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Guaranty Against Loss
/ Limitations of Liability
For any claims against loss,
you are required to submit a copy of the delivery confirmation
form. Acquiring the delivery confirmation is your responsibility
prior to mailing your package to payingcash4gold.com. This
assures us that your package was in fact mailed.
Please note: payingcash4gold.com
will reimburse every customer who purchases delivery confirmation,
PLUS an extra $1.00 for their time acquiring
it. Generally, delivery confirmation is less than $.75
and well worth the investment.
If there is a loss of the
contents of a PayingCash4Gold.com Mailing Kit that you
properly shipped to PayingCash4Gold.com in accordance
with the instructions and procedures set forth on the PayingCash4Gold.com
web site, PayingCash4Gold.com will guaranty you against
such loss subject to these terms and conditions.
PayingCash4Gold.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 PayingCash4Gold.com with an original sales slip
or appraisal (issued prior to the shipment to PayingCash4Gold.com)
for the lost contents, the value of your contents will
be liquidation value, and PayingCash4Gold.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 PayingCash4Gold.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
PayingCash4Gold.com, PayingCash4Gold.com's determination
of value shall be conclusive and binding.
Without limiting the foregoing,
this guaranty will apply only to property shipped in the
PayingCash4Gold.com packaging supplied by PayingCash4Gold.com.
PayingCash4Gold.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. PayingCash4Gold.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, PayingCash4Gold.com will
suffer no liability to you whatsoever, whether arising
in connection with your use of the PayingCash4Gold.com
web site, a PayingCash4Gold.com Mailing Kit, loss of gold,
jewelry or other property or for any other reason, including,
without limitation, PayingCash4Gold.com's own acts or omissions.
In no event will PayingCash4Gold.com's liability to you
exceed one-hundred dollars ($100.00). PayingCash4Gold.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.
Claims Procedures
In order to receive a loss
guaranty payment or other remuneration from PayingCash4Gold.com,
you must submit a claim to PayingCash4Gold.com on the claim
form provided by PayingCash4Gold.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
PayingCash4Gold.com Mailing Kit. PayingCash4Gold.com will
not accept or process your claim form unless it is fully
and accurately completed, signed and delivered to PayingCash4Gold.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
byPayingCash4Gold.com of your claim.
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 PayingCash4Gold.com.
In no event will PayingCash4Gold.com be liable to any third
party, including any insurance carrier. PayingCash4Gold.com
will not be liable for any subrogation claim brought by
your insurance carrier, and, by submitting any property
or Mailing Kit to PayingCash4Gold.com, you expressly and
specifically waive any such subrogation claim on your behalf
as well as on the behalf of your insurance carrier.
Oral Offers
You may request PayingCash4Gold.com
to provide a telephone or e-mail quote for your items after
such items have arrived at PayingCash4Gold.com’s
processing facility. Such offers may, at the discretion
of PayingCash4Gold.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 PayingCash4Gold.com
within twenty four (24) hours and you will not have the
opportunity to return your check and receive your items
back from PayingCash4Gold.com.
Return Insurance Liability
Limitation
PayingCash4Gold.com will
insure any item returned to you with a value, as determined
by PayingCash4Gold.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). PayingCash4Gold.com will not insure any item with
a value of less than $15.00. PayingCash4Gold.com will,
in its sole discretion, choose the return carrier, insurance
and receipt verification method for each transaction. Except
for such insurance obligation, PayingCash4Gold.com will
have no liability whatsoever in connection with the return
of any item to you.
Choice of Law, Waiver,
and Claims
These terms and conditions,
and all PayingCash4Gold.com transactions, will be governed
by the laws of the state of North Carolina without regard
to its conflict of law provisions. PayingCash4Gold.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 PayingCash4Gold.com
Mailing Kit or otherwise with PayingCash4Gold.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 the state of North Carolina.
PayingCash4Gold.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 North Carolina, including but not
limited to, attorney’s fees incurred by PayingCash4Gold.com.
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