Liability
is specifically limited to the
period in which the garment
is in www.BuyMyFur.com's possession.
Seller is responsible for securing
insurance for
all items shipped to www.BuyMyFur.com
and any claims for loss or damage
while the
garments are in the possession
of the carrier shipping the
garment.
www.BuyMyFur.com will make claims
on any return shipments in favor
of the seller and
will make any settlements within
10 days after the receipt of
restitution from the carrier
or carrier's insurance company.
This limit of liability shall
be binding on the seller and
any third party, including but
not
limited to, seller's successors,
assigns, insurance carriers
and any other individual or
entity asserting any right or
claim relating to this transaction.
In no event shall
www.BuyMyFur.com be liable to
any third party, including any
insurance carrier.
www.BuyMyFur.com shall not be
liable for any subrogation claim
brought by seller's
insurance carrier and, by submitting
an item to www.BuyMyFur.com,
seller expressly
and specifically waives any
such subrogation claim on his
or her behalf as well as on
the behalf of his or her insurance
carrier. www.BuyMyFur.com's
liability is and shall be
expressly and specifically limited
to the LEAST of the following
sums:
1. Actual
cash value placed on the garment
by www.BuyMyFur.com's sole discretion
or;
2. One third
(1/3) of the appraised value
of the garment according to
an appraisal
submitted
by seller to www.BuyMyFur.com,
which appraisal was issued prior
to the
shipment
of the item to www.BuyMyFur.com.
The seller expressly acknowledges
and agrees that if there is
no appraisal which was
issued prior to the item being
submitted to www.BuyMyFur.com,
www.BuyMyFur.com's
liquidated value shall be conclusive
and binding.
www.BuyMyFur.com shall not be
liable to anyone for any damages,
including but not
limited to, incidental, consequential,
punitive, loss or profit or
opportunity, other than
set forth herein above. By submitting
the garment, seller explicitly
accepts this limitation
of liability.
Parties offering merchandise
for sale to www.BuyMyFur.com
understand and accept that
they will be offered the fair
market wholesale value. If a
garment is returned to a seller,
www.BuyMyFur.com will insure
the garment for actual cash
value regardless of what it
was insured for inbound by the
seller unless otherwise notified
by email prior to return
shipment. |