EXTENDED TERMS AND CONDITIONS
AUTHENTICITY: By submitting items for grading and authentication to Audio Media Grading, LLC (“AMG”), you (the "Customer") attest that you are unaware of any restoration having been performed on submitted items by any other person or entity. Customer acknowledges that an intentional attempt to defraud AMG may result in Customer being held financially liable for any damages suffered by AMG because of Customer’s acts or omission, including, without limitation, damages to AMG’s business reputation.
REJECTION OF SUBMITTALS: AMG reserves the right to reject any item submitted to AMG for any reason in its sole and exclusive judgment. AMG will not assign a grade to any item which bears evidence of restoration, resealing, or other forms of tampering. In addition, any item AMG determines to be of questionable authenticity will be refused for grading. In the event AMG determines that an item has been tampered with and rejects the item for grading, the fee paid by the Customer for the grading service shall not be refunded.
LOSS OR DAMAGE TO ITEMS: AMG is not liable for loss, damage, or destruction of an item during shipping to or from AMG regardless whether sent by Customer or AMG, and Customer releases AMG from any such claims. Customer’s sole recourse in the event loss, damage, or destruction occurs during shipping by Customer or AMG or following an item being left by Customer in AMG's possession at a convention or show or other event ("Show Submission") is insurance provided by the shipping carrier or insurance agency. Customer must arrange for (at Customer's cost) insurance coverage for shipments made by Customer to AMG, and AMG will arrange for insurance coverage for Show Submissions (at AMG's cost) and for submissions sent back from AMG to Customer once complete (although AMG will arrange for insurance coverage for such return shipment to Customer only if paid for by Customer). Such insurance for the items shall be at its full fair market value, as designated by Customer. The full fair market value of item, as designated by Customer, represents the maximum replacement value and insurance coverage associated with item, including all grading, shipping, and other related fees applicable for item, while in return transit to Customer or while in transit from a Show Submission to AMG's facilities. In the event of damage in transit, AMG will request the return of damaged item(s) to help Customer process the insurance claim. Damaged items will not be returned to Customer if insurance claim is paid.
INSPECTION OF ITEM: Customer shall inspect any item shipped by AMG to Customer immediately upon receipt. Customer shall notify AMG in writing either via e-mail or written letter to the address indicated on AMG’s website of any damage or discrepancy in the item shipped by AMG to Customer within 14 business days of receipt of the item. Receipt of the item is determined by the date indicated on the delivery confirmation or tracking provided by the shipping carrier. Failure to notify AMG in writing within 5 business days results in the waiver of any claim customer may have against AMG for the damage or discrepancy in the item or services performed.
SERVICES / TIME OF COMPLETION: You agree to pay us for the grading, authentication, acrylic fabrication and other services we perform at the prices listed on our website for standard items or for custom items at the prices we quote you soon after your submission. AMG’s anticipated turnaround times are posted on the website. While the anticipated turnaround time is not a guarantee, it is a goal we strive to achieve. Custom services will typically take longer than the standard turnaround time, depending on the size of items, design work involved, volume of items, availability of materials, and other conditions impacting business. AMG is not liable for any claim arising out of or relating to the failure of AMG to provide services to customer within anticipated turnaround times and customer waives all such claims and releases AMG from any such claim.
FORFEITURE OF ITEMS: Customer acknowledges that all items submitted for grading to AMG, and subsequently left unpaid for, for a period of greater than 180 days, may be forfeited to AMG at AMG’s sole discretion. AMG will use reasonable efforts to contact customer by telephone, email, and otherwise to inform customer of the potential forfeiture of items. In the event customer decides to have items returned un-graded within 180 days of receipt by AMG, customer agrees to be responsible for all associated return shipping charges along with a processing and handling fee equivalent to 50% of the retail price of the item price.
INDEMNIFICATION, RELEASE AND LIMITATION OF DAMAGES: While AMG agrees to handle all items with care, Customer agrees to indemnify, defend, hold harmless and release AMG and its officers, directors, and owners from and against all claims and damages, whether actual or consequential, including attorney’s fees, costs, and expenses, arising out of or relating to the agreement or services regardless of whether those claims or damages are based in law, equity, tort, warranty, contract, or federal or state statutory claims, including claims alleged to be the result of the negligent acts or omissions of AMG, unless otherwise provided by statute.
USE OF PHOTOGRAPHS: Customer agrees that AMG may take photographs, pictures, and video images of any item submitted by Customer, including digital depictions thereof, for use on AMG’s website, social media channels, advertisements, promotional material, catalogs, archives, and for any other use AMG deems necessary. Customer agrees that AMG is the sole and proprietary owner of said photographs, pictures, and video images.
ACTS OF GOD: AMG shall not be liable for any damage, whether actual or consequential, or claim arising out of or relating to acts of God, accidents, civil disturbances, delays in obtaining materials, fires, weather conditions, strikes, war or other causes beyond AMG’s reasonable control.
ACKNOWLEDGEMENT: The undersigned has read, understands, acknowledges, and agrees to each of the provisions of this Agreement. The undersigned is at least 18 years of age.
WARRANTY: THERE ARE NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.