COLLECTIBLE MARKET QUALIFIED TERMS & CONDITIONS
The undersigned hereby confirms they have read and agreed to abide by the terms and conditions set forth below concerning the submission of coins for review and verification by Market Place Partners LLC, doing business as Collectible Market Qualified (“CMQ”):
- Submissions are limited to coins that have been previously graded by CAC, NGC or PCGS, and are submitted in their original graded holders.
- Coins which are determined by CMQ in their sole and absolute discretion to be of superior quality and eye appeal within their designated grade will be awarded a CMQ sticker, to be placed on the coin holder.
- The determination of which coins are of superior quality and eye appeal within their predesignated grade is subjective, requiring the exercise of professional opinion. Therefore, CMQ makes no warranty or representation and shall have no liability whatsoever for the designation by CMQ that a coin submitted for review is designated by its sticker to be of superior quality and eye appeal or for failure to designate a coin as having superior quality and eye appeal.
- Only coins listed on the CMQ website will be accepted for submission and review.
- CMQ will exercise reasonable care in handling coins submitted for its review. In the event CMQ determines that a customer's coin was lost or damaged while in its possession or control, the customer will be compensated based upon the fair market value of the coin as determined by CMQ, and if applicable, its insurance carrier.
- CMQ accepts no liability for coins lost or damaged while not in CMQ's custody or control.
- In submitting a coin for review, the declared value of a coin will be default to CMQ's proprietary pricing algorithm. Customer may edit the declared value. The declared value is solely for the purpose of estimating insurance coverage and is not intended to, nor does it establish the fair market value of the coin, which may be less than the declared value. In no event will CMQ's liability exceed the declared value of a coin.
- A customer must inspect all coins returned immediately upon receipt. This is important, as CMQ will not be liable for any damage to a coin that is not reported to CMQ within five (5) days of a customer's receipt of the coin, time being of the essence.
- Customer agrees to pay CMQ all fees and other charges, including where applicable shipping and insurance charges, as calculated on its submission invoice, in full, at the time the coins are submitted to CMQ for its review, including the application of any available customer credit. All such fees are nonrefundable. CMQ may offset the amount of any unpaid fees and charges against any amounts owed to Customer by CMQ or its affiliates.
- CMQ shall not be liable to customer or any third party for any damage to a coin that a customer is unable to demonstrate was directly attributable to an act or omission of CMQ while the coin was in its possession or control.
- IN NO EVENT SHALL CMQ OR ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE UNDER ANY CIRCUMSTANCES TO A CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL DAMAGES, LOST PROFITS OR OTHER ECONOMIC LOSS SUFFERED, HOWSOEVER CAUSED AS A RESULT OF ANY NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Except as expressly set forth herein, CMQ HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING ITS SERVICES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- CMQ shall provide insurance for physical loss or damage to coins submitted to it for review while in CMQ's possession or control and in transit when shipped by CMQ. The terms, conditions, exclusions and limitations of CMQ's insurance policy shall apply, and the extent and amounts of coverage shall be as determined by the insurance company. Customer may provide additional insurance coverage as customer sees fit, but such insurance may invalidate CMQ's insurance. Any liability of CMQ for loss, theft, or damage to coins submitted to it shall be limited to CMQ's insurance coverage. Customer hereby releases CMQ from all liability relating to such coins from any cause whatsoever, including CMQ's negligence, except to the extent of any applicable insurance coverage maintained by CMQ.
- Customer acknowledges and confirms that it is responsible for all shipping charges, insurance and selecting a carrier when submitting coins to CMQ. Upon Customer's request, CMQ will assist customer in arranging for shipping. Risk of loss for coins in transit to CMQ remains with customer until the coins are received by CMQ.
- Customer acknowledges and confirms that in the course of providing its review services, CMQ may take one or more digital photographs or images of coins submitted to it for review, and that in consideration of the services, customer agrees that CMQ will be the owner of these images and may use and exploit the images for any purpose it deems appropriate.
- Customer acknowledges and confirms that CMQ shall have the right and option to post on its website the details of any submission without obligation or liability to the customer.
- In the event any coins submitted to CMQ for review are submitted on behalf of a third party, by such submission, customer shall be deemed to represent and warrant such third party has reviewed and accepted these terms and conditions.
- These terms and conditions shall be governed by the laws of the State of California, which shall have exclusive jurisdiction over any dispute related thereto.
- By submitting a coin to CMQ for review, customer shall be deemed to have reviewed and accepted these terms and conditions.
- CMQ reserves the right to reject any coin submitted to it for review for any reason.