Terms and Conditions

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TERMS AND CONDITIONS OF PURCHASE

These Terms and Conditions of Purchase (“Terms and Conditions”) are entered into by and between Mobile Gold USA, LLC, a New York limited liability company (“Company”) and the individual signing these terms and conditions below as the “Customer”.

1. General. Company is in the business of buying precious metals and gemstones, as well as other items (the “Goods”) and does so only pursuant to these Terms and Conditions. As such, all Goods purchased by Company are purchase subject and pursuant to these Terms and Conditions. Customer accepts and agrees to these terms and conditions by signing below or by accepting payment for the Goods.

2. All Sales Final. Customer acknowledges and agrees that all sales are final and that Customer has no right to reclaim or have Company return the Goods sold. Customer further acknowledges that the transaction executed by Company and Customer is one of outright sale, and not a consignment and not a loan secured by the Goods. Company reserves the right to alter, test, melt down, sell or trade the Goods immediately upon payment to Customer.

3. Customer Representations and Warranties. Customer represents and warrants to Company all of the following: (i) that to the best of Customer’s knowledge, information and belief, the Goods are genuine; (ii) that Customer has legal title to such Goods with all power and authority to sell the Goods to the Company; (iii) that no other person has any right, claim or interest to the Goods; (iv) that the sale of the Goods to Company does not breach or violate any agreement to which Customer is bound.

4. Limitation of Liability. IN ALL EVENTS AND CIRCUMSTANCES, CUSTOMER AGREES THAT THE COMPANY SHALL NOT BE LIABLE TO CUSTOMER FOR ANY AND ALL CLAIMS RELATED TO THE TRANSACTION RELATED TO THE GOODS, YOU FURTHER AGREE THAT WE WILL NOT BE LIABLE TO YOU FOR: (a) ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ON LIABILITY SHALL BE BINDING ON YOU AND ON ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, YOUR SUCCESSORS, ASSIGNS, AND ANY OTHER INDIVIDUAL OR ENTITY ASSERTING ANY RIGHT OR CLAIM RELATING TO YOUR TRANSACTION.

5. Testing. Customer acknowledges that Company may test the Goods prior to purchase and that by submitting the Goods to Company for testing the Customer authorizes Company to test the Goods. Customer further agrees that, regardless of whether or not a sale and purchase of the Goods occurs, Company shall not be liable in any way for any damage that may occur during testing. Customer acknowledges and agrees that its submission of the Goods for testing is Customer’s affirmative agreement and authorizing for Company to test the Goods.

6. Indemnification. Customer shall indemnify Company from any and all claims, losses, damages, and expenses (including reasonable attorney fees) related to the purchase by Company of the Goods in the event that any such Claims relate to or arise out of any: (i) breach by Customer of these Terms and Conditions, including, without limitation, the Customer representation and warranties in Section 3; and (ii) any third party claims related to the Goods. 

7. Miscellaneous. Any controversy arising under or in relation to these Terms and Condition or the transaction they govern, shall be brought in state or federal courts in Broome County, New York. This agreement shall be governed by and construed in accordance with the laws of the State of New York.