INTRODUCTION
Solitaire Gemmological Laboratories (“SGL“) is an independent laboratory offering professional services of inspection, identification and grading of diamonds, gemstones and jewellery.
These Terms and Conditions apply in respect to the provision of SGL service and set forth the rights and obligations between SGL and a client who wishes to avail of any SGL services upon mutual agreement (“Client”). Any request of Client for SGL Services in any way, form or manner, and/or other action indicating the same; shall constitute implied acceptance by the Client of these Terms and Conditions and undertaking to honour them and be bound thereby.
DEFINITIONS
For the purpose of these Terms and Conditions, the following terms shall have the following meanings:
THE SERVICE
CLIENT REPRESENTATION OF LEGITIMATE POSSESSION
ACKNOWLEDGEMENT ON CONDITION OF ITEM
In principle, for the purposes of Inspection, an Item shall be inspected and measured in the state of loose stone. The Item that is studded / set in a jewellery piece may still be accepted for Inspection at the sole discretion of SGL. The issuance of Report will however be subject to the identification of stones / samples in the jewellery. In such cases, only total weight of the jewellery item and accessible dimensions of the gemstones will be given on the Report. Client acknowledges and agrees that the inspection may be omitted or measurement may be impossible for a certain part of the inspected items, or that the inspection may not be accurate.
THE REPORT
VALIDITY OF REPORT
DELIVERY AND STORAGE OF ITEM
Client shall submit the Item for inspection at SGL premises and shall collect the Item upon the request of SGL once the Inspection / Service is concluded. If the Client fails to collect the Item after the expiry of a period of ninety (90) days commencing on the date on which SGL completes Inspection, SGL shall thereafter be relieved of its responsibility for storing the Item. If SGL elects to store the Item, SGL may apply additional charges and reimbursements for insurance, security, safekeeping, admin support, and for the time and attention associated with the storage of the Item.
DISCLAIMER
Certificate/Report Disclaimer
SGL limits any liability under this report to the client to whom the report is addressed as evidence by this certificate number and the client accepts the contents of this report on the following terms and conditions:
An SGL report is intended to certify the characteristics of the gemstone(s)/jewelry/metal. These references are merely descriptive and refer in no way whatsoever to the location of origin of gemstone(s)/jewelry/metal. Under no circumstances can SGL or any affiliated companies be held responsible and/or liable for any infringement of intellectual property or other rights made by the descriptive references on this report.
INDEMNIFICATION
Client shall indemnify, hold harmless and defend SGL against and from any loss, damage, claim, demand, or expense (including attorneys’ fees and other expenses) arising from or in connection with a breach of these Terms and Conditions by the Client or the use of the services of SGL provided under these Terms and Conditions.
INSURANCE
PAYMENT FOR SGL SERVICES
The Client shall pay SGL based on an invoice issued according to the order form or other specific document or agreement identifying the Service and applicable fee for the Service. SGL may choose to withhold the Item in the event that the Client fails to pay the fee, or any part thereof, until the payment is duly settled.
TRADE NAME AND PROPRIETARY RIGHTS
All of SGL reports, copyrights, trade names, service marks and trademarks shall belong only to SGL as its sole and exclusive property and shall not be reproduced by anyone without SGL consent. For the avoidance of doubt, Client undertakes that all the aforesaid proprietary items shall not be used, either in whole or in part, for any promotion, advertisement or selling activities in relation to the inspected Item or otherwise, unless with the express prior written consent of SGL.