Terms and Conditions
The terms and conditions contained herein and those described on the Company’s website (to be read in combination and referred to herein in their entirety as “The Agreement”) shall be binding for each and every customer of Cash For Gold Orange County.
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, assigners, insurance carriers and any other individual or entity asserting any right or claim relating to customer’s transaction with Cash For Gold Orange County Inc. In no event shall Cash For Gold Orange County Inc be liable for any damages from the loss or destruction of property in its possession for any reason, including negligence, except as stated herein. In no event shall Cash For Gold Orange County Inc be liable to any third party, including any insurance carrier. Cash For Gold Orange County Inc shall not be liable for any subrogation claim brought by the customer’s insurance carrier, and, by submitting an item to Cash For Gold Orange County Inc, 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.
Cash For Gold Orange County Inc’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 Cash For Gold Orange County Inc in Cash For Gold Orange County Inc’s sole discretion.
One-third (1/3) of the appraised value of the contents according to an appraisal submitted by a customer/seller to Cash For Gold Orange County Inc, which appraisal was issued prior to the shipment of the item to Cash For Gold Orange County Inc; and, The sum of Five Thousand ($5,000.00) Dollars.
The customer/seller expressly acknowledges and agrees that if there is no appraisal which was issued prior to the contents begin submitted to Cash For Gold Orange County Inc, Cash For Gold Orange County Inc’s liquidated value shall be conclusive and binding and further, that in no event shall Cash For Gold Orange County Inc’s Liability exceed Five Thousand ($5,000.00) Dollars.
Cash For Gold Orange County Inc 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 items, customer explicitly and expressly accepts this limitation of liability.
If you believe your gold jewelry or other property is worth more than $5,000.00, please call customer support, and ask for an increase in insurance. We also strongly advise that you list the contents of your Pack on the enclosed brochure, which you must return to us
Choice of Law, Waiver, and Claims
The Agreement shall be governed by the laws of the State of New York without regard to its conflict of law provisions. Cash For Gold Orange County Inc’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, 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 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 offered by Cash For Gold Orange County Inc 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 New York. Cash For Gold Orange County Inc 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 California, including but not limited to, attorney’s fees incurred by Cash For Gold Orange County Inc.