Terms of Service
Bent Cardboard Card Services, LLC version 01.01
In these Terms:
“Company ” means [insert details]
“Customer ” means the purchaser of Goods from the Company.
“Goods” means all goods sold and/or delivered by the Company to the Customer. “Terms ” means these terms and conditions of sale.
Grading prices are determined at the time of order and, prior to payment, are subject to change without notice in cases or service level bumps due to new or misstated values, shipping changes, or instances where the card receives no grade.
Sales prices are final at the time of purchase.
Consignment prices are set in line with the Consignment Agreement at what the company considers Fair Market Value
Payments are to be made to the Company without any deduction or discount other than as stated in these Terms or in the relevant invoice or
The balance of the invoice price must be paid in full before delivery of cards.
If alternate payment arrangements need to be made the client is responsible for notifying the company at receipt of the invoice.
The Customer must, within 21 days of being notified of their availability, collect or accept delivery of the Goods and pay the balance of the invoice
If the Customer fails to collect the Goods or accept the delivery within 21 days of being notified of their availability, the Company may sell cards to cover the cost of grading.
Any cards left in the Company’s position for 60 days are considered forfeit and will be handled at the Company’s discretion.
The Company maintains insurance to cover loss while in transit to and from the Company and while in Company possession.
In the case of loss or damage while in Company possession the Company will make Client whole
In cases where a pregrade card review was completed and loss or damage occurred prior to the card being graded the Company will reimburse the Client the market value of the higher estimated grade at time the review was completed.
In cases where no pregrade review was completed and loss or damage occurred prior to the card being graded the company with reimburse the Client the declared value as given to the company on their submission form.
In cases were loss or damage took place after the card was graded the client will be reimbursed the fair market value of the card at time of damage.
Unless the Customer has inspected the Goods and given written notice to the Company within 2 days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.
WHEREFORE, the owner and Consignor of certain property more particularly described hereinafter, and Bent Cardboard Card Services, LLC of OH, Consignee, in exchange for good and sufficient consideration and the mutual promises and undertakings set forth in this Consignment Agreement (“Agreement”) do agree to the following:
- Consignor warrants, covenants and agrees that the property, being sold is owned by Consignor and that there are no liens, judgments or other encumbrances against the ownership, including all rights of sale or transfer, of the consigned property. The parties agree that title to the consignment shall remain in Consignor until such consignment is sold in severable parts or in whole by Consignee.
- Description of Consigned Property. Consignor agrees to deliver, and Consignee agrees to accept for the purpose of sale on the terms and conditions hereinafter recited in this Agreement, the following described property:
SEE EXHIBIT “A”
Consignor states and agrees that the description(s) of the consigned property is true and correct to the best of Consignor’s knowledge and belief and further, that no undisclosed defects in such consignment are known to Consignor.
- Non-Exclusivity or Exclusivity of Agreement. Consignee shall have the exclusive right to market and sell the property described hereinabove. Consignor shall have the right to sell the property described hereinabove for his own account. If Consignor does sell the consignment listed in this Agreement, Consignee shall nonetheless be entitled to payment for the sale of such consignment on the terms and conditions of this
- The offering price(s) are to be determined by Consignor. Consignee agrees to inform Consignor of bona fide offers to purchase the consigned property for prices less than the asking price set by Consignor. Consignor reserves the exclusive right to accept a price less than the offering price.
- Time of Payment(s) to Consignor. Consignor agrees that Consignee shall require and receive full payment on the sale of the consigned property prior to any obligation of Consignee to remit payment to Consignor for the same. Upon receiving full payment for such sale, Consignee shall remit, in United States currency or a check drawn on a United States bank, the amount due to Consignor under this Agreement:
For each item sold, no later than 45 days following the date of full payment for each item. It is agreed that “full payment,” as used above, shall be construed to mean and include the day of the clearing of any monetary instrument by Consignee’s bank.
- Amount(s) of Payment(s) to Consignor. Consignor and Consignee agree that an amount of the selling price shall be due and payable to Consignor upon the sale of the property subject to this Agreement. The amount payable to Consignor shall be based on the type and value of each item contained in EXHIBIT “A”. If Consignor sells the item in person or directly without the use of a third party the fee shall be 8% of the final item price. The use of a third party service, such as eBay, fees shall be as follows, based on the final item price:
Consignee shall provide, upon request in writing, a written statement listing all sales made of the property subject to this Agreement including the dates of such sales, the total amount(s) received and the amount due to Consignee.
- Termination of this Consignment Consignee may terminate this Agreement at any time and for any reason by returning to Consignor all of the unsold property which is the subject of this Agreement. Consignor may terminate this Agreement at any time and for any reason, but such termination will not affect the agreement regarding items of property already sold. The expense of delivery to the Consignor of any unsold property shall be paid by the party terminating this Agreement. Prior notice of termination shall not be required of a terminating party. Any items with a current active listing containing bids may not be terminated until either the items
- Operation of Consignee’s Consignee shall have the exclusive right to determine the business operation and management of its premises. Consignor shall have no liability or responsibility for the operation and management of Consignee’s business, employees or agents and any torts or other causes of action resulting there from, and Consignee agrees to defend, indemnify and hold harmless Consignor for same.
- Liability for Loss, Etc., of Consigned Property. In the event that consigned property is lost, stolen, destroyed, damaged, or unaccounted for due to any cause, known or unknown (hereinafter these terms referred to collectively as “lost”), while consigned to the Consignee:
The property, or each item, so lost shall be considered as having been sold, and Consignee shall pay unto Consignor the amount agreed herein as if the lost property, or each item lost, had been sold, except that only 75% of said amount (rather than the full amount) shall be owed by Consignee to Consignor. Such amount shall be due 30 days following the loss of the property.
- Consignee may not use Consignor’s name or other identifying information in the advertising, promotion and sale of the consigned property unless written permission is granted by Consignor. The Consignor reserves the rights to use any information, including images or other media, used in the sale of any consigned items for future advertisement or promotion.
- This Agreement is not assignable and may not be modified other than by a written modification agreed to and signed by both parties.
- This Agreement shall be construed and governed according to the laws of the State of Ohio.
- The parties agree that instances or patterns of waiver, forbearance, course of dealing or trade usage shall not affect the right of a party to demand performance of any term or condition of this Agreement.
Client has agreed and requested Company to “crack” or remove a card from an existing sealed case and hold free the Company from any liability, loss, or damage as a result.
Client agrees that this action holds a risk to damage of the card and shall hold harmless the Company for any damages.