首先聲明,本貼純討論帖,討論NGC的游戲規則,如諸位泉友對游戲規則不滿,請另行開貼解決,我只為討論求真知。
今天看了hlbb泉友的關于NGC賠償的帖子,原文鏈接
http://www.coinsky.com/htm/bbs/topic.cgi?id=968571 帖子大致內容“客戶服務大媽對我說, "是你自己送評的啊, 那么我們不保真的, 如果你要我們處理, 要么你把盒子退回來, 我們改正成"假幣"再寄回給你"。
看完之后,我也對NGC的賠償標準產生疑問,于是查了下他們的擔保說明,由于個人水平有限,時間倉促,也看的不太明白,得出如下結論:
NGC的賠償,我個人覺得是對購買NGC評級幣產生損失的一種賠償,個人理解為,購買了NGC的評級幣,如果發現并證明為假,可以申請NGC賠償,因為是由于NGC的擔保,造成購買者的吃藥,責任完全在于NGC。
而hlbb泉友的這種情況,是拿裸幣送評,回來后自己發現是假幣,NGC作為鑒定機構,導致泉友受到了損失(起碼耽誤了退貨的時間),理應給予賠償,可是換一個思維方式,這種事情,最應該給購買者賠償的是上家,也就是賣假貨的。雖然說NGC看走了眼,應該給予賠償,但是我看他們的賠償解釋中,好像更多層面的把這個看成是一種工作的失誤,即購買者沒有在使用NGC評級幣交易過程中產生過損失,也就無法給予賠償,NGC擔保的賠償,是對其評級盒子幣在流通環節中對購買者造成損失的一種賠付
以上是我自己的體會,不當之處肯定很多,請諸位批評指正,歡迎交流。
另,將NGC的擔保解釋英文拷貝如下,希望英文好的泉友從中發現更多的信息,我們共同進步。
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.