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1. These Terms and Conditions govern any transactions between Customer and American Gold Exchange, Inc. (“AGE”) and supersede any oral or written statement made by AGE or any agent of AGE prior to this transaction. Customer shall not rely on any statement that is inconsistent with these Terms and Conditions.
2. Customer agrees to pay all amounts due to AGE plus taxes if applicable. Interest shall accrue on all past due amounts at the rate of eighteen percent (18%) per annum, or the maximum allowed by law, whichever is greater.
3. Customer represents and warrants the following to AGE: (a) that Customer possesses the necessary knowledge, experience and financial resources to choose to purchase coins or other metals from AGE, without reliance on any statement or information from AGE; (b) Customer has full legal authority to make this purchase from AGE without notice to, or consent from, any third party; (c) Customer’s performance of Customer’s obligations under this Agreement do not conflict with any laws, regulations, contracts, or orders to which Customer may be bound. Customer agrees to indemnify and hold AGE harmless from any costs, losses or damages (including attorney’s fees) in the event of a breach or alleged breach of any of these representations or warranties.
4. Past performance is not a guarantee of future performance. AGE guarantees that the rare coins and other items it sells are genuine. AGE expressly disclaims any other warranties with respect to coins or other items, express or implied, including the implied warranties of merchantability and fitness for a particular purpose.
5. Customer has the right to return any certified classic pre-1933 U.S. coin or other item purchased from AGE within 14 days of the invoice date, except for (a) “specials”; (b) coins removed from their original packaging; (c) any order where AGE does not receive payment within 14 days of the invoice date. In no event shall AGE’s liability to Customer for any reason whatsoever exceed refund or replacement of the coin in question, and AGE disclaims any indirect, special, incidental, or consequential losses or damages arising in any manner from any transaction between Customer and AGE.
6. Customer acknowledges that the rare coin market is speculative, unregulated and volatile, and that coin prices may rise or fall over time. AGE does not guarantee that any Customer buying for investment purposes will be able to sell for a profit in the future. While AGE may voluntarily make an offer to repurchase items from Customer, AGE is under no legal obligation to make such an offer, and AGE does not guarantee to make a market in the items it sells.
7. This Agreement contains all of the understandings and agreements between the parties with respect to the subject matter hereof and may be amended only by a writing signed by both parties.
8. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, excluding choice of law rules. Customer agrees that any legal action with respect to this transaction is barred unless commenced within one (1) year of the invoice date in a state or federal court located in Travis County, Texas. Customer (a) consents to the exclusive jurisdiction and venue of these courts; (b) waives any right to trial by jury in any such proceeding; and (c) agrees that the prevailing party in any action shall be entitled to recover its costs, including attorney's fees, from the non-prevailing party.
9. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns. AGE may assign its rights and/or obligations hereunder in its sole discretion. Customer may not assign its rights and/or obligations hereunder without the prior written consent of AGE, which consent may be withheld in AGE’s sole discretion.
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