Applies to comics, magazines, lobby cards and concert posters (“Collectible” or “Collectibles”, as used herein) with the blue CGC Universal Grade label, blue/purple CGC Conserved Grade label, purple CGC Restored Grade label, and green CGC Qualified Grade label.
CGC guarantees that Collectibles encapsulated in a CGC holder are authentic and have been inspected by at least two professionals. 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 the damage is the result of storage in a hazardous environment.
For CGC graded Collectibles, the assigned grade represents our opinion, as grading is subjective. Because of the fragile nature of these Collectibles, the grade is not guaranteed. 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 Collectibles on its label, free of charge. It is the duty of the buyer and seller of CGC-certified Collectible to examine the label for mechanical errors and to return such Collectibles for correction when warranted. The determination of what constitutes a mechanical error is at the sole discretion of CGC. If a Collectible is removed from its holder, under no circumstances will the Collectible receive a Signature Series label if sent back for certification.
DAMAGE OR LOSS IN TRANSIT. Due to their fragile nature, Collectibles can be damaged while in a CGC holder if improperly handled, stored or displayed. By using CGC’s products/services, you agree that CGC is not responsible for damage or loss whatsoever occurring during transit to or from CGC’s facility, or thereafter. The risk of damage or loss during transit and thereafter is entirely upon you. Unless CGC receives special delivery instructions from you, CGC will return Collectibles to you by carrier of its choice. If you wish to control your risk of damage or loss by transit, you should make arrangements to pick up your Collectibles directly at CGC’s facility.
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 Collectible, including, but not limited to, the bending, ripping, cracking, or curling of a page or pages associated with the shifting position of the Collectible 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 COLLECTIBLE 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. YOU FURTHER AGREE THAT THE RETURN OF CGC’s GRADING FEE OR THE 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 herein), 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 30 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.
THIS GUARANTEE REPLACES AND SUPERSEDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND WHETHER OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. THE REMEDIES PROVIDED IN THIS AGREEMENT ARE EXCLUSIVE, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, ALL OTHER REMEDIES 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’s maximum liability shall be limited to the LESSER of the actual fair market value, the submitter declared value, or the amount paid by the submitter in an arm’s length purchase transaction for the item.
This Guarantee represents a clarification of prior and existing versions and in no way is intended to expand any rights.