Koba Grading

By accepting this form, the Customer (Customer includes any 3rd Parties associated with Customer), acknowledges that he/she has read the Koba Grading Terms and Conditions (the “Agreement”) set forth below and agrees to abide by this Agreement, and further agrees that Koba Grading is entitled to rely upon and benefit from this Agreement.

1. Koba Grading will have no liability whatsoever to customers or any 3rd parties for consequential damages and delay due to unforeseen and force majeure events. All turnaround times are business days.
2. Koba Grading will not knowingly grade items which bear evidence of trimming, recoloring or any other form of tampering, or are of questionable authenticity, and Customer agrees not to submit any such items. Customer agrees that, in the event Koba Grading rejects any items for grading, Koba Grading shall not refund any fee paid by the Customer, as the determination to reject is in the sole determination of Koba Grading, and the item requires the review and authentication of the Koba Grading graders. Customer represents and warrants that he/she has no knowledge and no basis to believe that any item submitted for grading has been altered in any way or is not genuine. For purposes of this agreement altered items shall have the meaning determined by the Koba Grading employees. Customers hereby agree to be bound by the terms of this agreement, which can be found on KobaGrading.com.
3. Grading involves individual judgments that are subjective and require the exercise of professional opinion, which can change from time to time. Therefore, Koba Grading makes no warranty or representation and shall have no liability whatsoever to Customer for the grade assigned or for the determination of authenticity, by Koba Grading to any card or item.
4. Koba Grading will exercise reasonable care in handling items submitted for grading. However, if Koba Grading determines that Customer's item was lost or damaged while in Koba Gradings's possession, Customer will be compensated based upon the fair market value of the item as determined by Koba Grading standard procedures, which may include filing a claim with our insurance carrier. The declared value you provided with this submission is for estimating the insurance coverage only, and the fair market value of the item may be less than your declared value. IN NO EVENT SHALL THE TOTAL LIABILITY EXCEED THE DECLARED VALUE OF THE ITEM. Such compensation shall be Customer's exclusive remedy for any loss or damage.
5. Customer must inspect all items immediately upon receipt and Koba Grading disclaims any liability for damage or discrepancies or errors, including, but not limited to, errors in the description of the item unless reported to Koba Grading within five (5) days of Customer's receipt of the item(s). Customer agrees to return any incorrectly described item to Koba Grading upon request for correction and agrees to indemnify and hold Koba Grading harmless from any and all losses and/or claims caused by the circulation or sale of incorrectly described items.
6. Customer agrees (a) to pay to Koba Grading all fees and other charges when due; (b) that any delinquent balances shall accrue interest at the rate of 10% per year until paid (or, if less, the maximum interest rate permitted by applicable law); and (c) that Koba Grading shall have a security interest in the items submitted, as well as in any other property of Customer in the possession of Koba Grading or its affiliates (collectively, the "Property"), to secure payment thereof. Customer hereby grants to Koba Grading an assignment of and lien against the Property in the amount of any fees and other charges due and payable pursuant to the terms of this Agreement. Customer hereby authorizes Koba Grading to file, at any time on or after the date such fees and other charges become due, appropriate uniform commercial code financing statements in such jurisdictions and offices as Koba Grading deems necessary in connection with the perfection of a security interest in the Property.
7. Koba Grading shall have no liability whatsoever to Customer, or any third party for whom Customer may be acting, (i) for any personal injury or (ii) any damage to any item, or otherwise, resulting from the breaking open of a Koba Grading item holder, or for any damage to any item that Koba Grading can reasonably demonstrate occurred while the item was not in the custody or control of Koba Grading including, but not limited to, loss or damage to items while being shipped to Koba Grading, or while being shipped by Koba Grading to Customer by a method selected and paid for by Customer.
8. Except as expressly set forth herein to the contrary, Koba Grading DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, REGARDING Koba Grading’s GOODS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. Notwithstanding anything to the contrary contained herein, THE MAXIMUM AGGREGATE LIABILITY THAT Koba Grading 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 GRADING FEE OR LESS ACTUALLY PAID BY CUSTOMER FOR THE GRADING SERVICES RENDERED BY Koba Grading WITH RESPECT TO THE ITEMS SUBMITTED FOR GRADING HEREUNDER. IN NO EVENT SHALL Koba Grading 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.
10. In the ordinary course of its grading operations, Koba Grading (i) compiles data regarding each item submitted for grading, 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 grading services being provided by Koba Grading, Customer, on behalf of itself and any third party for whom Customer may be acting, hereby authorizes Koba Grading (i) to compile and maintain such Data with respect to each item submitted hereunder for grading; and (ii) to take, or cause to be taken, one or more Images of each such item, and further agrees that Koba Grading will be the owner of such Data and all such Images and that Koba Grading may use and exploit such Data and the Images for commercial and any other purposes, as Koba Grading 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 Koba Grading 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).
11. 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. Customer agrees to provide that third party signed copy to Koba Grading at any time upon its request.
12. This Agreement is delivered and accepted in the Province of Alberta, and it is the intention of the parties that it be governed by and construed in accordance with the substantive laws of that Province, without regard to conflicts of laws principles. The parties hereby consent to personal jurisdiction of the courts of the Province of Alberta 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, shall be the sole venue, and the Province of Alberta shall be the sole forum, for the bringing of such action. Each of Customer and Koba Grading agrees that the prevailing party shall be entitled to an award of its reasonable attorney's fees, costs, and expenses.
13. The terms and provisions in this Agreement and the Customer Agreement, if applicable, constitute the entire agreement of Koba Grading 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 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, including the assignment of rights set forth in Section 10, and procedures, and further agree that Koba Grading is entitled to rely upon and benefit from those terms and procedures.