The CAG Guarantee (this “Guarantee”) is provided by Collectibles Authentication Guaranty, LLC, a Florida, USA, limited liability company with an address of 5501 Communications Pkwy, Sarasota, Florida, 34240, USA (“Guarantor” or “CAG”), for Collectibles (as defined below), subject to the limitations and other terms and conditions stated below.
Subject to the terms and conditions of this Guarantee and the limitations specified below, Guarantor guarantees that:
- All Collectibles are from the most recent collection identified on the CAG certification label.
- The description of the Collectible contained on the certification label is accurate; provided that, for Co-Certified Collectibles (as defined below), such guarantee is subject to the limitations contained within the applicable Affiliate Guarantee (as defined below), including those related to attributions and pedigrees.
Collectibles that are encapsulated by Guarantor and also graded by an independent affiliate of Guarantor (“Affiliate”), as evidenced by a certification label with such Affiliate’s logo and/or acronym in addition to Guarantor’s logo and/or acronym, are referred to as “Co-Certified Collectibles”. For such Co-Certified Collectibles, the Affiliate’s guarantee (the “Affiliate Guarantee”), if any, may apply in addition to this Guarantee. These include:
- Collectibles graded by Numismatic Guaranty Corporation (“NGC”), which may additionally be covered by, and will be subject to the terms of, the NGC Guarantee, which is available here.
- Collectibles graded by Paper Money Guaranty, LLC (“PMG”), which may additionally be covered by, and will be subject to the terms of, the PMG Guarantee, which is available here.
- Collectibles graded by Certified Guaranty Company, LLC (“CGC”), which may additionally be covered by, and will be subject to the terms of, the CGC Guarantee, which is available here.
- Collectibles graded by Authenticated Stamp Guaranty, LLC (“ASG”), which may additionally be covered by, and will be subject to the terms of, the ASG Guarantee, which is available here.
Guarantee Conditions and Limitations
In order to raise a claim under this Guarantee, the owner must submit the Collectible to CAG for Appearance Review service. Claims for Co-Certified Collectibles must be made to CAG and not the Affiliate. If Guarantor determines, in its sole reasonable opinion, that the submitter is entitled to a remedy under this Guarantee, Guarantor will offer a remedy as set forth below. Guarantor is committed in all cases to proposing a fair and reasonable remedy. In no event will (i) a Collectible that has been determined to list an incorrect collection or (ii) a Collectible that has been determined to be incorrectly described be returned encapsulated with an incorrect CAG label.
Remedy. If Guarantor determines, in its sole reasonable opinion, that the Collectible is not from the most recent collection identified on Guarantor’s certification label or is incorrectly described, Guarantor will pay to the submitter an amount equal to Guarantor’s retail certification fee in effect for such Collectible at the time the claim is made, plus any postage, shipping or other incidental expenses incurred by the submitter in submitting the Collectible for Appearance Review; provided that, in no event will the aggregate amount of such payment exceed USD 10,000. To the extent Guarantor’s retail certification fee takes into account the Collectible’s “Fair Market Value,” such value will be determined in accordance with the terms of this Guarantee and any applicable Affiliate Guarantees. Notwithstanding anything to the contrary herein, (a) this remedy will apply only to the extent the submitter is not otherwise entitled to, and receives from CAG, a remedy pursuant to an Affiliate Guarantee and (b) in no event will a submitter be entitled to a recovery under both an Affiliate Guarantee and this Guarantee in connection with the same claim.
Notwithstanding the foregoing or anything to the contrary herein, clerical or mechanical errors are covered solely by Section 8 below.
The above is the exclusive remedy provided under this Guarantee. By making a claim under this Guarantee, the submitter agrees to the exclusive remedy provided above and waives its right to all other remedies including, without limitation, through litigation.
Fair Market Value. Guarantor will determine, if and as necessary, and in its sole reasonably exercised discretion, the current “Fair Market Value” of the Collectible if it were to be sold. Guarantor will determine the current Fair Market Value of a Collectible based upon what Guarantor believes, in its sole reasonably exercised opinion, to be reliable current market information. Guarantor may use actual pricing and sales information available to it, including prices in the actual transaction history of the Collectible in question. However, due to the volatile nature of the market and Internet auctions/sales as well as the differences in buying habits of different individuals, such information may not necessarily represent the accurate current Fair Market Value of any particular Collectible, which again, will be determined by Guarantor in its sole reasonably exercised discretion.
WARNING: THIS GUARANTEE IS LIMITED. The following terms, limitations and restrictions apply with regard to the above guarantee and available remedy, and the submitter of a Collectible for Appearance Review service agrees to be bound by all of the terms, conditions and limitations set forth herein:
- Covered Collectibles. This Guarantee applies only to (a) collectibles encapsulated in CAG holders and (b) collectibles that receive a CAG Photo Certificate and are still accompanied by the original CAG Photo Certificate (collectively, “Collectibles”).
- Required Information. In fulfillment of this Guarantee, submitters may be required to provide information and available documentation regarding the transaction history of a particular Collectible, including the date purchased, the purchase price, the seller and the transaction amount. Submitters may also be required to minimize their damage and attempt to reverse a prior transaction. Submitters may further be required to provide proof to the effect that negotiations to reverse a prior transaction have failed. The submitter acknowledges that his or her inability to provide requested information and/or non-cooperation in providing requested information constitutes a failure of an essential condition to this Guarantee and will result in the Collectible’s exclusion from this Guarantee.
- CAG Holders. This Guarantee does not apply to Collectibles that have been removed from their CAG holder, or if the CAG holder containing a Collectible has been damaged, unsealed, tampered with or altered. The determination as to whether this has occurred shall be at the sole reasonable discretion of Guarantor. Further, this Guarantee does not apply to Collectibles that are no longer accompanied by the original CAG Photo Certificate or if the CAG holder or CAG Photo Certificate is counterfeit or tampered.
- Improper Storage. This Guarantee does not apply if Guarantor determines that a Collectible submitted for Appearance Review has been subject to abuse, alteration or improper storage conditions such as (but not limited to) extreme temperature, moisture, damaging environmental conditions, excessive light, excessive motion or vibration or any other extreme conditions.
- Deterioration of Certain Collectibles. Guarantor certifies a diverse range of collectibles that have been stored in a range of environments prior to certification by Guarantor. Many of these collectibles are fragile and, in some cases, their condition may deteriorate over time. Guarantor explicitly does not guarantee that the appearance or condition of Collectibles will not change or deteriorate over time.
- Third Party Information. Information listed on a label that does not originate from Guarantor, an Affiliate, or from a representative of the collection from which the Collectible was submitted to Guarantor for certification is NOT guaranteed. In addition, attributions to collections prior to the most recent collection listed on Guarantor’s certification label are NOT guaranteed.
- Inspection. Customers must inspect Collectibles immediately upon receipt from Guarantor. In the extremely rare event that a Collectible is damaged while at Guarantor’s or its affiliate’s facility, Guarantor shall have no liability for any damage unless reported to Guarantor within fourteen (14) days of the submitter's receipt of the Collectible. Notwithstanding anything else contained in this Guarantee, in the event of loss or damage of your Collectible by Guarantor or its affiliate, your compensation will be limited to the LESSER of the actual current Fair Market Value as reasonably determined solely by Guarantor or the submitter declared value. Notwithstanding anything else contained in this Guarantee, and for the avoidance of doubt, Guarantor will be solely responsible to the submitter for any compensation for lost or damaged Collectibles, and any guarantor under an Affiliate Guarantee will have no responsibility to the submitter for such compensation.
- Clerical or Mechanical Errors. A clerical or mechanical error occurs when a Collectible is encapsulated with a label that bears a description that clearly does not correspond with the Collectible. It is the duty of the buyer and seller of a Collectible to examine such Collectible for a clerical or mechanical error to return such Collectibles for correction when warranted. This Guarantee does not apply when Guarantor determines, in its sole reasonable discretion, that a clerical or mechanical error has resulted in the Coin having an incorrect description. If requested, any clerical or mechanical errors will be remedied free of charge by updating the encapsulation to show an appropriate label. Certification labels with incorrect dates, descriptions, or Collectible types which should be obvious to someone who performs an inspection of the Collectible and label are considered clerical or mechanical errors.
- Knowledge of Error. If the owner of a Collectible is informed by Guarantor or its affiliate that the Collectible is not from the collection stated on Guarantor’s certification label or is not accurately described, it is the duty of that owner to immediately return the Collectible to Guarantor. If the owner does not immediately return the Collectible after such notice, then (a) this Guarantee will no longer apply to that Collectible, (b) if the owner sells, trades or otherwise transfers ownership of the Collectible instead of returning it, then the owner may be liable to the buyer for fraud or otherwise be subject to legal recourse, and (c) Guarantor and its affiliates will reserve all rights to pursue any available remedies against the original purchaser and the submitter of the Collectible.
EXCEPT FOR ANY EXPRESS WARRANTIES SET FORTH IN THIS GUARANTEE, GUARANTOR AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING GUARANTOR, ITS AFFILIATES, AND/OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AS CONCERNS THE PRESENT GUARANTY, IN NO EVENT SHALL GUARANTOR OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS, BE LIABLE TO CUSTOMER OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS GUARANTEE IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GUARANTOR, ITS AFFILIATES, AND ANY OF ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS TO THE CUSTOMER OR ANY THIRD PARTY FOR WHOM THE CUSTOMER MAY BE ACTING, ARISING FROM ANY CAUSE, ACT, OMISSION OR OTHER CIRCUMSTANCE, EXCEED THE FEES PAID OR PAYABLE FOR THE SERVICES ORDERED BY THE SUBMITTER OF SUCH ITEM(S).
CLAIMANTS UNDER THIS GUARANTEE HEREBY WAIVE TRIAL BY JURY.
THIS GUARANTEE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA AS APPLIED TO TRANSACTIONS TAKING PLACE WHOLLY WITHIN FLORIDA BETWEEN FLORIDA RESIDENTS. CLAIMANTS EXPRESSLY CONSENT TO THE PERSONAL AND SUBJECT-MATTER JURISDICTION OF THE STATE COURTS LOCATED IN AND FOR THE CITY OF SARASOTA, STATE OF FLORIDA AND THE FEDERAL COURTS LOCATED IN AND FOR THE CITY OF TAMPA, STATE OF FLORIDA.
If any part of this Guarantee shall be declared invalid or unenforceable by a court of competent jurisdiction, it shall not affect the validity of the balance of this Guarantee. In such circumstance, the provision declared invalid/unenforceable shall be re-drafted as closely to the original provision as allowed by law, so as to give effect to Guarantor’s and its affiliates’ intent.