Terms & Conditions

These terms and conditions are legally binding on you as a user of the ProGoldBuyers™ Web site and/or as a customer of General Metals Corporation, Inc., its’ subsidiary Professional Plating, Inc., or Professional Plating, Inc. doing business as ProGold Buyers, (collectively referred to as “ProGold Buyers”) and inure to the benefit of ProGold Buyers and its successors and assigns.

Requirements For Use
You must be at least twenty-one (21) years of age to order a ProGoldBuyers™ mailing kit, send ProGold Buyers your gold, jewelry or other property or to otherwise conduct business with ProGold Buyers. In addition, you must be (and, by using a ProGoldBuyers™ mailing kit or sending property to ProGold Buyers, you represent and warrant that you are) the actual legal owner of any and all gold, jewelry and other property sold or attempted to be sold to ProGold Buyers and acting on your own behalf and not as the agent or representative of another person. ProGold Buyers may request documentation or other proof of compliance with these requirements.

Guaranty Against Loss / Limitations of Liability
If there is a loss of the contents of a ProGoldBuyers™mailing kit that you properly shipped to ProGold Buyers in accordance with the instructions and procedures set forth on the ProGoldBuyers.com™ web site, ProGold Buyers will guaranty you against such loss subject to these terms and conditions.

ProGold Buyers’ liability under such loss guaranty or otherwise will be limited to the value of the lost contents or One Hundred ($100.00) Dollars, whichever is less.

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.

In addition, if you do not provide ProGold Buyers with an original sales slip or appraisal (issued prior to the shipment to ProGold Buyers) for the lost contents, the value of your contents will be liquidation value, and ProGold Buyers’ liability will be limited to Twenty-Five ($25.00) Dollars. If you provide an original sales slip or such appraisal, the value or your contents will be based on such sales slip or appraisal, and ProGold Buyers’ liability will be limited to the lesser of  the stated value on the sales slip or appraisal or One Hundred ($100.00) Dollars.

You expressly acknowledge and agree that if you do not provide a sales slip or appraisal that was issued prior to the contents being submitted to ProGold Buyers, ProGold Buyers's determination of value shall be made by ProGold Buyers and shall be conclusive and binding.

Without limiting the foregoing, this guaranty will apply only to property shipped in the packaging supplied by ProGold Buyers. ProGold Buyers 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. ProGold Buyers will have no liability to you for any such attempted delivery or return of any such items.

Except as expressly provided in these terms and conditions, ProGold Buyers will have no liability to you whatsoever, whether arising in connection with your use of the ProGoldBuyers.com™ Web site,  ProGoldBuyers™, for loss of gold, jewelry or other property or for any other reason, including, without limitation, ProGold Buyers' own acts or omissions. In no event will ProGold Buyers liability to you exceed One-Hundred Dollars ($100.00). ProGold Buyers 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 these terms and conditions.

Claims Procedures
In order to receive a loss guaranty payment or other remuneration from ProGold Buyers, you must submit a claim to ProGold Buyers on the claim form provided by ProGold Buyers. Such forms are available on request. You may submit a claim form any time after at least thirty (30) days after the date of mailing your ProGoldBuyers™ mailing kit. ProGold Buyers will not accept or process your claim form unless it is fully and accurately completed, signed and delivered to ProGold Buyers in accordance with the instructions on the claim form. You must submit all supporting documentation with the completed and signed claim form. Failure to comply with these requirements will constitute a waiver by you, and result in the denial by ProGold Buyers of, your claim.

Binding Effect
These terms and conditions, including, without limitation, the limitations 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 ProGold Buyers. In no event will ProGold Buyers be liable to any third party, including any insurance carrier. ProGold Buyers will not be liable for any subrogation claim brought by your insurance carrier, and, by submitting any property or ProGoldBuyers™ to ProGold Buyers, you expressly and specifically waive any such subrogation claim on your behalf as well as on the behalf of your insurance carrier.

Oral Offers
You may request ProGold Buyers to provide a telephone or e-mail quote for your items after such items have arrived at ProGold Buyers’ processing facility. Such offers may, at the discretion of ProGold Buyers, be recorded. Upon your acceptance, oral or written, of such quote, you will be legally bound by such transaction, payment will be issued by ProGold Buyers within twenty four (24) hours and you will not have the opportunity to return your check and receive your items back from ProGold Buyers.

Return Insurance Liability Limitation
ProGold Buyers will insure any item returned to you with a value, as determined by ProGold Buyers in its sole discretion, of $15.00 or more at the amount of such value as determined by ProGold Buyers (regardless of whether and in what amount it was insured for when mailed by you). ProGold Buyers will not insure any item with a value of less than $15.00. ProGold Buyers will, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction. Except for such insurance obligation, ProGold Buyers will have no liability whatsoever in connection with the return of any item to you.

Choice of Law, Waiver, and Claims

These terms and conditions, and all ProGoldBuyers™ transactions, will be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. ProGold Buyers's failure to exercise or enforce any right or provision of these terms and conditions will not be deemed to be a waiver of such right or provision. If any of these terms and conditions 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 terms and conditions will 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 ProGoldBuyers.com™ website or otherwise with ProGold Buyers 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 Minnesota. ProGold Buyers will 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 Minnesota, including but not limited to, attorney’s fees incurred by ProGold Buyers.