- CUSTOMER REPRESENTS.
By submitting precious items to PGN for purchase,
you represent that (a) you are at least 21 years of age; (b) you hold legal title
to the Items and that no other person or entity’s permission is required to transfer
title; (c) you are acting on your own behalf, and not as an agent or representative
for a third party; (d) PGN will not be violating any anti-money laundering, anti-terrorism,
or other state, federal, or local laws by purchasing your Items; (e) the Items are
free and clear of any liens, claims or other encumbrances which would affect the
value of the Items or your ability to sell them; and (f) you agree to be legally
bound by the terms and conditions contained herein (the “Agreement”).
- TYPES OF MATERIAL PURCHASED.
PGN purchases gold, silver, and platinum (“Subject
Materials”). PGN does not purchase, nor will it give any value whatsoever for, diamonds
or gemstones (“Stones”). We highly recommend that you remove any Stones prior to
shipment of Items to PGN. Upon acceptance of Settlement Offer, all Subject Materials,
Stones, or other materials submitted to PGN become the legal property of PGN. Other
than the return of Items due to (a) the rejection of Settlement Offer or (b) invocation
of the 30-Day Satisfaction Guarantee, PGN will not return any items whatsoever.
- PACKAGE PREPARATION &
- Package Preparation. In order for your submission to be considered
for acceptance by PGN you will need to activate your ProKit and submit the following
(an “Item Pack”): (i) Items. The
items containing Subject Materials (the “Items”) shall be placed within the poly-bag
provided with your ProKit; and (ii) PGN Receipt
Form. You agree to provide any and all information requested within the
PGN Receipt Form, including, but not limited to: name, address, contact information,
a 4-digit PIN, and a description of the Items. The white original of the PGN Receipt
Form must be submitted to PGN with your Items. Please keep the yellow copy of the
PGN Receipt Form, with your ProTrack Number noted thereon, as your receipt of the
PGN reserves the right to reject and return your Items if, in PGN’s sole discretion,
the description provided on the PGN Receipt Form does not match the actual Items
submitted or the information provided via PGN Receipt Form is deemed deficient in
any way, including, but not limited to, concealed shortages or quantity of items
sent for processing is incorrect. In the event that your Items are rejected, the
Transaction shall be deemed terminated and PGN shall return the Items to you without
any further liability.
- Activate Your ProKit.
Prior to shipping your Item Pack, you must
provide PGN with your ProTrack Number, name, address and other contact information
so that PGN can insure your Item Pack in accordance with these Terms and Conditions
(said process referred to hereinafter as “Activate”). You may Activate your ProKit
by: (i) going to www.ProGoldNetwork.com,
clicking on the Activate your ProKit link, and entering all required information
or (ii) calling 1-877-624-6295 to Activate via phone. PLEASE NOTE THAT YOUR ITEMS
WILL NOT BE INSURED BY PGN IF YOU DO NOT ACTIVATE YOUR PROKIT PRIOR TO SHIPMENT.
- Inbound Shipment. In order for your items to be insured and your
submission to be considered for acceptance by PGN, you must ship your Items to PGN
using the UPS envelope and shipping label provided with your ProKit. PGN will pay
the inbound shipping costs and, upon Activation, arrange insurance for the Item
Pack for the value of the Items up to $750 (all dollar amounts herein USD).
PGN reserves the right, in its sole discretion, to reject delivery of any Items
shipped to PGN in any other fashion, and you hereby acknowledge that such Items
will not be insured by PGN.
The insurance for your Item Pack does not become effective until (i) your ProKit
is Activated in accordance with Section 3(b) above and (ii) your Item Pack is accepted
by UPS for shipment and scanned into its system. Therefore, PGN highly recommends
that you deliver your Item Pack to a UPS Store and get a receipt of acceptance.
If you wish to obtain insurance for your Item Pack in excess of the insurance provided
hereunder, it is your responsibility to purchase such coverage prior to shipment.
- ProTrack Your Items. The UPS Packaging within your ProKit will contain
a UPS tracking number. Please note this number where indicated on the YELLOW COPY
of your PGN Receipt Form, as it will be your unique ProTrack Number for the duration
of the transaction. You may log-in to your personal ProTrack Page at
www.ProGoldNetwork.com using your ProTrack Number in order to track your
Items throughout the entire PGN process.
- THE PGN PROCESS.
Upon receipt of your Item Pack by PGN, you
hereby acknowledge and agree to the following terms and conditions of processing:
- Inspection of Items. The shipping envelope and the Item Pack contained
therein shall be inspected upon receipt. Your PGN Receipt Form shall be reviewed
for accuracy and completeness. In the event that PGN, in its sole discretion, deems
(i) either the envelope or Item Pack to be tampered with or damaged in any way or
(ii) your PGN Receipt Form to be inaccurate or incomplete, PGN reserves the right
to terminate the transaction and return the Items to you with no further liability.
- Appraisal of Items. Upon satisfying inspection requirements, PGN
shall appraise your Items based upon weight, karatage and other factors deemed relevant
by PGN in its sole discretion. You hereby acknowledge that the appraisal process,
depending upon the Items submitted, may require your Items incur very minor scuffs
or other de minimis abrasions in order to determine the proper value for your Items.
You hereby release PGN from any and all liability for such harm. Using the prior
business day’s 2nd London Fixed gold pricing, PGN shall calculate a dollar amount
at which it will purchase your Items (the “Settlement Offer”).
- Acceptance of Settlement Offer.
Upon Settlement Offer determination, PGN will
post your Settlement Offer on-line (“Settlement Post Date”) and attempt to alert
you via email or customer service representative that your Settlement Offer has
been posted on your secure ProTrack Page where you may log-in using the 4-digit
PIN you submitted on your PGN Receipt Form and either accept or decline the Settlement
Offer. In the event you neither accept nor decline your Settlement Offer via your
ProTrack Page within two (2) business days of the Settlement Post Date, PGN will
attempt to contact you a second time to have you accept or reject the Settlement
Offer. If you accept the Settlement Offer, you shall receive your Settlement Payment
via your chosen Method of Payment. If you reject the Settlement Offer, PGN will
return your Items to the address on file in our system. In the event that your Settlement
Offer is not rejected within five (5) business days of the Settlement Post Date,
the Settlement Offer will be deemed accepted and PGN will issue a Company Check
in the amount of the Settlement Offer and mail it via USPS First Class Mail to the
address on file in our system.
- Method of Payment. You may request your Settlement Payment be paid
via one of PGN’s approved payment methods: (i) Company Check mailed to you via USPS
First Class Mail; (ii) Company Check mailed to you via UPS Next Day Air (expedited
shipping fees will be deducted from your Settlement Offer); (iii) Direct Deposit
into your Bank Account (bank fees will be deducted from your Settlement Offer);
or (iv) Direct Deposit into your PayPal Account (PayPal transaction fees will be
deducted from your Settlement Offer); provided however, Direct Deposit options (iii)
and (iv) above, for customer service and satisfaction purposes, may only be requested
via the on-line acceptance process. If, for whatever reason, you fail to select
an option, you shall receive your Settlement Payment by Company Check mailed to
you via USPS. If you select the PayPal option above, you acknowledge that PGN must
abide by, and has no control over, PayPal’s then current terms and conditions which
control PGN’s interaction with, and your use of, your PayPal Account. Settlement
Payment shall be defined herein as the amount equal to the Settlement Offer minus
the applicable payment fees, if any, noted in the options above.
- 30-DAY SATISFACTION GUARANTEE.
PGN will hold your Items for 30 days from your
Settlement Post Date (the “Guarantee Period”) to ensure your complete satisfaction
with our process. In the event you are dissatisfied with the PGN Process for any
reason, PGN will return your Items if, prior to the expiration of the Guarantee
Period, you deliver the following to PGN at the Notice Address noted below: (a)
written notice of your election to cancel the transaction and (b) a Money Order
or Certified Check which clears PGN’s bank account for the full amount of the Settlement
Offer (i.e. Settlement Payment, plus applicable payment delivery fees, if any, originally
deducted from Settlement Offer), or alternatively, the untendered Settlement Payment
check issued to you by PGN via USPS First Class Mail. If the requirements of this
Section 5 are met, PGN shall return your Items to the address on file in our system.
Upon the expiration of the Guarantee Period, you understand and agree that the transaction
is deemed final and the Items shall be sent to our refinery for irreversible processing.
The PGN Notice Address is as follows: PMRS, LLC, P.O. BOX 71545, MADISON HEIGHTS,
MI 48071-1545. Please do not send Items for purchase to this address as delivery
will not be accepted.
- RETURN SHIPMENTS.
PGN shall pay the shipping costs for all Items
returned to you hereunder (“Return Shipments”). All Return Shipments shall be insured,
at PGN’s expense, for the value of the Items up to $750. In the unlikely event your
Return Shipment is lost/damaged in transit, you must notify PGN by calling the Customer
Service Number on your PGN Receipt Form. PGN will file a lost/damaged package claim
with our third-party insurer for the insured amount. Our third-party insurer will
investigate the claim and issue an independent ruling. PGN will then forward any
proceeds it receives from such a claim to you upon receipt.
- LIMITATION ON LIABILITY.
YOU AGREE THAT UNDER
NO CIRCUMSTANCES SHALL THE LEGAL LIABILITY OF PGN TO YOU FOR ANY CLAIMS OR ACTIONS
FOR LOST, DAMAGED, OR DESTROYED ITEMS EXCEED THE LESSER OF THE SETTLEMENT OFFER
OR $750 PER TRANSACTION. YOU AGREE THAT PGN SHALL NOT BE LIABLE FOR (a) INCIDENTAL,
SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNATIVE DAMAGES, LOST PROFITS, OR LOSS OF OPPORTUNITY;
(b) CLAIMS, DEMANDS, OR ACTIONS FOR ANY SUBROGATION CLAIM BROUGHT BY YOUR INSURANCE
CARRIER. FURTHERMORE, YOU EXPRESSLY WAIVE ANY SUBROGATION CLAIM ON YOUR BEHALF,
AS WELL AS ON BEHALF OF YOUR INSURANCE CARRIER. THIS LIMITATION OF LIABILITY SHALL
BE BINDING ON YOU AND ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, YOU AND YOUR
SUCCESSORS, ASSIGNS, INSURANCE CARRIERS, AND ANY OTHER INDIVIDUAL ENTITY ASSERTING
ANY RIGHT OR CLAIM RELATING TO YOUR TRANSACTION. BY SUBMITTING THE ITEMS, YOU EXPLICITY
AND EXPRESSLY ACCEPT THIS LIMITATION OF LIABILITY.
PGN has the utmost respect for your privacy.
PGN will neither sell nor rent any personal information provided by you during this
Transaction. Nor will PGN disclose such personal information with third parties,
other than as required to fulfill its obligations hereunder. For further details,
please go to www.ProGoldNetwork.com to review a complete copy of the PGN Privacy
Policy. PGN is in compliance with any and all federal and state data privacy laws.
Furthermore, PGN has an anti-money laundering policy in effect and is in full compliance
with the USA Patriot Act provisions relating to transactions involving precious
This Agreement shall be governed by the laws
of the State of Michigan without regard to its conflict of law provisions. If any
provision of this Agreement shall be held void, illegal, unenforceable, or in conflict
with any law of a Federal, State, or local Government having jurisdiction over this
Agreement, 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, your use of the services offered by PGN 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 or federal courts located in Oakland
County, State of Michigan. You expressly agree that any such court has personal
jurisdiction over you and waive all defenses of lack of personal jurisdiction and
forum non-conveniens. PGN 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 State of Michigan, including but not limited to, attorney's
fees incurred by PGN. PGN'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.
- APPLICABILITY OF TERMS.
These general terms and conditions (“General
Terms”) are effective as of February 1, 2010; provided however, PGN reserves the
right, in its sole discretion, to revise these General Terms at any time and such
revisions would be effective as of the date they are posted to
www.progoldnetwork.com. Furthermore, in case of any conflict between the
English version and the Spanish version, or any other translated version of these
terms and conditions, the English version will govern and control. All correspondence,
documents and communications of any kind made under or in furtherance of these terms
and conditions, shall be made in the English language. For avoidance of all doubt,
the General Terms effective on the date your Items are received by PGN are the General
Terms which shall govern and control the transaction. Please visit
www.progoldnetwork.com and click on the Terms and Conditions link to get
a copy of the most recent General Terms. You may also request a copy via e-mail
or via phone at 1-877-624-6295.