Terms and Conditions

Thank you for visiting Manhattanbuyers.com (this “Site”)! This Site is owned and operated by AJA Diamonds and Watches, INC

The following terms and conditions are binding on every Manhattan Buyers customer and will inure to the benefit of Manhattan Buyers, its successors and assigns.

Requirements for Use

You must be at least twenty one (21) years old to conduct business with Manhattan Buyers. In addition, by sending any property to Manhattan Buyers, you are representing and warranting that you are the actual legal owner of all property sold or attempted to be sold to Manhattan Buyers. All Manhattan Buyers customers must also be acting on their own behalf and not as agents or representatives of third party. Manhattan Buyers may, but is not legally obligated or required, to request documentation or other proof of compliance with the requirements described in this paragraph.

Verbal Offers

Customers or prospective sellers may request that Manhattan Buyers provide telephone or e-mail quotes for their property after Manhattan Buyers has received them in their facility. Manhattan Buyers may record these offers at their discretion. Upon a verbal acceptance by the customer of the telephone or e-mail quote, Manhattan Buyers will issue payment within twenty four (24) hours of such acceptance, and the fourteen (14) day customer satisfaction holding period guaranty will no longer be applicable to such transaction.

Guaranty Against Loss

Manhattan Buyers will guaranty against loss of the total contents properly shipped to Manhattan Buyers in accordance with the instructions and procedures established by Manhattan Buyers and subject to the terms and conditions published at Manhattanbuyers.com. Manhattan Buyers reserves the right, in its sole discretion, to reject the delivery of any mail, envelope, package or other item which appears to be opened, damaged or tampered with in any way. The post office or shipping company will return any such mail, envelope, package or item to the customer. Manhattan Buyers will have no liability to any customer for any such attempted delivery or return of any such items.

Limitation of Liability

Manhattan Buyers’ liability will be limited to one-third (1/3) of the value of the total content, or one hundred ($100.00) dollars, whichever is less. If there is no original sales receipt or appraisal, Manhattan Buyers’ liability will be limited to thirty-three ($33.00) dollars. If there is an original sales slip or appraisal, Manhattan Buyer’ liability will be limited to one hundred ($100.00) dollars. This guaranty only applies to property shipped by a company Manhattan Buyers uses.

This limitation of liability is binding on any Manhattan Buyers customer/seller and any third party including but not limited to customers/sellers, insurance providers, successors, and any other individual or entity asserting any right or claim related to this transaction.

In no event will Manhattan Buyers be liable to any third party, including any insurance provider. Manhattan Buyers shall not be liable for any subrogation claim brought by the customer’s/seller’s insurance provider. By submitting property to Manhattan Buyers, all customers/sellers expressly and specifically waive any such subrogation claims on their behalf as well as on the behalf of their insurance providers.

Manhattan Buyer’s liability is and will be expressly and specifically limited to the LEAST of the following sums:

The liquidation value placed on the property by Manhattan Buyers in its own sole discretion.

One third (1/3) of the appraised value of the property according to an appraisal carried out by an independent accredited appraiser submitted by a customer/seller to Manhattan Buyers, which appraisal was issued no more than 3 years before the shipment and not after shipment of the property to Manhattan Buyers.

The sum of $100.00.

The customer/seller expressly acknowledges and agrees that Manhattan Buyers liquidated value shall be conclusive and binding and further, that in no event will Manhattan Buyers’ liability exceed $100.00.

Manhattan Buyers will not be liable to anyone for any damages, including but not limited to consequential, incidental, punitive, loss of profit or opportunity, other than as described above.

By sending any property to Manhattan Buyers, the customer/seller explicitly accepts this limitation of liability.

Return Insurance Liabilities

All customers who offer property for sale to Manhattan Buyers understand and accept that Manhattan Buyers will offer them fair market wholesale value for their property. If property is returned to a seller, Manhattan Buyers will insure the item for no more than the amount offered to you by Manhattan Buyers, regardless of what the property was insured for inbound by the seller, unless otherwise notified by e-mail before return shipment.

In its sole discretion, Manhattan Buyers will choose the return carrier, insurance and receipt verification method for each transaction.

Items and Valuables Not Claimed for More Than Six Months (180 Days)

Manhattan Buyers will not be liable for any damages to any person or entity regarding any property left unclaimed with Manhattan Buyers for a period longer than six (6) months or 180 days from the date it was received. It is the customer/seller’s sole responsibility to claim their property within this time frame.

Agreement to Indemnify ManhattanBuyers.com for Using this Web site

By using ManhattanBuyers.com, you agree to hold harmless Manhattan Buyers, its directors, officers, agents and employees, from and against any and all claims, costs, expenses, and damages (including attorney’s fees) arising out of or related to your access to this web site. This provision applies even if Manhattan Buyers has been advised of the possibility of such damages.

Disputes And Applicable Law

Any dispute arising out of or relating to your use of ManhattanBuyers.com will be conclusively resolved by arbitration in the state of New York under the commercial arbitration rules of the American Arbitration Association then existing, and any judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. The law of the State of New York U.S.A., without regard to its conflict of law rules, will govern the resolution of any dispute relating to or arising out of your use of Manhattanbuyers.com.

Choice of Law, Waiver, and Claims

This agreement will be governed by the laws of the State of New York without regard to its conflict of law provisions. Manhattan Buyers’ 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. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, 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 this Agreement remain in full force and effect. By doing business with Manhattan Buyers, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services 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 of New York. Manhattan Buyers 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 New York, including but not limited to, attorney’s fees incurred by Manhattan Buyers

Material Return

If you are unhappy for any reason with the payment you received from Manhattan Buyers, please return your check within ten (14) days of the date printed on the check and Manhattan Buyers will return your property, no questions asked. A $15.00 shipping and handling charge will apply for all property returned to the customer/seller after the customer/seller has accepted Manhattan Buyers’ offer and received a check for payment. This charge does not apply to property returned to customers/sellers who do not accept the initial Manhattan Buyers offer and subsequently request the return of their property.