TERMS & CONDITIONS
The terms and conditions contained in this Agreement shall be binding for every customer of First American Collectibles. By shipping your items to First American Collectibles (hereafter referred to as “FAC”), you are agreeing to all terms and conditions herein.
Requirements for Use
Customers must be at least eighteen (18) years of age and the actual legal owner of any Coins, Currency & Bullion, or other property sold or attempted to be sold to FAC. Every customer must be acting on his or her own behalf and not as the agent or representative of another person.
Guarantee Against Loss
FAC will guarantee against the loss or theft of the total contents properly shipped to FAC in accordance with its established instructions and procedures and subject to the terms and conditions described herein. FAC reserves the right to reject delivery of any and all mail, envelope or package which appears to be damaged, opened, or tampered with, and to return such mail, envelope or package to the customer. FAC shall have no liability to any customer for any such attempted delivery or return of such items.
Insurance Coverage Requirements
FAC can and will insure packages that are shipped on our account, with FedEx, or USPS. We must be provided with the tracking information, and proof of receipt. Packages shipped through FedEx, or USPS, must be shipped in the appropriate boxes, and double boxed for security. Packages must not state the word ( Coins, Currency, Bullion ) on the package label. FAC is not liable for packages which are left in drop boxes. All packages must be scanned and left at a physical location of FedEx, or USPS, and signed for by an employee.
Limitation of Liability
This limitation of liability shall be binding on every customer and any third party, including but not limited to the customer and the customer’s successors, assigners, insurance carriers and other individuals or entities asserting any right or claim relating to the customer’s transaction with FAC. In no event shall FAC 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 FAC be liable to any third party, including any insurance carrier. FAC shall not be liable for any subrogation claim brought by the customer’s insurance carrier; by submitting an item to FAC, 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. FAC 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 FAC in its sole discretion.
•One-third (1/3) of the appraised value of the contents according to an appraisal submitted by a customer/seller to FAC, which appraisal was issued prior to the shipment of the item to FAC
FAC 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, the customer explicitly and expressly accepts this limitation of liability.
Any customer or prospective seller may request FAC to provide a telephone or e-mail quote for his or her items after such items have arrived at FAC facility. Verbal offers may be recorded at the sole discretion of FAC. Upon a verbal acceptance by the customer of the telephone or e-mail quote, payment will be issued by FAC within twenty-four (24) hours of such acceptance.
Return Insurance Liabilities
If an item is returned to a customer, FAC will insure the item for no more than the amount offered by FAC, regardless of what it was insured for when mailed by the customer to FAC, unless FAC is otherwise notified by the customer via fax or email prior to the return shipment and the customer agrees to pay for the extra insurance requested. FAC shall, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction.
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. FAC 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 FAC 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 Florida. FAC shall be entitled to reimbursement for all costs incurred by it in defending any civil action filed or attempted to be filed in any jurisdiction outside of the State of New York, including but not limited to attorney’s.
100% Satisfaction Guarantee
If you are not 100% satisfied with our offer, you are at NO obligation to sell us your items. FAC will return ship your Items free of charge and insure it for the amount that was offered by FAC.
Customers are required to accept or deny an offer from SCD within SEVENTY-TWO (72) HOURS of the offer being made. If FAC has received no response to its offer after 72 hours, it will send the customer a check in the amount of the original offer. SCD shall have no liability for communications, electronic or otherwise, that do not reach the customer for any reason, including but not limited to incorrect email address, electronic mail spam filters, email server delivery problems, etc. FAC may but is not required to attempt additional means of communication (e.g., phone, USPS) if it suspects delivery issues with its emails.