GoldXChange - Terms and Conditions

GoldXChange Terms and Conditions

The terms and conditions contained herein and those described on the Company’s website (to be read in combination and referred to herein in their entirety as “The Agreement”) shall be binding on each and every customer of GoldXChange and shall inure in the benefit of GoldXChange and GoldXChange's successors and assigns. If you would like a copy of the information on our website, please call 1(800) 241-1811. Requirements for Use Every customer must be at least eighteen (18) years of age in order to sell precious metals or jewelry to GoldXChange. In addition, every customer of GoldXChange must be the actual legal owner of any and all gold, jewelry, and other property sold or attempted to be sold to GoldXChange, and every customer must be acting on his or her own behalf and not as the agent or representative of another person. GoldXChange may, but shall not be obligated or required to, request documentation or other proof of compliance with the requirements contained in this paragraph. By shipping your goods to GoldXChange, you are agreeing to all terms and conditions set forth herein and those described on our website: GoldXChange.ca. Guaranty Against Loss GoldXChange will guaranty against loss of the total contents properly shipped to GoldXChange in accordance with the instructions and procedures established by GoldXChange and subject to the terms and conditions herein and as described at GoldXChange.com. GoldXChange 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. GoldXChange shall have no liability to any customer for any such attempted delivery or return of any such items. Limitation of Liability 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 GoldXChange. In no event shall GoldXChange 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 GoldXChange be liable to any third party, including any insurance carrier. GoldXChange shall not be liable for any subrogation claim brought by the customer's insurance carrier, and, by submitting an item to GoldXChange, 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. GoldXChange'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 GoldXChange in GoldXChange'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 GoldXChange, which appraisal was issued prior to the shipment of the item to GoldXChange; and, 3. The sum of One Hundred ($100.00) Dollars. The customer/seller expressly acknowledges and agrees that if there is no appraisal which was issued prior to the contents begin submitted to GoldXChange, GoldXChange's liquidated value shall be conclusive and binding and further, that in no event shall GoldXChange's Liability exceed One Hundred ($100.00) Dollars. GoldXChange 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 $100.00, 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 Pak on the enclosed brochure, which you must return to us. Verbal Offers Any customer or prospective seller may request GoldXChange to provide a telephone or e-mail quote for his or her items after such items have arrived at GoldXChange's processing facility. Verbal offers may, at the discretion of GoldXChange, be recorded. Upon a verbal acceptance by the customer of the telephone or e-mail quote, payment will be issued by GoldXChange 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. Gold Chart Disclaimer of Liability GoldXChange shall not be responsible for the contents of the gold chart data appearing on its website. These charts are prepared by third parties other than GoldXChange, and GoldXChange includes such charts only for general information to its customers, and GoldXChange shall not be liable to anyone who relies on the information contained therein. Return Insurance Liabilities If an item is returned to a customer, GoldXChange will insure the item for no more than the amount offered by GoldXChange regardless of what it was insured for when mailed by the customer to GoldXChange, unless GoldXChange 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. GoldXChange shall, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction. Choice of Law, Waiver, and Claims The Agreement shall be governed by the laws of the Province of Manitoba without regard to its conflict of law provisions. GoldXChange'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 GoldXChange 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 Province of Manitoba. GoldXChange 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 Province of Manitoba, including but not limited to, attorney's fees incurred by GoldXChange. Material Return If you change your mind about selling your material or are dissatisfied with the amount of the payment you received, you must notify us immediately. If we do not hear from you by telephone or fax within TEN (10) DAYS of the date on the check we mailed to you, your material will be processed by our refiner. You must return the check before we will return your material. This time limitation cannot be waived for any reason. GoldXChange will not be responsible for any loss or damage of any kind if the time limitations are not strictly followed. A shipping and handling charge will apply for material returned to the customer. Waiting Period For A Claim A customer who wishes to submit a claim to GoldXChange must NOTIFY THE COMPANY IMMEDIATELY TO REQUEST A CLAIM FORM. In order to be processed, the claim form must be fully and accurately completed, signed and mailed to GoldXChange LLC in accordance with the claim form instructions. The customer must submit any and all supporting documentation with the completed and signed claim form. Failure to properly complete, sign and/or mail the claim form WITH PROOF THAT THE GOODS WERE MAILED TO GOLDXCHANGE will result in the denial of the claim by GoldXChange. There is a 30 day waiting period from the time the claim form is received by GoldXChange and the claim is processed. Contact Information: Box 40052 RPO Lagimodiere Winnipeg, Manitoba R2C 4P3 Customer Service - 1-866-205-7369 Monday - Friday, 9am - 5pm EST email: info@goldxchange.ca