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TERMS and CONDITIONS 1. BLGC will endeavor to grade cards within the time frame offered as part of a BLGC grading service with “days” referring to business days. However, BLGC disclaims any liability for incidental or consequential damages due to BLGC’s failure to grade any cards within the time frame. 2. BLGC will not grade cards which bear evidence of trimming, recoloring, restoration, or any other forms of tampering, or are of questionable authenticity, and customer agrees not to knowingly submit any such card(s). Customer agrees that in the event BLGC rejects any cards for grading, BLGC shall not refund the fee paid by Customer because the determination to reject a card requires a review by BLGC’s graders and authenticators. 3. The final determination as to whether a card is encapsulated under these conditions, is at BLGC’s discretion. Grading involves individual judgments that are subjective and require the exercise of professional opinion, which can change from time to time. Therefore, BLGC disclaims any warranties, express or implied with respect to the grade assigned by BLGC to any card. 4. Crossover Service is available. Cards graded by other third party firms may be submitted in their holders for BLGC’s grading. This service is available under all service levels. If Customer is willing to accept any BLGC opinion, even if the result is evidence of trimming, questionable, authenticity, etc., it may result in the card being returned unholdered. 5. If BLGC determines that Customer’s card was lost or damaged while in BLGC’s possession. Customer will be compensated in accordance with BLGC’s standard procedures applicable at the time of submission and not necessarily based upon the insured value Customer assigned to the card. Such compensation shall be Customer’s exclusive remedy for any loss or damage, and BLGC disclaims any liability for incidental or consequential damages arising there from. BLGC shall have no liability whatsoever to any Customer for any personal injury or damage to any card, or otherwise, resulting from the breaking open of a BLGC card holder, or for any damage to any card that BLGC can reasonably demonstrate occurred while the card was not in the custody or control of BLGC including, but not limited to, loss or damage to card while being shipped to BLGC, or while being shipped by BLGC to Customer by a method selected and paid for by Customer. 6. Customer must inspect all cards immediately upon receipt and BLGC disclaims any liability for damage or discrepancies (such as errors pertaining to the description of the card) unless reported to BLGC within (5) days for Customer’s receipt of the cards. Customer agrees to return any incorrectly described card to BLGC at anytime for correction and agrees to indemnify and hold BLGC harmless from any and all losses and/or claims caused by the circulation or sale of incorrectly described cards. 7. Payment for all BLGC services are due upon submission except as otherwise expressly agreed by BLGC by writing. Customer agrees that BLGC may charge Customer interest at the highest rate permitted by law on any unpaid balances, and the BLGC shall have a security interest in any property of Customer’s in the possession of BLGC or any affiliate thereof to secure Customer’s payment obligation hereunder. 8. Except as expressly set forth herein, BLGC disclaims any and all warranties, express or implied, regarding BLGC’s goods and services including the warranties of merchantabilities and fitness for a particular purpose. 9. EXCLUSIVE JURISDICTION AND VENUE FOR ANY DISPUTE ARISING FROM CUSTOMER’S SUBMISSION OR CARDS TO BLGC SHALL BE IN THE SUPERIOR COURT, GREENE COUNTY, MISSOURI, AND CUSTOMER AGREES TO WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY SUCH ACTION, AND FURTHER AGREES THAT THE PREVAILING PARTY IN ANY SUCH ACTION SHALL BE ENTITLED TO AN AWARD OF IT’S ATTORNEY FEES AND COSTS.
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