When a watch is restored, GSW Checks all parts and replaces those worn that are necessary for the running and adjustment of the watch. Due to the fact that most watches are Used, Vintage and/or Pre-Owned watches, GoldSmithWorks cannot guarantee that a part may not fail during any period of use.
The GSW 1 year Limited Warranty provides the opportunity to continue to receive excellent services and keep your watch in top shape and provide a warranty that allows the proper repairs in the event of a failure
NOTE: GSW USES RED LOCKTITE AND/OR AN EPOXY IN ALL OUR RESTORATIONS, AND ALL REPAIRS WE WARRANTY. THIS PROVIDES A MECHANISM TO BE ABLE TO SEE IF A WATCH CASE WAS OPENED OR MOVEMENT REMOVED. SO PLEASE, IF SOMETHING GOES WRONG, SHIP ROCK THE WATCH. D0 NOT TRY TO REPAIR AND DO NOT BREAK THE SEAL, UNLESS YOU TAKE FULL RESPONSIBILITY. OPENING THE CASE OR FIDDLING WITH THE MOVEMENT WILL VOID YOUR WARRANTY.
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.
3- FOR CLIENTS WHOM PURCHASE THIS 1 YEAR LIMITED WARRANTY FOR NEW OR VINTAGE WATCHES PURCHASED FROM ANY VENDOR
3-A- FOR THIS LIMITED WARRANTY THE ABBREVIATION OF GSW shall mean:
Gold Smith Works
3-B- Order, Acceptance and Service
The Order submitted by Customer creates a contract between Customer and GSW when GSW provides the Services requested in the Order. Such contract consists of the Order, the applicable Service Description and these Terms of Service.
PURCHASED WARRANTY REQUIREMENTS
4- FOR A PURCHASED *LIMITED WARRANTY COVERING A WATCH NOT PURCHASED FROM GSW,
4A) THIS LIMITED WARRANTY INCLUDES A FREE INITIAL CLEANING AND SERVICING OF THE MOVEMENT, CLEANING OF THE CASE, BEZEL AND CASE BACK, AND THE BUFFING OF PLASTIC OR ACRYLIC CRYSTAL OF THE WATCH THAT IS BEING COVERED BY THIS WARRANTY.
4B)- PATRON/CLIENT/CUSTOMER WHO INVESTS IN THE LIMITED WARRANTY MUST SHIP THE WATCH BEING COVERED WITHIN 10 DAYS OF INVESTING IN THE WARRANTY TO HAVE THE WATCH COVERED AND GSW WILL CLEAN AND SERVICE THE WATCH AS DESCRIBED ABOVE FREELY & SHIP THE WATCH BACK FREELY.
4C)- PATRON/CLIENT/CUSTOMER WHO INVESTS IN THE LIMITED WARRANTY pay for shipping to gsw and GSW WILL THEN SHIP THE WATCH BACK FOR FREE.
4D) FAILURE TO SHIP THE WATCH WITHIN 10 DAYS WILL VOID THIS WARRANTY AND NO REFUND WILL BE ALLOWED.
4E)WHEN PATRON/CLIENT/CUSTOMER WHO INVESTS IN THE LIMITED WARRANTY RECEIVES THE WATCH BACK, THE ONE YEAR WARRANTY BEGINS.
ONE YEAR WARRANTY TIME LINE & ANY FEES
INITIAL 90 DAYS
5- DURING THE INITIAL 90 DAYS (3 MONTHS) you do not not pay any labor costs during this first 90 days if only an adjustment or fix without parts is necessary OR if a part replaced by GSW has failed, such as a replaced mainspring .
5a) If parts are necessary, you pay 30.00 and the cost of any Invoiced parts.
5b) – DURING THE INITIAL 90 DAYS (3 MONTHS) you pay for shipping To gsw.
GSW ships back freely.
SECOND 90 DAYS (3rd month through 6th month)
6- After the initial 90 days (3 MONTHS), and for the next 90 DAYS (3 MONTHS) you do not pay any labor costs if only an adjustment or fix without parts is necessary. If parts are necessary, you AGREE TO PAY 40.00 and the cost of invoiced parts.
6a) You pay for shipping To and From gsw.
DISCOUNTED SHIPPING RETURN FEES $10 US / $20 INTERNATIONAL
THIRD & FOURTH 90 DAYS (last 180 days/6 months)
7- After the initial 180 days (6 MONTHS), AND FOR THE NEXT 180 DAYS (6 MONTHS) you pay 40.00 service fee if only an adjustment or fix without parts is necessary. If Parts are necessary you Pay the cost of invoiced parts.
7a) You pay for shipping To and From gsw.
DISCOUNTED SHIPPING RETURN FEES $10 US / $20 INTERNATIONAL
8- **LIMITED WARRANTY
A- THIS WARRANTY DOES NOT COVER WATER DAMAGE,
B- AT ITS DISCRETION, GSW MAY ATTEMPT TO REPAIR A WATER DAMAGED WATCH.
C-IF GSW, AT ITS DISCRETION, DECIDES TO REPAIR A WATER DAMAGED WATCH, GSW MAY OR MAY NOT CHARGE APPROPRIATE FEES PROVIDE. IF ANY FEES ARE REQUIRED, ANY REPAIR COSTS MUST BE AGREED TO BY ALL PARTIES BEFORE REPAIR IS ACCOMPLISHED.
D- ***THIS WARRANTY IS NOT A REPLACEMENT OR REFUND WARRANTY. IF A WATCH HAS SUFFERED DAMAGE THAT IS NOT REPAIRABLE THIS WARRANTY DOES NOT ALLOW FOR THE REPLACEMENT OF DAMAGED WATCH OR A REFUND OF THE INVESTMENT BY GSW .
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 THE FREE APPRAISAL THAT YOU RECEIVED. IF YOU HAVE LOST THE LINK SEARCH:
9- Limitation of Liability.
GSW represents and warrants to Customer that the Services will be performed (i) in a manner consistent with industry standards reasonably applicable to the performance thereof; (ii) at least at the same level of service as provided by GSW generally to its other customers for the same services; and (iii) in compliance in all material respects with the applicable Service Descriptions. Customer will be deemed to have accepted such Services unless Customer notifies GSW within 30 days after performance of any Services of any breach of the foregoing warranties. Customer’s sole and exclusive remedy, and Gold Smith Works ‘s sole obligation, for breach of the foregoing wareanties shall be for Gsw , at its option, to re-perform the defective Services at no cost to Customer.
B- OUTSIDE CONTROL
The foregoing warranties shall not apply to performance issues or defects in the Services (i) caused by factors outside of GSW’s reasonable control; (ii) that resulted from any actions or inaction’s of Customer or any third parties; or (iii) that resulted from Customer’s mishandling, attempts at self-repair, water damage, or any third-party battery replacement or repair not within the sole control of Gold Smith Works
C) ITEMS NOT COVERED:
GSW RESERVES THE RIGHT TO REPAIR OR NOT REPAIR WATCHES AS OUTLINED IN #5 THROUGH #7 ABOVE WHEN :
1- Any Breakage, Denting, Ripping or Scratching of Crystal, Case or Band occurs after receiving watch.
2- Someone other than an GSW authorized person or company opened and/or performed any work or adjustment on the movement, crystal, pushers, stem or crowns TO COVERED WATCH.
(Note: all watches are photographed as to positions of balance and other adjustments before shipping)
3- Watches ARE cleaned, serviced, repaired or sealed by anyone other than a GSW authorized person or company after receiving said watch.
4- Misuse, improper care, dropping or hitting the watch against hard surface causes damage.
5- Water Is The Cause Of Damage
(unless the watch was Specifically Guaranteed By GSW To Be Water Proof).
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 venturers. 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, 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.
K- The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. ANY SUIT, ACTION OR PROCEEDING CONCERNING THIS AGREEMENT THAT IS NOT SUBJECT TO MANDATORY ARBITRATION PURSUANT TO SECTION 19(H) ABOVE MUST BE BROUGHT IN A GEORGIA STATE OR FEDERAL COURT LOCATED IN FULTON COUNTY, GEORGIA, AND EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
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 action has arisen UNLESS specifically written in a GEORGIA STATEL 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 reapirs, watch pictures and other items specificallt to do with items sold or their warranted repairs. Any othert public reference to CUSTOMER, GSW requires the written consent of Customer