Terms and Conditions of Sale
1 General Terms and Conditions:
The Terms and Conditions as set forth in this contract shall govern all aspects, elements and conditions of any purchase from Gold Rush Expeditions, Inc. and its affiliates.
By making payment, deposit or other valuable consideration to Gold Rush Expeditions, Inc and or its affiliates, the Purchaser/Client clearly states that they received copy of and have read same agreement. This agreement to dictate all terms and conditions of the Sale completely.
Further they have full and clear understanding of all elements of the Terms and Conditions of the Sale. Further, they have been advised by Gold Rush Expeditions, Inc. and its affiliates to seek legal counsel and advice prior to entering into any transaction with Gold Rush Expeditions, Inc. and or its affiliates.
This agreement is to serve as a legal and binding agreement between Gold Rush Expeditions, Inc. and its affiliates and any client or Purchaser of Gold Rush Expeditions, Inc. goods or services. A client identified as any person who indicates interest or has made a purchase of any of the goods, services or products as offered by Gold Rush Expeditions, Inc.
Except as otherwise agreed to by Gold Rush Expeditions, Inc. in writing, the terms and conditions set forth herein, shall constitute the complete and final agreement between Gold Rush Expeditions, Inc. and Purchaser/Client (hereinafter, this “Agreement”), superseding completely any prior oral or written communications.
The Purchaser/Client and Gold Rush Expeditions, Inc. and its affiliates acknowledge agree and understand the description and definition and rights and limitations of a Mineral Claim. The Purchaser/Client and Gold Rush Expeditions, Inc. and its affiliates have done their due diligence and are fully informed and advised of the implications of the terms established here as well as external obligations imposed by state and federal agencies which are included with the purchase of a mineral claim.
The Purchaser/Client and Gold Rush Expeditions, Inc. and its affiliates understand and agree that the purchase of a Mineral claim is a simple transaction and there is no speculative investment or investment of any sort either implied or attached to said transaction.
Although Gold Rush Expeditions, Inc. has taken reasonable care that the information contained on its website or delivered to you by e-mail, if any, is accurate at the time of publication, such information is provided “as is” for
only informational purposes as of the date of publication, and no representation or warranty (including liability towards third parties), expressed or implied, is made (or accepted) as to its accuracy or completeness or fitness for any purpose by Gold Rush Expeditions, Inc. or its affiliates.
Under no circumstances will Gold Rush Expeditions, Inc. or its affiliates be liable for any direct, indirect, incidental, special or consequential loss or damage caused by reliance on this information or for the risks inherent in the Mineral and Mining fields. Information regarding the past performance of a Mineral Claim is not necessarily indicative of the future performance of that or any other Mineral Claim. The value of Gold, Silver and other locatable minerals may fall as well as rise.
2 Valuation of Mineral Properties
The Purchaser and Seller hereby acknowledge, understand and agree that Mineral Claim(s) are a tangible asset with real value. Mineral claims are and have been acknowledged by the US Department of the Interior as Real Property. The valuation of these mineral claims is subjective to many elements such as market, scarcity, commodity, and condition. Gold Rush Expeditions, Inc. has defined pricing for these mineral claims based on experience in sales and marketing of mineral claims.
3 Ownership of Mineral Claims:
Gold Rush Expeditions, Inc. is the legal owner of the Mineral Claim(s) defined in this contract. Gold Rush Expeditions, Inc. is the sole owner of the Mineral Claim(s) in question. There are no other known encumbrances on the Mineral Claim(s).
4 Diligence of Purchaser:
Purchaser asserts and conveys to the seller that they have executed and completed his/her own due diligence and has a clear understanding of the rights and restrictions entailed with the transfer and ownership of said Mineral Claim(s) being purchased.
5 Terms and Conditions as Legal and Binding
The Purchaser and the Seller understand and agree to be bound by the conditions and terms contained in this Contract; legally binding and non-negotiable document, admissible into any legal proceedings;
a. WHEREAS, the Purchaser and the Seller understand and agree that the terms and conditions of the sale document is a legally binding and non-negotiable document, admissible into any legal proceedings;
b. WHEREAS, the Purchaser and the Seller are entering into this contract of their own free will under no duress or threat of any sort;
5.1 Duration of Terms and Conditions
The Purchaser and Seller have entered into this contract and agreed to be mutually bound by it from today’s date, and to be bound in perpetuity, beyond any time or date.
6 Items of Conveyance and Terms of same
Gold Rush Expeditions Inc. offers Mineral Claims and associated services related to the upkeep and preservation of those mineral claims. These mineral claims are valuable commodities that are irreplaceable by nature. As such, the value of these properties is established at the sole discretion of the owner of the Mineral Claims.
The Purchaser hereby acknowledges, understands and agrees that purchase of Mineral Claim(s) from the seller will provide Purchaser with Mineral rights to all lodes, minerals and/or gems that may be located on the Claim and/or underground as accessed by the tunnels, as defined by the United States Department of the Interior and the Bureau of Land Management.
6.1 Administration of Goods and Products:
The Purchaser hereby acknowledges, understands and agrees that all Mineral Claims owned by Gold Rush Expeditions, Inc. are administered by the DOI, specifically the BLM.
The Purchaser hereby acknowledges, understands and agrees that the BLM and/or FS may modify or change land status, rules or regulations as defined by law and that Gold Rush Expeditions, Inc. bears no liability for any change in status of said Mineral Claim beyond the original transfer from Gold Rush Expeditions, Inc. to the Client/Purchaser.
6.2 Ownership and Interest:
The Client/Purchaser acknowledges, understands and agrees that Gold Rush Expeditions, Inc. sale and or conveyance of Mineral Claims to the Purchaser gives said purchaser 100% interest in the locatable mineral deposits located on the mining claim as it is written.
The Purchaser hereby acknowledges, understands and agrees that Gold Rush Expeditions, Inc. has faithfully completed all due diligence in relation to the claims and that the BLM has accepted and recorded the said Mineral Claims.
6.2.1 Documentation of Goods and Associated Costs:
The sale and transfer of Mineral Claims must be recorded and recognized by both the land manager of the said claim, as well as the County in which the said Mineral Claim(s) reside. There are specific costs related to the execution of this documentation on behalf of the Client/Purchaser.
For an established flat rate, known as the Documentation Fee, the seller will execute, mail, record and complete all legal documentation related to the transfer of the Mineral Claim(s) from the seller to the purchaser. Payment of the Documentation fee is mandatory with any Mineral Claim purchase made from Gold Rush Expeditions, Inc. The Purchaser hereby acknowledges, understands and agrees to pay documentation fees for said Mineral Claim(s) as follows:
a. Documentation fees assessed by GRE, Inc. shall be in the amount of $349.00 (three hundred and forty nine dollars and no cents) for the first Mineral Claim and $249.00(two hundred and forty nine dollars and no cents) for each additional claim(s) contained within a single transaction.
b. The Purchaser hereby acknowledges, understands and agrees that the aforementioned documentation costs will cover all costs of filing of required documents with the Bureau of Land Management, respective County and any other government entities as related to the transfer of the claim.
6.3 ADMINISTRATION OF ANNUAL ASSSESSMENTS:
The Purchaser hereby acknowledges, understands and agrees that all Mineral Claims, including the Mineral Claims being transferred in this purchase, require an annual assessment, payable to the Bureau of Land Management and respective counties to retain ownership of said Mineral Claims.
a. Specifically that all Mineral Claims must have “annual assessments” paid to the BLM and County Recording Agencies each year on or before September 1st.
b. The Purchaser acknowledges, understands and agrees that the Seller has not paid any Annual Assessments for the Mineral Claim(s) referenced in this document.
c. The Purchaser acknowledges, understands and agrees that the Seller is only responsible for assessments or payments required in the initial filing of said Mineral Claim and.
d. The Purchaser acknowledges, understands and agrees that the seller has made no payments of Annual Assessment or waivers to extend any mineral claims beyond September 1st of the current year.
e. Purchaser and Seller acknowledge, understand and agree that all ownership and interest in said Mineral Claims will expire and be closed if the “Annual Assessments” are not paid to the BLM each and every year by September 1st.
f. Purchaser acknowledges, understands and agrees that Purchaser shall be fully responsible for paying any annual assessments or other fees or impositions related to the Claim following Seller’s transfer of the Claim to Purchaser.
g. The Purchaser acknowledges, understands and agrees that should he/she fail to make the required Annual Assessment payments, the Mineral Claims noted in this contract will be cancelled and nullified by the governing Agency.
h. Purchaser and Seller acknowledge, understand and agree that should the Purchaser relinquish interest in the aforementioned Mineral Claims, either in writing, by failing to make the required Annual Assessment payments, or by failing to acknowledge correspondence from the BLM, Gold Rush Expeditions, Inc. may immediately file mineral claim on the land that is in question.
6.4 ACCESS TO MINERAL CLAIM:
The Purchaser hereby acknowledges, understands and agrees that there is no guarantee of access by road or trails to the aforementioned mineral claims. Mineral claims may be “land locked” by private or federal land designations.
a. It is the responsibility of the Purchaser to define and acquire access as required.
b. The routes or methods that the Seller utilized to access the mineral claim do not imply any rights or access to the Purchaser.
6.5 STRUCTURES, RELICS AND OTHER ITEMS:
The Purchaser hereby acknowledges, understands and agrees that there is no ownership, transferred or implied, for any items, relics, structures or improvements which may exist on or within the aforementioned mining claims.
6.6 LAND STATUS:
The Purchaser acknowledges, understands and agrees that in some circumstances, the land manager (BLM, FS, or other DOI Agency) may modify the status of the said claims in accordance with state or federal laws, regulations and guidance.
The purchaser acknowledges that the Seller has extended tremendous time and effort to verify and validate the product and mineral claims it offers for sale. The purchaser also acknowledges that errors and omissions may occur which could impact the status of the Mining Claim being sold, even to the point of the mineral claim being declared null and void. The purchaser agrees to hold harmless, The Seller, Gold
Rush Expeditions, Inc.. The seller bears no responsibility or liability for any actions taken by any state or federal agencies in relation to the aforementioned Mineral Claims after the date of the sale.
7 Payments and Deposits
7.1 DEPOSIT TO SECURE INTEREST:
In order to secure immediate interest in said Mineral Claims, the Client/Purchaser may remit a deposit in the amount of $1000.00 (one thousand dollars and no cents).
a. This contract will not be considered valid or active without the aforementioned deposit.
b. Until the time that said deposit is received by seller, the mineral claim(s) in question may be sold to other interested parties at the seller’s discretion.
c. The Client/Purchaser will have no interest in the said mineral claim(s) until said deposit has been received by the Seller.
7.2 DEPOSIT TERMS:
THIS CONTRACT WILL NOT BE ACCEPTED OR CONSIDERED VALID BY EITHER PARTY UNLESS ACCOMPAINIONED BY THE AFOREMENTIONED DEPOSIT (SECTION 1.3.3).
a. Upon receipt of deposit by seller, the Purchaser acknowledges, agrees and understands that the remaining balance due must be paid within seven (7) days unless otherwise documented and attached to this contract.
b. In the case of seller financing, a full down payment equal to at least 25% of the purchase price must be received.
c. In the event the remaining balance is not received within the 7 day period, the Purchaser acknowledges, understands and agrees that DEPOSIT WILL BE FORFIET WITH NO MONIES RETURNED TO THE PURCHASER. THIS CONTRACT WILL BE CONSIDERED NULL AND VOID. The deposit will be considered payment for time that products were off market, and to cover general costs associated with preparation of the documents and processes related to the transfer.
8 PURCHASE VERIFICATION AND VALIDATION:
The Purchaser will have 30 (thirty) days, including weekends and holidays, from the date of Purchase to verify and validate any transaction conducted with the seller. This includes verification of location, stakings, documentation, personal information and any other elements which might be pertinent to this Mineral Claim and the associated documentation.
a. Client/Purchaser acknowledges that Seller has made all reasonable efforts to verify accuracy of said mineral claim(s). In the case of errors or issues within the aforementioned 30 (thirty) days, the seller may, at their discretion, offer compensation in the form of credits or other mineral claims of equal or greater value.
b. The seller hereby directs the Client/Purchaser to verify all aspects of their purchase within 30 (thirty) days of payment received.
c. If the purchaser has not performed an inspection of the mineral claim, documentation or other goods or services within 30 (thirty) days of the execution of this contract, the seller will be held harmless and in no way liable for any mistakes, errors or omissions, intentional or otherwise regarding the transaction.
d. The Seller shall not be held liable for any costs or damages incurred during the execution of verification and validation of any transaction. This includes, but is not limited to:
i. Cost of goods, fuel, services in relation to verification.
ii. Property of any sort that may be used in conjunction with or in support of the extraction or examination of minerals at said mining claim.
iii. Any other actions regarding the property, including operations, re-sale or assignment and or leases.
8.1 Documentation Clause:
In the case of any inaccuracies or any other issues in documentation provided with the mineral claim transaction which may arise within one year from the date of this Agreement, the Purchaser will immediately provide written notice of such information to the seller. After receiving the written notice from Purchaser, the seller, at its sole discretion, will make any revisions, modifications or other required actions on behalf of the Purchaser at no cost to the Purchaser.
After a period of one year from the date of this Agreement, the seller will no longer have any liability or legal responsibility for any concerns, problems or any other issues concerning the documentation of mineral claims defined in this Agreement, regardless of the circumstances giving rise to the issues.
The Purchaser acknowledges, understands and agrees that after one year from the date of this Contract, the seller will not be required to execute any actions or documents for any reason without reasonable and fair compensation as defined by the seller.
9 ACCEPTANCE OF TERMS AND CONFIDENTIALITY:
9.1 FULL UNDERSTANDING OF TERMS AND CONDITIONS:
The Purchaser accepts and agrees that this agreement has been made with the seller under no duress and with full understanding of all terms.
a. The Client/Purchaser accepts and understands that this agreement in is relation to the transfer of a Mineral Claim as a valuable and tangible asset as defined by the US Department of the Interior.
b. The Client/Purchaser acknowledges that any other agreements, leases, options, or other monetary items of interest in relation to the aforementioned Mineral Claim will be made at the sole discretion of the Purchaser.
c. The seller takes no accountability or liability for any other agreements made by the Client/Purchaser or the Client/Purchaser’s agents.
d. The seller will only address concerns or items in relation to the aforementioned claim with the aforementioned Client/Purchaser named in transaction documentation. Information regarding the aforementioned Mineral Claim, including coordinates, boundaries will not be disclosed to any other parties or affiliates.
e. Any other pertinent details to this mineral claim(s) will not be discussed or disclosed by the seller to anyone other than the Client/Purchaser.
10 REPRESENTATIONS AND WARRANTIES:
The purchaser and seller, both of sound mind and body, represent the following statement and details to be true and accurate to the best of their knowledge.
10.1 REPRESENTATION BY PURCHASER:
Purchaser represents and warrants to Seller the following, all of which Purchaser represents to be true and accurate.
a. If Client/Purchaser is a corporation, limited liability Company, partnership, trust, estate or other legal entity. Purchaser, and the individual agent or representative of Client/Purchaser, has the requisite power and authority to enter into this Agreement on behalf of Client/Purchaser, and to perform the covenants, duties and obligations of Client/Purchaser as set forth in this Agreement;
b. The execution of this Agreement by Client/Purchaser and the consummation of the transaction contemplated herein, has been duly authorized in accordance with Purchaser’s legal requirements, and no further consents or authorizations are needed by Purchaser in order to enter into this Agreement;
c. Client/Purchaser has not relied upon any oral or written statements by Seller with respect to the Claim being transferred, nor has it relied upon any representations or statements, whether oral or written, concerning the value or potential value of the Claim, or any lodes, minerals or gems, or their values, with respect to the Claim, or any other written or oral representation other than what is set forth in this Agreement;
d. Purchaser has conducted its own diligence with respect to the Claim, and that it is entering into this Agreement after it has had an opportunity to conduct its own due diligence, and to engage the services of an attorney to assist Purchaser with entering into this transaction.
e. The purchaser acknowledges that the Seller has extended tremendous time and effort to verify and validate the product and mineral claims it offers for sale. The purchaser also
acknowledges that errors and omissions may occur which could impact the status of the Mining Claim being sold, even to the point of the mineral claim being declared null and void. The purchaser agrees to hold harmless, The Seller, Gold Rush Expeditions, Inc. The seller bears no responsibility or liability for any actions taken by any state or federal agencies in relation to the aforementioned Mineral Claims after the date of the sale.
10.2 REPRESENTATION BY SELLER:
Seller represents and warrants to Client/Purchaser the following; all of which Seller represents to be true and accurate as of the date of this Agreement:
a. Seller has the requisite power and authority to enter into this Agreement and to perform the covenants, duties and obligations of Seller as set forth in this Agreement; and
b. The execution of this Agreement by Seller and the consummation of the transaction contemplated herein, has been duly authorized and approved by Seller, and no further or additional authorizations, approvals or acts are necessary for Seller to obtain in order to enter into this Agreement.
c. Each party agrees and acknowledges that NO REPRESENTATION in this Agreement, or otherwise in writing or verbally, has been made by Seller (or its agents or representatives) to Client/Purchaser and its agents and representatives regarding:
i. The existence and/or amount of mineral deposits in the geographic area covered by the Claim
ii. Any water rights related to or associated with the Claim, or the ability to use any water right for mining the Claim.
iii. The safety, feasibility or legality of extracting minerals from the Claim,
iv. Safety, feasibility or legality of complying with the laws and regulations with respect to the actual act of extracting minerals from the Claim;
v. The transferability of the Claim to third parties;
10.2.1 DUE DILLEGENCES:
Purchaser acknowledges and understands that all efforts have been made to verify the status of the land and the claim.
a. The Seller has used all tools that are available and followed internal rules and procedures to verify all aspects of the sellers Goods, Services and/or Products.
b. All efforts have been made in good faith to establish the Goods, Services and/or Products as legal for sale and transfer with no encumbrances.
c. The Purchaser has also executed his/her own due diligences in researching the Sellers Goods, Services and/or Products.
10.2.2 ERRORS AND OMMISSIONS:
Seller has acquired Goods, Services and/or Products according to the state and county regulations and laws as defined by said state and counties.
The purchaser acknowledges that the Seller has extended tremendous time and effort to verify and validate the product and mineral claims it offers for sale. The purchaser also acknowledges that errors and omissions may occur which could impact the status of the Mining Claim being sold, even to the point of the mineral claim being declared null and void. The purchaser agrees to hold harmless, The Seller, Gold Rush Expeditions, Inc. The seller bears no responsibility or liability for any actions taken by any state or federal agencies in relation to the aforementioned Mineral Claims after the date of the sale.
Seller has researched state specific BLM and Department of Interior Mineral Claim requirements and made every effort to execute Mineral Claim in strict adherence to same requirements. In the case of any errors in paperwork, the seller will modify and correct documents for up to one (1) year at no cost to Purchaser.
a. Any errors or omissions in paperwork will be modified by seller at no cost for up to one (1) year upon written notice of error and or omission to Seller by Purchaser.
b. In the case of errors or other omissions, Purchaser acknowledges the good faith effort of the seller and vows to notify seller immediately of any issues with aforementioned claim.
11 Refunds and Returns:
Purchaser understands acknowledges and agrees that the item offered for purchase, is real property as recognized by the Federal Government of the United States of America.
The Purchaser also understands, acknowledges and agrees that because of the inherent nature of the transfer of such an item, it is not possible for the seller to execute a return or refund in a standard method.
To mitigate this issue and provide excellent customer service, the Purchaser agrees to the following terms regarding the sale and return policy of the seller as noted in items a-i below:
a. Purchaser understands acknowledges and agrees that the seller will make NO MONETARY (CASH) refunds under any circumstances.
b. Purchaser understands, acknowledges and agrees that even in the case of Seller error, there will be no monetary (CASH) refunds.
c. Purchaser understands acknowledges and agrees that the Seller will provide in house credit for amounts paid in the case of seller error.
d. Purchaser understands acknowledges and agrees that any request for return must be made in writing and delivered physically (Mail or otherwise) to Gold Rush Expeditions, Inc.
e. Purchaser understands acknowledges and agrees that Gold Rush Expeditions, Inc. will not process any email or phone requests for returns.
f. Purchaser understands acknowledges and agrees that they have been provided with a
current copy of Gold Rush Expeditions, Inc. Returns policy.
g. Purchaser understands acknowledges and agrees that they will abide and be bound by the Gold Rush Expeditions, Inc. Returns policy.
h. Purchaser understands acknowledges and agrees that in the case that seller error results in purchaser no longer having ownership or control of aforementioned mineral claims, the seller will provide a credit for the amount paid for the aforementioned mineral claims.
i. Purchaser understands acknowledges and agrees that documentation fees will not be credited as a part of any refund, return or exchange.
11.1 RETURNS AND EXCHANGES:
Purchaser understands acknowledges and agrees that in the case of seller error or negligence, Gold Rush Expeditions, Inc. will offer a credit or exchange for an item of equal or lesser value. Credits or exchanges will be given at the discretion of Gold Rush Expeditions, Inc.
Credits and exchanges will not, under any circumstances, apply to items purchased on eBay. Further, Credits and exchanges will not, under any circumstances, be applied to items listed on eBay.
a. Purchaser understands, acknowledges, and agrees that the offer of a credit or exchange is solely at the discretion of Gold Rush Expeditions, Inc. and is made without admission of fault or negligence.
b. Purchaser understands, acknowledges, and agrees that in the case of Credits or Exchanges, the purchaser must provide evidence that the mineral claims are in the exact condition in which they were received.
c. Purchaser understands, acknowledges, and agrees that any work completed or started on said mineral claims will negate any return or exchange of said Mineral Claims.
d. Work or modifications that would immediately eliminate the opportunity for trade or exchange would be as follows:
i. Sampling or drilling on said claim
ii. Removal, by any party, of any structures or items which may have existed on the mineral claim.
iii. Reclamation, by any party, of adits, shafts or portals on the mineral claim.
iv. Removal, by any party, of minerals, deposits or other valuable considerations on the mineral claim.
In the case of credits issued by Gold Rush Expeditions, Inc., there are specific criteria binding to those credits. Purchaser understands acknowledges and agrees to these criteria and agrees to be held by this criterion.
a. Credits have no cash value.
b. Credits are linked to the customer for whom they are issued.
c. Credits cannot be transferred or sold.
d. Credits may not be used on eBay or other auction sales.
e. Credits are not valid for mining claims listed on eBay.
f. Credits are valid for Mining claims and services on Gold Rush Expeditions website only.
g. Credits will expire one (1) year from the date of issue.
h. It is the responsibility of the holder of the credit to execute the credit before its expiration.
i. Once said credit has expired, that credit will have no cash value or redemption value.
To the extent any provision or provisions of this Agreement or the application of such provision or provisions to any person or circumstance shall be held invalid, the remainder of this Agreement, or the application of such provision or provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.
Any waiver of any term or condition of this Agreement, or of the breach of any covenant, representation or warranty contained herein, in any instance or instances, shall not operate as, or be deemed to be or construed as a further or continuing waiver of such term, condition or breach of covenant, representation or warranty.
Further, nor shall any failure at any time or times to enforce or require performance of any provision hereof operate as a waiver of or affect in any manner such Party’s right at a later time to enforce or require performance of such provision or of any other provision hereof; and no such written waiver, unless it, by its own terms, explicitly provides to the contrary, shall be construed to effect a continuing waiver of the provision being waived. No such waiver in any instance shall constitute a waiver in any other instance or for any other purpose or impair the right of the Party against whom such waiver is claimed in all other instances or for all other purposes to require full compliance with such provision.
14 NO THIRD PARTY BENEFICIARY:
Neither this Agreement nor any provision hereof, attachment hereto or document delivered or executed herewith, shall create any right in favor of or impose any obligation upon any person or entity other than the Parties hereto.
Any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either Party hereto, Purchaser or Seller, by the other Party hereto shall be, unless otherwise required by law, in writing and deemed duly served and given when delivered or mailed, postage prepaid, certified mail, return receipt requested. Mailings and correspondence will only be mailed to the addresses as defined below:
CORRESPONDANCE TO SELLER:
Gold Rush Expeditions, Inc. 331 S Rio Grande Street Suite 201
Salt Lake City, Utah 84101 385-218-2138
Neither this Agreement nor any right or interest in it may be assigned by either Party to any other person or entity without the express written consent of the other Party to this Agreement.
17 GOVERNING LAW:
This Agreement shall be governed and all rights and liabilities under it determined in accordance with the laws of the State of Utah in effect on this date.
Each Party shall pay all costs and expenses incurred by it in negotiating and preparing this Agreement and in closing and carrying out the transactions contemplated herein and hereby.
19 DISPUTE RESOLUTION AND MEDIATION:
ANY DISPUTE RELATING TO THIS AGREEMENT, OR THE TRANSFER OF THE CLAIM HEREUNDER, SHALL FIRST BE SUBMITTED TO MEDIATION. THE PARTIES SHALL JOINTLY APPOINT AN ACCEPTABLE MEDIATOR LOCATED WITHIN THE STATE OF UTAH AND THE MEDIATION SHALL TAKE PLACE IN THE STATE OF UTAH, SALT LAKE COUNTY. EACH PARTY SHALL SHARE EQUALLY THE COST OF MEDIATION, INCLUDING THE COST OF THE MEDIATOR. IF MEDIATION FAILS, EITHER PARTY MAY PURSUE THE REMEDIES SET FORTH IN PARAGRAPH 19
BELOW. THE REMEDIES SET FORTH IN PARAGRAPH 19 SHALL BE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO THE PARTY RELATED TO THE BREACH OF THIS AGREEMENT OR THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT.
If Mediation, as described above in section 19, is unsuccessful, such dispute, any party shall, upon request by either party, submit the dispute to arbitration under the Rules of the American Arbitration Association rules for commercial disputes, as then in effect. Such arbitration shall be conducted in Salt Lake City, Utah with one arbitrator. The arbitrator shall be prohibited from awarding punitive or exemplary damages and consequential damages, and the value of any award by the arbitrator shall not exceed the Purchase Price of the Claim. The parties further agree that the arbitrator shall not award attorney’s fees or costs to the prevailing party. The parties agree that the decision of the arbitrator shall be final and binding as to each of them. The party against whom the award is rendered shall pay any monetary award and/or comply with the order of the arbitrator within sixty (60) days of the entry of a judgment on the award.
20 Confidential Information
All non-public, confidential or proprietary information of the Client/Purchaser, including, but not limited to, specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, pricing, discounts or rebates, disclosed by Client/Purchaser to Gold Rush Expeditions, Inc., whether disclosed orally or disclosed or accessed in written, electronic, or other form or media, and whether or not marked, designated or otherwise identified as “confidential,” in connection with any transaction, is confidential, solely for the use of performing any transaction or sale and may not be disclosed or copied unless authorized by Gold Rush Expeditions, Inc. in writing.
Upon Client/Purchaser’s request, Seller shall promptly return all documents and other materials received from Client/Purchaser. Client/Purchaser shall be entitled to injunctive relief for any violation of this Section. This Section shall not apply to information that is: (a) in the public domain; (b) rightfully and legally known to the Seller at the time of disclosure; or (c) rightfully and legally obtained by the Seller on a non-confidential basis from a third party.
21 ENTIRE AGREEMENT AND CONTRACT:
The Terms and Conditions set forth in this agreement constitute the entire agreement between Client/Purchaser and Seller respecting the transfer of any goods, services or products. Any agreement or representation respecting the transfer of any goods, services or products by Seller to Purchaser, whether orally or in writing, not expressly set forth in this instrument is null and void.
Official Gold Rush Expeditions, Inc. Returns/Exchange Policy
REV 1.5 EFFECTIVE 12/30/2016
Our customers are our most valuable asset at Gold Rush Expeditions, Inc. It is our goal to achieve a 100% Satisfaction rating with our customers. To meet this goal we feel it is important for our customers to have a clear understanding of Gold Rush Policies and Procedures and how they relate to returns.
The following documentation relates to Gold Rush Expeditions, Inc. Customers only and is an integral part of the Gold Rush Expeditions, Inc. “GRE Guarantee”.
As with any product, we understand that there are times when a purchase is not as expected or there are other issues that may cause the individual customer to request a refund for the item that was received. Due to the nature of Gold Rush Expeditions, Inc.’s products, specifically Mining Claims, there are specific steps and processes that must be followed to execute any return.
A vital component to any return is to first understand the product that is being purchased and the expectations that can be associated with that purchase. If you have any questions or need clarification on the terms or conditions of the items transferred, please be sure to reference your Purchase Agreement that was executed as part of your original purchase. If you need a copy of this document, please make your request to our Salt Lake City Office. It will be mailed or emailed to you at no cost.
The Gold Rush Guarantee is a Guarantee of your Mining Claim purchase only. It assures that your mining claim is exactly where it has been represented to be. It guarantees that you will be the owner of that said mining claim with no encumbrances or liens.
If you feel that a return is warranted, we want to help you in every way possible. Please note the steps defined below and the criteria required. Should you need any assistance in locating documents or other information, please call our office during normal business hours or email us directly at firstname.lastname@example.org
Here are a few key elements of the Returns Policy that may assist you in determining if your claim is eligible for a return or inclusion in our Guarantee Program.
1. Returns may be accepted for up to thirty (30) days from the purchase date. After the first 30 days, returns may be accepted on a case by case basis.
2. Gold Rush Expeditions, Inc. is not responsible for any external elements of the mining claim purchase. This includes any structures, buildings, relics, artifacts, implements or other surface items. In the case that a physical structure, item or implement is no longer on the claim is not a cause for return.
3. BLM, Forest Service or other land manager interference is not sufficient cause for a return. In the case that you have any issues arise with land managers, please contact our office immediately. We can help you mitigate most issues as long as they fall within legal scope.
4. Access is not a guaranteed right. In some cases roads may be closed, or property owners may try to restrict access to roads or trails. Gold Rush Expeditions, Inc. will advise customers of legal rights and offer legal assistance where requested and necessary.
5. A mining claim is only mineral rights to the land defined. It does not include physical ownership or control of buildings, tools or any other physical elements on the claim. There are many rights associated with ownership of the mineral rights and many that can be exercised with proper permitting. If you need assistance with permitting, please contact our Salt Lake Office directly.
There are some instances where the GRE Guarantee is not applicable. Specifically these will fall under elements that are out of Gold Rush Expeditions, Inc. Control. The ownership of the claim and control of the mineral rights are the key elements of the claim and should never be compromised.
Instances where there is no return available:
1. Buyer states that access is too difficult
2. Buyer states that there is no <gold, gems, etc.> on the claim.
3. Buyer has issues with access, public/private land. Right of way, etc.…
4. Buyer’s remorse.
5. Reclamation by any outside agency. We can assist you legally if your mining claim has been reclaimed or adits/shafts/access points have been destroyed.
6. Structures, vehicles, artifacts, etc… have been removed from the claim.
7. “BLM/FS” will not let you work the claim. This is a legal issue and can be easily resolved; it does not affect your ownership of the claim.
Conversely, there are instances where a return is applicable. In these cases we will work with you to get your return request processed quickly and efficiently while still following proper processes.
Instances where a return may be applicable:
1. Claim has been invalidated or closed
2. Claim is not located where reported
3. Claim is not the reported size or description.
4. Claim has not been properly advertised or an item is significantly not as described.
Credits and Returns
Our returns will normally be in the form of a credit as stated in the Original Purchase Agreement. This credit will be equal to the purchase price of the claim plus an additional 10%.
Gold Rush Expeditions, Inc. credits are valid for 1 full year. This credit will be valid and usable for 1 year from the date of issue. It will expire with no further notice, 366 days after its issuance.
Credits are usable on any mining claim in the Gold Rush Expeditions, Inc. inventory or services as represented on our website and newsletters.
Credits are not valid for any eBay or auction purchases.
Documentation fees are a separate element from your mining claim. Documentation fees will never be credited or returnable if the documentation in question has already been executed. Executed includes but is not limited to:
• Filing of Documentation with BLM or County.
• Creation of Documentation for Customer.
• Any documentation that is executed or created specifically for an individual.
Filing for a Return:
If you feel that you are entitled to return your product or mining claim, the first step is to fill out a Return Request Form. It is vital that this form is filled out completely and with as much information as possible. Please add any supporting and relevant documentation that you would like us to consider. To request a Return Request Form, please contact our Salt Lake office during normal business hours. Please see “Steps to complete to file for a Return” below.
Step 1. Return Requested Worksheet.
The client should begin by filling out the “Return Requested” worksheet. This must be filled out completely and returned to Gold Rush Expeditions, Inc. before any returns are considered. It is vital that the client fill this form out completely so that Gold Rush Expeditions, Inc. has a documented reason to initiate a return investigation. Any information that they feel is pertinent should be on this form. Please be very detailed as this will determine the status of your return.
Step 2. Office will review the Return Requested worksheet and respond within 10 business days.
Step 3 Acceptance or Denial of Return
When a return is accepted or denied. Gold Rush Expeditions, Inc. will notify the customer via email and US registered mail.
Step 4. Appealing a Denial
If you feel that your claim for a return has been denied in error, you may appeal the original decision. This decision may be appealed only once. To appeal a denial. Submit a letter to Gold Rush Expeditions, Inc. detailing why you feel that the claim was denied in error. This letter should be sent to Gold Rush Expeditions, Inc. Salt Lake City office via registered mail with signature delivery required. We will review your request and respond within 10 business days.
Gold Rush Expeditions, Inc. employees and its representatives are prohibited from writing or filling out any portion of your Return Request Form.
Please be aware that the Returns process can take up to 6 months to be fully completed. There are many items that Gold Rush Expeditions, Inc. is required to notate and evaluate. It is the responsibility of the claim owner to maintain ownership and control of said mining claim during this process. This may include payment of Annual Assessment fees as defined by county and BLM offices.
Gold Rush Expeditions, Inc will be responsible for many of the return validation activities and they will be executed at no cost to the client. Some of the activities required are as follow:
1. Survey team will visit the claim and verify that the claim is in the same general condition as when sold. (This can take up to 90 days)
a. Any large digs, disturbances or physical alteration of the land will negate any return.
b. Destruction, Damage or disturbance of any features of the claim. Buildings, Ore piles, roads, mine entrances etc.… will negate any return
2. The claim may not be worked or otherwise disturbed. For Gold Rush to initiate a return, the claim must be in the same general condition as it was sold in.
The buyer should not execute any quit claim deed or transfer notice until advised to do so by Gold Rush Expeditions, Inc. Gold Rush Expeditions, Inc. is not responsible for client errors in paper work, filings or submissions. Gold Rush Expeditions, Inc. will not accept any Quit Claim deeds as returns until the time that they are requested as part of the process.
Gold Rush Expeditions, Inc is required to validate condition, ownership, existing and pre-existing characteristics prior to accepting and processing any returns.
Once the claim has been physically evaluated and approved for Return, the documentation process will begin. This process includes the following elements:
1. Client will provide positive proof that mining claim is valid and active, including annual assessment payments being paid to current. (This can take 30-90 days depending on BLM office.) Elements to be provided by the client to Gold Rush Expeditions, Inc. are:
a. Receipt for payment of assessments noting claim IDs.
b. Validation through the LR2000 that the claim is active and paid in full through the current assessment year. (No small miner’s waivers accepted).
2. Upon written request of Gold Rush Expeditions, Inc., the Client will complete an Official Quit Claim deed, to be signed and notarized. This quit claim deed will transfer 100% interest in the said Mining Claim(s) from the client (must match claim owner name on LR2000) to Gold Rush Expeditions, Inc. The client is responsible to file this document with the proper county and BLM offices and return this document to Gold Rush Expeditions, Inc. when recorded.
3. Gold Rush Expeditions, Inc. will verify transfer of interest from Client to Gold Rush Expeditions, Inc. at the BLM Offices.
4. Gold Rush Expeditions, Inc. will verify recordation and transfer of interest from Client to Gold Rush Expeditions, Inc. at required County offices.