wdm804 |
2011-08-09 16:20 |
关于NGC赔偿的问题讨论学习贴
首先声明,本贴纯讨论帖,讨论NGC的游戏规则,如诸位泉友对游戏规则不满,请另行开贴解决,我只为讨论求真知。
今天看了hlbb泉友的关于NGC赔偿的帖子,原文链接 http://www.coinsky.com/htm/bbs/topic.cgi?id=968571 帖子大致内容“客户服务大妈对我说, "是你自己送评的啊, 那么我们不保真的, 如果你要我们处理, 要么你把盒子退回来, 我们改正成"假币"再寄回给你"。
看完之后,我也对NGC的赔偿标准产生疑问,于是查了下他们的担保说明,由于个人水平有限,时间仓促,也看的不太明白,得出如下结论:
NGC的赔偿,我个人觉得是对购买NGC评级币产生损失的一种赔偿,个人理解为,购买了NGC的评级币,如果发现并证明为假,可以申请NGC赔偿,因为是由于NGC的担保,造成购买者的吃药,责任完全在于NGC。 而hlbb泉友的这种情况,是拿裸币送评,回来后自己发现是假币,NGC作为鉴定机构,导致泉友受到了损失(起码耽误了退货的时间),理应给予赔偿,可是换一个思维方式,这种事情,最应该给购买者赔偿的是上家,也就是卖假货的。虽然说NGC看走了眼,应该给予赔偿,但是我看他们的赔偿解释中,好像更多层面的把这个看成是一种工作的失误,即购买者没有在使用NGC评级币交易过程中产生过损失,也就无法给予赔偿,NGC担保的赔偿,是对其评级盒子币在流通环节中对购买者造成损失的一种赔付
以上是我自己的体会,不当之处肯定很多,请诸位批评指正,欢迎交流。 另,将NGC的担保解释英文拷贝如下,希望英文好的泉友从中发现更多的信息,我们共同进步。 NGC COIN GRADING GUARANTEE The following guarantee is applicable to NGC graded coins and NGC details graded coins that are encapsulated in NGC holders. Note that this guarantee does not apply to NGC Ancients, NGC Certified Gold and NGC Authenticated Bullion, which are subject to guarantees specifically applicable to those services.
All US and World coins and all tokens and medals certified and encapsulated by NGC are guaranteed authentic.
The grade of all coins certified by NGC is guaranteed, with the exception of details graded coins, which are guaranteed to be authentic only.
The owner of any NGC-certified coin believed to be over-graded or not genuine may submit it to NGC under our Appearance Review service.
If, in NGC’s sole opinion, the grade determined under such review is ultimately lower than the grade originally assigned, NGC will offer one of the following three remedies:
NGC shall purchase the coin from the submitter at its determination of the current market value (see below) for an example of that coin which is correctly graded at the original grade level assigned.
NGC shall exchange the coin in question with an equivalent coin at the original higher grade.
NGC shall return the coin to the submitter at the correct lower grade and pay the difference between the current fair market value (see below) of the coin at the newly established grade and the current fair market value of the grade originally assigned to such coin.
Further, in fulfillment of the NGC Coin Grading Guarantee, NGC may request information regarding the transaction history of a particular coin, including the date purchased, the purchase price and the transaction amount. NGC may also request that a submitter reverse a prior transaction. The submitter acknowledges that his or her inability to provide requested information and / or non-cooperation hinders NGC from fulfilling its commitment under the terms of this Guarantee, and in such cases NGC may not be able to offer remedy.
The remedy offered is at the option of NGC and may include only one of the remedies described above. NGC may also, at its sole discretion, have a coin submitted under this service professionally conserved if doing so can improve its fitness for the grade originally assigned. There will be no charges assessed to the submitter for conservation service performed in conjunction with an Appearance Review.
Due to the volatile nature of the coin market and Internet auctions / sales as well as the differences in buying habits of different individuals, selling prices in these auctions / sales, do not necessarily represent the current fair market value of any particular coin. Accordingly, NGC will determine the current fair market value of a coin based upon what NGC believes, in its sole opinion, to be reliable current market information. The fair market value, as determined by NGC, represents the current average dealer buying price for an accurately graded NGC-certified coin. Any coin pricing information that appears on NGC’s Web site is supplied by license from independent third parties and does not constitute the fair market value of coins for purposes of remedy under the terms of Appearance Review. NGC's determination of fair market value shall be binding on all parties.
The submitter of a coin using NGC’s Appearance Review service agrees to be bound to these terms.
WARNING: THIS GUARANTEE IS LIMITED. The NGC Coin Grading Guarantee does not apply to coins that have been removed from their NGC holders.
The NGC Coin Grading Guarantee does not apply if the NGC holder has been damaged, unsealed, tampered with or altered; such determination which shall be at the sole discretion of NGC.
The NGC Coin Grading Guarantee does not cover coins which have been graded by NGC but then are subjected to abuse, alteration or improper storage conditions such as (but not limited to) extreme temperature, moisture, damaging environmental conditions, excessive light, excessive motion or vibration or any other extreme conditions. NGC shall make the sole determination as to whether environmental factors have contributed and as to the existence of "extreme conditions.”
The NGC Coin Grading Guarantee does not apply to copper, bronze or copper-nickel coins graded by NGC prior to April 1, 2000.
To the extent that the NGC Coin Grading Guarantee applies to copper, bronze or copper-nickel coins, such Guarantee expires on the 10-year anniversary of their date of encapsulation by NGC.
Attributions, including variety attributions, reference attributions and pedigree attributions are NOT guaranteed.
Clerical errors, mechanical errors and typos are NOT guaranteed. If requested, NGC will remedy any mechanical error with respect to the description or grade of a coin on its label, free of charge. It is the duty of the buyer and seller of an NGC-certified coin to examine coins for mechanical errors and to return such coins for correction when warranted. The determination of what constitutes a mechanical error is at the sole discretion of NGC; examples of mechanical errors include, but are not limited to, the following:
If a coin were labeled a 1955 Doubled Die Lincoln Cent, when, in fact, the coin has no doubling, this would be a clerical error in the labeling description of the coin and not covered by the NGC Coin Grading Guarantee.
If the coin label description references a 1916 Standing Liberty Quarter, when, in fact, the coin in the holder with said label were a 1916 Barber Quarter, the description would be the result of a clerical error. Once again, this would not be covered by the NGC Coin Grading Guarantee.
If a coin were identified as a Proof, when, in fact, it is a business strike and the types are readily distinguishable from each other, this again would be a clerical error and not be covered by the NGC Coin Grading Guarantee.
If a coin were described as an 1881-O Morgan Dollar, when, in fact, it is an 1881-S Morgan Dollar and the mintmark were improperly indentified on the label, this would constitute a clerical error, not covered by NGC's guarantee.
THE NGC COIN GRADING GUARANTEE REPLACES AND SUPERSEDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE. THE REMEDIES PROVIDED IN THIS AGREEMENT ARE EXCLUSIVE. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, ALL OTHER REMEDIES AGAINST NGC, INCLUDING BUT NOT LIMITED TO, CONSEQUENTIAL, PUNITIVE AND INCIDENTAL DAMAGES, ARE WAIVED. The laws of Florida without regard to its choice of law principles shall apply to transactions and / or disputes between NGC and any Customer. Each Customer agrees to (1) the exclusive jurisdiction and venue for any dispute of the state and / or federal courts located in or serving Sarasota County, Florida; (2) not challenge such jurisdiction or venue; and (3) accept service by certified or registered mail.
Notwithstanding anything else contained in this NGC Coin Grading Guarantee, in the event of loss or damage of your coin by NGC, NGC will only be responsible for the LESSER of the actual fair market value or the submitter declared valued.
This Guarantee represents a clarification of prior and existing versions and in no way is intended to expand any rights created thereunder.
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