CGC guarantees that one pre-grader and two senior graders will review every comic book submitted for grading. CGC further guarantees that its holders are free from manufacturing defects for a period of 5 years from the date of certification. Your exclusive remedy for such holder defect shall be the replacement of the defective holder at no charge. CGC will not replace any holder that it determines within its sole discretion was subjected to deliberate or unintentional abuse, or if damage is the result of storage in a hazardous environment. Clerical error with respect to the description or grade of a comic book that would be readily noticed on inspection will be corrected at no charge. If a comic book is removed from its holder, under no circumstances will the comic book receive a Signature Series label if sent back for certification.
EXCLUSION OF WARRANTIES/LIMITATION OF REMEDIES. Although CGC intends to act with care to prevent damage, you acknowledge that handling and possession may cause damage to the comic books, including, but not limited to, the bending, ripping, cracking, or curling of pages associated with the shifting position of the comic books inside the holders. BY USING CGC's PRODUCTS AND SERVICES, YOU AGREE THAT YOU WILL NOT HOLD CGC OR ITS EMPLOYEES, MEMBERS, AFFILIATES, OR OFFICERS FINANCIALLY RESPONSIBLE FOR ANY DAMAGE OR LOSS TO THE COMIC BOOKS OR TO YOU AS A RESULT OF ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF CGC, ITS AFFILIATES OR EMPLOYEES, AND YOU AGREE TO INDEMNIFY AND HOLD CGC, ITS EMPLOYEES, MEMBERS, AFFILIATES, AND OFFICERS HARMLESS FOR ANY SUCH DAMAGE OR LOSS. YOU FURTHER AGREE THAT THE RETURN OF CGC's GRADING FEE OR ITS REPLACEMENT OF A DEFECTIVE HOLDER SHALL BE YOUR EXCLUSIVE REMEDY FOR ANY CAUSE OF ACTION TO THE EXTENT ALLOWED AGAINST CGC, ITS EMPLOYEES, MEMBERS, AFFILIATES, AND/OR OFFICERS. IN NO EVENT SHALL CGC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY DAMAGES OR LOST PROFITS, EVEN IF CGC IS AWARE OF THE POTENTIAL FOR SUCH DAMAGES. YOU ALSO AGREE THAT CGC HAS OFFERED NO WARRANTIES COVERING ITS SERVICES (except the express limited guarantees specifically stated above), EITHER EXPRESS OR IMPLIED, AND CGC SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT WITH RESPECT TO ITS SERVICES OR PRODUCTS. If you wish to seek any remedy to the extent allowed against CGC, you must notify CGC in writing within 5 days of the time that you become aware of the facts giving rise to such remedy. You agree that failure to provide such notice constitutes a waiver of such remedy. To the extent that a Court determines that any part of the foregoing provision is unenforceable, then the remaining parts of the provision shall survive.
