurance provider. Empire Gold Buyers shall not be liable for any subrogation claim brought by the customer's/seller's insurance provider. By submitting property to Empire Gold Buyers, all customers/sellers expressly and specifically waive any such subrogation claims on their behalf as well as on the behalf of their insurance providers.
Empire Gold Buyer's liability is and will be expressly and specifically limited to the LEAST of the following sums:
The liquidation value placed on the property by Empire Gold Buyers in its own sole discretion.
One third (1/3) of the appraised value of the property according to an appraisal carried out by an independent accredited appraiser submitted by a customer/seller to Empire Gold Buyers, which appraisal was issued no more than 3 years before the shipment and not after shipment of the property to Empire Gold Buyers.
The sum of $100.00.
The customer/seller expressly acknowledges and agrees that Empire Gold Buyers liquidated value shall be conclusive and binding and further, that in no event will Empire Gold Buyers' liability exceed $100.00.
Insurance Coverage
Empiregoldbuyers has the ability to insure your package up to $25,000 using our Federal Express DVX account. In the event where we cannot reach you via Email or Phone, Empiregoldbuyers will put standard $500 insurance on all packages being shipped to our location.
Empire Gold Buyers will not be liable to anyone for any damages, including but not limited to consequential, incidental, punitive, loss of profit or opportunity, other than as described above.
By sending any property to Empire Gold Buyers, the customer/seller explicitly accepts this limitation of liability.
Return Insurance Liabilities
All customers who offer property for sale to Empire Gold Buyers understand and accept that Empire Gold Buyers will offer them fair market wholesale value for their property. If property is returned to a seller, Empire Gold Buyers will insure the item for no more than twice the amount offered for it by Empire Gold Buyers, regardless of what the property was insured for inbound by the seller, unless otherwise notified by e-mail before return shipment.
In its sole discretion, Empire Gold Buyers will choose the return carrier, insurance and receipt verification method for each transaction.
Items and Valuables Not Claimed for More Than Six Months (180 Days)
Empire Gold Buyers will not be liable for any damages to any person or entity regarding any property left unclaimed with Empire Gold Buyers for a period longer than six (6) months or 180 days from the date it was received. It is the customer/seller's sole responsibility to claim their property within this time frame.
Agreement to Indemnify EmpireGoldBuyers.com for Using this Web site
By using EmpireGoldBuyers.com, you agree to hold harmless Empire Gold Buyers, its directors, officers, agents and employees, from and against any and all claims, costs, expenses, and damages (including attorney's fees) arising out of or related to your access to this web site. This provision applies even if Empire Gold Buyers has been advised of the possibility of such damages.
Disputes And Applicable Law
Any dispute arising out of or relating to your use of EmpireGoldBuyers.com will be conclusively resolved by arbitration in the state of New York under the commercial arbitration rules of the American Arbitration Association then existing, and any judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. The law of the State of New York U.S.A., without regard to its conflict of law rules, will govern the resolution of any dispute relating to or arising out of your use of EmpireGoldBuyers.com.
Choice of Law, Waiver, and Claims
This agreement will be governed by the laws of the State of New York without regard to its conflict of law provisions. Empire Gold Buyers' 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. By doing business with Empire Gold Buyers, 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 New York. Empire Gold Buyers 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 New York, including but not limited to, attorney's fees incurred by Empire Gold Buyers
Material Return
If your are unhappy for any reason with the payment you received from Empire Gold Buyers, please return your check within ten (10) days of the date printed on the check and Empire Gold Buyers will return your property, no questions asked. A $15.00 shipping and handling charge will apply for all property returned to the customer/seller after the customer/seller has accepted Empire Gold Buyers' offer and received a check for payment. This charge does not apply to property returned to customers/sellers who do not accept the initial Empire Gold Buyers offer and subsequently request the return of their property.
