TOS
By submitting items for grading and authentication to Audio Media Grading, Inc. (“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.
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.
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.
Any shipping carrier used to send an item to or from AMG, whether selected by Customer or by AMG, is an independent third party and does not represent or act as an agent of AMG. AMG is not liable for any loss, damage, theft, delay, or destruction of an item while it is in transit to AMG, including damage caused by packing materials (including damage occurring during unpacking), or loss of or damage to any extraneous materials shipped alongside an item, such as outer packaging, display cases, accessories, or documentation, that are not part of the item itself. Customer bears the sole cost and risk of loss, damage, theft, delay, or destruction occurring during shipment to AMG, including the cost of obtaining insurance coverage for that shipment; AMG does not insure inbound shipments.
AMG’s responsibility for an item does not begin until the item has been received, unpacked, inspected, and logged into AMG’s system. A carrier’s delivery confirmation or signature, by itself, does not establish that AMG has received or is responsible for an item.
For outbound (return) shipments, an item is covered up to the Maximum Insured Value described in the section below, extended to cover the return shipment. If damage is confirmed to have occurred during a shipment insured by AMG, or reported under Customer’s own carrier or insurance policy, AMG will request the return of the damaged item to assist Customer in processing the applicable insurance claim. A damaged item will not be returned to Customer once the related insurance claim has been paid.
LOSS, THEFT, OR DAMAGE TO ITEMS IN AMG’S POSSESSION:
AMG will exercise reasonable and ordinary care in handling items while they are in AMG’s possession or control — meaning after an item has been received, unpacked, and logged in, and before it has been shipped, returned, or otherwise released to Customer or a third party. For the avoidance of doubt, AMG’s “possession or control” does not include any period during which an item is in transit, which is addressed in the section above, and does not include any period after an item has been released to Customer, a carrier, or any other third party.
Customers who purchase AMG’s optional insurance coverage for a submission are covered, up to the declared value selected at submission (the “Maximum Insured Value”), for actual loss, theft, or damage sustained by an insured item while in AMG’s possession or control. If AMG determines, in its sole discretion, that an insured item was lost, stolen, or damaged while in AMG’s possession or control, AMG will compensate Customer based on the degree of loss or damage, up to the lesser of (a) the item’s fair market value at the time of loss, as determined by AMG, or (b) the Maximum Insured Value selected by Customer for that item.
Customers who decline AMG’s optional insurance coverage are not eligible for compensation under this section, and AMG shall have no liability for loss, theft, or damage to an uninsured item while in AMG’s possession or control, consistent with the Indemnification, Release and Limitation of Damages section below.
In the event a Customer would like to file an insurance claim, the customer must return the damaged item to AMG. Depending on the condition of a damaged, insured item, AMG may elect to (a) return the item to Customer and compensate Customer for the reduction in value caused by the damage, or (b) retain the item and pay Customer the maximum compensation available under this section.
Any compensation paid under this section is Customer’s sole and exclusive remedy, and AMG’s entire liability, for loss, theft, or damage to an item while in AMG’s possession or control, including for damage caused by AMG’s negligence. As a condition of payment, Customer must sign AMG’s standard release of claims. AMG will have no liability for any loss or damage occurring after an item has been shipped, returned, or otherwise released from AMG’s possession or control, and will not be liable for consequential, incidental, special, or indirect damages of any kind, including loss of intrinsic or sentimental value.
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 14 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.
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.
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.
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.
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.
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.
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.
THERE ARE NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.