The terms and conditions contained herein (the “Terms and Conditions”) shall be legally binding on each and every customer of Ross Precious Metals Corp. (“RPM”) and shall inure to the benefit of RPM and its successors and assigns.
You agree that you are at least 21 years of age. You also agree that you are the actual legal owner of any and all gold, jewelry and other property that you sell or attempt to sell to RPM and that your gold, jewelry and any other property is free and clear of any and all claims, liens, or anything else that might adversely effect the value of your merchandise or your ability to sell it to RPM. You further agree that you are acting on your own behalf, and not as another’s agent or representative. RPM may, but shall not be obligated to, request documentation or other proof of compliance with the requirements stated in this paragraph. By shipping your goods to RPM, you are agreeing to all terms and conditions set forth herein.
After receiving your request, we will send you our official RPM Kit which includes instructions as well as an envelope for sending your gold, jewelry or other property. RPM will cover the full cost of postage for sending your gold, jewelry or other property. If you believe your gold, jewelry or other property is highly valuable, we recommend that you insure your shipment at your own expense using any carrier you choose. RPM shall have no liability for any loss of the contents of any RPM Kit shipped to RPM.
RPM 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. RPM will have no liability to you for any such attempted delivery or return of any such items.
RPM will have no liability to you whatsoever, whether arising in connection with your use of the RPM website or RPM’s loss of gold, jewelry or other property or for any other reason, including, without limitation, RPM’s own acts or omissions. RPM 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 the Terms and Conditions.
These Terms and Conditions, including, without limitation, the limitation 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 RPM. In no event will RPM be liable to any third party, including any insurance carrier. RPM will not be liable for any subrogation claim brought by your insurance carrier, and by submitting any property to RPM, you expressly and specifically waive any such subrogation claim on your behalf as well as on the behalf of your insurance carrier.
You may request RPM to provide a telephone or email quote for your items after such items have arrived at RPM’s processing facility. Such offers may, at the discretion of RPM, be recorded. Upon your acceptance, oral or written, of such quote, you will be legally bound by such transaction and payment will be issued by RPM within twenty-four (24) hours of such acceptance and you will not have the opportunity to return your check and receive your items back from RPM.
Upon receipt of your material, RPM will notify you by email, telephone or fax of our settlement payment for your material. You must accept or decline your settlement within twenty-four (24) hours after RPM notifies you of the settlement payment.
If you are silent, we will assume that you have accepted our offer and will send a check of the value of your items. If we do not hear from you by email, telephone or fax within ten (10) business days of the issue date on the check we mailed to you, your material will be processed by our refiner. Please see the section entitled “Settlement Paid by RPM Check” for more information.
If you selected payment by company check from RPM, and you do not agree with the settlement amount or change your mind after accepting the settlement, then within ten (10) business days from the issue date of the check, you must notify RPM via email or telephone (212)-221-4500 that you now choose to decline the settlement and will be returning the un-cashed/unsigned check immediately. You must return the check before we will return your material. If you satisfy the requirements set forth in this paragraph, then RPM will promptly return your shipped material. Failure to satisfy the requirements set forth in this paragraph will cause you to forfeit your right to decline the settlement and RPM will own and process your material.
If you selected payment by company check and you notify RPM by email or telephone that you decline the settlement before payment is processed and before a company check is sent to you, RPM will promptly return your material to you as specified herein. A shipping and handling charge will apply for all material returned to the customer.
In the event that your gold, jewelry or other property is returned to you in accordance with these Terms and Conditions, RPM will ship your property to you at your address as it appears in our records and will insure the property for no more than the settlement amount offered by RPM, regardless of the insured amount when you mailed it to RPM. Except for such insurance obligation, RPM will have no liability whatsoever in connection with the return of any item to you. RPM shall, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction.
By using RPM, you agree to hold harmless RPM, 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 use of the RPM Kit or any matter herein.
These Terms and Conditions and all RPM transactions will be governed by the laws of the State of New York without regard to its conflict of law provisions. RPM’s failure to exercise or enforce any right or provision of the Terms and Conditions will not be deemed a waiver of such right or provision. If any provision of the Terms and Conditions are 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 Terms and Conditions 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 RPM must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any claim or cause of action must be filed in the State of New York. RPM 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 RPM.