SERVICES TERMS AND CONDITIONS:
These terms and conditions apply to the services (“Services”) ordered by you (“Customer”) and described in the “Ordering” section of this submission form (“Submission Form”):
1. The applicable member of the Certified Collectibles Group of Companies to which this Submission Form is submitted (“Company”) will use commercially reasonable efforts to perform the Services in accordance the then-current description of such Services, and within the timeframes, set forth on Company’s website.
2. Company’s sole and exclusive liability and Customer’s sole and exclusive remedy for Company’s failure to comply with its obligations under Section 1 of these terms and conditions shall be pursuant to the then-current applicable guarantee (“Guarantee”) for such Services set forth on Company’s website, the terms of which are incorporated by reference herein.
3. Customer agrees to pay Company all Services fees at the time of submission. If payment is being made by credit card, Customer agrees that Company 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 Company a security interest in the items submitted to secure payment of any Services fees.
4. Company has the right in its sole discretion to reject any items submitted for Services in cases where the submitted items do not comply with Company’s then-current standards and procedures set forth on Company’s website. Because Company must still receive, track and examine each rejected item, fees for Services shall not be refunded for such rejected items.
5. Company will use reasonable care with respect to items submitted to it for Services. However, in the event that Company determines that an item was lost or damaged while in Company’s possession, Company will compensate Customer based upon Company’s good faith determination of the fair market value of the item, in light of what Company 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 insured value of the item set forth in this Submission Form.
6. Customer must inspect all items immediately upon receipt from Company. Company shall have no liability for any damage or errors unless reported to Company within five (5) days of Customer's receipt of the items.
7. Customer agrees to return to Company, at Company’s expense, any item bearing a clerical error for which Services have been provided by Company. Company will, at its expense, correct the clerical error and return the corrected item to Customer. Customer agrees to indemnify, defend and hold Company 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 7.
8. 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 Company that the insured value set forth on the Submission Form represents Customer’s good faith belief as to the market value of the item.
9. EXCEPT FOR ANY EXPRESS WARRANTIES SET FORTH IN THESE TERMS AND CONDITIONS, COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING COMPANY AND/OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE APPLICABLE GUARANTEE, THE MAXIMUM AGGREGATE LIABILITY THAT COMPANY SHALL HAVE TO THE CUSTOMER, OR ANY THIRD PARTY FOR WHOM THE CUSTOMER MAY BE ACTING, ARISING FROM ANY CAUSE, ACT, OMISSION OR OTHER CIRCUMSTANCE, SHALL IN NO EVENT EXCEED THE SERVICES FEE OR FEES PAID BY THE CUSTOMER FOR THE SERVICES ORDERED PURSUANT TO THIS SUMISSION FORM. IN NO EVENT SHALL COMPANY 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 APPLICABLE GUARANTEE IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, ITS AFFILIATES, AND ANY OF ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS, EXCEED THE FEES PAID OR PAYABLE TO COMPANY FOR THE SERVICES.
10. Company compiles data regarding, and makes digital images of, items submitted for Services. In partial consideration for the performance of Services by Company pursuant to this Submission Form, Customer hereby authorizes Company to compile such data and make such images and agrees that Company shall have an irrevocable, non-exclusive, perpetual, unlimited, royalty-free right and license to use and commercialize such data and images for any purpose.
11. 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 to Company for the Services.
12. The laws of Florida without regard to its choice of law principles shall apply to transactions and/or disputes between NGC and any Customer. Each 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.
13. These terms and conditions, including the applicable Guarantee, constitute the entire agreement of Company 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 Company 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.