Terms and Conditions of Dealer Membership
Customers may be individual Collectors or Authorized Dealers. The present Membership Agreement applies to Authorized Dealers.
Parties to an executed Membership Agreement are the applying Customer and NGC GmbH. NGC GmbH may subcontract Services from its affiliated companies in the United States:
- Certified Collectibles Group, LLC ("CCG")
- Numismatic Guaranty Corporation (“NGC”)
- Numismatic Conservation Services (“NCS”)
- Paper Money Guaranty (“PMG”)
- Certified Guaranty Company (“CGC”)
- Classic Collectible Services (“CCS”)
These companies are referred to collectively in this document as "CCG Companies" and each as a "CCG Company." For corporate details of the CCG Companies please refer to the background information on the “About” page.
By completing and submitting a Membership application, Customer is agreeing to accept these Terms and Conditions of the Membership Agreement which includes
- the Service Terms and Conditions (“Service Terms and Conditions”),
If a Customer prefers to order Services directly from a CCG Company in the US, it may turn to the website of such relevant CCG Company and place its order under applicable US law in the procedures prescribed on such website.
2. Dealer Membership
If NGC GmbH accepts applicant as an Authorized Dealer (hereinafter the “Customer”), then Customer agrees to be bound by and comply with the procedures and rules of NGC GmbH applicable to Authorized Dealers. These include the Authorized Dealer’s consent to the utilization of its name by NGC GmbH and the relevant CCG Company in periodic advertising in print and other advertising media. Customer further agrees to assist in its timely evaluation by NGC GmbH to become an Authorized Dealer.
NGC GmbH reserves the right in its sole and exclusive discretion, which may be exercised for any reason, without regard to reasonableness, to reject any item submitted to it by Customer for grading, conservation, or restoration services.
Customers accepted as Authorized Dealers shall at all times be an independent contractor and shall not be considered an agent of a CCG Company for any purpose whatsoever. Such Customers shall have no authority to bind a CCG Company to any agreement or to make any public or private statement of corporate policy or intentions with respect to matters connected with grading services or otherwise.
Customers accepted as Authorized Dealers hereby acknowledge and agree that he or she is not eligible for collector membership under the Collector Membership Agreement. In the event a Customer accepted as Authorized Dealer becomes, or attempts to become a member under the Collector Membership Agreement, NGC GmbH may immediately revoke that Customer’s Membership.
Upon acceptance by NGC GmbH of the application to become a Customer under the Membership Agreement, the applicant is considered a registered Customer who is entitled to submit, on the basis of a Submission Form, coins and notes (“Collectibles”) to NGC GmbH for the purpose of arranging for the ordered Services by the appropriate sub-contracted US affiliate. As a Member, the Applicant agrees to be bound by and comply with this Membership Agreement and on a supplementary basis, the CCG Companies’ practical and administrative procedures and rules as the same may be published on NGC GmbH’s websites from time to time. In the event of a conflict between these CCG rules and the terms of the Membership Agreement, the terms of the Membership Agreement shall prevail.
4. Contract Violations, Termination
The Customer agrees not to engage in conduct (acts or omissions) which constitutes (i) fraud or deceit, (ii) an illegal conversion of a fellow Member’s property, (iii) a violation of criminal statutes, or (iv) conduct involving moral turpitude, or otherwise which would threaten the reputation of NGC GmbH, CCG and/or the collecting community (collectively, the “Prohibited Acts”). The Customer understands that Membership shall be subject to immediate termination upon written notice from NGC GmbH in case it is responsible for any Prohibited Act. The Applicant understands and agrees that membership is further subject to revocation upon thirty (30) days’ written notice if the Customer fails or refuses to make timely and proper payment of financial obligations to NGC GmbH after requests to cure and correct such fault. In addition, NGC GmbH reserves the right in its sole discretion to terminate Membership at any time on written notice should the Customer engage in behavior that NGC GmbH considers abusive or inappropriate with respect to the staff of any CCG Company, or with respect to any other member of the community. Membership may also be terminated for any reason by either party upon thirty (30) days’ written notice to the other party.
NGC GmbH may immediately revoke membership if a Customer accepted as an Authorized Dealer fails or refuses to make timely and / or proper payment of any sums or financial obligations to NGC GmbH within fifteen (15) days of its receipt of written notice of such obligation from a NGC GmbH. NGC GmbH may also immediately revoke membership if a Customer accepted as an Authorized Dealer is (i) charged with or becomes a party to a judicial, quasi-judicial, administrative, or other proceeding in which Customer or any of its principals, shareholders, directors, officers, members, managers, agents, or employees is charged with any act or omission that constitutes or involves allegations of fraud, deceit, an illegal conversion of property, a violation of any federal or state criminal law, or conduct involving moral turpitude; or (ii) is adjudicated as insolvent, declares bankruptcy, makes an assignment for the benefit of creditors, or is not paying its debts as they become due; or (iii) engages in any illegal activity or any conduct, act, or omission that in NGC GmbH’s reasonable discretion threatens the reputation of or sheds a negative or disparaging light on the Customer, any CCG Company and / or the collectibles industry.
Additionally, the membership may be terminated for any reason by either party upon fifteen (15) days’ written notice to the other party or upon such longer notice period as German law may prescribe in the circumstances of the relevant Dealer relationship.
5. Customer Responsibilities
The Customer understands and agrees that it is financially responsible for Collectibles submitted to NGC GmbH (including risk of loss during shipment) pursuant to the terms of the applicable Submission Forms. Payment for all services must accompany each order. Credit cards may be billed immediately from the day of receipt of a Submission Form by NGC GmbH.
6. Intellectual and Industrial Property Rights
The Customer further agrees that all worldwide rights to use, reproduce and distribute images made by NGC GmbH, CCG or any CCG Company of any Collectibles submitted by the Applicant in any media, including without limitation, print, video, Internet, catalogs or other publications, belong exclusively to NGC GmbH, CCG or such CCG Company, as applicable. Such rights shall extend to any technology now known or which may hereafter become known. The Customer agrees that if, as a result of CCG’s use of imaged material as set forth herein, any releases, authorizations, consents, payments and/or licenses are required from any third party, then the Customer shall be fully responsible for any such releases, authorizations, consents, payments and/or licenses and further agrees to hold NGC GmbH, CCG and all CCG Companies harmless from and against any losses, costs, claims, judgments, damages and expenses arising from the Customer’s breach of the foregoing obligations.
7. No Dual Memberships
The Customer understands and agrees that Customers accepted as Authorized Dealers of NGC GmbH may not also be Customers accepted as Collector members.
8. Written Form
This Membership Agreement may only be amended or modified by the Parties hereto by written agreement. This written form requirement applies as well to this clause 8.
9. Applicable Law
The laws of Germany without regard to its conflict of laws principles shall apply to transactions and / or disputes between NGC GmbH and any Customer except in respect of the Guarantee provided by a US affiliate under US law.
Any invalid or not enforceable provision hereof shall leave any other provision in full force and effect. Should any provision hereof be or become invalid or unenforceable in any given legal relationship, the parties agree to replace such invalid or unenforceable provision by a valid and enforceable counterpart which best reflects and meets the parties’ commercial intentions.
Should there be any discrepancy between the German language version of these Terms and Conditions and the version of these Terms and Conditions as translated into another language, the German language version shall prevail, govern and control in all respects.
Customer acknowledges and agrees that NGC GmbH in its sole and exclusive discretion may assign or delegate any of its rights and / or obligations to any affiliated service or service provider.
Electronic copies of this Dealer Membership Agreement (e.g., facsimile and pdf copies) shall be binding and shall be deemed originals of this Dealer Membership Agreement for any and all purposes.