PSA will endeavor to grade items within the time frame, if any, offered as part of a PSA grading service. However, PSA will have no liability whatsoever to Customer for incidental or consequential damages due to PSA’s failure to grade any items within any time frame. All days are business days.
PSA will not grade items which bear evidence of trimming, recoloring, restoration or any other form of tampering, or are of questionable authenticity, and Customer agrees not to knowingly submit any such items. Customer agrees that in the event PSA rejects any items for grading, PSA shall not refund the amount paid by Customer because the determination to reject an item requires a review by PSA’s graders and authenticators. Customer represents and warrants that he/she has no knowledge and no reasonable basis to believe that any item submitted for grading has been altered in any way or is not genuine. For purposes of this Agreement, “altered items” shall have the meaning set forth in the applicable Dealer Agreement or PSA Collectors Club Agreement by and between Customer and PSA (the “Customer Agreement”). If Customer has not entered into the Customer Agreement, Customer hereby agrees to be bound by the terms and conditions of the Customer Agreement, a copy of which can be found at PSAcard.com/join, and Customer’s acceptance of this Agreement shall constitute Customer’s signature on the Customer Agreement. Customer reaffirms its obligations with respect to Doctored items set forth in the Customer Agreement.
Grading involves individual judgments that are subjective and require the exercise of professional opinion, which can change from time to time. Therefore, PSA makes no warranty or representation and shall have no liability whatsoever to Customer for the grade assigned by PSA to any item, except pursuant to PSA’s Financial Guarantee of Grade and Authenticity. Amount paid to PSA is NON-REFUNDABLE once the item begins the authentication and/or grading process.
An autographed item submitted under the PSA item grading and autograph authentication combination service must pass both autograph authentication and item grading authentication in order to be encapsulated. For example, an item that is deemed altered in any way will not be encapsulated even though the autograph may be genuine. In addition, if the item is deemed original and unaltered yet the autograph does not pass inspection, then the item may not be encapsulated. There may be very rare exceptions to the rule on a case-by-case basis (in cases where the autograph and item are deemed authentic but the item has been altered in some fashion). In a rare case where an authentic item has been altered, PSA may choose to label the item “Authentic” since the item cannot have a grade assigned. The final determination as to whether an item is encapsulated under these conditions is at PSA’s sole discretion. Amount paid to PSA is NONREFUNDABLE once the item begins the authentication and/or grading process.
PSA will exercise reasonable care in handling items submitted for grading, review, or reholdering. However, if PSA determines that Customer’s item was lost or damaged while in PSA’s possession, Customer will be compensated based upon the fair market value of the item as determined by PSA standard procedures, which may include filing a claim with our insurance carrier. 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. PSA reserves the right to decline your Declared Value and to require you to pay for the accurate Service Level as a condition of completing the authentication and grading process. For more information regarding Declared Value, refer to the FAQ on PSA’s website at https://www.psacard.com/resources/faq#104. If Customer’s submission is not in conformity with this Agreement or PSA’s submission guidelines, PSA reserves the right to process the submission and correct any non-conformity without notice to Customer. (See https://www.psacard.com/submissions/ for additional information.)
Customer must inspect all items immediately upon receipt and PSA disclaims any liability for damage or discrepancies or errors, including, but not limited to, errors in the description of the item unless reported to PSA within five (5) days of Customer’s receipt of the item(s). Customer agrees to return any incorrectly described item to PSA upon request for correction and agrees to indemnify and hold PSA harmless from any and all losses and/or claims caused by the circulation or sale of incorrectly described items.
Customer agrees (a) to pay to PSA all pricing and other charges when due; (b) that any delinquent balances shall accrue interest at the rate of 10% per year until paid (or, if less, the maximum interest rate permitted by applicable law); and (c) that PSA shall have a security interest in the items submitted, as well as in any other property of Customer in the possession of PSA or its affiliates (collectively, the “Property”), to secure payment thereof. Customer hereby grants to PSA an assignment of and lien against the Property in the amount of any pricing and other charges due and payable pursuant to the terms and conditions of this Agreement. Customer hereby authorizes PSA to file, at any time on or after the date such pricing totals and other charges become due, appropriate uniform commercial code financing statements in such jurisdictions and offices as PSA deems necessary in connection with the perfection of a security interest in the Property.
PSA shall have no liability whatsoever to Customer, or any third party for whom Customer may be acting, (i) for any personal injury or (ii) any damage to any item, or otherwise, resulting from the breaking open of a PSA item holder, or for any damage to any item that PSA can reasonably demonstrate occurred while the item was not in the custody or control of PSA including, but not limited to, loss or damage to items while being shipped to PSA, or while being shipped by PSA to Customer by a method selected and paid for by Customer.
Except as expressly set forth herein to the contrary, PSA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, REGARDING PSA’S GOODS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Notwithstanding anything to the contrary contained herein, except with respect to the remedies under the PSA Financial Guarantee of Grade and Authenticity set forth at PSACard.com (the “Guarantee”), THE MAXIMUM AGGREGATE LIABILITY THAT PSA SHALL HAVE TO CUSTOMER, OR ANY THIRD PARTY FOR WHOM THE CUSTOMER MAY BE ACTING, ARISING FROM ANY CAUSE, ACT, OMISSION OR OTHER CIRCUMSTANCE, SHALL IN NO EVENT EXCEED THE GRADING CHARGES OR LESS ACTUALLY PAID BY CUSTOMER FOR THE GRADING SERVICES RENDERED BY PSA WITH RESPECT TO THE ITEMS SUBMITTED FOR GRADING HEREUNDER. IN NO EVENT SHALL PSA OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS, BE LIABLE TO CUSTOMER OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In the ordinary course of its grading operations, PSA (i) compiles data regarding each item submitted for grading, including, but not limited to, data relating to the identity, production, condition and grade of the item (the “Data”); and (ii) may take, or have taken, one or more digital or other types of photographs, images or reproductions of each such item (collectively, the “Images”). In consideration for the grading services being provided by PSA, Customer, on behalf of itself and any third party for whom Customer may be acting, hereby authorizes PSA (i) to compile and maintain such Data with respect to each item submitted hereunder for grading; and (ii) to take, or cause to be taken, one or more Images of each such item, and further agrees that PSA will be the owner of such Data and all such Images and that PSA may use and exploit such Data and the Images for commercial and any other purposes, as PSA in its sole discretion deems appropriate, including, but not limited to, the publication and republication or reproduction in or on any media, of such Data and Images. Without limiting the generality of the foregoing, Customer, on behalf of itself and any third party for whom Customer may be acting with respect to this agreement, unconditionally and irrevocably transfers, conveys and assigns to PSA any and all current and any hereafter acquired rights, title and interests (including, without limitation, rights in copyright, patent, trade secret and trademark) that Customer or any such third party may have in or to the Data and the Images (on whatever media or in whatever form such Images may be reproduced or published).
If any items are being submitted for a third party, Customer represents and warrants that such third party has agreed and accepted this Agreement and has signed a duplicate copy hereof. Customer agrees to provide that third party signed copy to PSA at any time upon its request.
This Agreement is delivered and accepted in the State of California and it is the intention of the parties that it be governed by and construed in accordance with the substantive laws of that State, without regard to conflicts of laws principles. The parties hereby consent to personal jurisdiction of the courts of the State of California 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 the Superior Court of California, County of Orange, or, if applicable, federal District Court sitting in the County of Orange, State of California, shall be the sole venue, and the State of California shall be the sole forum, for the bringing of such action. Each of Customer and PSA agrees that the prevailing party shall be entitled to an award of its reasonable attorney’s fees, costs and expenses.
The terms and conditions provisions in this Agreement and the Customer Agreement, if applicable, constitute the entire agreement of PSA and Customer (and any third party for whom Customer may be acting) regarding, and supersede all prior agreements and understandings (written or oral) between or among such parties relating to, the subject matter hereof. If it is determined that there are any inconsistencies between this Agreement and the Customer Agreement, then this Agreement shall control. If any term or provision of this Agreement is determined, by a final and non-appealable 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 terms and conditions 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, including the assignment of rights set forth in Section 11, and procedures, and further agree that PSA is entitled to rely upon and benefit from those terms and conditions procedures.