- By submitting an item for authentication to Professional Authentication Service Solutions, LLC (hereinafter referred to as PASS-CO), the client agrees to all of the terms contained herein as well as those found on our website (as modified from time to time) at www.pass-co.com. PASS-CO reserves the right at all times to decline to accept an item for grading, scoring and/or authentication. If an item is accepted and the item is found to be authentic, a PASS (Professional Authentication Service Summary) will be issued under our guidelines representing the opinions of at least two (2) experts that the accompanying item is authentic. The client understands that this PASS represents a professional opinion and is not a guarantee of fact. If PASS-CO determines that the item does not meet the standards for a PASS, the client will receive a letter stating PASS-CO's opinion as to why the item has failed to make the standard. Nothing contained herein shall in any way obligate PASS-CO to provide anything more than what it wants to provide when rendering such an opinion (i.e. the details and overall quality of said opinion are to be made at the sole discretion of PASS-CO). Refunds will not be granted for items which, after review by PASS-CO experts, are found not to meet the standards of authenticity for issuance of a PASS-CO PASS. Full refunds will be granted for items which PASS-CO declines to review.
- The fees listed on the Submission Form and our website at www.pass-co.com are the applicable fees for PASS-CO's services. If an item has been misidentified by the client, the fee will be adjusted up or down based on the identification by PASS-CO. PASS-CO will only perform those services requested on the submission sheet. PASS-CO makes no judgment as to the scoring or grading of an item at its Silver Level of service. PASS-CO reserves the right to modify its fee schedule from time to time without prior notice. The fees listed on PASS-CO's website at the time the client submits the item for authentication shall apply.
- All parties understand that the grading, scoring and authentication of an item involve an expert's individual judgment which may vary from expert to expert and from time to time. The client agrees that PASS-CO is not providing any warranty or representation whatsoever, express or implied, including but not limited to the warranty of merchantability and the warranty of fitness for a particular purpose regarding PASS-CO's services. The client further agrees that PASS-CO will have no liability whatsoever, including but not limited to incidental or consequential damages, due to PASS-CO's failure to process any item within any time frame.
- It is understood and agreed that this opinion is issued only to the original client who has contracted for this service (as solely reflected in PASS-CO's records), and to the extent the ownership of the item (and/or its resulting PASS) which is the subject of this opinion is transferred to a third party either through a sale, gift or other means, said opinion and PASS automatically become null and void. PASS-CO accepts no responsibility for the issuance of any PASS or any accompanying financial or other guarantees issued to a party who is subsequently found to not have been the owner of record at the time of the issuance of a PASS. This opinion is not intended to be published or distributed other than within the database and other informational vehicles as more fully described on PASS-CO's website located at www.pass-co.com.
- By submitting an item to PASS-CO, the client hereby warrants that the client is the owner of the item to be authenticated.
- The client grants PASS-CO the right to publish a partial photographic reproduction of the item within its online database or similar informational vehicle as more fully described on PASS-CO's website located at www.pass-co.com
- PASS-CO respects the privacy of our clients and will not sell or publish identifying client information without first obtaining the express written consent of the client.
- PASS-CO will exercise reasonable care in the handling of items submitted for review to PASS-CO. If an item is lost or damaged while in PASS-CO's possession, the client will be compensated in accordance with PASS-CO's standard procedures and not necessarily the insured value the client assigned to the item. PASS-CO will determine, based exclusively on PASS-CO's opinion and discretion, whether to compensate client through a comparable replacement or to compensate the client by payment of the fair market value as determined by PASS-CO. Such compensation (i.e. replacement or fair market value) shall be the client's exclusive remedy for any loss or damage and PASS-CO disclaims any liability for incidental or consequential damages arising therefrom.
- The client agrees to immediately inspect all items upon receipt from PASS-CO and report any damage or discrepancy to PASS-CO within three (3) business days of said receipt.
- PASS-CO shall have no liability whatsoever to the client for any damage to any item, or otherwise, resulting from the misuse, alteration or attempted alteration of the encapsulation sheets.
- The client agrees to indemnify PASS-CO for any and all damages, costs and attorney's fees incurred by PASS-CO resulting from any action brought by any third party concerning this PASS.
- In consideration of PASS-CO issuing its opinion on authenticity, grading and/or scoring, the client releases PASS-CO from any liability whatsoever arising out of or related to this PASS unless due to gross negligence or bad faith.
- PASS-CO and the client agree that in the event the client seeks damages for any reason whatsoever, damage calculation being uncertain, any damages sought by or awarded to the client shall be limited to either the replacement of the item at issue with an authentic one or liquidated damages in the amount of two times (2x) the fee paid by the client for PASS-CO's services for items placed under the silver level of service. For items authenticated under the Gold Level, liquidated damages shall be the lesser of five times (5x) the fee paid by the client or $5,000. The client hereby agrees that PASS-CO is vested with the sole decision as to either replacement or payment of said liquidated damages. To the extent PASS-CO opts to replace the item at issue, said replacement shall take place no later than ninety (90) days from the date PASS-CO received the item from the client. To the extent PASS-CO opts to pay the liquidated damages, said payment shall be made no later than ninety (90) days from the date PASS-CO received the item from the client. In the exercise of either option, and only at the request of PASS-CO the client agrees that possession and title to the item at issue will vest to PASS-CO and will execute all documents needed to transfer said title free from all third party liens, security interests and other encumbrances.
- In the event of any dispute arising between the client and PASS-CO, the parties agree that they will, in good faith, try to resolve said dispute through mediation which shall take place within the State of New Hampshire. The parties agree to equally share the costs of mediation with the exception that each party shall bear his/her/its own attorney's fees connected with said mediation. The parties further agree that the laws of the State of New Hampshire shall be applied to any disputes arising out of the parties' relationship and that any legal action shall take place within the jurisdiction of the State of New Hampshire.
- Any PASS-CO certification obtained through the use of a fraudulent submission or information shall be null and void.
PASS-CO MAINTAINS A COMPREHENSIVE DATABASE OF IMAGES OF ALL ITEMS SUBMITTED. THESE IMAGES WILL DEPICT THE ACTUAL STATE OF THE ITEM AT THE TIME IT WAS SUBMITTED TO PASS-CO. IN THE EVENT OF ANY DISPUTE, THE PASS-CO IMAGERY WILL BE DEEMED TO BE THE FINAL AUTHORITY.