This is the terms and agreement between Hot Pressed Comics, and participating Client’s.
These terms and conditions apply to the services ordered by you, the Client and described in the submission form.
Client agrees to pay Hot Pressed Comics all Services fees at the time of invoice due date. Prices for Services are subject to change. If, after 2 months, there is an unpaid balance, the amount shall accrue interest at the rate of 1.0% per month until paid. In addition to such security interest, Client agrees that Hot Pressed Comics may hold any collectibles submitted by Client until Client has paid in full all outstanding balances, regardless of whether such balances are related to such collectibles or other invoices.
Client assumes all risk of loss or damage to collectibles until collectibles are received and inspected by Hot Pressed Comics. Hot Pressed Comics provision of Services commences upon receipt of a submission of collectibles from Client. Once a submission of collectibles is delivered too Hot Pressed comics , it cannot be cancelled or changed by Client.
Hot Pressed Comics compiles data regarding, and digital images of, collectibles submitted for Services. In partial consideration for the performance of Services pursuant to the Submission Form, Client hereby authorises Hot Pressed Comics to compile such data and make such images and agrees that Hot Pressed Comics shall have an irrevocable, non-exclusive, perpetual, unlimited, royalty-free right and licence to use and commercialise such data and images for any purpose. This process is repeated again at the time of shipping to the next destination.
Client acknowledges that certain collectibles that are extremely thin; collectibles that are extremely fragile or brittle, including many collectibles printed prior to 1974. Client further acknowledges that certain paper collectibles may be more susceptible to damage, even when reasonable care is exercised in handling them, due to the state in which they are provided by Client to Hot Pressed Comics Items that are worn, fragile, or brittle, and/or the properties, characteristics and quality levels of the materials of which the items are composed. Hot Pressed Comics will use reasonable care with respect to collectibles submitted to it for Services. In the event that Hot Pressed Comics determines that a collectible is damaged due to negligence or lost while in a Hot Pressed Comics possession, Clients sole remedy will be compensation based upon Hot Pressed Comics good faith determination of the fair market value of the collectible, or depreciation of value in light of what Hot Pressed Comics believes to be reliable current market information. The amount of the compensation will not necessarily be based upon, but in no event will exceed, Clients stated declared value of the collectible set forth in the Submission Form.
Hot Pressed Comics does not provide grade protection or any type of guarantee for collectibles submitted to them. Due to the fragile nature of collectibles, Client acknowledges that techniques used by Hot Pressed Comics for pressing, restoration removal, or conservation Services may result in new defects or damage to the collectible, including, but not limited to, spine splits, popped staples, paper pieces chipping off, creases, or change in gloss reflectivity. Client acknowledges that the conservation Services provided by Hot Pressed Comics with respect to a submitted collectible may result in a lower grade or no grade subsequently being assigned to such collectible by a grading company. By submitting a collectible to Hot Pressed Comics, the client waives any right to assert any form of legal claim against releases with respect to a lower grade or no grade subsequently being assigned to such collectible by a grading company, unless caused solely by the gross negligence or willful misconduct of Hot Pressed Comics.
Hot Pressed Comics has the right in its sole discretion to reject any collectibles submitted for Services in cases where the submitted collectibles do not comply with Hot Pressed Comics then-current standards and procedures set forth. Because even collectibles that are ultimately rejected must still be received, tracked and examined, fees for those mentioned services will be charged for such rejected collectibles.
Client agrees to return to Hot Pressed Comics, at Hot Pressed Comics expense, any collectible bearing an error in the work performed by Hot Pressed Comics. Hot Pressed Comics at its own expense, will attempt to correct the problem, and return the corrected collectible to Client. If client does not follow this procedure, and attempts to deformation Hot Pressed Comics to other clients, or industry participants, Client will be held liable for all damages caused due to the deformation, as well as any attorney fees incurred defending this agreement.
Except for any expressed warranties set forth in these terms and conditions, Hot Pressed Comics disclaims any and all warranties, express or implied, regarding Hot Pressed Comics and its services, including but not limited to the warranties of merchantability and fitness for a particular purpose. In no event shall Hot Pressed Comics or any of its affiliates, or any of its respective employees, officers, directors or agents, be liable to client or any other party for any indirect, incidental, special, consequential or exemplary damages, even if advised of the possibility of such damages, and except as otherwise expressly set forth in the guarantee in no event shall the aggregate liability of Hot Pressed Comics, its affiliates, and any of its or their respective employees, officers, directors or agents to the customer or any third party for whom the client may be acting, arising from any cause, act, omission or other circumstance, exceed the fees paid or payable for the services ordered pursuant to this order form.
Payment for pressing, restoration removal & Conservation:
Payment is not due until after Hot Pressed Comics receives the collectables, and sends the invoice by email and SMS messaging to the client. Once received, the submission cannot be changed, and the invoiced amount becomes due by the due date. This is regardless if work has begun or not (processing and administrations occur immediately). It is the responsibility of the client to at minimum observe the price, approximate length of wait time, and any other special conditions on the website, and the submission form. To not do so indicates a waiver to any dissatisfaction of choices of options. If a turnaround time is shown, or discussed, it is only a rough guess estimate without consideration of outside factors. Submissions that take longer than the client planned, understood, or was under the impression of, are not considered a guarantee, a promise, or provide an alternative course of action ending the contract. Both Hot Pressed Comics and the client’s agreement is the work to be completed in the length of time that is at the best of Hot Pressed Comics ability, without sacrifice to the process or results. Hot Pressed Comics reserves the right to terminate the contract for any reason deemed important enough to do so. Under those circumstances the client will receive a refund, minus cost incurred during the time the submission is in Hot pressed Comics possession. If the client wishes to breach the contract by cancelling the work, the property will be returned to the client as requested. In no circumstance if client chooses to terminate the contract, will there be any liability in part to Hot Pressed Comics, or any of its affiliates, or any of its respective employees, officers, directors or agents, be liable to client or any other party to refund part or all of payment made on the contract the client is cancelling, and is considered in default, forfeiting the funds paid.
Shipping to client/CGC/CBCS/ etc.
The amount of insurance is determined by the clients stated value of the books. Shipping to CGC, CBCS, or to client is by Shipping carrier, signature required. Hot Pressed Comics is not liable for the value of the collectible if Austpost loses or damages the collectibles. Hot Pressed Comics will file a claim and transfer any payment by Austpost/Collectible Insurance Services to the client, and if possible, the client will be named beneficiary to the amount granted.
Property Liability
It is very rare that a book is damaged from any of the processes performed by Hot Pressed Comics Pty ltd, but the potential for it to happen is possible. Hot Pressed Comics takes as many precautions as possible to prevent damage from occurring. Hot Pressed Comics has extensive conservation knowledge, tied in with the structural differences of comic paper, notably from 1935 to 1974. Because of the interactive nature of pressing, and restoration removal related tasks, damage is always a possibility. This usually happens due to comic books in fragile condition, which includes books that are tanned or brittle, spines exhibiting splits, loose paper on the staples, or pieces that are barely attached. Because it is impossible to ensure that damage will not occur, Hot Pressed Comics will not be held liable for split spines, covers or pages detached from staples, or detached pieces, unless otherwise proven to be gross negligence, as determined by a court of competent jurisdiction. In submitting books to Hot Pressed Comics, the client acknowledges and accepts the risk for the potential of damage, and that Hot Pressed Comics, its owner’s, affiliates, or employees will not be held legally or monetarily responsible or liable for damage to any book caused by handling or processes performed on the book. At Hot Pressed Comics, Customer satisfaction is very important, Hot Pressed Comics understands the industry, the clients, and why they possess such collectables. When possible, Hot Pressed Comics in good faith will try to find a resolution that will be satisfactory to both the client, and any other parties involved.. Except for any express warranties set forth in these terms and conditions, company disclaims any and all warranties, express or implied, regarding company and/or the services, including but not limited to the warranties of merchantability and fitness for a particular purpose. except as otherwise expressly set forth in the applicable guarantee. The maximum aggregate liability that Hot Pressed Comics shall have to the client, and at Hot Pressed Comics discretion, shall in no event exceed the services fee or fees paid by the client for the services ordered pursuant to this submission form. In no event shall Hot Pressed Comics, or any of its affiliates, or any of its or their respective employees, officers, directors or agents, be liable to the client or any other party for any indirect, incidental, special, consequential or exemplary damages, even if advise of the possibility of such damages, and except as otherwise expressly set forth in the applicable guarantee in no event shall the aggregate liability of Hot Pressed Comics, its affiliates, and any of its or their respective employees, officers, directors or agents, exceed the fees paid or payable to Hot Pressed Comics for the services.