This is the terms and agreement between Hero Restoration LLC, and participating Client’s.
These terms and conditions apply to the services ordered by you, the Client and described in the submission form.
- Client shall complete all submission information on the Submission Form, and package and ship all collectibles, in accordance with the instructions on the website, and the Submission Form. Customer represents and warrants to Hero Restoration LLC that the Declared Value set forth on the Submission Form represents Clients good faith belief as to the market value of the collectible. If Hero Restoration LLC determines that collectibles are undervalued, it will adjust the Service (tier) and fees according to its determination of the fair market value of the collectible, including submission form for 3rd party grading. It is critical for the value of the collectible to be the same on both Hero Restoration form, and the form of the 3rd party grader. However, Hero Restoration LLC will not adjust the Declared Value stated by the Customer, and CGC will not change it either, however they will upcharge for the correct tier/service if not correct on the forms. If Hero Restoration LLC determines that collectibles are submitted for Services for which they do not qualify, it will adjust the Services and fees as appropriate. Regardless of the particular Services the client requested for submitted collectibles, Hero Restoration LLC reserves the right to convert any submission into an Appearance Review, and determine proper classification.
- Client represents and warrants that it has no knowledge and no reasonable basis for belief that any collectible submitted is not genuine or contains any non-disclosed alterations. In the case of submissions by dealer members, if any collectibles are being submitted for a third party, Client represents and warrants that the third party has authorized Client to submit the collectibles for the Services.
- Client agrees to pay Hero Restoration LLC all Services fees at the time of invoice due date. Prices for Services are subject to change. Prices on pre-printed paper Submission Forms are only valid if there is no change to fees prior to receiving the submission. The Client should confirm current pricing on Hero Restoration’s website. Payment is made by credit or debit card, and is done through 3rd party card services. At no time will Hero Restoration LLC possess, process, store, collect, or transmit card information of the client. If, after 2 months, there is an unpaid balance, the amount shall accrue interest at the rate of 1.0% per month until paid. Client hereby grants to Hero Restoration LLC a security interest in the collectibles submitted to secure payment of any Service fees. In addition to such security interest, Client agrees that Hero Restoration LLC may hold any collectibles submitted by Client until Client has paid in full all outstanding balances, regardless of whether such balances are related to such collectibles or other invoices.
- Client assumes all risk of loss or damage to collectibles until collectibles are received and inspected by Hero Restoration LLC. Hero Restoration LLC provision of Services commences upon receipt of a submission of collectibles from Client. Once a submission of collectibles is delivered to Hero Restoration LLC, it cannot be canceled or changed by Client.
- Hero Restoration LLC compiles data regarding, and digital images of, collectibles submitted for Services. In partial consideration for the performance of Services pursuant to the Submission Form, Client hereby authorizes Hero Restoration LLC to compile such data and make such images and agrees that Hero Restoration LLC shall have an irrevocable, non-exclusive, perpetual, unlimited, royalty-free right and license to use and commercialize such data and images for any purpose. This process is repeated again at the time of shipping to the next destination.
- Client acknowledges that certain collectibles that are extremely thin; collectibles that are extremely fragile or brittle, including many collectibles printed prior to 1974. Client further acknowledges that certain paper collectibles may be more susceptible to damage, even when reasonable care is exercised in handling them, due to the state in which they are provided by Client to Hero Restoration LLC. Items that are worn, fragile, or brittle, and/or the properties, characteristics and quality levels of the materials of which the items are composed. Hero Restoration LLC will use reasonable care with respect to collectibles submitted to it for Services. In the event that Hero Restoration determines that a collectible is damaged due to negligence or lost while in a Hero Restoration LLC’s possession, Clients sole remedy will be compensation based upon Hero Restoration LLC good faith determination of the fair market value of the collectible, or depreciation of value in light of what Hero Restoration LLC believes to be reliable current market information. The amount of the compensation will not necessarily be based upon, but in no event will exceed, Clients stated declared value of the collectible set forth in the Submission Form.
- Holders for collectibles are designed to be tamper-evident and extremely difficult from which to remove a collectible. Due to the inherent risks involved in removing collectibles from holders, in the event the services involve removing a collectible from its holder, customer agrees to release, waive, and discharge Hero Restoration LLC and their directors, officers, agents, and employees (“releases”) from all liability to client and its assigns, and covenants not to sue releases in connection with any loss or damage arising out of any releasee’s efforts to fulfill clients request to remove a collectible from a holder, unless such loss or damage is caused by the gross negligence or willful misconduct of a Hero Restoration LLC.
- Hero Restoration LLC does not provide grade protection or any type of guarantee for collectibles submitted to them. Due to the fragile nature of collectibles, Client acknowledges that techniques used by Hero Restoration LLC for pressing, restoration, removal, or conservation Services may result in new defects or damage to the collectible, including, but not limited to, spine splits, popped staples, paper pieces chipping off, creases, or change in gloss reflectivity. Client acknowledges that the conservation Services provided by Hero Restoration LLC with respect to a submitted collectible may result in a lower grade or no grade subsequently being assigned to such collectible by a grading company. By submitting a collectible to Hero Restoration LLC, the client waives any right to assert any form of legal claim against releases with respect to a lower grade or no grade subsequently being assigned to such collectible by a grading company, unless caused solely by the gross negligence or willful misconduct of Hero Restoration LLC.
- Hero Restoration LLC has the right in its sole discretion to reject any collectibles submitted for Services in cases where the submitted collectibles do not comply with Hero Restoration LLC then-current standards and procedures set forth on its website. Because even collectibles that are ultimately rejected must still be received, tracked and examined, fees for those mentioned services will be charged for such rejected collectibles.
- Client agrees to notify Hero Restoration of any changes in Clients contact information. If Clients submit collectables, and it remains unclaimed for a period of one (1.5) years from completion, Hero Restoration LLC may dispose of such property in any manner without liability. Hero Restoration LLC may also charge Customer for reasonable costs and expenses incurred in storing ($1 per collectible per month) and insuring (0.1% of declared value per month) unclaimed property.
- Hero Restoration LLC will generally ship via USPS Priority w/signature, and with insurance coverage procured by Hero Restoration of up to $100,000 per package for domestic shipments and up to $50,000 per package for international shipments, based on Clients declared values. Unless Client receives approval for additional insurance in advance, Client ASSUMES RISK OF LOSS OR DAMAGE to collectibles during return shipment to the extent the declared value of any package exceeds the insurance limits. Insurance coverage is based on a collectible’s fair market value, not to exceed Clients declared value.
- Client agrees to return to Hero Restoration LLC, at Hero Restoration LLC’s expense, any collectible bearing an error in the work performed by Hero Restoration LLC. Hero Restoration LLC at its own expense, will attempt to correct the problem, and return the corrected collectible to Client, or 3rd party Grader. Hero Restoration is not liable for any addition cost required by 3rd party grading company. Client agrees to indemnify, defend and hold Releases harmless from and against all claims, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising directly or indirectly from Clients failure to comply with this Section 12. If client does not follow this procedure, and attempts to deformation Hero Restoration to other clients, or industry participants, Client will be held liable for all damages caused due to the deformation, as well as any attorney fees incurred defending this agreement.
- In the event a collectible submitted by Client is determined, at any time, to be not genuine or to have been Tampered with, Client shall provide reasonable cooperation to Hero Restoration LLC, In accordance with the state, and possession of collectable, and the circumstances that arise from the issue in question.
- Except for any expressed warranties set forth in these terms and conditions, Hero Restoration LLC disclaims any and all warranties, express or implied, regarding Hero Restoration LLC and its services, including but not limited to the warranties of merchantability and fitness for a particular purpose. In no event shall Hero Restoration LLC or any of its affiliates, or any of its respective employees, officers, directors or agents, be liable to client or any other party for any indirect, incidental, special, consequential or exemplary damages, even if advised of the possibility of such damages, and except as otherwise expressly set forth in the guarantee in no event shall the aggregate liability of Hero Restoration LLC, its affiliates, and any of its or their respective employees, officers, directors or agents to the customer or any third party for whom the client may be acting, arising from any cause, act, omission or other circumstance, exceed the fees paid or payable for the services ordered pursuant to this order form.
- The laws of the State of Oregon, without regard to its choice-of-law principles, shall apply to transactions and / or disputes between Hero Restoration LLC and the client. Client agrees to (1) the exclusive jurisdiction and venue for any dispute of the state and / or federal courts located in, or serving Linn County, Oregon; (2) not challenge such jurisdiction or venue; and (3) accept service by certified or registered mail.
WARNING: THIS GUARANTEE IS LIMITED. The following terms, limitations and restrictions apply with regard to the above guarantee and available remedies, and Owner agrees to be bound by all of the terms, conditions and limitations set forth herein:
- Required Information. In fulfillment of this Guarantee, Owner may be required to provide information and available documentation regarding the transaction history of a particular Collectible, including the date purchased, the purchase price, the seller and the transaction amount. Owner may also be required to minimize Owner’s damage and attempt to reverse a prior transaction. Owner may further be required to provide proof to the effect that negotiations to reverse a prior transaction have failed. Owner acknowledges that Owner’s inability to provide requested information and/or non-cooperation in providing requested information constitutes a failure of an essential condition to this Guarantee and will result in the Collectible’s exclusion from this Guarantee.
- Cooperation with Insurer. Owner shall, at Guarantor’s request, fully cooperate with any insurance investigation or claim adjustment process. Owner acknowledges that a refusal to not cooperate will result in the Collectible’s exclusion from this Guarantee.
- Third Party Information and Attributions. Information listed on a label that originates from a third party (including, without limitation, any information from the manufacturer) and any attributions (including variant attributions, reference attributions and pedigree attributions, or signatures) are NOT guaranteed. Certain comic books, magazines, and trading cards are commonly collected by variants that distinguish cover type, paper type, ink color (i.e., red, blue, ultraviolet, etc.), spelling variant, or other printing difference. The grading company will attribute those variants that it deems, in its sole reasonably exercised opinion, to be major variants that are widely collected and accepted as legitimate variants by the relevant collecting community at the time the Collectible is graded. New information may cause grading companies to no longer recognize an attribution that was previously assigned, which, again, is not covered by this Guarantee. It is not guaranteed that a particular variant or designation will always be recognized, and attribution policies are subject to change without notice. Further, Guarantor’s calculation of a Collectible’s Fair Market Value will be based on a generic example of the Collectible at the original grade without any variant, reference or pedigree attribution.
- Pedigrees. Pedigrees are not guaranteed, and if a pedigree is incorrectly assigned to a Collectible, it is the duty of the Owner to return that Collectible for correction. Further, Guarantor’s calculation of a Collectible’s Fair Market Value will be based on a generic example of the Collectible at the original grade without any pedigree.
- Signatures. Hero Restoration LLC, its affiliates, and their directors, officers, agents, and employees (“releases”) will not be liable if the 3rd party grading company does not validate the signature for any reason.
- Clerical or Mechanical Errors. A clerical or mechanical error occurs when a Collectible is encapsulated with a label that bears 1 or more details in the description that clearly does not correspond with the Collectible. It is the duty of the buyer and seller of a Collectible to examine such Collectible for a clerical or mechanical error and to return such Collectible for correction when warranted. APPLICABLE LAW CLAIMANTS UNDER THIS GUARANTEE HEREBY WAIVE TRIAL BY JURY.
Insurance. Hero Restoration LLC has property insurance through Collectable Insurance Services. This insurance covers your property while it is at Hero Restoration, and during shipping from hero Restoration to its destination. This coverage is for thief, fire, or disaster damage such as flooding. It does not cover damage from the processes, or general storage of the collectables.The amount of value is up to the insured amount the client enters on the HRC form. Compensation cannot exceed insured value, under any circumstances. Compensation may be lower than stated value, since condition can influence value. The value stated on Hero Restorations form has to be the same as it is valued on 3rd party grading form, If an insurance claim is necessary, it will be derived from the lower of the 2 values, or possibly considered null to the extent of a fraudulent claim. This Policy is congruent as a mediator and Insurance company, and client.
24. With regards to pressing tier, and shipping to grading company, or scope of work on restorations:
No changes can be made to submission once in transit to Hero Restoration LLC, unless at Hero Restoration LLC’s discretion is appropriate for the circumstances. To the best of Hero Restoration LLC’s ability, all terms, prices, and approximate length of time to complete will be listed in the appropriate places on the website, the submission form, and the terms of this agreement. Possible changes are not available based on whether the physical work has begun or not.
25. Payment for pressing and restoration:
Payment is not due until after Hero Restoration LLC receives the collectables, and sends the invoice by email and SMS messaging to the client. Once received, the submission cannot be changed, and the invoiced amount becomes due by the due date. This is regardless if work has begun or not (processing and administrations occur immediately). It is the responsibility of the client to at minimum observe the price, approximate length of wait time, and any other special conditions on the website, and the submission form. To not do so indicates a waiver to any dissatisfaction of choices of options. If a turnaround time is shown, or discussed, it is only a rough guess estimate without consideration of outside factors. Submissions that take longer than the client planned, understood, or was under the impression of, are not considered a guarantee, a promise, or provide an alternative course of action ending the contract. Both Hero Restoration and the client’s agreement is the work to be completed in the length of time that is at the best of Hero Restoration LLC’s ability, without sacrifice to the process or results. Hero Restoration LLC reserves the right to terminate the contract for any reason deemed important enough to do so. Under those circumstances the client will receive a refund, minus cost incurred during the time the submission is in Hero Restorations possession. If the client wishes to breach the contract by canceling the work, the property will be returned to the client as requested. In no circumstance if client chooses to terminate the contract, will there be any liability in part to Hero Restoration LLC, or any of its affiliates, or any of its respective employees, officers, directors or agents, be liable to client or any other party to refund part or all of payment made on the contract the client is canceling, and is considered in default, forfeiting the funds paid.
26. Shipping to client/CGC/CBCS/ etc.
The amount of insurance is determined by the clients stated value of the books. Shipping to CGC, CBCS, or to client is by Shipping carrier, signature required. Hero Restoration LLC is not liable for the value of the collectible if USPS loses or damages the collectibles. Hero Restoration LLC will file a claim and transfer any payment by USPS/Collectible Insurance Services to the client, and if possible, the client will be named beneficiary to the amount granted.
27. Property Liability. It is very rare that a book is damaged from any of the processes performed by Hero Restoration LLC, but the potential for it to happen is possible. Hero Restoration LLC takes as many precautions as possible to prevent damage from occurring. Hero Restoration LLC has extensive conservation knowledge, tied in with the structural differences of comic paper, notably from 1935 to 1974. Because of the interactive nature of pressing, and restoration related tasks, damage is always a possibility. This usually happens due to comic books in fragile condition, which includes books that are tanned or brittle, spines exhibiting splits, loose paper on the staples, or pieces that are barely attached. Because it is impossible to ensure that damage will not occur, Hero Restoration LLC will not be held liable for split spines, covers or pages detached from staples, or detached pieces, unless otherwise proven to be gross negligence, as determined by a court of competent jurisdiction. In submitting books to Hero Restoration LLC, the client acknowledges and accepts the risk for the potential of damage, and that Hero Restoration LLC, its owner’s, affiliates, or employees will not be held legally or monetarily responsible or liable for damage to any book caused by handling or processes performed on the book. At Hero Restoration LLC, Customer satisfaction is very important, Hero Restoration LLC understands the industry, the clients, and why they possess such collectables. When possible, Hero Restoration LLC in good faith will try to find a resolution that will be satisfactory to both the client, and any other parties involved.. Except for any express warranties set forth in these terms and conditions, company disclaims any and all warranties, express or implied, regarding company and/or the services, including but not limited to the warranties of merchantability and fitness for a particular purpose. except as otherwise expressly set forth in the applicable guarantee. The maximum aggregate liability that Hero Restoration LLC shall have to the client, and at Hero Restorations discretion, shall in no event exceed the services fee or fees paid by the client for the services ordered pursuant to this submission form. In no event shall Hero Restoration LLC, or any of its affiliates, or any of its or their respective employees, officers, directors or agents, be liable to the client or any other party for any indirect, incidental, special, consequential or exemplary damages, even if advise of the possibility of such damages, and except as otherwise expressly set forth in the applicable guarantee in no event shall the aggregate liability of Hero Restoration LLC, its affiliates, and any of its or their respective employees, officers, directors or agents, exceed the fees paid or payable to Hero Restoration LLC for the services.
28. In the event that the grading company, at its sole discretion, determines that the fair market value of a collectible is higher than the value stated by the submitter, the grading company will move the collectible to the appropriate higher tier and the additional charge will be the responsibility of the submitter (The Client).
Collectibles submitted for regrading with, or without their original labels ARE NOT GUARANTEED TO RECEIVE THE SAME GRADE, or higher. Hero Restoration LLC, and its affiliates, do not return Mylars, backing boards, card savers, sleeves or any other storage/shipping materials sent in with collectibles. Please do not send your collectible’s Certificate of Authenticity (COA) as we cannot guarantee that it will be returned. A copy of the certificate can be provided, but does not guarantee the validation of the COA.
29. Turnaround Times:
Hero Restoration LLC regularly updates our “Information Station” (our price/tier/status chart found on our website in “Pricing” under the “Info” tab). The “Information Station” is there to provide our clients with the status of our current workload. The client can figure out the approximate finish date using the “Information Station”.
HRC has determined that updating the Information station Is more efficient, both in progress and communications with clients. Hero Restoration LLC understands the client’s desire for a completion date instead. Hero Restoration LLC has the option to estimate a certain submission’s approximate completion time. Regardless of the wording of the content, the date given is only an estimate, not a guarantee, and there is no compensation for submissions that take longer than ESTIMATED. If the time is longer than it was at the time of receiving, in no way does it make Hero Restoration Liable.
The terms and agreement is binding, and client default/breach of agreement will forfeit any fees paid.
30. The declared value is used to insure a collectible while it is at Hero Restoration LLC, it’s affiliates, and 3rd party grading facility. Hero restoration LLC is released from liability once delivered, and signed by the receiving grading company. If an issue arrives, as a precaution Hero Restoration LLC will have a visual record of the submission compiled, package, and mark per 3rd party grading instructions.
31. Fair Market Value. For the purposes of this Policy, the “current Fair Market Value” is the value of the collectible if it were to be sold, as determined by Hero Restoration LLC in its sole reasonably exercised discretion. Hero Restoration LLC will determine the current Fair Market Value of a collectible based upon what it expects CGC would value it, in its sole reasonably exercised opinion, to be reliable current market information. Hero Restoration LLC or the grading company may use actual pricing and sales information available to it, including prices in the actual transaction history of the collectible in question. However, due to the volatile nature of the collectible market and Internet auctions/sales as well as the differences in buying habits of different individuals, such information may not necessarily represent the accurate current Fair Market Value of any particular collectible, which again, will be determined by Hero Restoration LLC or 3rd party grading in its sole reasonably exercised discretion. Hero Restoration LLC reserves the right to use the declared value listed by the submitter on the grading Submission Form as the current Fair Market Value, and in no event will Hero Restoration LLC determination of current Fair Market Value exceed the declared value listed by the submitter. Hero Restoration LLC’s determination of the current Fair Market Value will be absolute and binding on all parties, excluding its affiliates.
32. Retroactive Effectiveness. Due to the ongoing need for modifications related to grammar, change of law, change in Liability, movement to different locations, Staffing changes, and any other industry changes are subject to the terms and agreement to exist in a continuously changing state. This Agreement shall be effective retroactive to when Hero Restoration LLC’s Name and business license was changed on 01/01/2015 and shall be binding upon any funds advanced by Client since that date as provided in this Agreement.
33. In the event both parties (Hero Restoration LLC & The Client) agree the client receives compensation, and both parties agree to the amount, a new contract is established to facilitate the payment process. Due to limited resources, there will be no stacking of payments. When one is concluded, the other can begin, and so on. This is a viable solution implemented to allow Hero Restoration to continue servicing its loyal client base with proper facilities to meet the demand. The amount, circumstances, and the timing will dictate the rate at which compensation can be achieved.
CLAIMANTS UNDER THIS GUARANTEE HEREBY WAIVE TRIAL BY JURY.
34. Severability. If any part of this Guarantee shall be declared invalid or unenforceable by a court of competent jurisdiction, it shall not affect the validity of the balance of this Guarantee. In such circumstances, the provision declared invalid/unenforceable shall be re-drafted as closely to the original provision as allowed by law, so as to give effect to Hero Restoration LLC and its affiliates’ intent.
Exclusive Venue for Disputes and Governing Law
In the event of a dispute arising out of or relating to this Guarantee, Owner agrees to exclusive venue as follows:
|State court in Linn County, Oregon or the U.S. District Court for the District of Oregon.|
All other claims made under this Guarantee will be governed by the substantive law of the State of Oregon, USA, without regard to its choice-of-law principles.
Should there be any discrepancy between the English language version of this Guarantee and the version of this Guarantee as translated into another language, the English language version shall prevail, govern and control in all respects.