GOLD BUYERS OF AMERICA BILL OF SALE
In consideration of the sum listed, paid in hand and receipt acknowledged by Seller, said Seller does herein sell,, transfer and assign all rights, title and interest in the above described property to the Buyer.
The Seller represents and warrants that the sold property is not stolen, rented or leased and that they have no liens or encumbrances against them. Seller also attests to be the rightful owner of the sold property, that Seller has the right to sell the property. Seller attests that the Seller is not in voluntary or involuntary bankruptcy of any type and is at least 18 years of age. If proven otherwise Seller understands that Seller will be criminally prosecuted to the fullest extent of the law.
I, the Seller, agree to all terms and conditions and acknowledge receipt of a gold buyers pack brochure.
1.. The term "Buyer" as used herein is hereby defined as that certain party more particularly set forth and described in the upper left corner of the reverse of this Bill of Sale.
2.. The term "Seller" as used herein is hereby defined as that certain person or persons more particularly described and officially identified on the reverse side of the Bill of Sale as the part other than the Buyer herein.
3.. For and in consideration of the amount(s) paid by the Buyer or Seller (sometimes herein referred to as the "Purchase/Trade Price") as more particularly set forth in the Property Sections on the reverse hereof, the receipt of which by Seller is hereby acknowledged the undersigned Seller does hereby bargain, sell, transfer, convey and deliver unto Buyer, its successors and assigns, without recourse, all of Seller's right, title and interest whatsoever in and to that certain property (the "Property" herein) more particularly described in said Property Sections on the reverse hereof.
4.. Seller hereby warrants and represent: that Seller is over eighteen (18) years of age; that Seller is the rightful owner of the said property; that said property is free and clear of all liens and encumbrances whatsoever, including without limitation liens for past due child support; and that Seller is legally entitled to freely sell or otherwise dispose of the same in Seller's sole discretion.
5.. It is specifically understood and agreed that this agreement is personal only and that the same shall not be transferred or assigned by Seller, nor shall of the Seller's rights whatsoever hereunder inure to the benefit of any alleged successor, assign or transfer from Seller hereof, without the express written consent of Buyer.
6.. The parties hereby acknowledge that this agreement contemplates a final sale without recourse and that Buyer shall not be liable for any loss, damage or disappearance of said Property during the statutory term hereof. In the event of any loss, damage or disappearance of the said Property during the time specified by Florida statue, Seller hereby waives any and all rights to any action or remedy, at law or in equity, against Buyer on account thereof and in such event Seller agrees to accept the amount theretofore paid by Buyer to Seller hereunder as the Purchase/Trade Price for said Property as liquidated damages for such loss, damage or disappearance.
7.. Seller shall and does and hereby indemnify and agree to hold harmless the Buyer from and against any and all loss, costs or damages in connection with this purchase and sale. In the event any suit shall be filed hereunder, Seller shall be liable for and shall reimburse to Buyer all of Buyer's court costs, expenses and reasonable attorney's fees incurred in connection therewith.
8.. Seller hereby warrants and represents that he/she has carefully read, understands and agrees to all of terms and conditions of this sale as more particularly set forth at length herein.
9.. We are so sure that you will be 100% satisfied with our offer. If you receive a higher written offer from anyone else, we will pay you 10% more cash. (*This guarantee is only applicable to individual customers and is not meant for business to business or jewelry store volume traffic.)
GOLD BUYERS OF AMERICA TERMS AND CONDITIONS
The following terms and conditions are binding on every Gold Buyers of America™ customer and will inure to the benefit of Gold Buyers of America™, its successors and assigns.
Requirements for Use
You must be at least eighteen (18) years old to conduct business with Gold Buyers of America™. In addition, by sending any property to Gold Buyers of America™, you are representing and warranting that you are the actual legal owner of all property sold or attempted to be sold to Gold Buyers of America™. All Gold Buyers of America™ customers must also be acting on their own behalf and not as agents or representatives of another person. Gold Buyers of America™ may, but is not legally obligated or required, to request documentation or other proof of compliance with the requirements described in this paragraph.
Customers or prospective sellers may request that Gold Buyers of America™ provide telephone or e-mail quotes for their property after Gold Buyers of America™ has received them in their facility. Gold Buyers of America™ may record these offers at their discretion. Upon a verbal acceptance by the customer of the telephone or e-mail quote, Gold Buyers of America™ 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
Gold Buyers of America™ will guaranty against loss of the total contents properly shipped to Gold Buyers of America™ in accordance with the instructions and procedures established by Gold Buyers of America™ and subject to the terms and conditions published at GoldBuyersPack.com. Gold Buyers of America™ 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. Gold Buyers of America™ will have no liability to any customer for any such attempted delivery or return of any such items.
Gold Buyers of America Limitation of Liability
Gold Buyers of America™ liability will be limited to one thousand ($1,000.00) dollars if the item(s) is(are) lost or stolen while in the possession of Gold Buyers of America™.
Fedex Insurance is limited to $100.00
The customer/seller expressly acknowledges and agrees that Gold Buyers of America™ liquidated value shall be conclusive and binding and further, that in no event will Gold Buyers of America™' liability exceed $100.00 same as Fedex. Gold Buyers of America™ 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 Gold Buyers of America™ through Fedex, the customer/seller explicitly accepts this limitation of liability.
Return Insurance Liabilities
All customers who offer property for sale to Gold Buyers of America™ understand and accept that Gold Buyers of America™ will offer them fair market wholesale value for their property. If property is returned to a seller, Gold Buyers of America™ will insure the item for no more than twice the amount offered for it by Gold Buyers of America™, 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, Gold Buyers of America™ will choose the return carrier, insurance and receipt verification method for each transaction.
Items and Valuables Not Claimed for More Than One Month (30 Days)
Gold Buyers of America™ will not be liable for any damages to any person or entity regarding any property left unclaimed with Gold Buyers of America™ for a period longer than one (1) month or 30 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 GoldBuyersPack.com for Using this Web site
By using GoldBuyersPack.com, you agree to hold harmless Gold Buyers of America™, 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 Gold Buyers of America™ has been advised of the possibility of such damages.
Disputes And Applicable Law
Any dispute arising out of or relating to your use of GoldBuyersPack.com will be conclusively resolved by arbitration in the state of Florida 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 Florida 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 GoldBuyersPack.com.
Choice of Law, Waiver, and Claims
This agreement will be governed by the laws of the State of Florida without regard to its conflict of law provisions. Gold Buyers of America™' 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 Gold Buyers of America™, 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 Florida. Gold Buyers of America™ 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 Florida, including but not limited to, attorney's fees incurred by Gold Buyers of America™
If your are unhappy for any reason with the payment you received from Gold Buyers of America™, please return your check within ten (10) days of the date printed on the check and Gold Buyers of America™ will return your property, no questions asked.