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WELCOME TO GOLDSMITHWORKS EBAY STOREFRONT. GOLDSMITHWORKS AND MILITARY WATCH BOX LOCATED IN SUWANEE GA ARE STATE LICENSED PRECIOUS METAL DEALERS, JEWELERS, GOLDSMITH AND WATCHMAKERS, AND ARE IN$URED THROUGH JEWELERS MUTUAL. WE ARE A MEMBER OF JEWELERS OF AMERICA, THE SOCIETY OF NORTH AMERICAN GOLDSMITHS,POLYGON, THE DIAMOND NETWORK AND HOLD A MEMBERSHIP IN THE NATIONAL ASSOCIATION OF WATCH AND CLOCK COLLECTORS. OUR TOLL FREE NUMBER IS 800-438-6894
ONE YEAR YEAR GSW
LIMITED WATCH WARRANTY
1-THIS *LIMITED WARRANTY IS FREELY PROVIDED FOR ALL WATCHES SOLD BY GSW UNLESS SPECIFICALLY STATED AS NOT TO BE COVERED.
2- THIS *LIMITED WARRANTY IS FOR CLIENTS/PATRONS WHOM PURCHASE A GSW VINTAGE
WATCH RESTORATION (WATCH MAY BE PURCHASED FROM ANYWHERE OR ANYONE )
4B) GSW WILL CLEAN AND SERVICE THE MOVEMENT, RESTORE CASE; BY CLEANING, BUFFING, SANDING, FILING OR REPLATING GOLD, SILVER OR NICKEL [IN PLACE OF CHROME] IF APPLICABLE, GSW WILL PERFORM MINOR CASE REPAIRS SUCH AS REPAIRING LUG HOLES IF APPLICABLE, GSW WILL BUFF PLASTIC AND ACRYLIC CRYSTALS AND REPLACE ORDINARY SEALS.
4C) ANY STEMS, CROWNS, PLASTIC, GLASS, SAPPHIRE CRYSTALS REPLACEMENTS, SPECIAL SEAL
KITS - SUCH AS SEIKO 6105, 6309, CHRONOGRAPHS AND OTHERS- WILL BE EVALUATED UPON
INSPECTION AND NOTIFICATION WILL BE ALONG THE LINES IN PARAGRAPH 4A. A FULL REFUND WILL
APPLY IF THE PATRON DECIDES NOT TO RESTORE THEIR TIME PIECE AS STATED IN PARAGRAPH 4A.
4F) FAILURE TO SHIP THE WATCH WITHIN 14 DAYS WILL VOID THIS WARRANTY AND NO REFUND WILL BE ALLOWED.
4G) WHEN PATRON/CLIENT/CUSTOMER WHO INVESTS IN THE LIMITED WARRANTY RECEIVES THE WATCH BACK, THE ONE YEAR WARRANTY BEGINS.
INITIAL 60 DAYS (month one and two)
DAYS (month 3 4 5 and 6)
NEXT 6 MONTHS (month 7,8,9,10,11,12 )
7- After the initial 180 days (6 MONTHS), AND FOR THE NEXT 180 DAYS (6 MONTHS) you pay
40.00 service fee if an adjustment or fix with parts is necessary. If Parts are
necessary you ONLY THE COST INVOICED FOR PARTS REQUIRED.s.
8- **LIMITED WARRANTY
***PLEASE INSURE YOUR WATCH
D 1- ***GSW RECOMMENDS THAT ANY INDIVIDUAL WHO SEEKS TO HAVE A WATCH PLACED UNDER WARRANTY, OR WHO BUYS A WATCH FROM GSW, THAT THEY INSURE THEIR WATCH AND THEIR INVESTMENT IN THE CASE THAT DAMAGE IS SUCH THAT THE WATCH CANNOT BE REPAIRED. FOR GSW WATCH PATRONS WHOM PURCHASED A WATCH FROM GSW, PLEASE UTILIZE YOUR FREE APPRAISAL THAT YOU RECEIVED. IF YOU HAVE LOST THE LINK SEARCH:
9- Limitation of Liability.
B- OUTSIDE CONTROL
C) ITEMS NOT COVERED:
2- Someone other than an GSW authorized person or company opened and/or performed any
work or adjustment on the movement, crystal, pushers, parts, stem or crowns TO/OF
3- Watches ARE cleaned, serviced, repaired or sealed by anyone other than a GSW authorized person or company after receiving said watch.
4- Damage from misuse, improper care, dropping or hitting the watch against hard surface causing damage.
5- Water Is The Cause Of Damage
REPAIRS OF WATCHES WHICH WERE DAMAGED BY ACCIDENT OR FROM ANY PERSON OR COMPANY OTHER THAN AN AUTHORIZED GSW PERSON OR COMPANY
PLEASE READ/SEE: D1 INSURANCE CLAUSE ABOVE
E- GSW WILL NOT BE LIABLE FOR ANY UNAUTHORIZED REPAIR OR ALTERATION TO ANY WATCH OR WATCH ITEM.
F-EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
G- The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other legal theory (including strict liability), other than claims based on fraud or willful misconduct
H- Independent Contractor. GSW and Customer are independent contractors and nothing contained in this Agreement places GSW and Customer in the relationship of principal and agent, master and servant, partners or joint ventures. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
I- Governing Law; Jurisdiction. Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon arising from an alleged tort, shall be governed by the substantive laws of the State of Georgia, County Of Gwinnett, except that all arbitration and related proceedings conducted pursuant to Section 19(H) below, including without limitation confirmation proceedings, shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1, et. seq. .
J- Mandatory Arbitration. Notwithstanding Section 18(G) above, each party agrees that
any dispute between the parties arising out of this Agreement or in any manner relating to
the Services must be submitted by the parties to arbitration in accordance with the
Commercial Arbitration Rules of the American Arbitration Association, as administered by
Resolutions Resources Corp. of Atlanta, Georgia (or such other recognized provider of
arbitration services agreed upon by both parties) before a single arbitrator, appointed in
accordance with such rules. Any such arbitrator must render a reasoned opinion in writing
only where the amount in dispute exceeds \$100,000. Judgment upon the award may be entered
in any court having jurisdiction thereof. Any such arbitration will be held in Atlanta,
Georgia. Any action filed by either party in any court in violation of this Section should
be dismissed pursuant to this Section.
L- Headings. The headings herein are for convenience only and are not part of this Agreement.
M- Entire Agreement; Amendments. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of Customer or GSW , the terms and conditions of this Agreement shall control. No additional terms or conditions relating to the subject matter of this Agreement shall be effective unless approved in writing by any authorized representative of Customer and GSW This Agreement may not be modified or amended except by another agreement in writing executed by the parties hereto; provided, however, that these Terms of Service may be modified from time to time by GSW in its sole discretion, which modifications will be effective upon posting to GSW 's web site.
N- Severability. All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
O- Notices. All notices and demands required or contemplated hereunder by one party to the other shall be in writing and shall be deemed to have been duly made and given upon date of delivery if delivered in person or by an overnight delivery or postal service, upon receipt if delivered by facsimile the receipt of which is confirmed by the recipient, or upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses or facsimile numbers set forth IN EBAY MEMBER INFORMATION AND/OR PAY PAL MEMBER INFORMATION. Either party may change its address or facsimile number for purposes of this Agreement by notice in writing to the other party as provided herein. GSW may give written notice to Customer via e-mail to the Customer's e-mail address as maintained in GSW 's records.
P- Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
Q- Assignment; Successors. Customer may not assign or transfer this Agreement, or any of its rights or obligations hereunder, without the prior written consent of GSW Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. GSW may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of Customer. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
R- Limitation of Actions. No action, regardless of form, arising by reason of or in connection with this Agreement may be brought by either party more than 60 DAYS after the cause of the action has arisen UNLESS specifically written in a GEORGIA STATE LAW.
Q-Counterparts. If this Agreement is signed manually, it may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. If this Agreement is signed electronically, GSW records of such execution shall be presumed accurate unless proven otherwise.
R- Force Majeure. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
S- No Third-Party Beneficiaries. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights, legal or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns.
T- Government Regulations. Customer may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction Customer operates or does business.
U- Marketing. Customer agrees that during the term of this Agreement GSW may publicly refer to Customer, orally and in writing, as a customer of GSW. GSW may utilize photos of repairs, watch pictures and other items specifically to do with items sold or their warranted repairs. Any other public reference to CUSTOMER, GSW requires the written consent of Customer