The following Terms and Conditions (hereinafter ‘agreement’) govern each transaction between you and True North Gold Buyer Ltd. (‘we’, ‘us’, ‘our’ or ‘TNGB’) and are legally binding on you as a visitor/user of our Website(s) (www.truenorthgoldbuyer.com) and/or as our customer and inure to the benefit of True North Gold Buyer Ltd. and its successors and assigns.
This site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.
Changes to Terms and Conditions
We may revise or modify any portion of this agreement at any time without notice to you. You must read this agreement each time you visit our site or use any tool or service that we provide to you via this site or elsewhere, to ensure that you are aware of our current Terms and Conditions. Any usage of this site or tools, functions or services that we provide you means that you have read the most current version of this agreement and you agree to be bound by the terms and conditions of the latest version of this agreement.
General Rules Regarding Site and Service Usage
Site visitors may not violate the law of any jurisdiction while visiting our site or using any tool or service that we provide. They may not conduct any activity that is harmful or detrimental to our site as solely determined by us.
As a requirement for using our services,
you warrant to us that you:
- have attained the age of majority in your jurisdiction, in order to use the site or any services provided here, to send us your gold, silver and jewellery or other property or to otherwise conduct business with us. You represent and warrant you are at least 18, 19 or 21 years of age, depending on the age of majority in your jurisdiction, and that you have the legal capacity to enter into this agreement. If you are not at least 18, 19 or 21 years of age, depending on the age of majority in your jurisdiction, you must exit the site immediately and may not use or access the site or print or download any materials from the site whatsoever.
- have good and marketable title to the property you send in and have full authority to transfer said property; and that
- said property is sold free of all liens, encumbrances, liabilities, and adverse claims of every nature and description whatsoever.
- are the actual legal owner of any and all gold, silver, jewellery and other property sold or attempted to be sold to us; and
- acting on your own behalf and not as the agent or representative of another person and that;
- said property is not from, or the result of, illegal activity in this country or any other country.
- will not cause us to be in violation of any anti-money laundering, anti-terrorism, or other applicable law of Canada, any state or any foreign country by any transaction initiated by you.
- you agree not to send in materials containing the following: Arsenic, Beryllium, Bismuth, Cadmium, Mercury, Selenium, Tellurium or any other deleterious elements.
We may request certain documentation or other proof of compliance with these requirements.
Guaranty Against Loss/Limitation of Liability
When shipping your precious metals / jewellery to us, we recommend that you insure your property with the carrier for its full value and if it is lost or stolen prior to reaching True North Gold Buyer Ltd. you must make a claim against the carrier. We reserve the right to reject delivery of any packages which appear to be damaged, opened, or tampered with. TNGB will have no liability to you for any such attempted delivery or return of any such items.
If the delivery of your package or envelope is accepted by TNGB, TNGB will be liable only for the least amount as established by one of the following three appraisal methodologies:
- 25% of the certified appraised value of your items according to an appraisal performed and reported by a competent and certified appraiser if issued within 90 days prior to the receiving date. TNGB reserves the right to verify the appraisal document with a third party.
- The lesser of the current market liquidation value of your items, or one-half the wholesale value of your items.
- The sum of three hundred Canadian Dollars (300.00 CAD). You expressly acknowledge and agree that if you do not provide an appraisal for your items which was issued not more than 90 days prior to your claim of loss, TNGB’s determination of value shall be conclusive and binding and in any event TNGB’s liability will be capped at one hundred Canadian Dollars (100.00 CAD).
By submitting the item, you explicitly and expressly accept this limitation of liability. This limitation of liability shall be binding on you and any third party, including, but not limited to, you and your successors, assigns, heirs, personal representatives, insurance carriers and any other individual or entity asserting any right or claim relating to your transaction with TNGB. In no event shall TNGB be liable for any damages from the loss or destruction of property shipped to TNGB or in its possession for any reason, including negligence, except as stated herein. TNGB shall not be liable for any subrogation claim brought by your insurance carrier or otherwise, and, by submitting an item to TNGB, you expressly and specifically waive any such subrogation claim on your behalf as well as on the behalf of your insurance carrier or otherwise.
In order to receive a loss guaranty payment or other remuneration from TNGB, you must submit a claim to TNGB on the claim form provided by TNGB. Such forms are available on request. You may submit a claim form any time after at least sixty days (60) after the date of mailing your parcel. TNGB will not accept or process your claim form unless it is fully and accurately completed, signed and delivered to TNGB 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 TNGB of, your claim.
Return Insurance Liabilities
By offering merchandise for sale to TNGB (and sending the same to TNGB for evaluation regarding potential purchase by us) you understand and expressly agree that you will be offered the fair market wholesale value as established by us for such items.
- If you are not satisfied with our quote or for any other reason want us to return your items, simply call us at (705) 302 1055 or email us via our Contact Form within 5 business days of receipt of our offer and you will receive instructions for the return of your items. You will have to pay a shipping charge for such material to be returned to you. You understand that failure to adhere to these procedures might result in the processing of the contents that you submitted and that once processed the items will not be able to be recovered.
- You should not submit non-precious materials. If you have submitted 100% non-precious materials, you will have to pay a shipping, handling and processing charge for such material to be returned to you. Alternatively you can choose to have TNGB dispose of the items for you.
For all material to be returned to you TNGB shall, in its sole discretion, choose the return carrier, insurance provider and receipt verification method for each such transaction. We offer to insure your material for a mutually agreed value regardless of what it was insured for when mailed by you to TNGB. The cost for the insurance will then be added to the shipping charges mentioned above. You agree to waive any losses not covered by the amount of insurance purchased accordingly by us. In the event the items returned to you are lost, your sole remedy is to seek reimbursement via the insurance carrier and such losses and claims are subject to the terms and conditions of the insurance carrier and the policy purchased by TNGB on your behalf.
Offers of Purchase (including offers by mail, phone or e-mail)
You may request or we may provide verbal opinions or estimates via e-mail or telephone for your material at our discretion to best serve the interests of the parties. Such estimates may, at our discretion, be recorded. Please note that these estimates are based on the information that you provide to us so they may differ from the quote we will provide to you via phone or email by the time we have physically received and evaluated your material and taken into account current market conditions.
Upon your acceptance, oral or written, of the purchase price offered by us, the transaction is complete and legally binding upon the parties. Your verbal acceptance or electronic signature shall result in the immediate transfer of title and ownership of the material to TNGB. If we do not get a response from you to the purchase price offered by us within five business days (period starting from the day of submission), this equates to you accepting our offer of purchase. Payment will be issued by us and you will not have the opportunity to return your payment and receive your items back from us.
Right to Refuse Service
TNGB reserves the right to refuse service to anyone.
Damage Disclaimer of Liability
You expressly acknowledge and agree that any and all items shipped to TNGB may be subject to a testing procedure to determine precious metal content that may permanently alter the appearance of the item. In addition, TNGB, 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 the precious metal content. In doing so, the item may become permanently and irreversible altered or damaged. TNGB shall not be held liable nor compensate for any loss or damage of any kind whatsoever incurred as a result of testing your items.
Disclaimer of Warranty
We issue no warranty whatsoever and do not make any representations or warranties regarding the availability, suitability, reliability, merchantability, non-infringement, capability, usefulness or fitness for any general or particular purpose of the site, or the tools, products or services herein supplied or sold or regarding the characteristics of services provided by or through the site, or regarding the timeliness, accuracy or usefulness of information obtained from or through the site. The site and all content contained via the site are provided to you “As Is, Where Is”, without any warranty of any kind, express or implied.
Intellectual Property Provisions
All content provided within or via this site is protected by various Canadian, U.S. and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties, agreements or licenses. No intellectual property of any nature contained within or via this site may be copied, published, or broadcast in any way without the written permission of the content owner except for content which is provided under the terms of a license with Share Alike conditions. The content of this site may not be “framed” or “mirrored”. No party who utilizes this site may attempt to tamper with, modify, reverse engineer, gain unauthorized access or modify any software used in TNGB’s programs or website. All trademarks presented on or via this site are owned by their respective owners and may not be used by you in any way.
Choice of Law, Waiver, and Claims
You expressly agree that these Terms and Conditions, and all TNGB transactions, will be exclusively governed by the laws of Province of Ontario and must be brought in Barrie, Ontario, without regard to its conflict of law provisions. TNGB’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 endeavour 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. Any such claim or cause of action must be filed in the Province of Ontario. In the event that the courts in the Province of Onatrio rule in favor of TNGB, TNGB must be reimbursed for any and all legal fees and costs incurred in defending any civil action filed or attempted to be filed. TNGB 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 Ontario, including but not limited to, attorney’s fees incurred by TNGB. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to sending material to TNGB or otherwise with TNGB must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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 us. In no event will TNGB be liable to any third party, including any insurance carrier. We will not be liable for any subrogation claim brought by your insurance carrier, and, by submitting any property or packages to us, you expressly and specifically waive any such subrogation claim on your behalf as well as on the behalf of your insurance carrier.
You agree to indemnify and hold harmless TNGB against any and all liability, claims, suits, losses, costs and legal fees (paid in advance) caused by, arising out of or resulting from any breach or claimed breach of these Terms and Conditions, including claims brought by third parties. You further warrant that you will fully, defend, protect, indemnify, and hold harmless TNGB and its lawful successors and assigns from any adverse claim thereto.
We shall not be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labour disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. We are not responsible for server downtime under any circumstances.
This policy was last updated on and is effective as of October 01, 2017.