By submitting items to us, you agree to be bound by the following terms and conditions. Please read them all before shipping anything to us.
KMG Environmental Incorporated, 620-C Academy Road, Winnipeg Manitoba Canada R3N 0E6, 1-204-452-4653
The terms and conditions contained herein (to be read and referred to herein in their entirety as the "Agreement") shall be binding on each and every person who sends items (the "Customer") to KMG Environmental Incorporated, KMG GOLD Enterprises (MB) and KMG GOLD Recycling (BC) (herein referred to collectively as the "Company"). The Agreement shall inure in the benefit of the Company and the Company's successors and assigns.
The Company is a secondary refinery and licensed precious metals dealer and governed by City, Provincial and Federal statutes and by-laws. The Company and purchases scrap precious metal which may include, but is not limited to; gold, silver, platinum, palladium, and rhodium scrap, coins, bars, sprues, billets, castings, and dental scrap. Prices and pay out rates are based solely on the weight of pure precious metal content, not on retail or appraisal value. Prices are determined by the worlds' precious metal markets, such as, but not limited to, the New York Mercantile Exchange, Inc. (NYMEX), the Commodity Exchange, Inc (COMEX), the London Bullion Market Association (LBMA), and the London Platinum and Palladium Market (LPPM). Prices and weights are determined in the sole and unfettered discretion of the Company. US dollar and Canadian dollar exchange rates are determined by the Bank of Canada or the foreign exchange market.
The Customer represents and warrants that he or she is at least eighteen (18) years of age in order to ship or sell precious metals or scrap jewelry to the Company. In addition, the Customer of the Company must be the actual legal rightful owner of any and all gold, silver, platinum, jewelry, and other property sold or attempted to be sold to the Company and the Customer must be acting on his or her own behalf and not as the agent or representative of another person and the property sold or attempted to be sold to the Company shall not be proceeds of crime. The Customer agrees to provide, upon request of the Company further documentation including photographic identification or other proof of compliance with the requirements contained in the agreement. By shipping items to the Company, and also by accepting an offer to purchase from the Company, the Customer agrees to all terms and conditions set forth herein and those described on our web site: http://www.kmggold.com and those described in any and all correspondence.
Under no circumstances shall the Customer or anyone send to the Company, nor shall the Company accept, take into its' possession, or instruct to take into its' possession stolen or illegally obtained items, nor any other items which may be contrary to any applicable law, statute, or by-law.
The Customer expressly acknowledges and agrees that any and all items shipped to the Company may be subject to a testing procedure to determine pure precious metal content that may permanently alter the appearance of the item. In addition, the Company, at its' sole discretion, may remove stones, gems, glass, iron, nickel, brass, or other materials from any item in order to determine the true weight of pure precious metal content. In doing so, the item may become permanently and irreversible altered or damaged. Any removed items may be made available for return to the Customer on his or her request and shipped to the Customer at his or her own expense. The Company shall not be held liable nor compensate for any loss or damage of any kind whatsoever except as may be set forth herein. The Customer must notify the Company immediately if they do not wish their items to be tested, which may hinder or prevent an accurate assessment of value and may result in the items being refused by the Company.
If the Customer changes his or her mind about selling items after the company has taken possession of the items the Customer must notify the Company immediately. In such a case the Company will not test the items (provided of course that testing has not already occurred) and shall arrange for the items return to the Customer as stated herein. A reasonable shipping and handling charge will apply for material returned to the Customer.
The Company shall communicate an offer to purchase to the Customer. Upon acceptance of the offer to purchase the item or items immediately and irrevocably become the property of the Company. Furthermore, upon acceptance of an offer to purchase the Customer agrees to and acknowledges that any and all items sold to the Company may be permanently damaged, melted and or refined immediately. The Company assumes no liability for loss except as stated herein. The Company shall issue payment in a reasonable and timely manner. Unless otherwise instructed by the Customer, the method of payment will be chosen at the sole discretion of the Company.
The Customer is solely responsible for shipping their items to the Company and in no event shall the Company be liable for any damages from loss or destruction of property that is not in the Company's possession for any reason whatsoever, including negligence except as may be set forth herein. The Company reserves the right, in its sole discretion, to reject delivery of any mail, envelope or package which appears to be damaged, opened, or tampered with and any such mail, envelope or package will be returned by Canada Post to the Customer. The Company shall have no liability to the Customer for any such attempted delivery or return of any such items. We strongly recommend that the Customer insures his or her shipment before shipping to the Company. We strongly recommend that the Customer itemizes the contents of his or her shipment, photographs, and weighs the contents, and emails this information to the Company before shipping.
This limitation of liability shall be binding on the Customer and any third party, including, but not limited to, the Customer and the Customer's successors, assigns, heirs, personal representatives, insurance carriers and any other individual or entity asserting any right or claim relating to Customer's transaction with the Company. In no event shall the Company be liable for any damages from the loss or destruction of property shipped to the Company or in its possession for any reason, including negligence, except as stated herein. The Company shall not be liable for any subrogation claim brought by the Customer's insurance carrier or otherwise, and, by submitting an item to the Company, 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 or otherwise.
The Company's liability is and shall be expressly and specifically limited to items actually received by the Company and then to the lesser of the following sums:
1.) The liquidation value placed on the total contents by the Company in the Company's sole discretion.
2.) One-fifth (1/5) of the appraised value of the contents according to an appraisal performed and reported by a competent and certified appraiser, submitted by the Customer to the Company, which appraisal was issued prior to the shipment of the item to the Company; and,
3.) The sum of One Hundred ($100.00CAD) Canadian Dollars (CAD).
The Customer expressly acknowledges and agrees that if there is no appraisal which was issued prior to the contents being received by the Company, the Company's liquidation value shall be conclusive and binding and further, that in no event shall the Company's Liability exceed the sum of One Hundred ($100.00CAD) Canadian Dollars (CAD).
The Company 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 items, the Customer explicitly and expressly accepts the limitations of liability as set out above.
The Company shall not be responsible for the contents of the precious metal chart data appearing on its web site. These charts are prepared by third parties other than the Company, and the Company includes such charts only for general information to its Customers, and the Company shall not be liable to anyone who relies on the information contained therein. Determination of values of items shall be in the sole and unfettered discretion of the Company at all times.
If an item or items are returned to the Customer for any reason, the Company will ship the items via Canada Post regular mail or other parcel carrier service with no insurance regardless of the value the Customer perceives the item(s) to have and regardless of the value it may have been insured for when submitted by the Customer to the Company, unless the Company is otherwise notified by letter, e-mail or facsimile by the Customer of his or her intent prior to arrangements having been otherwise made for the return shipment. The Customer agrees to pay for any and all insurance or additional shipping fees requested. The Company shall, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction..
The Agreement shall be governed by the statutes and by-laws of the Government of Canada, the Province of Manitoba, and the City of Winnipeg. The Company'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 endeavour 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. Any such claim or cause of action must be filed in the Province of Manitoba. The Company 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 Province of Manitoba, including but not limited to, attorney's fees incurred by the Company.
From time to time, the Company may act as a shipper's-agent in the making of shipping arrangements. The request of insurance of Shipper ("Customer") signifies Shipper's agreement to these Shippers-Agent Terms and Conditions of Service
On behalf of shippers, The Company shall on advice from shipper request Global Cargo Insurance to cover shipments coordinated by The Company. Cargo insurance shall be requested through The Company's insurance broker. The cargo insurance policy covers "All Risks" subject to these Terms and Conditions and stipulations of the governing insurance policy. A complete copy of the insurance policy is available upon written request.
The Company is a shipper's-agent which makes arrangements with carriers and others for transportation. The Company is neither an air carrier nor an indirect air carrier subject to the Warsaw Convention.
The Company is not an insurance broker nor is it an insurance company nor a claims adjustment agency.
It is agreed that the cargo insurance underwriter, not The Company, shall determine all issues of coverage, and claim settlements. The shipper further agrees all matters with respect to claims shall be addressed and managed by the claims adjustment agency on behalf of the cargo insurance company.
It is agreed that only approved commodities are eligible for coverage under the policy of cargo insurance. Approved commodities are limited to scrap precious metal, jewelry, jewelry settings, loose gems, gemstones and watch pieces, only. Written request must be submitted in advance to The Company when shipper request insurance for any commodity not listed in this paragraph. Under no circumstances shall either The Company or the cargo insurance company assume any liability or responsibility whatsoever for the shipment of bank notes, notes, money orders, cash, negotiable documents of any kind, contraband or unlawful goods.
Because you as Shipper have stipulated The Company is only a shipper's agent, you understand and agree the policy of cargo insurance shall act as your exclusive remedy for loss or damage to goods with respect to The Company. Unless The Company carries, stores, or otherwise physically handles the shipment, and loss, damage, expense or delay occurs during such activity, The Company assumes no liability and is not to be held responsible for any loss, damage, expense or delay but undertakes only to use reasonable care in the selection of carriers or other vendors, all of whom shall be considered the agents of the shipper. When The Company stores or otherwise physically handles the shipment, it does so as a bailee with maximum liability that shall be limited to an amount equal to the lesser of One Hundred Dollars ($100.00) per shipment or the fees charged for the services, provided that, in the case of partial loss, such amount will be adjusted pro rata.
Shipping with The Company constitutes acceptance of these Terms and Conditions and applies to all representatives shipping under your account. These "Terms and Conditions' bind the shipper, consignee and all other interested parties. Compliance with The Company Terms and Conditions is a condition precedent to consideration of any claim.
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY BEFORE CARGO INSURANCE FOR YOUR VALUABLES IS REQUESTED. ALL OF THE FOLLOWING CONDITIONS ("WARRANTIES") MUST BE MET BY THE SHIPPER AS A CONDITION PRECEDENT TO CONSIDERATION OF ANY CLAIM FOR LOSS OR DAMAGE.
The shipper ("Customer") expressly warrants as follows:
1. The shipper expressly warrants it is either the owner or the authorized agent of the owner of the property to which the shipment relates;
2. The shipper expressly warrants that it is authorized to accept these 'Terms and Conditions' not only for itself, but also as agent for or on behalf of all other persons whomsoever may be interested in the property shipped.
3. The shipper expressly warrants the accuracy of all shipping information provided. The shipper expressly agrees to indemnify, defend and hold The Company harmless from any claims and/or liability arising from the importation or exportation of shipper's merchandise and/or any conduct of shipper which violates any federal, provincial, state or other laws, statutes,and by-laws. The Company shall not be responsible for fines, penalties, delays or seizures arising from such importations or exportations of shipper's merchandise.
4. The shipper expressly warrants that the consignee has been notified of the shipment and shipment content prior to delivery. Shipper agrees and acknowledges that failure by consignee to report damage, loss or non-receipt within sufficient time to allow for timely reporting by shipper relative to applicable time limits set forth herein shall prejudice and adversely affect or nullify shipper's ability to recover under the cargo policy.
5. The shipper expressly warrants that the shipment has been adequately prepared, packed, and sealed to undertake the period of transportation. The shipper expressly warrants that the shipment has been properly labeled as referenced in paragraph 19 and further warrants that the label shall be affixed to the shipping container by permanent means. Adequate packaging shall mean at a minimum a box within a larger box. Adequate sealing shall mean at a minimum that the inner box be taped at any opening. The shipment is warranted free of coverage (no insurance coverage) for loss or damage resulting from improper preparation, packing, sealing or labeling of the subject shipment.
6. The shipper expressly warrants that the requested insurance coverage shall not commence until the courier, air carrier, The Company representative or authorized agent - whichever may be first - issues valid written or electronic evidence of shipment acceptance. The confirmation number issued by The Company shall not constitute such evidence of shipment acceptance.
7. The shipper expressly warrants an obligation to declare to The Company an accurate fair market value of the shipment on which service charges shall be based. Under no circumstances will the procured insurance be responsible for payment of an amount exceeding declared value.
8. In the event the actual cargo value should be understated, the requested insurance will be responsible only for payment of loss up to, but not exceeding, the declared value to The Company. Under no circumstances shall the procured insurance be responsible for values exceeding a maximum per shipment of US$50,000.00.
9. The shipper expressly warrants that failure to declare a value in writing to The Company for any shipment shall result in maximum insurance liability of either (a) total shipping charges; or (b) $100.00CAD, whichever shall be less.
10. The shipper expressly warrants that the requested insurance will not be liable for payment of indirect or consequential damages nor for loss resulting from force majeure alleged delay, non-performance, or loss of market nor for depreciation. In the event of loss or damage to pairs or sets, compensation shall be limited only to the item lost or damaged.
11. The shipper expressly warrants that the requested insurance shall not be liable to pay for losses of any kind resulting from strikes, lockouts, riots, force majeure, or loss resulting from nuclear release or reaction.
12. The shipper expressly warrants that the requested insurance shall not be liable for payment of claims resulting from dishonesty, negligence or willful misconduct of shipper/consignee and their employees or agents.
13. The shipper expressly warrants that it and the consignee shall be liable, jointly and severally, for all unpaid shipping charges, costs, fines or penalties incurred by The Company resulting from any shipment.
14. The shipper expressly warrants that neither The Company nor the cargo insurance company have assumed any responsibility whatsoever for collection and return of the payment instrument for C.O.D. shipments. Any and all issues relative to the performance of C.O.D. instructions shall be directed solely to the carrier or express company.
15. The shipper expressly grants to The Company a general lien on (a) settled cargo claims for application to shipper's unpaid service account; and (b) all property of shipper coming into the actual or constructive possession or control of The Company. Unless within thirty (30) days of receiving written notice of lien from The Company, shipper posts cash or letters of credit at site, guaranteeing payment of monies owed, plus all storage charges accrued or to be accrued, The Company shall have the right to sell such shipment at public or private sale or auction and any net proceeds remaining thereafter shall be refunded to the shipper.
16. The shipper expressly warrants that no claim for loss or damage shall be valid in the absence of objective physical evidence of tampering with the shipping package or objective evidence of penetration or invasion of the shipping container. The shipper expressly warrants that no claim for loss or damage shall be valid unless the required physical evidence of tampering, damage, invasion or penetration of the shipping container has been noted in writing on the receiving documents by both the consignee and the courier or The Company representative. The shipper expressly warrants that no claims for loss or damage shall be valid unless the package, inter-cartons, packing and contents have been made available for inspection and retained by shipper until the matter is concluded. This warranty does not apply to disappearance of the entire shipped package in transit. Any loss or damage discovered after departure of the courier or The Company representative from destination shall be excluded from insurance coverage.
17. The shipper expressly warrants that all disputes against any Party under this agreement shall be resolved in binding arbitration only. Shipper expressly agrees that the time for the commencement of proceedings against any party under this agreement shall be limited to one (1) year from the date on which the shipment was delivered, or should have been delivered - all proceedings commenced thereafter being time barred, however founded. Shipper expressly agrees that the liability of The Company when acting as a shipper's-agent is limited to $100.00CAD per shipment.
18. The shipper expressly warrants that disputes involving issues relating to the payment of claims for loss or damage to shipper property, or with respect to insurance coverage, shall be directed to the cargo insurance company only, not The Company.
19. The shipper expressly warrants that there shall be no commodity description nor declaration of value to any air carrier or on any of the external shipping documentation, including but not limited to labels, air waybills, box markings, etc., except with regard to international shipments where regulatory procedures require such information.
20. The shipper expressly warrants it shall remove from any external shipping documentation including but not limited to labels, airway bills, box markings, etc. any and all references of jewelry, gems or any other word or description which may bring attention to the contents of the package except where international regulations require.
21. Any value declared to the air carrier shall be deducted from the limit of requested insurance. The existence of coverage under another insurance policy shall not affect payment under the requested coverage, so long as aggregate coverage shall not exceed the actual shipment value.
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY BEFORE CARGO INSURANCE FOR YOUR VALUABLES IS REQUESTED. ALL OF THE FOLLOWING CONDITIONS MUST BE MET AS A CONDITION PRECEDENT TO CONSIDERATION OF ANY CLAIM FOR LOSS OR DAMAGE.
It is expressly agreed that once a package is signed for at destination, (1) delivery has occurred, and (2) coverage under the arranged cargo insurance terminates.
It is expressly agreed that the packages signed for by any apparent representative (i.e., concierge, doorman, front desk clerk, residential occupant, security guard or other functionary of the delivery location) at the delivery address shall be deemed delivered. It is expressly agreed that packages delivered to any address provided by shipper are deemed delivered to the proper address, and therefore are delivered. The presumption of delivery shall be conclusive.
Where a signature waiver has been provided to the courier or express company (i.e., FedEx, UPS, etc.), delivery occurs at the time a shipment is left at the delivery address.
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY BEFORE CARGO INSURANCE FOR YOUR VALUABLES IS REQUESTED. ALL OF THE FOLLOWING CONDITIONS MUST BE MET AS A CONDITION PRECEDENT TO CONSIDERATION OF ANY CLAIM FOR LOSS OR DAMAGE.
In the event of loss or damage, The Company must receive written notice of claim within twenty-four (24) hours after discovery of any loss or damage but in no event more than thirty (30) days from the date when the shipment was delivered or should have been delivered. Failure to comply with these mandatory notice requirements shall forever bar the claim against The Company and invalidate requested cargo insurance.
The shipper, consignee and their respective agents shall cooperate in the providing of an examination under oath relative to any claim for loss or damage and shall produce any and all requested information and/or documentation which may be reasonably available.
No claim shall be considered where loss or damage result directly or indirectly from fraudulent credit card sales or purchases.
Any false or fraudulent claims will make the shipper and/or consignee liable for prosecution under applicable civil and criminal regulations in the country(ies) of origin and destination. The submission of false or fraudulent statements in connection with a claim may result in fine, penalty or imprisonment as provided under federal or provincial law, statute, act or by-law, or corresponding international regulation.
RETURN PRIVILDGE AND ITEM AUTHENTICITY. All items are warranted original unless otherwise described. Customers will have 14 days to return any product not bullion related. There are no return privilidges on bullion related products.
KMG Environmental Incorporated fully warrants all non-bullion products available in our online store. Such merchandise can be returned for refund or exchange at the discretion of the customer.
When you place your online bullion order, you enter into a binding contractual agreement with KMG Environmental Incorporated to remit payment in full based on the prevailing market purchase price agreed upon at the time your order was placed. Should you choose to buy-back your order prior to the date of delivery, KMG Environmental Incorporated will liquidate your position based on the prevailing market purchase price at the time of buy back, provided you have properly paid us. You will be liable for any difference in the event of market loss. If the prevailing market price of the items has gone up since your order, KMG Environmental Incorporated will pay you the higher prevailing market price for your items. However, in the event we are unable to ship your order by the date promised, we will contact you and give you the option of buying back your order based on the spot market price at that time or agreeing to wait an additional period of time for your order, which shall not be more than 30 days. If we are unable to deliver after the additional period of time has elapsed we will pay you the full purchase price or the prevailing spot market price, whichever is higher.
Our policy is to ship orders promptly after you have properly paid us. We hold your payment for five business days to protect against credit card fraud. In most cases your order will ship within five business days after funds have cleared. Occasionally we will need to back-order your merchandise. However, reductions in inventory resulting from an increased demand for certain bullion products and other reasons may delay shipping. If we cannot ship your order within the delivery time as described here, we will inform you prior to the expiration of that period of time that we are unable to meet the delivery date, and you may buy back your order and obtain a full payment of the prevailing market price at the time of liquidation.
You will benefit from any gain in the market. A $50.00 cancellation fee will be deducted from the total of the Buy Back price. All shipping and insurance charges are NOT refundable. Balance of the Buy Back transaction will be credited to the credit card account used to pay for the original transaction.
You are liable for market loss on your order computed by subtracting the Buy Back price of the items you ordered from the total of the original transaction. A $50.00 cancellation fee will be deducted from the total of the Buy Back price. All shipping and insurance charges are NOT refundable. Balance of the Buy Back transaction will be credited to the credit card account used to pay for the original transaction.
We require your credit card information to secure payment on all first-time orders and for all orders $10,000 and greater. There is no charge to your credit card if you pay in full and on time. However, if you fail to pay us in full and on time, we will involuntarily liquidate your order and charge your credit card.
In addition to the other rights hereunder, we reserve the following rights unto ourselves:
We reserve the right to refuse service to anyone.
We reserve the right to correct any order for obvious errors or computer-related problems. We will make a good faith effort to notify you of any correction of your order.
We reserve the right to cancel any pending sale at any time for any reason. If we exercise this right, we shall cancel your order, including delivery of your bullion, and we shall notify you and refund you all monies you may have paid to us on your order, less any costs and fees associated with cancelling your order.
We reserve the right to require payment by bank wire transfer for large orders; or during periods of heavy bullion trading.
We reserve the right to change this Agreement at any time without notice.
If you actually are, or appear to us to be sending to us multiple payments that may in our sole discretion require us to report your payment on IRS Form 8300, we reserve the right to hold all such payments and withhold shipment of the related order until you provide us all necessary information that we determine we may need or desire to complete said IRS Form 8300. We hereby also reserve the right to liquidate, cancel or rescind any transaction in which we are unable to obtain or verify information needed to comply with said IRS Form 8300, or any other related statutes, rules, regulations, or any other law of every kind and nature.
We reserve the right to either, (1) accept any late or defective payment, including liquidation payments, after a market comparison to determine what is most advantageous for us, or (2) reject any such late or other defective payment, including liquidation payments, that doesn't comply with the terms of this Agreement.
In the event you place multiple orders with us and pay for one or more orders, but fail to properly pay for other orders, we reserve the right to withhold shipment on any paid orders, until the unpaid orders have been resolved to our satisfaction, including the Right of Offset. The "Right of Offset", shall mean our right to apply any customer's paid order's proceeds and product against any of that customer's other unpaid orders proceeds and product. If the customer shall thereafter have a net balance owed to us, we may thereafter involuntarily liquidate the remaining net balance owed as provided herein. If the customer shall have a net balance remaining for shipment, then we shall ship the remaining portion of the order as provided herein.
Any prevention, delay or stoppage in our performance of any term hereto due to strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefore, governmental restrictions, regulations or controls, the suspension by commodity exchanges in the trading of gold, silver, platinum or palladium futures contracts or the delivery of the commodities underlying such contracts, or the failure or delay of vendors, enemy or hostile governmental action, riot, civil commotion, fire or other casualty, and other causes beyond our control, shall excuse our performance, and extend our performance of our duties and responsibilities hereunder, for a period equal to any such prevention, delay or stoppage.
EXCEPT FOR EXPRESS WARRANTIES CONTAINED HEREIN, WE DISCLAIM ALL IMPLIED WARRANTIES OF EVERY KIND AND NATURE, INCLUDING SPECIFICALLY THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AS TO ALL BULLION SALES.
Time is of the essence in this Agreement.