DJR Authentication Submission Terms and Conditions
By signing the submission form, Customer acknowledges that they have read the DJR Authentication Terms and Conditions (the “Agreement”) set forth below and agrees to abide by this Agreement, and further agrees that DJR Authentication is entitled to rely upon and benefit from this Agreement.
1. DJR Authentication will endeavor to certify submissions within a reasonable time frame. However, DJR Authentication will have no liability whatsoever to the customer for damages (including incidental or consequential damages) allegedly due to DJR Authentication’s failure to certify any submission within any time frame.
2. DJR Authentication may not certify items consisting of A: autographs that are damaged and/or illegible or, B: autographed items exceeding DJR Authentication’s weight restrictions.
3. Fees paid to DJR Authentication are NON-REFUNDABLE once the autographed item begins the authentication process.
4. Certification and authentication involves an individual judgment that is subjective and requires the exercise of professional opinion, which can change from time to time. Therefore, DJR Authentication makes no warranty or representation and shall have no liability whatsoever to the customer for the opinion rendered by DJR Authentication to any submission.
5. DJR Authentication will exercise reasonable care in handling submissions for authentication. However, if DJR Authentication determines the Customer’s submission was lost or damaged while in DJR Authentication’s possession, Customer will be compensated based upon the fair market value of the submission as determined by DJR Authentication standard procedures which may include filing a claim with our insurance carrier. The declared value you stated on the front of this form is for estimating the insurance coverage only, and the fair market value of the submission may be less than your declared value. IN NO EVENT SHALL THE TOTAL LIABILITY EXCEED THE DECLARED VALUE OF THE ITEM.
6. Customer must inspect all submitted items immediately upon receipt from DJR Authentication and report any damage or discrepancy to DJR Authentication within three (3) days of receipt. Customer must also inspect all submissions immediately upon receipt for mechanical errors pertaining to the description of the submission. Mechanical errors include, but are not limited to, such errors as incorrect date or designation. Customer agrees to return any incorrectly described item to DJR Authentication upon request at any time and agrees to indemnify and hold harmless DJR Authentication and its affiliates against all losses and/or claims (including attorney’s fees) caused by the circulation or sale of a mismarked or inappropriate item or any unauthorized use of a DJR Authentication certificate or label.
7. DJR Authentication shall have no liability whatsoever to the customer for any loss or damage of any submitted item occurring while the item is not in the custody or control of DJR Authentication.
8. Occasionally, our experts cannot express an opinion on an item. Such items will be designated, as “Inconclusive” and a credit voucher will be issued in the full amount of the authentication fee. This voucher can be used towards future submissions.
9. It is absolutely essential that submissions sent to DJR Authentication be packaged and shipped in strict accordance to the shipping carriers requirements. DJR Authentication shall have no liability whatsoever for any damage to any submission shipped or delivered to DJR Authentication in a manner that does not strictly conform to the shipping carriers specifications, such as during transit to and from DJR AUTHENTICATION.
10. Except as expressly specified set forth herein, DJR Authentication disclaims any and all warranties, express or implied, (including the warranty of merchantability and the warranty of fitness for a particular purpose) regarding our service.
11. Notwithstanding anything to the contrary contained herein, THE MAXIMUM AGGREGATE LIABILITY THAT DJR AUTHENTICATION 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 AUTHENTICATION FEE OR LESS ACTUALLY PAID BY CUSTOMER FOR THE SERVICES RENDERED BY DJR AUTHENTICATION WITH RESPECT TO THE ITEMS SUBMITTED FOR AUTHENTICATION HEREUNDER. IN NO EVENT SHALL DJR AUTHENTICATION 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.
12. In the ordinary course of its operations, DJR Authentication (i) compiles data regarding each item submitted for authentication, 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 authentication services being provided by DJR Authentication, Customer, on behalf of itself and any third party for whom Customer may be acting, hereby authorizes DJR Authentication (i) to compile and maintain such Data with respect to each item submitted hereunder for authentication; and (ii) to take, or cause to be taken, one or more Images of each such item, and further agrees that DJR Authentication will be the owner of such Data and all such Images and that DJR Authentication may use and exploit such Data and the Images for commercial and any other purposes, as DJR Authentication 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 DJR Authentication 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).
13. Payment for all DJR Authentication services is due upon submission except as otherwise expressly agreed by DJR Authentication in writing. Customer agrees that DJR Authentication may charge Customer interest at the highest rate permitted by law on any unpaid balance, and that DJR Authentication shall have a security interest on any property of Customer’s in the possession of DJR Authentication or any affiliate thereof to secure Customer’s payment obligation hereunder.
14. It is our firm policy for customers not to contact our office for results. Please await your return shipment which will include our written results regardless of outcome — ABSOLUTELY no authentication results will be given over the phone, fax or by email.
15. 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 where indicated. Customer agrees to provide that third party-signed copy to DJR Authentication at any time upon its request.
16. This Agreement is delivered and accepted in the State of South Carolina 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 South Carolina 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 South Carolina, County of Charleston, or, if applicable, federal District Court sitting in the County of Charleston, State of South Carolina, shall be the sole venue, and the State of South Carolina shall be the sole forum, for the bringing of such action. Each of Customer and DJR Authentication agrees that the prevailing party shall be entitled to an award of its reasonable attorney’s fees, costs and expenses.
17. The terms and provisions in this Agreement and the Customer Agreement, if applicable, constitute the entire agreement of DJR Authentication 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 of the terms 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 and further agree that DJR Authentication is entitled to rely upon and benefit from those terms and procedures.