Applies to photographs with the Vintage Photograph label.
1. APPLICATION OF GUARANTEE: This guarantee (the “CGC Vintage Photograph Authenticity Guarantee”) is offered by Certified Guaranty, LLC (“CGC”) with respect to photographs contained in a CGC protective holder bearing the words “Vintage Photograph” which are submitted to CGC for its “Authentication Review” service.
2. STATEMENT OF GUARANTEE: Subject to the limitations contained in this CGC Vintage Photograph Authenticity Guarantee, CGC guarantees the authenticity of any photograph contained in a CGC protective holder bearing the words “Vintage Photograph.” A Vintage Photograph is considered “authentic” if it was printed from the original negative at or near the time that the photograph was taken.
3. EXCLUSIVE REMEDY: In the event that a subsequent purchaser of a photograph contained in a CGC protective holder bearing the words “Vintage Photograph” believes the photograph not to be authentic, such person may submit the photograph to CGC and purchase CGC’s Authentication Review services. If the photograph is determined under such review by CGC not to be authentic, then CGC shall pay to such subsequent purchaser an amount equal to the difference between (a) the lower of (i) the submitter’s purchase price for the photograph or (ii) the fair market value for the photograph if the photograph were authentic; and (b) the current market value of the photograph based upon what CGC believes, in its sole opinion, to be reliable current market information. CGC’s subjective determination of fair market value and current market value shall be binding on all parties.
4. LIMITATIONS: WARNING: The CGC Vintage Photograph Authenticity Guarantee is limited. It does not apply if the CGC holder has been damaged, unsealed, tampered with, removed or altered. Clerical errors, mechanical errors and typos are NOT guaranteed. If requested, CGC will remedy any mechanical error with respect to the description or grade of a photograph on its label, free of charge. It is the duty of the buyer and seller of a CGC-certified photograph to examine the label for mechanical errors and to return such photograph for correction when warranted. The determination of what constitutes a mechanical error is at the sole discretion of CGC.
5. IMPORTANT ADDITIONAL TERMS: THIS CGC VINTAGE PHOOGRAPH AUTHENTICTY GUARANTEE REPLACES AND SUPERSEDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED AND WHETHER OF MECHANTABILITY, FITNESS OR OTHERWISE. THE REMEDIES PROVIDED IN THIS CGC VINTAGE PHOTOGRAPH AUTHENTICITY GUARANTEE ARE EXCLUSIVE. EXCEPT AS EXPRESSLY STATED IN THIS CGC VINTAGE PHOTOGRAPH AUTHENTICITY GUARANTEE, ALL OTHER REMEMEDIES AGAINST CGC, INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES, ARE WAIVED.
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 UNDER THIS GUARANTEE HEREBY WAIVE TRIAL BY JURY AND EXPRESSLY CONSENT TO THE EXCLUSIVE PERSONAL AND SUBJECT-MATTER JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN AND FOR THE COUNTY OF SARASOTA, STATE OF FLORIDA, FOR ANY DISPUTE ARISING FROM OR RELATED TO THIS GUARANTEE.
Notwithstanding anything else contained in this Guarantee, in the event of loss or damage of your collectible by CGC, CGC will only be responsible for the LESSER of the actual fair market value or the submitter declared valued.
This Guarantee represents a clarification of prior and existing versions and in no way is intended to expand any rights created thereunder.