(THE “AGREEMENT”) SET FORTH BELOW AND AGREES TO ABIDE BY THIS AGREEMENT, AND FURTHER AGREES THAT PRESTIGE IS ENTITLED TO RELY UPON AND BENEFIT FROM THIS AGREEMENT.
1. The “Customer” is defined as a person, persons, or corporate entity with the legal authority to submit items to PRESTIGE G&A LLC for grading and/or authentication services. The individual who submits the order to PRESTIGE G&A LLC will be treated as PRESTIGE G&A LLC’s sole point of contact for that transaction. A customer may submit one or more of the following items to PRESTIGE G&A LLC for grading and/or authentication: wax packs (check size restrictions) & display boxes to PRESTIGE G&A LLC via the prestige-grading.com website. PRESTIGE G&A LLC will endeavor to grade and/or authenticate submitted items within the estimated turnaround time frame, if any, offered as part of a PRESTIGE G&A LLC grading and/or authentication service. PRESTIGE G&A LLC accepts no liability for orders completed later than the estimated turnaround time frame.
2. In no event shall PRESTIGE G&A LLC have liability to Customer for incidental, indirect, or consequential damages due to PRESTIGE G&A LLC’s failure to grade and/or authenticate any items within any timeframe, and Customer waives all rights to seek incidental, indirect, or consequential damages against PRESTIGE G&A LLC. All turnaround time frames are estimates and refer to business days, which shall not include holidays.
3. Customer acknowledges and agrees that PRESTIGE G&A LLC’s owners and employees shall be permitted to submit items for grading and/or authentication without limitation. Furthermore, PRESTIGE G&A LLC’s owners and employees may buy, sell, and trade PRESTIGE G&A LLC authenticated or graded items without limitation.
4. All fees and amounts charged by PRESTIGE G&A LLC are subject to change in PRESTIGE G&A LLC’s sole and absolute discretion. Unless otherwise provided in writing, all services or products provided by PRESTIGE G&A LLC shall be billed at the prices prevailing at the time the services or products are provided to Customer.
5. PRESTIGE G&A LLC reserves the right to increase the base service fees for any item submitted at a low estimated value.
6. Customer acknowledges that PRESTIGE G&A LLC shall not grade packs or boxes with (Questionable Authenticity), and PRESTIGE G&A LLC shall have no obligation to refund the fee paid by Customer for such items. For certain types of packs, the top and/or bottom card that shows through the wrapper will sometimes be noted on the Prestige label – if, and only if, the card(s) can be verified with certainty. However, for packs where the card contents are not clearly visible, such as foil packs, only the outside features of the pack wrapper itself are identified and noted on the label. The label identification of the pack wrapper does not guarantee that card contents within such packs are as described by the manufacturer of the pack.
7. Customer agrees not to knowingly submit any forged, counterfeit, or otherwise non-genuine items to PRESTIGE G&A LLC for any services including, but not limited to, pack grading & display box grading.
8. Customer acknowledges and agrees the grading and/or authentication of items requires the exercise of individual judgment and professional opinion, which is subjective in nature, and can change from time to time. Therefore, PRESTIGE G&A LLC makes no warranty or representation and shall have no liability whatsoever to Customer for the grade or determination of authenticity assigned by PRESTIGE G&A LLC to any item. Pack grades are determined based on the quality of the outside appearance of the pack only (stains, folds, tears, etc).
9. After the submission and grading and/or authentication of an item by PRESTIGE G&A LLC, new information may arise or become available that was unavailable at the time a grade or determination of authenticity was assigned by PRESTIGE G&A LLC to any item. PRESTIGE G&A LLC shall have no liability to Customer, and PRESTIGE G&A LLC shall be under no obligation to change a grade or determination of authenticity assigned to an item (unless such an item is re-submitted for grading and/or authentication) to the extent new information arises or becomes available after a grade or determination of authenticity is assigned by PRESTIGE G&A LLC to any item.
10. Clerical errors can occur in connection with the grading and/or authentication, review, or reholdering of an item submitted to PRESTIGE G&A LLC. Customer’s sole and exclusive remedy is to allow PRESTIGE G&A LLC to correct the clerical error, and reholder the item and/or produce a new letter of authenticity if required, at PRESTIGE G&A LLC’s cost.
11. PRESTIGE G&A LLC shall have the right (not obligation) to capture the image of any item submitted by Customer. Customer agrees PRESTIGE G&A LLC shall be permitted to publish images and information relating to any items submitted by Customer without compensation of any kind to Customer, and PRESTIGE G&A LLC further reserves the right to publish images and information relating to items as it deems fit. All images created/produced or modified by PRESTIGE G&A LLC is the sole property of PRESTIGE G&A LLC, and may only be used by PRESTIGE G&A LLC in its sole and absolute discretion.
12. PRESTIGE G&A LLC will exercise reasonable care in handling items submitted for grading and/or authentication. However, if PRESTIGE G&A LLC determines that Customer’s item was lost or damaged while in PRESTIGE G&A LLC‘s possession, Customer will be compensated based upon the fair market value of the item as determined by PRESTIGE G&A LLC standard procedures.. The declared value you provided with this submission is for estimating the insurance coverage only, and the fair market value of the item may be less than your declared value. IN NO EVENT SHALL THE TOTAL LIABILITY EXCEED THE DECLARED VALUE OF THE ITEM. Such compensation shall be Customer’s exclusive remedy for any loss or damage.
13. PRESTIGE G&A LLC is not responsible for any damage caused to a pack’s wrapper due to gum movement or due to pack movement within one of our holders.
14. Customer is required to inspect all items immediately upon receipt and PRESTIGE G&A LLC disclaims any liability for discrepancies or errors, including, but not limited to, errors in the description of the item unless reported to PRESTIGE G&A LLC within three (3) business days of Customer’s receipt of the item(s). Customer agrees to return any incorrectly described item to PRESTIGE G&A LLC upon request for correction and agrees to indemnify and hold PRESTIGE G&A LLC harmless from any and all losses and/or claims caused by the circulation or sale of incorrectly described items.
15. Customer agrees as follows: (a) PRESTIGE G&A LLC shall release a graded and/or authenticated item to Customer only upon payment of all fees and other charges; (b) to pay to PRESTIGE G&A LLC all fees and other charges when due without further demand; (c) any amounts not paid when due shall accrue interest at the rate of 18% per year until paid (or, if less, the maximum interest rate permitted by applicable law)
16. PRESTIGE G&A LLC shall have no liability whatsoever to Customer, or any third party for whom Customer may be acting, related to any damage to any item resulting from the breaking open of an PRESTIGE G&A LLC holder or third-party holder, or for any damage to any item that occurred while the pack/box was not in the custody or control of PRESTIGE G&A LLC including, but not limited to, loss or damage to items while being shipped to PRESTIGE G&A LLC, or while being shipped by PRESTIGE G&A LLC to Customer.
17. PRESTIGE G&A LLC shall have no no liability whatsoever for any one of our holders and/or labels that show evidence of tampering or fraud.
18. Customer agrees not to knowingly mislabel a pack or box on their submission form and are aware that all submitted orders are recorded when they are unboxed for insurance purposes.
19. Customer acknowledges and agrees to exercise reasonable care with regard to any item graded and/or authenticated by PRESTIGE G&A LLC, and further acknowledges and agrees items in an PRESTIGE G&A LLC holder can be damaged and/or destroyed if reasonable care is not exercised (i.e. holders are not waterproof or UV-resistant).
20. Except as expressly set forth herein to the contrary, PRESTIGE G&A LLC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, REGARDING PRESTIGE G&A LLC’S GOODS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
21. Except as expressly set forth herein to the contrary, THE MAXIMUM AGGREGATE LIABILITY THAT PRESTIGE G&A LLC SHALL HAVE TO CUSTOMER, OR ANY THIRD PARTY FOR WHOM THE CUSTOMER MAY BE ACTING, ARISING FROM ANY CAUSE, ACT, OMISSION OR OTHER CIRCUMSTANCE, including the negligence of PRESTIGE G&A LLC, SHALL IN NO EVENT EXCEED THE GREATER OF: (I) THE FEES PAID TO PRESTIGE G&A LLC FOR GRADING AND/OR AUTHENTICATION OF AN ITEM, OR (II) THE NET PROCEEDS OF INSURANCE (LESS ANY DEDUCTIBLE PAID BY PRESTIGE G&A LLC.
22. PRESTIGE G&A LLC OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES, NOR SHALL PRESTIGE G&A LLC OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY DAMAGES WHICH ARE BASED UPON ALLEGED NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY, OR ANY THEORY OTHER THAN THE LIMITED LIABILITY STATED HEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SAME.
23. If any items are being submitted on behalf of a third party, Customer represents and warrants that such third party has agreed and accepted this Agreement and has signed a duplicate copy hereof where indicated. Customer agrees to provide that third party signed copy to PRESTIGE G&A LLC at any time upon its request. PRESTIGE G&A LLC shall not be required to complete any work until Customer provides a copy of the executed third party Agreement.
24. Customer agrees to indemnify, defend and hold PRESTIGE G&A LLC and (as applicable) its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any loss, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or related to the submission of an item to PRESTIGE G&A LLC, related to the grade and/or determination of authenticity assigned by PRESTIGE G&A LLC, any services or products provided by PRESTIGE G&A LLC to Customer, Customer’s breach of this Agreement or the documents it incorporates by reference, or customer’s violation of any law or the rights of a third party. This indemnification will survive termination.
25. This Agreement is governed by and construed in accordance with the substantive laws of the State of Delaware, without regard to conflicts of laws principles. The parties hereby consent to personal jurisdiction of the courts of the State of Delaware with respect to any legal action to enforce the terms and conditions of this Agreement or otherwise arising under or with respect to this Agreement, and agree that venue for all such actions shall be in Sussex County, Delaware (Delaware Court of Chancery). The non-prevailing party shall pay all costs and expenses, including all attorneys’ fees and court costs, incurred by the prevailing party in enforcing the terms and conditions of this Agreement.
26. The terms and provisions in this Agreement constitutes the entire agreement of PRESTIGE G&A LLC and Customer (and any third party for whom Customer may be acting) regarding, and supersedes all prior agreements and understandings (written or oral) between or among such parties relating to the subject matter hereof. If any term or provision of this Agreement is determined by a final and unappealable 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 of the terms or provisions of this agreement. Each party shall execute and deliver such additional documents and instruments as any other party may request to better evidence or effectuate the agreements contained herein.
27. PRESTIGE G&A LLC reserves the right to not perform services requested by the customer for any reason, including items being too fragile to handle or encapsulate, items being of a type that PRESTIGE G&A LLC does not wish to grade and/or authenticate, or any other reason that may come up. If customer wishes to have a fragile item encapsulated and PRESTIGE G&A LLC agrees to perform the services requested, customer must agree to sign a waiver of liability prior to PRESTIGE G&A LLC starting the agreed to service.
28. The customer consents to receiving transactional communications (“email”), including, but not limited to, a confirmation email confirming account creation and email verification, a password reset email when requested by the customer, a confirmation email that the customer’s order has been received, a notification email that the customer’s order has shipped.
29. The customer consents to PRESTIGE G&A LLC sharing their personal information with third-party vendors for the purpose of fulfilling their orders, including, but not limited to, payment processors, and shipping carriers to print return labels. Our website may contain links to third-party websites, services, content, apps, and advertisements for third parties (“Third-Party Services”). We are not responsible for third parties or their Third-Party Services. Use caution when dealing with third parties and consult their terms of use and privacy policies.
30. All information we collect is subject to the PRESTIGE G&A LLC Customer Privacy Statement (“Privacy Policy”), which describes how we collect, use, and share information. By using our website, or otherwise using our services in any manner, you acknowledge that you have read the Privacy Policy, consent to our data practices as described in the Privacy Policy, and agree that these Terms and Conditions will govern any disputes arising out of or related to our Privacy Policy.