Pixel Pressed Grading

As part of making a grading submission to Pixel Pressed, customers must read and affirmatively agree to the following Pixel Pressed Grading Terms and Conditions (the ‘Agreement’) in order to complete their order. Customers agree to abide by this Agreement and further agree that Pixel Pressed is entitled to rely upon and benefit from this Agreement.

This Agreement is entered into between:

The partnership of W.J Nelson & A.N Strologo, with ABN 33952004481 and trading under the registered business name PIXEL PRESSED (hereafter referred to as ‘PPG’); and

You (hereafter referred to as ‘Customer’)

This Agreement is accepted by Customer clicking the box indicating their acceptance.

1. Customer is submitting collectibles for grading by PPG, pursuant to the Order. The ‘Order’ is the transaction to which this Agreement is attached by reference.

2. In consideration of payment by Customer of the Final Amount Due, PPG agrees to provide the Services in accordance with this Agreement. Payment of the Final Amount Due must be made in full in order for PPG to commence the Services. The ‘Final Amount Due’ is equal to the final price displayed at checkout to Customer, inclusive without limitation of the grading service cost, postage, insurance and any other fees, levies or taxes, in relation to the Order. The ‘Services’ are limited to PPG receiving the items specified by Customer in relation to the Order only, grading those items, placing those items into an acrylic grading case and wooden frame, and returning those items to Customer by postage. The only items that Customer may submit for the Services are standard-sized trading cards, of 6.4cm x 8.8cm dimension.

3. Title to the items submitted by Customer will remain with Customer at all times and will not transfer to PPG at any stage.

4. Customer shall complete all submission information on the submission page in the online purchasing process on the Pixel Pressed website, and Customer shall package and ship all collectibles, in accordance with the instructions set out in that process.

5. Customer represents and warrants that all collectibles submitted to PPG are the property of Customer, or that a third party has authorized Customer to submit the collectibles to PPG.

6. PPG will endeavor to grade items within the time frame, if any, offered as part of the PPG grading service. However, PPG will have no liability whatsoever to Customer for incidental or consequential damages due to PPG’s failure to grade any items within any time frame.

7. PPG will not grade items which bear evidence of having been altered in any way, or items which are of questionable authenticity, and Customer agrees not to knowingly submit any such items. Customer agrees that in the event PPG rejects any items for grading, PPG shall not refund the amount paid by Customer because the determination to reject an item requires a review by PPG’s graders and authenticators. Customer represents and warrants that he/she has no knowledge and no reasonable basis to believe that any item submitted for grading has been altered in any way or is not of genuine authenticity. For the purposes of this Agreement, an item that has been ‘altered in any way’ includes without limitation any item that has been trimmed, recoloured, restored or tampered with. For the purposes of this Agreement, an item that is ‘of questionable authenticity’ is an item which PPG determines (at its sole discretion), on any reasonable basis, is not an authentic and genuine item (such as, for example, a fake card).

8. Grading involves individual judgments that are subjective and require the exercise of professional opinion, which can change from time to time. Therefore, PPG makes no warranty or representation and shall have no liability whatsoever for the grade assigned by PPG to any item. Subject to Customer’s non-excludable rights under the Australian Consumer Law, the amount paid by Customer to PPG is NON-REFUNDABLE once the item begins the grading process (i.e, once the item is received by PPG).

9. PPG will exercise reasonable care in handling items submitted for grading, review, or reholdering. However, if PPG determines that Customer’s item was lost or damaged (certain situations excluded) while in PPG’s possession, Customer will be compensated based upon the fair market value of the item as determined by PPG standard procedures, which may include filing a claim with our insurance carrier. Such compensation shall be Customer’s exclusive remedy for any loss or damage, and is subject to Customer irrevocably releasing and discharging PPG and its affiliates from any liability for loss or damage to the item whatsoever, regardless of PPG’s actions or omissions. Notwithstanding the foregoing, due to the fragile or delicate nature of some items inherent in their manufacture or inherent in their condition, PPG reserves the right to exclude such items from this section because they may become damaged without any negligence or mishandling on PPG’s part. By agreeing to these terms, Customer hereby releases PPG of any liability if Customer elects to submit such naturally fragile or delicate items for authentication and grading.

10. Neither PPG nor Customer will be liable for any delay, loss or failure to perform their respective obligations under this Agreement if such delay, loss or failure is caused or contributed to by a Force Majeure Event.

11. Customer irrevocably authorises PPG to engage Australia Post or any other delivery service provider as PPG reasonably considers appropriate for return delivery of the Customer’s items to Customer (including the items graded by PPG pursuant to this Agreement). Customer irrevocably authorises PPG to release Customer’s items (including the items graded by PPG pursuant to this Agreement) to Australia Post or any other delivery service provider as PPG reasonably considers appropriate for return delivery of Customer’s items (including the items graded by PPG pursuant to this Agreement) to Customer.

12. Customer will pay for postage insurance of their items in relation to postage to and from PPG. PPG is not responsible for insuring the postage of Customer’s items to PPG from Customer in any circumstance. PPG will only be responsible for insuring the postage of Customer’s items from PPG to Customer (i.e, the return journey) if Customer has paid for such insurance during the checkout process when placing the Order, in which case PPG will not be responsible for insuring Customer’s items for any value higher than the value specified by Customer during the checkout process when placing the Order

13. Customer must inspect all items immediately upon receipt from PPG and PPG disclaims any liability for damage or discrepancies or errors, including, but not limited to, errors in the description of the item unless reported to PPG within seven (7) days of Customer’s receipt of the item(s). Customer agrees to return any incorrectly described item to PPG upon request for correction and agrees to indemnify and hold PPG harmless from any and all losses and/or claims caused by the circulation or sale of incorrectly described items.

14. Customer agrees (a) to pay to PPG all pricing 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 PPG shall have a security interest in the items submitted, as well as in any other property of Customer in the possession of PPG or its affiliates (collectively, the “Property”), to secure payment thereof. Customer hereby grants to PPG an assignment of and lien against the Property in the amount of any pricing and other charges due and payable pursuant to the terms of this Agreement.

15. Customer represents and warrants that Customer is the cardholder or authorized user of the payment method(s) Customer provides, and Customer authorizes PPG to use the payment method for the Final Amount Due.

16. PPG shall have no liability whatsoever to Customer, or any third party, (i) for any personal injury or (ii) any damage to any item, or otherwise, resulting from the breaking open of a PPG item holder. A ‘PPG item holder’ includes the wooden Jichimu frame that houses a graded card, the three layers of acrylic and wooden top piece and wooden insert, and by all other parts that comprise a PPG item holder.

17. PPG shall have no liability whatsoever to Customer, or any third party, for or for any damage to any item that PPG can reasonably demonstrate occurred while the item was not in the custody or control of PPG including, but not limited to, loss or damage to items while being shipped to PPG, or while being shipped by PPG to Customer. Customer assumes all risk of loss or damage to collectibles while items are being shipped to and from PPG, and while items are otherwise not in the custody or control of PPG.

18. PPG will not be responsible for returning items sent with insufficient payment or insufficient return address information, nor will PPG be responsible for ensuring the return of such items. PPG is not liable if items are returned to the wrong delivery address due to Customer providing the wrong delivery address, or failing to provide sufficient detail to ensure delivery to the correct address.

19. Except as expressly set forth in this Agreement to the contrary, and except for that which cannot be excluded or restricted due to Customer’s Consumer Law Rights under the Australian Consumer Law, PPG DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES, EXPRESSED OR IMPLIED, REGARDING PPG’s GOODS AND SERVICES.

20. Notwithstanding anything to the contrary contained in this Agreement, THE MAXIMUM AGGREGATE LIABILITY THAT PPG 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 CHARGES OR LESS ACTUALLY PAID BY CUSTOMER FOR THE GRADING SERVICES RENDERED BY PPG WITH RESPECT TO THE ITEMS SUBMITTED FOR GRADING HEREUNDER. IN NO EVENT SHALL PPG 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.

21. In the ordinary course of its grading operations, PPG (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 PPG, Customer, on behalf of itself and any third party for whom Customer may be acting, hereby authorizes PPG (i) to compile, maintain and publish 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 PPG will be the owner of such Data and all such Images and that PPG may use and exploit such Data and the Images for commercial and any other purposes, as PPG 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 PPG 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 Data and Images may be reproduced or published).

22. 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 PPG at any time upon its request.

23. This Agreement is delivered and accepted in the State of Western Australia, Australia, and it is the intention of the parties that it be governed by and construed in accordance with the substantive laws of that State, without regard to conflicts of laws principles. The parties hereby consent to personal jurisdiction of the courts of the State of Western Australia 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, and agree that the courts of the State of Western Australia shall be the sole venue, and the State of Western Australia shall be the sole forum, for the bringing of such action. Customer and PPG irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Western Australia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

24. Customer agrees that, subject to their Consumer Law Rights, Customer has not relied on any representations or warranties made by PPG prior to entering this Agreement that are not included in this Agreement.

25. Each party represents, warrants and agrees that a) it has full legal capacity, right, authority and power to enter into this Agreement, to perform its obligations under this Agreement, and to carry on its business; and (b) this Agreement constitutes a legal, valid and binding agreement, enforceable in accordance with its terms.

26. Subject to Customer’s Consumer Law Rights, the terms and provisions in this Agreement constitute the entire agreement of PPG 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 another agreement, then this Agreement shall control.

27. Customer agrees to defend, indemnify, and hold PPG harmless, including all of PPG’s respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable solicitors’ fees and expenses, made by any third party due to or arising out of:

• Customer’s items;
• Customer’s request for Services;
• Customer’s use of the PPG’s website;
• Customer’s breach of these Terms and Conditions;
• any breach of Customer’s representations and warranties set forth in these Terms and Conditions; or
• Any violation by Customer of the rights of a third party, including but not limited to intellectual property rights.

28. Notwithstanding the foregoing, PPG reserves the right, at Customer’s expense, to assume the exclusive defence and control of any matter for which Customer is required to indemnify PPG, and Customer agrees to cooperate, at Customer’s expense, with PPG’s defence of such claims. PPG will use reasonable efforts to notify Customer of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. This clause will survive the termination or expiry of this Agreement.

29. If any provision (or part of it) under this Agreement is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under this Agreement cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from this Agreement and the remaining provisions (and remaining part of the provision) of this Agreement is valid and enforceable.