These “Terms and Conditions” are subject to change and will be available via the link in the Submission Summary screen during the order submission process. By completing and submitting the Submission Form to Beckett (“Beckett, our”, “us”, or “we”) you as a customer (“you,” or “your”) agree to be bound by these Terms and Conditions, including any updates thereto which have occurred if you start a submission but do not immediately complete it.
All fees paid to us are NON-REFUNDABLE once the item begins the authentication process.
Certification and authentication involve an individual judgment that is subjective and requires the exercise of professional opinion, which can change from time to time. Therefore, we make no warranty or representation and shall have no liability whatsoever to you for the opinion rendered on any submission. ALL OPINIONS AND COMMENTS ARE PROVIDED “AS IS” AND WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT.
Neither we nor any of our parents, affiliates, subsidiaries, or divisions (collectively, “Beckett Group”) shall have any liability whatsoever to you for any damage to any items that we can reasonably demonstrate occurred while not in our custody or control. However, if we determine your submission was lost or damaged while in our possession before being mailed back or picked up, you will be compensated based upon the fair market value of the submission, in an amount not to exceed your declared value, as determined by our standard procedures which may include filing a claim with our insurance carrier. Your declared value is used for determining insurance cost of the return shipment and the maximum amount that can be claimed for damage or loss in shipment for any items. IN NO EVENT SHALL OUR TOTAL LIABILITY FOR AN ITEM EXCEED THE DECLARED VALUE OF THE ITEM. IN NO EVENT SHALL BECKETT GROUP’S TOTAL LIABILITY RELATED TO YOUR ITEM(S), OUR SERVICES, ANY OPINION PROVIDED BY US, OR THESE TERMS AND CONDITIONS EXCEED THE DECLARED VALUE (WHEN SHIPPED) OF THE SPECIFIC ITEM(S) WHICH ARE AT ISSUE. IN NO EVENT SHALL BECKETT GROUP BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ITEMS, OUR SERVICES, OR THESE TERMS AND CONDITIONS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SAME, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.
We provide collectors with the finest, most thorough, consistent, and accurate authentication efforts available in the industry. Occasionally an item may have a typographical error on the label or certificate/letter of authenticity. Upon receipt from us, you must inspect all items and report any damage or discrepancy to us in writing within five (5) days of receipt. You agree to return any incorrectly described item to us within thirty (30) days of receipt. You agree to indemnify and hold harmless us and our affiliates against all damages, losses and/or claims (including attorney’s fees and costs) caused by or arising from the circulation, display, offering for sale, or sale of a mismarked or misidentified item or any unauthorized use of a Beckett certificate or label.
For any item for which either full payment or current contact information is not received within three (3) months from our receipt of the item (“Abandoned Item”), we will make a reasonable effort to contact you by email based on the contact information we have, but, if full payment and/or correct contact information is not received within such time, we will not be responsible for returning Abandoned Items. We can use, keep, destroy, discard, transfer, sell, donate, or give away Abandoned Items and retain any proceeds received from any disposition.
Re-Encapsulation service: By choosing to have an item re-encapsulated, you hereby release us from all liability for damage to the item due to our removing the item from the case. Alternatively, you retain the option to personally remove the item from the case in the presence of an authorized Beckett representative and resubmit it to us for service.
In the ordinary course of our operations, we (i) compile data regarding each item submitted for authentication, including, but not limited to, data relating to the identity, production, condition, and grade of the item, as well as your personal information (collectively, “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, “Images”). In consideration of our receiving your submission form and being available to provide the authentication services, you, on behalf of yourself and any third party for whom you may be acting, hereby authorize us (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, and retain, one or more Images of each submitted item, and further agree that we will be the owner of such Data and all such Images and that we may use, exploit, disclose, retain, and transfer such Data and Images for commercial and any other purposes, as we in our sole discretion deems appropriate, including, but not limited to, the publication and republication or reproduction in or on any medium, of such Data and Images. Without limiting the generality of the foregoing, you, on behalf of yourself and any third party for whom you may be acting with respect to these Terms and Conditions, unconditionally and irrevocably transfer, convey, and assign to us all right, title, and interest (including, without limitation, all intellectual property rights and rights of privacy and publicity) that you or any such third party may have or acquire in or to such Data and/or Images (in whatever medium or in whatever form such Images may be reproduced or published) exiting or as created in the future. The foregoing in this Section 8 does not transfer to us any ownership in any item itself. You acknowledge and agree that our (and our service providers’) collection, processing, use, disclosure, retention, and transfer of your personal information is governed by our Privacy Policy, available at https://www.beckett.com/privacy, and as updated from time to time and effective when posted.
The rights and obligations of both you and us shall be governed by and construed in accordance with the laws of the State of Texas, USA, excluding its choice of law rules. You hereby (a) agree to all of the Submission Rules and Instructions and these Terms and Conditions, (b) submit yourself to the exclusive venue and jurisdiction of the United States District Court for the Northern District of Texas, Collin Division and/or the State Courts of Collin County, Texas, and (c) expressly waive any venue or jurisdiction to which you may otherwise be entitled by your present or future domicile.
These Terms and Conditions also include our Member Terms of Service Agreement, available at www.beckett.com/tos, which is incorporated by reference herein, and which may be amended from time to time and effective as of the date posted, and, by submitting the Submission Form you acknowledge and agree that you have read and agree to be bound by such agreement.
