These terms and conditions are between OCE Grading (“we”, “us” or “our”) and the customer (“you” or “your”). By clicking an acknowledgement box and/or making payment for our services, you acknowledge that you have read and agree to be bound by these Terms and Conditions (the “Agreement”).

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This Agreement is subject to your statutory consumer law rights, which cannot be excluded, restricted or modified except to the extent permitted by law.

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1. Service Timelines

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We will use reasonable endeavours to complete our services within the estimated timeframes provided.

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Any completion dates or turnaround times provided by OCE Grading are estimates only. While we will act with due diligence, we are not responsible for delays caused by circumstances outside our reasonable control.

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2. Shipping and Risk of Loss

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You are responsible for arranging and paying for delivery of your cards to OCE Grading.

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2.1. Inbound Shipping

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OCE Grading does not provide or arrange insurance for cards being sent to us.

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You bear the risk of loss or damage during inbound shipping until the shipment has been accepted for delivery at OCE Grading's premises.

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Customers are responsible for selecting an appropriate shipping method and arranging any desired insurance or compensation cover with their chosen inbound carrier.

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2.2. Return Shipping

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Submission Protection (referred to as 'Insurance Cover' on the submission form) under Section 4 applies while cards are in OCE Grading's possession and does not itself extend to return shipping.

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Where additional Submission Protection has been selected and paid for, OCE Grading may arrange Australia Post insurance or compensation cover for the return shipment based on the protected value of the submission, subject to a maximum of AUD $5,000 per submission and Australia Post's applicable terms, conditions, exclusions and compensation limits.

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If additional Submission Protection is not purchased, your cards may be returned without additional Australia Post insurance and will be at your risk once they have been handed to the nominated return carrier, except to the extent that liability cannot lawfully be excluded or limited.

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3. Authenticity and Rejected Items

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OCE Grading reserves the right to reject any item that shows evidence of alteration, tampering, counterfeit production, questionable authenticity or any other characteristic that makes the item unsuitable for grading or encapsulation.

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Where an item has already undergone authentication, inspection, grading preparation or other processing before being rejected, OCE Grading may retain some or all of the applicable service fee to reflect the services already performed.

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You agree not to knowingly submit counterfeit, altered, tampered-with or otherwise inauthentic items.

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4. Care, Submission Protection and Liability

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For the purpose of these Terms and Conditions, "Insurance Cover" shown on the submission form refers to the additional 'Submission Protection' described in this section and other sections of the agreement. It is separate from any insurance of compensation cover provided by a shipping carrier.

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4.1. Reasonable Care

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OCE Grading will exercise reasonable care in the handling, grading, storage and processing of submitted items.

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This includes the use of appropriate protective handling procedures and secure storage while cards are in our possession.

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4.2. While in Our Possession

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Once delivery has been accepted by OCE Grading, we remain responsible for exercising reasonable care of your cards until they are handed over to the nominated return carrier.

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4.3. Included Submission Protection

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Every card submitted to OCE Grading automatically includes Submission Protection of up to AUD $10 per card while that card is in OCE Grading's possession.

The included Submission Protection forms part of the submission service and does not increase the grading fee.

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The included Submission Protection applies only while cards are in OCE Grading's possession. It does not apply:

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• during inbound shipping to OCE Grading; or

• after the cards have been handed to the nominated return carrier.

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If the fair market value of a card exceeds AUD $10, you are responsible for entering an appropriate Declared Value for that card and selecting any applicable additional Submission Protection.

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4.4. Declared Value and Additional Submission Protection

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The submission form allows you to enter an individual Declared Value for each card in your submission.

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The Declared Value represents the maximum amount of Submission Protection requested for that individual card.

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A Declared Value:

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• does not constitute an agreed valuation of the card;

• does not confirm or establish the card's fair market value;

• does not guarantee compensation of the amount declared; and

• acts only as the maximum protection limit that may apply to that card.

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Where additional Submission Protection is selected and paid for, the maximum protected value applying to each individual card will be based on the Declared Value entered for that card.

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Protection is allocated individually to each card and is not apportioned evenly across the submission.

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For example:

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• a card with a Declared Value of AUD $100 may be protected for up to AUD $100;

• a card with a Declared Value of AUD $500 may be protected for up to AUD $500; and

• a card for which no additional Submission Protection applies will remain subject to the included protection of up to AUD $10.

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All cards remain subject to a fair market value assessment by OCE Grading in the event of a claim.

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The Declared Value is only the maximum amount that may be protected. If OCE Grading reasonably determines that the card's fair market value is lower than its Declared Value, the lower fair market value will apply when determining any compensation.

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The maximum total protected value of all cards within any one submission is AUD $5,000.

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You are responsible for ensuring that each Declared Value reasonably reflects your estimate of the fair market value of the applicable card.

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Where a card has a fair market value greater than its applicable protected value, you acknowledge that the difference may not be protected against loss or damage, except to the extent that liability cannot lawfully be excluded or limited.

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4.5. Compensation

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If a card is lost or accidentally physically damaged while covered by included or additional Submission Protection, OCE Grading will assess the card's fair market value using reasonable available evidence.

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Compensation will not exceed the lowest of:

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1. the applicable Declared Value or included protected value for that individual card;

2. the card's substantiated fair market value immediately before the loss or damage; and

3. where the card has been damaged but not lost, the substantiated reduction in its fair market value caused by the damage.

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The Declared Value is therefore a maximum protection limit only and does not guarantee payment of that amount.

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OCE Grading may determine fair market value by reference to reasonable available evidence, including:

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• submission photographs or scans;

• purchase invoices or receipts;

• recent comparable sales;

• recognised price guides or market data;

• the card's condition at the time of submission;

• the specific version, variation, language, edition or printing of the card; and

• any other information reasonably relevant to establishing fair market value.

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Where available market evidence reasonably indicates that a card's fair market value is lower than its Declared Value, compensation will be based on the lower fair market value.

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Compensation will not be based on:

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• speculative or hypothetical values;

• anticipated grades;

• the value the card might have achieved if it had received a particular grade;

• potential future appreciation; or

• asking prices that are not reasonably supported by market evidence.

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The maximum aggregate compensation payable in respect of any one submission under Submission Protection is AUD $5,000.

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4.6. Insufficient Submission Protection

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If you do not select additional Submission Protection for a card, the maximum protection applying to that card will be limited to the included protection of up to AUD $10.

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Where the fair market value of a card exceeds its applicable protected value, you accept the financial risk associated with the unprotected portion of that value, except to the extent that liability cannot lawfully be excluded or limited.

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OCE Grading recommends that customers enter an appropriate Declared Value and select sufficient additional Submission Protection for cards worth more than AUD $10.

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4.7. Declared Values and Market Value Assessment

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You are responsible for entering Declared Values that reasonably reflect your estimate of the fair market value of the cards submitted.

A Declared Value does not bind OCE Grading to that valuation and does not constitute acceptance, verification or confirmation by OCE Grading of the stated value.

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OCE Grading does not ordinarily verify or approve Declared Values at the time a submission is lodged.

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If a claim arises, OCE Grading may conduct a fair market value assessment using reasonable available evidence.

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Entering a Declared Value higher than a card's actual fair market value will not increase compensation beyond the card's substantiated fair market value or, in the case of damage, the actual reduction in its fair market value.

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Entering a Declared Value lower than a card's actual fair market value will limit the maximum Submission Protection available for that card to the applicable Declared Value.

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OCE Grading may request reasonable evidence supporting the identity, condition and fair market value of a card where necessary to assess a claim.

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4.8. Statutory Rights and Limitation of Liability

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To the maximum extent permitted by law, OCE Grading's contractual liability for accidental loss or accidental physical damage occurring despite OCE Grading exercising reasonable care will be limited to the applicable Submission Protection amounts set out in this Section 4.

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Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.

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5. Returned Items, Damage Claims and Defects

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You must inspect your cards promptly after receiving your returned submission.

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If you believe that a card was damaged while in OCE Grading's possession, you must notify us as soon as reasonably practicable and preferably within seven days after delivery.

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Your notification should include, where reasonably available:

• photographs of the affected card;

• photographs of the holder or case;

• photographs of the shipping packaging; and

• any other evidence reasonably required to assess the claim.

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Failure to notify OCE Grading within seven days does not exclude any right or remedy that cannot lawfully be excluded.

However, a delay in notification may affect our ability to reasonably determine when or how the alleged loss or damage occurred.

OCE Grading will investigate claims reasonably and in good faith, having regard to available evidence including:

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• submission scans and photographs;

• processing records;

• packaging;

• the condition of the returned item; and

• evidence supplied by you.

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Where OCE Grading determines on reasonable grounds that a card was lost or damaged while in our possession, any compensation payable under included or additional Submission Protection will be calculated in accordance with Section 4.

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If a label or case supplied by OCE Grading is materially incorrect or defective, we will correct or replace it at no additional service charge, provided that you notify us within a reasonable period after discovering the issue.

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6. Photographs, Scans and Data

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In providing our services, OCE Grading may create photographs, scans, measurements, grading information and other data relating to submitted items.

You retain ownership of your physical cards.

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By submitting an item to OCE Grading, you grant us a perpetual, royalty-free licence to use photographs, scans and other images of the submitted item for purposes including:

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• record-keeping;

• authentication;

• grading and quality control;

• training;

• research;

• marketing; and

• other legitimate business purposes.

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OCE Grading will own the photographs, scans and other data that we create in connection with providing our services, subject to any rights that cannot lawfully be excluded.

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7. Force Majeure

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OCE Grading is not liable for any delay or failure to perform caused by events beyond our reasonable control, including but not limited to:

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• natural disasters;

• fire;

• flood;

• severe weather;

• strikes or industrial action;

• acts or requirements of government;

• carrier disruptions;

• transport interruptions; or

• other circumstances outside our reasonable control.

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Nothing in this section excludes any right or remedy that cannot lawfully be excluded.

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8. Entire Agreement and Precedence

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This Agreement constitutes the entire agreement between OCE Grading and you in relation to the services covered by these Terms and Conditions.

If there is any inconsistency between this Agreement and a submission form, order confirmation or other document relating to the service, this Agreement will prevail unless expressly stated otherwise.

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9. Governing Law

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This Agreement is governed by the laws of Queensland, Australia.

You agree to submit to the non-exclusive jurisdiction of the courts of Queensland and any courts having jurisdiction to hear appeals from those courts.

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