SERVICES TERMS AND CONDITIONS:
These terms and conditions apply to the services (“Services”) ordered by you (“Customer”) and described in this submission form (“Submission Form”):
1. You are submitting coin(s) for grading by Numismatic Guaranty Corporation (“NGC”). If NCS Conservation Services are also selected on the Submission Form, coins will be evaluated and, as applicable, conserved by Numismatic Conservation Services (“NCS”), an independent company affiliated with NGC. Certain services are then also provided by NGC on behalf of NCS. NGC and NCS are collectively referred to herein as the “Companies” and each individually as a “Company”.
2. Each of the Companies will use commercially reasonable efforts to perform the Services in accordance with the then-current description of such Services set forth on their websites and within the time frames indicated there.
3. NGC provides its services pursuant to the NGC 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. NGC’s sole and exclusive liability and Customer’s sole and exclusive remedy for NGC’s failure to comply with its obligations under Section 2 of these terms and conditions shall be pursuant to the Guarantee.
4. NCS does not provide grade protection or any type of guarantee for coins submitted to NCS. The submitter acknowledges that the conservation services provided by NCS with respect to a submitted coin may result in a lower grade or no grade subsequently being assigned to such coin by a coin grading company. By submitting a coin to NCS, the submitter waives any right to assert any form of legal claim against NCS (and any affiliates, divisions, subsidiaries or other corporately related entities of NCS, and its and their respective officers, directors, employees, agents and assigns) with respect to a lower grade or no grade subsequently being assigned to such coin by a coin grading company, unless caused solely by the gross negligence or willful misconduct of NCS.
5. Customer agrees to pay NGC all Services fees at the time of submission. If payment is being made by credit card, Customer agrees that NGC 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 NGC a security interest in the items submitted to secure payment of any Services fees.
6. A 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 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.
7. Each Company 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.
8. Each Company will use reasonable care with respect to items submitted to it for Services. However, in the event that a Company determines that an item was lost or damaged while in its possession, NGC will compensate Customer based upon its good faith determination of the fair market value of the item, in light of what NGC 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.
9. Customer must inspect all items immediately upon receipt from NGC. NGC shall have no liability for any damage or errors unless reported to NGC within five (5) days of Customer’s receipt of the items.
10. Customer agrees to return to NGC, at NGC’s expense, any item bearing a clerical error for which Services have been provided by NGC. NGC will, at its expense, correct the clerical error and return the corrected item to Customer. Customer agrees to indemnify, defend and hold NGC 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 10.
11. 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 each Company 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 a Company determines that items are undervalued, it will assign its determination of the fair market value and adjust the Services fees accordingly.
12. Customer assumes all risk of loss or damage to items until items are received and inspected by NGC. Customer understands and agrees that NGC cannot provide insurance on international shipments and shall not be liable for loss or damage on international shipments.
13. EXCEPT FOR ANY EXPRESS WARRANTIES SET FORTH IN THESE TERMS AND CONDITIONS, EACH COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING SUCH COMPANY AND / OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL A 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 GUARANTEE IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EACH OF THE COMPANIES, 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.
14. The Companies compile data regarding, and make digital images of, items submitted for Services. In partial consideration for the performance of Services pursuant to this Submission Form, Customer hereby authorizes each Company to compile such data and make such images and agrees that each 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.
15. 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.
16. The laws of Florida without regard to its choice of law principles shall apply to transactions and / or disputes between either Company 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.
17. These terms and conditions, including the Guarantee, constitute the entire agreement of each 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 a 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.