These terms and conditions constitute a binding agreement (“Agreement”) between each and every customer (“you”) of PRS Gold Buyers Inc. (“Company”) and inure to the benefit of PRS and our successors and assigns. By shipping your items to the Company, you are agreeing to all terms and conditions set forth herein and those described on our website, prsgoldbuyers.com.
Public Refining Service does not sell jewelry, gold, or precious metals or stones. We purchase jewelry only for melt, and not for resale. Our purchase prices and valuations are not based in any way upon the value of intact jewelry or their resale value. We do not make any representations or warranties regarding the value of any item, but merely make an offer to purchase that may be accepted or rejected by you in accordance with this Agreement.
You must be at least twenty-one (21) years of age to conduct any business with the Company, including but not limited to, ordering a gold submissions kit and sending Company your gold or other precious metals, jewelry or any other property. In addition, you must be (and, by sending property to Company, you represent and warrant that you are) the actual legal owner of any and all gold or other precious metals, jewelry and any other property sold or attempted to be sold to Company and acting on your own behalf and not as the agent or representative of another person. You understand that the Company may have certain obligations under law to verify your identity and the origin of any items you send and to request documentation of compliance with the requirements in this paragraph. You agree to provide such documentation and otherwise cooperate with Company as requested by the Company.
Company guarantees against loss of the items properly shipped to and accepted by Company in accordance with the policies and procedures established by Company. This guarantee does not cover any losses that occur in conjunction with you failing to use the provided shipping material or to comply with the provided instructions, or any mailed package, item, letter, package, envelope or other shipping container that appears to have been opened, damaged, or tampered with or for which delivery is rejected by the Company.
Company reserves the right, in Company’s sole discretion, to reject delivery of any package, item, letter, envelope or other shipping container that appears to have been opened, damaged, or tampered with, or that Company determines in its sole discretion looks suspicious. Company shall have no liability to any customer for any attempted delivery or return of any items for which delivery was rejected. Delivery of items to Company is at your own risk, and you should consider obtaining proper insurance on all items mailed to the Company and using reputable, reliable delivery services.
DELIVERY LOSS CLAIMS
All claims for delivery loss must be submitted within thirty (30) days of the date of loss (“Claim Period”) and must be submitted on the supplied claim form, which is available upon request to Company. Each claim form must be completely and accurately completed and filed with Company within the Claim Period, complete with all required documentation as set forth herein and as requested by the claims representative, or the claim will be rejected.
OFFERS AND ACCEPTANCE
Once Company has received and evaluated the item(s) sent by you, Company will make an offer to purchase the item(s). The offer to purchase may be made via telephone call, email or standard mail. The Company does not represent or warrant that any offer to you represents fair market value of your item. The amount of the Company’s offer is determined in the Company’s sole discretion and is based upon the Company’s determination of the melt value of the gold in your item, not its resale value. You may accept the offer via the telephone, in which case, a binding oral contract is established between the buyer (Company) and the seller (you). You may also accept the offer via email if such is requested by Company. Company will then issue the agreed payment within five (5) business days of your acceptance of the offer. Immediately upon the issuance of payment, legal title to the property will be vested in Company. Payment will be made via check.
If you do not accept the offer, you may request return of the item(s), which request must be made in strict accordance with the Company’s procedures as set forth below.
LIMITATION OF LIABILITY
This limitation of liability is binding on you and any third party, including but not limited to, your heirs, successors, assigns, insurance carriers, and any other individual or entity asserting any right or claim relating to your transaction with Company. In no event shall Company be liable for any damages from the loss or destruction of property in its possession for any reason except any loss or destruction due to willful misconduct or gross negligence, or as otherwise stated herein. Company shall not be liable for any subrogation claim brought by your insurance carrier, and, by submitting an item to Company, you expressly and specifically waive any such subrogation claim on your behalf as well as on the behalf of your insurance carrier.
Company will be liable only for the least of the following amounts:
A. the liquidation value as established by Company’s professional evaluation of the value of the total contents loss.
B. one third (1/3) of the appraised value of the contents according to a “Certified Appraisal” submitted by you to Company prior to the shipping of the item(s) to Company. A “certified appraisal” means a written appraisal issued by one of the following professionals: a Registered Jeweler, a Certified Gemologist, a Certified Gemologist Appraiser, or an Independent Certified Gemologist Appraiser.
C. The sum of One Hundred Dollars ($100.00 USD).
You expressly acknowledge and agree that if the Company did not issue an offer amount prior to you submitting the item to the Company, the applicable value set forth immediately above shall be conclusive and binding, provided that IN NO EVENT shall the Company’s liability exceed One Hundred ($100.00) Dollars.
Company shall not be liable to anyone for any damages, including but not limited to, incidental, consequential, punitive, or loss of profit or opportunity, other than as set forth herein above. By submitting items to the Company, you explicitly and expressly accept 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.
If you change your mind about selling your item or are dissatisfied with the amount of the estimate you received,you must notify the Company immediately. If we do not hear from you by telephone or fax within twelve (12) DAYS of the date on the check we mailed to you, your material will be sent for melt down. Once you give notice that you reject the Company’s offer, you must request the Company to provide you with forms for you to request return of your item. The Company may charge a shipping and handling fee for material returned to you.
We will hold your item for an additional 12 days from receipt of your rejection notification to allow time to receive your return request. If we have not received your return request along with return of our check to you within that same 12 days, we will forward your item to be melted. These time limitations cannot be waived for any reason. Company will not be responsible for any loss or damage of any kind if the time limitations are not strictly followed.
The Company will insure the returned item for no more than the amount offered by Company, regardless of the amount it was insured for when mailed by you to the Company, unless you notify the Company by e-mail or fax prior to the return shipment and you agree to pay for any extra insurance requested. You agree to waive any losses not covered by the amount of insurance purchased accordingly by Company. In the event the items returned to you are lost in transit, your sole remedy is to seek reimbursement via the insurance carrier engaged by the Company, and such losses and claims are subject to the terms and conditions of the insurance carrier and the policy purchased by Company on your behalf.
This Agreement is governed by the laws of the State of New York without regard to its conflict of law provisions. Company’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, then this Agreement shall be deemed modified to be in compliance with applicable law. The parties nevertheless agree that a provision is found to be wholly or partially non-compliant, the other provisions of the Agreement remain in full force and effect.