Dealer Terms and Conditions
These Terms and Conditions are incorporated into and made a part of the “Dealer Application” to which they are attached. These Terms and Conditions are deemed to apply separately as between the applicant and each of the CCG Companies to which applicant has applied to become an Authorized Dealer.
- If a CCG Company accepts applicant as “Authorized Dealer,” then Authorized Dealer, by signing below, hereby agrees to be bound by and comply with the procedures and rules of the CCG Company governing submission of collectibles for grading services, as the same may be prescribed by the CCG Company from time to time. Authorized Dealer hereby irrevocably consents to the utilization of its name by the relevant CCG Company in periodic advertising in print and other advertising media.
- Authorized Dealer acknowledges that this Dealer Application Form & Agreement consists of a single application form for multiple CCG Companies (if applicable) for convenience purposes only and to assist in the timely evaluation of applicants to become Authorized Dealers of one or more of the CCG Companies. Authorized Dealer further acknowledges and agrees that each CCG Company is a distinct and independent company that offers and separately provides different types of services for specific types of collectibles. Authorized Dealer hereby acknowledges and agrees that none of the CCG Companies shall have any liability whatsoever for any act or omission of any of the other CCG Companies, and Authorized Dealer hereby irrevocably waives any such claim against any CCG Company arising out of the act or omission of any other CCG Company.
- A CCG Company may immediately revoke membership if an Authorized Dealer fails or refuses to make timely and / or proper payment of any sums or financial obligations to any or all of the CCG Companies within fifteen (15) days of its receipt of written notice of such obligation from a CCG Company. A CCG Company may also immediately revoke membership if an Authorized Dealer is (i) charged with or becomes a party to a judicial, quasi-judicial, administrative, or other proceeding in which Authorized Dealer or any of its principals, shareholders, directors, officers, members, managers, agents, or employees is charged with any act or omission that constitutes or involves allegations of fraud, deceit, an illegal conversion of property, a violation of any federal or state criminal law, or conduct involving moral turpitude; or (ii) is adjudicated as insolvent, declares bankruptcy, makes an assignment for the benefit of creditors, or is not paying its debts as they become due; or (iii) engages in any illegal activity or any conduct, act, or omission that in the CCG Company’s sole and exclusive discretion (without regard to reasonableness) threatens the reputation of or sheds a negative or disparaging light on Authorized Dealer, any CCG Company and / or the collectibles industry. Additionally, an Authorized Dealer’s membership may be terminated for any reason by either party upon fifteen (15) days’ written notice to the other party.
- Each CCG Company hereby reserves the right in its sole and exclusive discretion, which may be exercised for any reason, without regard to reasonableness, to reject any item submitted to it for grading, conservation, or restoration services.
- Authorized Dealer shall at all times be an independent contractor and shall not be considered an agent of a CCG Company for any purpose whatsoever. Authorized Dealer shall have no authority to bind a CCG Company to any agreement or to make any public or private statement of corporate policy or intentions with respect to matters connected with grading services or otherwise.
- Authorized Dealer shall indemnify and hold each CCG Company and all of its affiliates, and all of its and their respective principals, shareholders, directors, officers, members, managers, agents, or employees, harmless from and against all claims, liabilities, and expenses of any type or nature whatsoever (including reasonable attorneys’ and paralegal fees) relating to or arising under this Dealer Application, these Terms and Conditions, and the transactions contemplated hereunder, except to the extent finally judicially determined to have resulted primarily from the bad faith or intentional misconduct of the CCG Company. IN NO EVENT SHALL ANY CCG COMPANY OR ANY OF THEIR AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE PRINCIPALS, SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, AGENTS, OR EMPLOYEES, BE LIABLE TO AUTHORIZED DEALER OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANY CCG COMPANY, ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE PRINCIPALS, SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, AGENTS, OR EMPLOYEES, EXCEED THE FEES PAID OR PAYABLE TO SUCH CCG COMPANY BY AUTHORIZED DEALER FOR SERVICES. AUTHORIZED DEALER’S SOLE AND EXCLUSIVE REMEDY, AND A CCG COMPANY’S SOLE LIABILITY WITH RESPECT TO ANY OF ITS SERVICES SHALL BE PURSUANT TO THE APPLICABLE WRITTEN GUARANTEE, IF ANY, OFFERED BY THE CCG COMPANY IN CONNECTION WITH SUCH SERVICE, AND AUTHORIZED DEALER HEREBY IRREVOCABLY DISCLAIMS, RELEASES AND ABANDONS ALL OTHER RIGHTS AND REMEDIES IN LAW OR EQUITY, AND THE CCG COMPANY HEREBY DISCLAIMS ALL OTHER WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- The term of this Dealer Agreement shall be one (1) year, commencing on the due date for the first payment of Authorized Dealer’s membership fee. Thereafter, this Dealer Agreement shall automatically renew for successive one (1) year terms, unless canceled by either Party prior to the renewal date. Dealer Membership fees are non-refundable.
- This Dealer Application Form & Agreement, together with the relevant CCG Company’s Guarantee and any related Submission Forms, constitutes the entire agreement between Authorized Dealer on the one hand, and each relevant CCG Company on the other, and may only be amended or modified by the relevant CCG Company providing 15 days’ written notice to Authorized Dealer; provided that (a) in the event of a conflict between the terms of this Dealer Application Form & Agreement, the relevant CCG Company’s Guarantee, and any related Submission Forms, the terms of the relevant CCG Company’s Guarantee and the related Submission Forms will control, and (b) in the event of a conflict between the terms of the relevant CCG Company’s Guarantee and any related Submission Forms, the terms of the relevant CCG Company’s Guarantee will control. The exclusive jurisdictions and venues for any action or dispute arising under or related to this Dealer Application Form & Agreement, including these Terms and Conditions, or between Authorized Dealer and a CCG Company, or any transaction contemplated hereunder, shall lie in the U.S. District Court for the Middle District of Florida in Tampa, Florida, for matters arising under federal law, and the appropriate court having jurisdiction in Sarasota County, Florida, for all matters. Each CCG Company, and Authorized Dealer, for themselves and their principals, officers, directors, members, managers, agents, employees, successors, and assigns, irrevocably consent to such exclusive jurisdictions. Authorized Dealer acknowledges and agrees that a CCG Company in its sole and exclusive discretion may assign or delegate any of its rights and / or obligations to any affiliated service or service provider. Electronic copies of this Dealer Application Form & Agreement (e.g., facsimile and pdf copies) shall be binding on Authorized Dealer and shall be deemed originals of this Dealer Application Form & Agreement for any and all purposes. Authorized Dealer hereby acknowledges and agrees that Authorized Dealer is required to and is solely responsible for retaining and preserving the original executed Dealer Application Form & Agreement.
Important Note for NGC, NCS, and / or PMG Authorized Dealer Applicants in the United States:
If you are accepted as an Authorized Dealer to NGC, NCS, and / or PMG you will be automatically enrolled in a program to support ICTA, a group that lobbies against taxation schemes that are harmful to collectors and dealers of coins and precious metals as well as other important issues that might affect our industry. The program supports ICTA through a $0.25 surcharge applied to the grading fee for each coin submitted to NGC. Your support is a vital source of funding for this very worthy effort. If you do not wish to participate in this program, you may request and return an opt-out form if your dealer application is approved.