What is not covered?
- Normal wear and tear of Product use
- Misuse, lack of care, mishandling, accident, abuse, or other abnormal use
- Use of the Product other than for its intended purpose
- Damage caused by improper or unauthorized repair or maintenance
- Product that has been modified or altered
- Any product that is not manufactured by GradedGuard (including, without limitation, any non-GradedGuard product that is used in connection with the Product)
- Any Product that is not purchased from a GradedGuard authorized retailer
Except as expressly set forth above in the applicable limited warranty, GradedGuard disclaims all other express or implied warranties to the extent permitted by law and specifically disclaims and excludes all implied warranties, including, without limitation, the implied warranties of non-infringement of third party rights, merchantability and fitness for a particular purpose. If such disclaimer of any implied warranty is not permitted by law, the duration of any such implied warranties is limited to the durations of the applicable warranties set forth in this limited warranty. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. In addition to the rights described herein, you may also have other rights that vary from state to state or country to country with respect to the exclusion or application of implied warranties, incidental and consequential damages and repair and replacement. Consequently, the limitations or exclusions specifically contained in this warranty may not be applicable to you. This warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction. The warranty provided herein is limited to the value of the Product. Manufacturing specifications are subject to change without notice.
The following statement applies only to Australian customers that are “consumers” within the meaning of the Australian consumer law: “Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”
Limitation of Liability
In no event shall GradedGuard or its authorized suppliers be liable to you or any third party for any indirect, incidental, consequential, special or exemplary damages arising out of the use of the Product, including, without limitation, property damage, loss of value of the Product or any third party products that are used in or with the Product, or loss of use of the Product or any third party products that are used in or with the Product, even if GradedGuard has been advised of the possibility of such damages. GradedGuard has no liability for any damage or destruction to collectibles or other personal property that are in the Products, including, without limitation, cards, tickets, currency, other graded collectibles/collectible memorabilia, or any loss of quality in the aforementioned items. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract, tort (including negligence) or otherwise), the entire liability of GradedGuard and any of its authorized suppliers shall be limited to the amount actually paid by you for the Product. Some States and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.