TERMS AND CONDITIONS
ATTENTION: THESE CONDITIONS OF BUSINESS SHALL CONSTITUTE AN AGREEMENT FOR PROVIDING A VALUATION (THE "AGREEMENT") BY STEINER SPORTS MEMORABILIA, INC. (THE "COMPANY") TO YOU (THE "RECIPIENT" OR "YOU"). YOU SHOULD READ THE TERMS SET OUT BELOW CAREFULLY AS THEY WILL FORM PART OF A LEGALLY BINDING CONTRACT YOU WILL BE ENTERING INTO IF YOU CHOOSE TO HAVE YOUR OBJECT VALUED BY THE COMPANY.
The headings in the Conditions of Business are inserted for convenience only and shall not affect the construction of the Agreement. By submitting the photographs of the object to be valued and any related information, the Recipient: accepts of the Conditions of Business as set out here; and grants the Company a world-wide non-exclusive, perpetual, royalty-free license on all the material provided. The Company reserves the right to refuse to provide a valuation.
The Agreement shall consist of the Conditions of Business. No other documentation, correspondence or any other form of communication shall form any part of the Agreement unless both parties so agree in writing.
The Agreement shall only be entered into and come into effect once the Company has accepted to make a valuation of the object and the Recipient has paid the Price subject to the Company's right to withdraw its services in accordance with the terms hereof.
Under the Agreement, the Company shall provide a valuation regarding the photograph of an object submitted by the Recipient. This valuation consists of giving an electronic / written estimate of the value of the object submitted which in the Company's opinion may be achieved if the object were to be sold without reserve on the open market at an international auction with a reputable auctioneer after appropriate marketing and on the basis of your warranties and acknowledgements set out below (the "Valuation") at the time the Valuation is given. This Valuation has been generated for the sole purpose of providing the Recipient with a theoretical market appraisal for an object that meets the limited details provided. The Valuation uses comparative market data, but without complete knowledge of the subject or object could produce inaccurate results. Neither the outcome nor the information it contains should be used for any other purpose than for the Recipient's entertainment and they are invalid if so used. This Valuation does not purport to be a registered Valuation or otherwise be deemed as any determination of the actual value of the object submitted. This Valuation is based upon information provided by the Recipient that has not been verified by the Company.
The Valuation does not take into account any sale expenses, commissions and taxes (including taxes, duties, excises, value added or sales tax) which might apply or become due on a sale or transport of the object. Unless otherwise stated in writing, the Valuation is based upon a preliminary inspection of the photograph of the item submitted and without any physical inspection, cleaning, restoration, detailed inspection or disassembly and without any research into the item's background or further tests and analysis. The Valuation is a statement of opinion and not fact. This Valuation is based upon the concept of Fair Market Value, that value assumes a hypothetical sale, and unless stated otherwise, an all-cash sale. Any actual transaction may be concluded at a price that is higher or lower than the Valuation, depending upon the circumstances of the actual transaction. Such circumstances could include, but not be limited to changes in the economy, leveraging, cost of capital, the parties' individual perception of risk, knowledge, motivation, negotiating skills, quality of counsel, and other individual or interrelated factors.
The Company will use commercially reasonable efforts to provide the Valuation within  Business Days (Business Days for these purposes are the days on which banks are open for business in the United States) after the Recipient has submitted his request. If this period of Business Days is exceeded, the Recipient shall not be entitled to a refund.
The Company gives no representation, warranty or guarantee in the Valuation. No representations or warranties, are expressed or implied, regarding an object's origin, provenance, attribution, condition, date, age or authenticity. All items submitted must be accompanied with a reputable Certificate of Authenticity. The Company has the right to reject any item not accompanied with proper authenticity. The Company makes no representation or warranty in the Valuation that the object will realize the amount at which it is valued upon a contemporaneous or subsequent public or private sale. The Company does not warrant or represent in the Valuation that the object valued is safe, functioning or fit for the purpose for which it was intended.
The Valuation shall remain the copyright of the Company and shall be prepared only for the Recipient and is not to be used by any other person, or disclosed to any third party (other than the Recipient's professional advisors) or reproduced or published in any form without the Company's prior written consent. The Recipient shall indemnify and keep indemnified for 21 years the Company and its affiliated companies, and its and their servants, employees and officers against all liabilities and expenses incurred by them as a result of any breach of the above commitment by Recipient or arising from related claims by third parties in connection with the Valuation.
The Valuation may not be used for official or formal purposes such as (without limitation) in legal proceedings, insolvency or bankruptcy proceedings, divorces cases, for insurance purposes, or anything such like. The Valuation is provided at a given date (the date the Valuation is sent to the Recipient). The Recipient shall have a perpetual non-transferable license to the Valuation subject to the Company's right to revoke or withdraw its Valuation.
RECIPIENT'S OBLIGATIONS AND ACKNOWLEDGEMENTS
The Recipient shall pay the Price for the Valuation to the Company.
The Recipient warrants to the Company that he is the owner of the object or is duly and properly authorized by the owner to have the object valued.
The Recipient warrants that each object submitted for valuation is free from any third party interests, restrictions or claims whatsoever.
The Recipient warrants that all material provided are owned by the Recipient or the Recipient has the right to use such material and provide it to the Company. The Recipient indemnifies the Company fully with respect to any breach of this warranty.
The Recipient shall provide clear and accurate photos and provide full and accurate information about the object, such as already known authenticity issues, relevant location of the object, provenance, condition, condition issues, previous sales history and any other related information, in the possession or knowledge of the Recipient, his agents, employees, servants, advisers or his family. Where "family" in relation to a Recipient for the purposes of the Conditions of Business means the spouse or civil partner of the Recipient (including former spouse or civil partner), siblings (including step-siblings), parents (including step-parents), and children (including step- children and adopted children) of the Recipient or the Recipient's spouse or civil partner.
The Recipient acknowledges the following statement. The Valuation is an estimate that is a matter of reasonable opinion and as such opinions as to value may differ. Particular circumstances affecting the value of an individual object may not be known or foreseeable at the time of the Valuation. Values can also fluctuate as a consequence of external circumstances such as (without limitation) changes in the prevailing market conditions for the object or changes in relevant scholarship. In addition, the preliminary nature of the valuation work carried out may mean that the identification, attribution and value of the object might be subject to change on further examination or research by experts at a later stage whether these are internal or external to the Company. Unless otherwise stated in writing, the Valuation only reflects an estimate, the inherent characteristics (visible from the photographs provided) of the object being valued and does not reflect the surrounding circumstances of the object being valued (such as, without limitation, the object's provenance or place in a wider collection, or the existence of several similar items available for sale at the same time).
THE PRICE OF THE VALUATION
The Price shall be in accordance with the price list published on the Company's website at the time the item is submitted by you. The Price is exclusive of sales tax. The Company reserves the right to revise prices at all time and to hold special offers and discounts at various times.
LIMITATION OF THE COMPANY'S LIABILITY
The Company shall not be liable for any deficiency (including but not limited to any omissions, mistakes, erroneous attributions, authenticity issues or inaccurate values) in the Valuation as a consequence of:
External circumstances such as (without limitation) changes in the prevailing market conditions for the object, information not publically available or changes in relevant scholarship;
The surrounding circumstances of the object being valued (such as, without limitation, the object's provenance or place in a wider collection, or the existence of several similar items available for sale at the same time);
Failure to provide full and accurate information in the knowledge or possession of the Recipient, his agents, employees, servants, advisers or his family (see clause 5.5 of the Conditions of Business for the definition of family); and
Any other factors that cannot be identified by a reasonable inspection of the photographs received and information received by the Company (including but not limited to factors that can be identified only by a physical inspection of the object).
Any change in the underlying character of which the object is a representation or to which the object is associated. This report was prepared for the Recipient's eyes-only. While we have not been told of any intent to use this report other than for the purpose stated, should the Recipient later choose to provide any third party with a copy of this report, all such third parties must be advised by Recipient that this report, was materially prepared solely for the Recipient's entertainment and they are invalid if so used. Any third persons, must be advised by Recipient that the Company has no duty to any third parties, and therefore, no warranty is expressed or implied. Nothing in this Valuation is intended to replace said third parties' independent sole judgment, due diligence, or decision to seek professional valuation counsel.Failure to so advise shall constitute a material braach of this Agreement and render any Valuation null and void.
TERMINATION OF THE AGREEMENT
Where the Company breaches the Conditions of Business: the Agreement shall be terminated with immediate effect; a refund of the price paid for the Valuation done shall be credited to the Recipient by the same means through which the Recipient paid the Company less any administration or other charges made by the Recipient's credit card, debt card, bank or other provider; and the license to the Valuation shall be revoked and the Recipient shall destroy the Valuation.
Where the Recipient breaches any provision of the Conditions of Use, or obtains the Valuation in connection with any illegal purpose, in commission of a criminal offence or any other unlawful activity ("Unlawful Conduct"):
In the event that any part of the Agreement should be held to be unenforceable for any reason, that term shall be deemed to be not part of the Agreement, the remaining portions of the Agreement shall remain in full force and effect.
GOVERNING LAW AND JURISDICTION
The Agreement shall be construed in accordance with New York State law. In the event of disputes hereunder, the parties hereto submit to the exclusive jurisdiction of the New York State courts.
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