Terms and Conditions
The terms and conditions below are legally binding on you as a user of the RecyclePlatinum™ Web site, a Platinum-Pak and/or as a customer of Lippincott, LLC (“Lippincott”) and inure to the benefit of Lippincott and its successors and assigns.
Requirements For Use
You must be at least twenty-one (21) years of age to request at Platinum-Pak, send Lippincott your items or to otherwise conduct business with Lippincott. In addition, you must be (and, by using a Platinum-Pak or sending platinum or other items to Lippincott, you represent and warrant that you are) the actual legal owner of any and all platinum or other items sold or attempted to be sold to Lippincott and acting on your own behalf and not as the agent or representative of another person. Lippincott may request documentation or other proof of compliance with these requirements.
Limitations of Liability
Lippincott will have no liability for your platinum or other property while it is in transit or otherwise in the possession or custody of any party other than Lippincott, including, without limitation, any common carrier, customs authority or postal or delivery service. You bear the risk of loss until Lippincott acknowledges receipt and verification of your items. Accordingly, you must insure your items against loss in transit to Lippincott, even if you send them in a Platinum-Pak. Do not send anything to us unless you insure it for your full anticipated value.
In the event of a loss after Lippincott acknowledges receipt and verification of your items, Lippincott’s liability to you will be limited to one-third (1/3) of the value of the lost property or Twenty-five Thousand Dollars ($25,000.00), whichever is less.
In addition, if you do not provide Lippincott with an appraisal (issued prior to the shipment to Lippincott) for the lost property, the value of your property will be the liquidation value determined by Lippincott in its sole discretion.
You expressly acknowledge and agree that if you do not provide an appraisal that was issued prior to the items being submitted to Lippincott, Lippincott's determination of value shall be conclusive and binding.
Lippincott reserves the right, in its sole discretion, to reject delivery of any mail, envelope or package that appears damaged, opened or tampered with. Any such rejected mail, envelope or package will be returned to you, and Lippincott will have no liability to you for any such attempted delivery or return of any such items.
Except as expressly provided in these terms and conditions, Lippincott will have no liability to you whatsoever, whether arising in connection with your use of the RecyclePlatinum.com™ Web site, a Platinum-Pak, loss of platinum or other property or for any other reason, including, without limitation, Lippincott's own acts or omissions. Lippincott will not be liable to you for any damages, including but not limited to, incidental, consequential, punitive, loss of profit or opportunity, other than as expressly set forth in these terms and conditions.
Offer and Acceptance
After receipt and verification of your items, Lippincott will provide a telephone or e-mail offer. Lippincott’s offer, after a physical evaluation of your items, may differ from our preliminary quote. Upon your acceptance, oral or written, of such offer, you will be legally bound by such transaction, Lippincott will be obligated to make payment and you will not have the opportunity or right to rescind the transaction or receive your items back from Lippincott. Lippincott does not provide written appraisals. Conversations and negotiations may, at the discretion of Lippincott, be monitored and/or recorded.
You expressly represent, warrant and agree that you have full and unencumbered title, and ownership of, every item that is offered for sale to Lippincott and that you have full authority to solely engage in the transaction. You agree to and will indemnify and hold harmless Lippincott from any party who claims any ownership interest in or lien on any item sold by you to Lippincott.
Return Insurance Liability Limitation
Lippincott will insure any item returned to you at the amount of two (2) times the offer made by Lippincott for such item (regardless of whether and in what amount it was insured for when mailed by you). If Lippincott receives a written request from you prior to our return shipment of your items, Lippincott will increase the amount of insurance as requested by you, provided that you also forward the sum of $20.00 to cover insurance and administrative costs. Lippincott will, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction. Except for such insurance obligation, Lippincott will have no liability whatsoever in connection with the return of any item to you.
Binding Effect
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 Lippincott. In no event will Lippincott be liable to any third party, including any insurance carrier. Lippincott will not be liable for any subrogation claim brought by your insurance carrier.
By submitting any property or Platinum-Pak to Lippincott, you expressly and specifically accept these terms and conditions, including, without limitation, the limitations of liability, and waive any subrogation claims on your behalf as well as on the behalf of your insurance carrier.
Choice of Law, Waiver, and Claims
These terms and conditions, and all RecyclePlatinum™ transactions, will be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. Lippincott'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 endeavor 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. 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 RecyclePlatinum™ or otherwise with Lippincott 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 Commonwealth of Pennsylvania. Lippincott will 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 Commonwealth of Pennsylvania, including but not limited to, attorney’s fees incurred by Lippincott.
