Requirements For Use
You must be at least twenty-one (21) years of age in order to conduct business with Executive Bullion. In addition, every customer of Executive Bullion must be the actual legal owner of any and all gold, jewelry, and other property sold or attempted to be sold to Executive Bullion, and every customer must be acting on his or her own behalf and not as the agent or representative of another person. Executive Bullion may, but shall not be obligated or required to, request documentation or other proof of compliance with the requirements contained in this paragraph. Executive Bullion reserves the right to request additional info from the customer to fulfill legal requirements relating to the transaction.
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 Executive Bullion.
In no event shall Executive Bullion be liable to any third party, including any insurance carrier. Executive Bullion shall not be liable for any subrogation claim brought by customer’s insurance carrier, and, by submitting an item to Executive Bullion the 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.
Executive Bullion’s liability is and shall be expressly and specifically limited to the LEAST of the following sums:
- The liquidation value placed on the total contents by Executive Bullion in Executive Bullion’s sole discretion;
- One third (1/3) of the appraised value of the contents according to an appraisal submitted by a customer/seller to Executive Bullion, which appraisal was issued prior to the shipment of the item to Executive Bullion; or,
- 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 being submitted to Executive Bullion, Executive Bullion’s liquidated value shall be conclusive and binding and further, that in no event shall Executive Bullion’s Liability exceed One Hundred ($100.00) Dollars.
Executive Bullion 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 item, customer explicitly and expressly accepts this limitation of liability.
Acceptance of Offer
Any customer or prospective seller may request Executive Bullion to provide an e-mail quote for his or her items after such items have arrived at Executive Bullion’s processing facility. Verbal offers may, at the discretion of Executive Bullion, be recorded. Upon the verbal acceptance of the telephone quote by the customer or a written acceptance by email, payment will be issued by Executive Bullion within twenty four (24) hours of such acceptance and the sold items will be non-returnable. In the event the customer/seller cannot be contacted by phone or does not respond by email within 48 hours payment will be made by Check. This automatic payment is subject to the Executive Bullion Material Return policy and the items will be held and returned upon notification by the customer/seller and return of the original check payment.
Executive Bullion will refund the original shipping expense incurred by the customer/seller on qualifying transactions. Qualifying transactions shall consist of only shipments that are actually purchased by Executive Bullion and for which the entire shipping cost is not more than 10% of the purchase price. When original shipping cost exceeds 10% of the purchase price Executive Bullion may at its sole discretion reimburse up to 10% of the purchase price towards the shipping cost. Executive Bullion will not reimburse shipping for customer items that are returned. Shipping will not be reimbursed for any coin or bullion related shipments. Coin and bullion shipments to Executive Bullion are the seller’s responsibility.
The customer/seller hereby acknowledges that specific payment options will incur additional fees that will be deducted from their total payment. Check payments through First Class Mail or Direct Deposit have no additional fees. The fee for Express Mail Overnight check payment will be $21.50. The fee for Bank Wire Transfer payments will be $35.00. Note: Additional wire fees may be charged to the recipient’s bank account by their banking institution.
If, for any reason you are unhappy with our verbal or email quote or if you have received an automatic payment check, you can request that your items be returned to you at our expense. Executive Bullion will return your items within 15 business days. The shipment back to you is insured against loss (see Return Insurance Liabilities). Upon acceptance of our verbal or email quote or the clearing of an automatic payment check the Material Return policy does not apply.
Return Insurance Liabilities
Customers offering merchandise for sale to Executive Bullion understand and expressly accept and agree that they will be offered the fair market wholesale value for such items. If an item is returned to a customer, Executive Bullion will insure the item for no more than the retail replacement value regardless of what it was insured for when mailed by the customer to Executive Bullion. Executive Bullion shall, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction.
Choice of Law, Waiver, and Claims
This Agreement shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. Executive Bullion’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 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. 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.
Executive Bullion 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 Executive Bullion.