Service Terms and Conditions
These terms and conditions apply to the services (“Services”) ordered by you (“Customer”) and described in this submission form (“Submission Form”):
- You are submitting collectible(s) for grading by Collectibles Authentication Group, LLC (“CAG”).
- CAG will use commercially reasonable efforts to perform the Services in accordance with the then-current description of such Services set forth on its website and within the time frames indicated there.
- CAG provides its services pursuant to the CAG Guarantee set forth on its website (“Guarantee”), the terms of which are incorporated herein by this reference. Customer should refer to the Guarantee to understand the benefits and protections afforded to Customer, as well as the applicable limitations. CAG’s sole and exclusive liability and Customer’s sole and exclusive remedy for CAG’s failure to comply with its obligations under Section 2 of these terms and conditions shall be pursuant to the Guarantee.
- Customer agrees to pay CAG all Services fees at the time of submission. If payment is being made by credit card, Customer agrees that CAG may charge all Services fees to the credit card upon receipt of this Submission Form. Unpaid balances shall accrue interest at the rate of 1.0% per month until paid. Customer hereby grants to CAG a security interest in the items submitted to secure payment of any Services fees. In addition to such security interest, Customer agrees that CAG may hold any collectibles or other property submitted by Customer to CAG or an affiliate of CAG until Customer has paid in full all outstanding balances, regardless of whether such balances are related to such collectibles or other property.
- CAG has the right in its sole discretion to reject any items submitted for Services in cases where the submitted items do not comply with its then-current standards and procedures set forth on its website. Because even items that are ultimately rejected must still be received, tracked and examined, fees for Services shall not be refunded for such rejected items.
- CAG maintains a list of terms and conditions applicable to particular submission types and services on its website. Customer agrees to any such applicable terms and conditions.
- CAG will use reasonable care with respect to items submitted to it for Services. However, in the event that CAG determines that an item was lost or damaged while in its possession, CAG will compensate Customer based upon its good faith determination of the fair market value of the item, in light of what CAG believes to be reliable current market information. The amount of the compensation will not necessarily be based upon, but in no event will exceed, Customer’s stated declared value of the item set forth in this Submission Form.
- Customer must inspect all items immediately upon receipt from CAG. CAG shall have no liability for any damage or errors unless reported to CAG within five (5) days of Customer’s receipt of the items.
- Customer agrees to return to CAG, at CAG’s expense, any item bearing a clerical error for which Services have been provided by CAG. CAG will, at its expense, correct the clerical error and return the corrected item to Customer. Customer agrees to indemnify, defend and hold CAG and its affiliates, and all of its and their respective employees, officers, directors and agents, harmless from and against all claims, liabilities and expenses (including reasonable attorney’s fees) relating to or arising directly or indirectly from Customer’s failure to comply with this Section 9.
- Customer shall complete all submission information on the Submission Form, and package and ship all items, in accordance with the instructions on the Submission Form. Customer represents and warrants to CAG that the declared value set forth on the Submission Form represents Customer’s good faith belief as to the market value of the item. If CAG determines that items are undervalued, it will assign its determination of the fair market value and adjust the Services fees accordingly.
- Customer assumes all risk of loss or damage to items until items are received and inspected by CAG. Customer understands and agrees that CAG cannot provide insurance on international shipments and shall not be liable for loss or damage on international shipments.
- EXCEPT FOR ANY EXPRESS WARRANTIES SET FORTH IN THESE TERMS AND CONDITIONS, CAG DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING CAG AND / OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL CAG 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 THE GUARANTEE, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CAG, 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 PURSUANT TO THIS ORDER FORM.
- CAG compiles data regarding, and makes digital images of, items submitted for Services. In partial consideration for the performance of Services pursuant to this Submission Form, Customer hereby authorizes CAG to compile such data and make such images and agrees that CAG shall have an irrevocable, non-exclusive, perpetual, unlimited, royalty-free right and license to use and commercialize such data and images for any purpose.
- If any items are being submitted for a third party, Customer represents and warrants that the third party has authorized Customer to submit the items for the Services.
- The laws of Florida without regard to its choice of law principles shall apply to transactions and / or disputes between CAG and any Customer. Customer agrees to (1) the exclusive jurisdiction and venue for any dispute of the state and / or federal courts located in, or serving Sarasota County, Florida; (2) not challenge such jurisdiction or venue; and (3) accept service by certified or registered mail.
- These terms and conditions, including the Guarantee, constitute the entire agreement of CAG and Customer (and any third party for whom Customer may be acting) regarding, and supersede all prior agreements and understandings (written or oral) between or among such parties relating to, the subject matter hereof; however, any existing dealer or collector agreement between Customer and CAG shall remain in effect, and the terms of such agreement(s) are hereby incorporated by reference. In the event of a conflict, these terms and the current applicable guarantee shall prevail. If any term or condition is determined, by a final and non-appealable ruling or order of a court of competent jurisdiction, to be invalid or unenforceable under applicable law, such invalidity or unenforceability shall not affect the validity or enforceability of any of the other terms and conditions hereof.