The CGC Guarantee
Subject to the terms, conditions, and limitations specified below, a CGC-certified comic book, magazine, lobby card, concert poster, print/sketch/photograph, card, video game, or home video (each, a “Collectible”) encapsulated in a CGC holder is guaranteed as follows:
|Type of Collectible||What is Guaranteed|
|Comic books, magazines, lobby cards, and concert posters (non-CGC Signature Series) (excluding collectibles encapsulated in the red CGC Memorabilia Label)||
|CGC Signature Series (any label) comic books, magazines, and concert posters||
|CGC Signature Series (any label) prints, sketches, and photographs||
|Cards (INCLUDING Sports Cards encapsulated by Certified Sports Guaranty (“CSG”))||
Important Note: Because of the fragile nature of most paper Collectibles, the grade is not guaranteed (other than for cards).
Where to Submit a Claim
|United Kingdom||Certified Collectibles Group - International UK Limited (“CCG UK”)||
69 Southampton Row, 2nd Fl.
London, United Kingdom
(+44) (0) 20 3968 3848
|Germany||See * Below||
NGC International GmbH
80335 Munich, Germany
+49 (0) 89 550 66 780
|EVERYWHERE ELSE||Certified Guaranty Company, LLC (“CGC”)|
All claims under the CGC Guarantee must be made to the appropriate Guarantor in the appropriate jurisdiction.
Guarantee Conditions and Limitations
An owner of a CGC-certified Collectible (“Owner”) who believes that
- the Collectible (other than a CGC Signature Series print, sketch, or photograph) is not genuine;
- the designated witnessed signature on a CGC Signature Series Collectible is not genuine; or
- the CGC-certified card is overgraded;
shall submit it for evaluation under CGC’s free “Appearance Review” service. It is not necessary to be a CGC member to submit a Collectible for Appearance Review.
To submit a Collectible for Appearance Review, Owner shall furnish Guarantor with all supporting documents, including receipts, that Owner’s claim relies on. If Guarantor determines, in its sole reasonable opinion, that Owner is entitled to a remedy under this Guarantee, Guarantor will offer a remedy as set forth below.
Guarantor is committed in all cases to proposing a fair and reasonable remedy. If Owner does not accept such remedy, the Collectible will be removed from the CGC holder and returned to Owner along with a payment of the grading fees originally paid to grade the Collectible and any reasonable shipping expenses incurred in returning the Collectible for correction. Under no circumstances will (i) a Collectible that has been determined to be not genuine be returned in a CGC holder or (ii) a Collectible that has been determined to be overgraded or mis-described be returned in a CGC holder with an incorrect label.
Remedies for Collectibles that are Not Genuine or (in the Case of Cards Only) Are Overgraded. If Guarantor determines, in its sole reasonable opinion, that
- the Collectible (other than a CGC Signatures Series sketch, print, or photograph) is not genuine;
- a designated witnessed signature is not genuine; or
- the correct grade for the CGC-certified card is lower than the one assigned on the CGC label;
then Guarantor will offer one of the three remedies described below. The choice of remedy will be made by Guarantor in its sole discretion, and the remedies are subject to the further limitations set forth below. Current Fair Market Value is determined solely by Guarantor as described in each of the listed remedies and the “Fair Market Value” paragraph that follows.
- For Cards Only: Guarantor shall (a) return the card to Owner encapsulated with a label indicating the newly established correct (lower) grade and (b) pay to Owner the difference between the current Fair Market Value of an accurately graded card at the original incorrect (higher) grade and the current Fair Market Value of the card at the newly established correct (lower) grade.
- Guarantor may purchase the Collectible from Owner. Guarantor will pay the lesser of
- the Declared Value of the Collectible as stated by Owner on the submission form for Appearance Review;
- the Fair Market Value of an accurately graded, genuine Collectible at the original grade; or
- the amount actually paid for the Collectible by Owner in an actual arm's length transaction, plus any postage, shipping or other incidental expenses incurred by Owner in submitting the Collectible for Appearance Review service.
- Alternatively, Guarantor may retain the submitted Collectible and provide to Owner in its place an equivalent Collectible that is genuine and has the same grade as originally assigned to the submitted Collectible.
Important Limitation: Under no circumstance will compensation be paid in instances where Owner has suffered no actual damages as a result of the error in certification or in reliance on the Guarantee.
The above are the exclusive remedies provided under this Guarantee. By making a claim under this Guarantee, Owner agrees to the exclusive remedies provided above and waives its right to all other remedies including, without limitation, through litigation.
Fair Market Value. Guarantor will determine, if and as necessary, and in its sole reasonably exercised discretion, the current “Fair Market Value” of the Collectible if it were to be sold. Guarantor will determine the current Fair Market Value of a Collectible based upon what Guarantor believes, in its sole reasonably exercised opinion, to be reliable current market information. Guarantor may use actual pricing and sales information available to it, including prices in the actual transaction history of the Collectible in question. However, due to the volatile nature of the market and Internet auctions/sales as well as the differences in buying habits of different individuals, such information may not necessarily represent the accurate current Fair Market Value of any particular Collectible, which again, will be determined by Guarantor in its sole reasonably exercised discretion. In determining the Fair Market Value, Guarantor will not be bound by the values included within any CGC Price Guide.
WARNING: THIS GUARANTEE IS LIMITED. The following terms, limitations and restrictions apply with regard to the above guarantee and available remedies, and Owner agrees to be bound by all of the terms, conditions and limitations set forth herein:
- Covered Collectibles. This Guarantee applies only to Collectibles in CGC holders or sports cards in CSG holders.
- Co-Certified Collectibles. Collectibles co-certified by CGC and Collectibles Authentication Guaranty, LLC (“CAG”) are covered only by the CAG Guarantee, not the CGC Guarantee. Claims under the CAG Guarantee must be made to CAG in the United States.
- Required Information. In fulfillment of this Guarantee, Owner may be required to provide information and available documentation regarding the transaction history of a particular Collectible, including the date purchased, the purchase price, the seller and the transaction amount. Owner may also be required to minimize Owner’s damage and attempt to reverse a prior transaction. Owner may further be required to provide proof to the effect that negotiations to reverse a prior transaction have failed. Owner acknowledges that Owner’s inability to provide requested information and/or non-cooperation in providing requested information constitutes a failure of an essential condition to this Guarantee and will result in the Collectible’s exclusion from this Guarantee.
- Cooperation with Insurer. Owner shall, at Guarantor’s request, fully cooperate with any insurance investigation or claim adjustment process. Owner acknowledges that a refusal to so cooperate will result in the Collectible’s exclusion from this Guarantee.
- CGC/CSG Holders. This Guarantee does not apply to Collectibles that have been removed from a CGC or CSG holder, or if the CGC or CSG holder containing a Collectible has been damaged, unsealed, tampered with, or altered. The determination as to whether this has occurred shall be at the sole reasonable discretion of Guarantor. Further, this Guarantee does not apply to counterfeit or tampered CGC or CSG holders.
- Improper Storage. This Guarantee does not apply if Guarantor determines that a Collectible submitted for Appearance Review has a lower grade than that originally assigned as a direct result of the CGC or CSG holder having been subject to abuse, alteration or improper storage conditions such as (but not limited to) extreme temperature, moisture, damaging environmental conditions, excessive light, excessive motion, impact, or vibration or any other extreme conditions and that such exposure of the holder is capable of affecting the condition of the graded Collectible.
- Deterioration of Certain Collectibles. This Guarantee does not apply to certain inherently fragile collectibles where the appearance of the collectible changes or deteriorates over time and such change or deterioration is responsible for any discrepancy between the assigned grade and the collectible’s actual grade. For example, certain comic books with glossy covers may experience ink flecking or “color lift” even when encapsulated. Certain cards (including metal cards) may also experience ink flecking or the chipping, flaking, or dislodging of additive features. Guarantor shall make the sole reasonable determination as to whether these types of deterioration have occurred.
- Video Game and Home Video Designations. This Guarantee does not apply to any designations assigned to video games or home video, including but not limited to Sealed, New, Complete/Complete-in-Box and Opened. CGC will assign these designations in its sole reasonably exercised opinion based on the information and knowledge available to it at the same. However, because contemporaneous information about video game and home video packaging is often unavailable, these designations are subject to continued debate, even among experts, and therefore this Guarantee does not apply to any designations assigned to video games or home video.
- Video Game or Home Video Contents and Function. This Guarantee does not apply to internal components of video game or home video boxes and packaging, which are susceptible to damage from sliding, shifting, battery leakage/combustion, “disc rot,” or degradation of magnetic tape materials. This Guarantee does not apply to the function or “playability” of a video game cartridge or disc or of a home video tape or disc.
- Card Sub-Grades. If a graded card contains sub-grades, those sub-grades are considered part of the assigned numeric grade of the card for purposes of the CGC Guarantee.
- Third Party Information and Attributions. Information listed on a label that originates from a third party (including, without limitation, any information from the manufacturer) and any attributions (including variant attributions, reference attributions and pedigree attributions) are NOT guaranteed. Certain comic books, magazines, cards, video games, and home video are commonly collected by variants that distinguish cover type, paper type, ink color (i.e., red, blue, ultraviolet, etc.), spelling variant, or other printing difference. CGC will attribute those variants that it deems, in its sole reasonably exercised opinion, to be major variants that are widely collected and accepted as legitimate variants by the relevant collecting community at the time the Collectible is graded. New information may cause CGC to no longer recognize an attribution that was previously assigned, which, again, is not covered by this Guarantee. It is not guaranteed that a particular variant or designation will always be recognized, and attribution policies are subject to change without notice. Further, Guarantor’s calculation of a Collectible’s Fair Market Value will be based on a generic example of the Collectible at the original grade without any variant, reference or pedigree attribution.
- Pedigrees. Pedigrees are not guaranteed, and if a pedigree is incorrectly assigned to a Collectible, it is the duty of Owner to return that Collectible for correction. Further, Guarantor’s calculation of a Collectible’s Fair Market Value will be based on a generic example of the Collectible at the original grade without any pedigree.
- Clerical or Mechanical Errors. A clerical or mechanical error occurs when a Collectible is encapsulated with a label that bears a grade and/or description that clearly does not correspond with the Collectible. It is the duty of the buyer and seller of a Collectible to examine such Collectible for a clerical or mechanical error and to return such Collectible for correction when warranted. This Guarantee does not apply when Guarantor determines, in its sole reasonable discretion, that a clerical or mechanical error has resulted in the Collectible having an incorrect grade or description. If requested, any clerical or mechanical errors will be remedied free of charge by updating the encapsulation to show an appropriate label.
CGC (and CSG) certification labels with incorrect dates, issue numbers, and card types (all of which should be obvious to someone who performs an inspection of the Collectible and label) or obviously incorrect grades are considered clerical or mechanical errors. Examples of such errors include, but are not limited to, the following:
- A comic book label description references issue 52, when the comic book actually has an issue number of 82.
- A magazine label description references a 2005 issue date when the magazine cover is actually dated 2010.
- A card is graded 10 when it should have been graded 1, a clerical error with respect to grade that would be obvious to a collector.
- A card is listed as being from a refractor set when the card is not a refractor card.
- A video game label description references “complete-in-box” when clearly only the cartridge is present in the CGC holder.
- A home video label description references “VHS” when clearly the home video case is a DVD.
- CGC Registry. This Guarantee does not cover a Collectible’s status in the CGC Registry, including eligibility or points assigned. Changes to the CGC Registry may be made without notice, and it is not guaranteed that a Collectible will always be eligible for inclusion in the CGC Registry nor is it guaranteed that it will receive a certain point score.
- Knowledge of Error. If Owner is informed by CGC that a Collectible is not genuine or has been overgraded or that the label has a clerical error, it is the duty of Owner to immediately return the Collectible. If Owner does not immediately return the Collectible after such notice, then (a) this Guarantee will no longer apply to that Collectible, (b) if Owner sells, trades or otherwise transfers ownership of the Collectible instead of returning it, then Owner may be liable to the buyer for fraud or otherwise be subject to legal recourse, and (c) Guarantor reserves all rights to pursue any available remedies against Owner. Owners and prospective buyers of CGC or CSG-certified Collectibles are strongly encouraged to enter a Collectible’s CGC (or CSG) certification number in the Verify CGC Certification section of the CGC website for notification of possible errors.
- Red CGC Memorabilia Label. The CGC Guarantee does not apply to any Collectibles with the red CGC Memorabilia label.
EXCEPT FOR ANY EXPRESS WARRANTIES SET FORTH IN THIS GUARANTEE AND PROVIDED THAT COMPULSORY STATUTORY WARRANTY OBLIGATIONS MAY APPLY TO ANY LOCAL SUBMISSION TO A CGC AFFILIATE UNDER APPLICABLE LOCAL LAW, CGC AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING CGC, ITS AFFILIATES, AND/OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AS CONCERNS THE PRESENT GUARANTEE, IN NO EVENT SHALL CGC 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, AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS GUARANTEE IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CGC, ITS AFFILIATES, AND ANY OF ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS TO THE CUSTOMER OR ANY THIRD PARTY FOR WHOM THE CUSTOMER MAY BE ACTING, ARISING FROM ANY CAUSE, ACT, OMISSION OR OTHER CIRCUMSTANCE, EXCEED THE FEES PAID OR PAYABLE FOR THE SERVICES ORDERED BY THE SUBMITTER OF SUCH ITEM(S).
CLAIMANTS UNDER THIS GUARANTEE HEREBY WAIVE TRIAL BY JURY.
If any part of this Guarantee shall be declared invalid or unenforceable by a court of competent jurisdiction, it shall not affect the validity of the balance of this Guarantee. In such circumstance, the provision declared invalid/unenforceable shall be re-drafted as closely to the original provision as allowed by law, so as to give effect to CGC and its affiliates’ intent.
Exclusive Venue for Disputes and Governing Law
In the event of a dispute arising out of or relating to this Guarantee, Owner agrees to exclusive venue as follows:
|Owner’s Residence||EXCLUSIVE Venue|
|United Kingdom||Appropriate UK Court where CCG UK is located.|
|Germany||Appropriate German Court where NGC GmbH is located OR state court in Sarasota, Florida OR the US District Court for the Middle District of Florida|
|EVERYWHERE ELSE||State court in Sarasota, Florida or the U.S. District Court for the Middle District of Florida|
All other claims made under this Guarantee will be governed by the substantive law of the State of Florida, USA, without regard to its choice-of-law principles.
Should there be any discrepancy between the English language version of this Guarantee and the version of this Guarantee as translated into another language, the English language version shall prevail, govern and control in all respects.
*NGC International GmbH (“NGC GmbH”) is not a guarantor under this Guarantee but will perform its contracted services for Owner subject to a regular statutory contract warranty under German law (the “German Warranty”) for the statutory period. CGC will be the Guarantor under this Guarantee for residents of Germany after NGC GmbH’s statutory warranty period under German law has expired; provided, however, that Owner’s recovery from CGC under this Guarantee shall be reduced by the value of any remedies previously afforded pursuant to the Germany Warranty.