This page contains the
Terms and Conditions for Services at the Precision Gem Grading
Laboratory, “PGGL” (the “Service”) ordered by the Customer on the
reverse side (the “Order”) as referenced through the Certificate #.
In these Terms and Conditions, references to “We,” “Us,” or “Our” mean
Precision Gem Grading Laboratory, the provider of the Service, and
references to “You” or “Your” mean the Customer identified on the Order
who is purchasing the Service.
Diamonds or other gems (the “Stones”) for which the Service is offered
by Us are either brought or shipped to Our location by You. We are
responsible for the security of the Stones while in Our possession at
Our site. You are responsible for the security of the Stones while
in transit to or from Our site. Our site consists of Our suite of
offices only and excludes all other parts of the building in which We
are located.
Upon arrival at Our site, You will be asked to complete an Order
covering the Stones You submit to Us for the Service. If Stones are
shipped, an Order covering the stones must be included in the Shipment.
An Order may also be submitted via the Internet. The Order will indicate
specifically what Service elements are requested for each Stone along
with an identification number, shape and weight.
Prices set forth on the Order are per Stone, on a sliding scale basis
depending upon carat weight and depending upon the requested Service.
Prices are quoted in US Dollars. Prices are exclusive of any
applicable sales, use, excise, gross receipts or Value Added Tax levies,
all of which are Your responsibility and which will be added to the
price where appropriate. ImaGem Diamond Grading Certificates issued by
PGGL cover the following elements: Grades for Cut, Color, Clarity,
Fluorescence, Symmetry, Alignment and Finish, as well as Gauging
measurements. An Image of the Table and Girdle and a Profile diagram
illustrating the proportions of a diamond are also included in the
Certificate. Depending on the Service elements requested by You, other
information may be included in the Certificate.
Specific exceptions from these elements can be requested when the Order
is submitted, and, if so, the exceptions will be recorded on the Order.
An accredited Graduate Gemologist will supervise the delivery of the
Service at Our Center.
Grading Certificates and/or labels for each Stone will be returned back
to You upon completion of the Service.
Payment is required from You at completion of the Service. Payment
options include: Cash, Credit card, Money Order, Wire and Check. For
Credit Card payments, a 3.5% service fee will be added to the total
Invoice Amount which includes Grading Charges plus any Shipping,
Handling and Insurance charge incurred by Us. For payment by Wire, a
flat $15 service fee will be added to the Invoice amount.
We warrant professional results, at least equal to applicable grading
standards in the industry. We will use Our currently available
technology, applied to the characteristics of Your Stones as of the time
they are presented to Us. We disclaim all other warranties for the
Service, including specifically warranties of merchantability or fitness
for a particular purpose.
In the event of a lost or damaged Stone, We will replace the Stone with
one of equivalent size and quality.
In the event
re-checking is necessary, ImaGem will review the disputed stone and may
re-process the stone at no charge.
This Certificate and the contents of this Certificate in part or whole
are intended for use with the sale of a particular stone. It may not be
used for advertising, promotional campaigns, endorsement, publicity or
any other purpose except as intended without prior written approval by
ImaGem. The contents of this Certificate in part or whole are
copyrighted by ImaGem. Any illegal use or reproduction without prior
written permission by ImaGem is strictly prohibited.
The above set forth the limits of Our liabilities to You. These
limits will not apply in the event of fraud, willful misconduct or gross
negligence on Our part. In any such case, We will be liable
for Your actual damages, with a limit of liability equal to the amount
actually paid by You for the Service on this Order. In no
event shall We be liable for special or consequential damages, even if
advised of the possibility of same.
You acknowledge that the ImaGem Diamond Grading Certificate issued by PGGL does not constitute an appraisal of the monetary value of a Stone.
We do not, in the course of Our customary analysis, analyze specifically for Stones that are simulants or synthetics of gems. In addition, We do not customarily analyze for the existence of artificial treatments to gems. In the event You require a specific analysis for synthetics, simulants or artificial treatment, You agree to notify Us of Your special requirements at the time Stones are submitted to Us at Our Center.
Neither We nor You shall be liable to the other for any loss or damage which may be suffered by the other due to any cause beyond the reasonable control of the other, including, without limitation, any act of God, flood, drought, lightning or fire, strike, lock-out, trade dispute or labor disturbance, acts or omissions by Government or administrations or other competent authorities, war, military operations, or acts of terrorism or riot.
The Order and Our Service to You shall be governed by and construed and interpreted in accordance with the laws of Federal, State, and local Governments.
In the event amicable resolution of a dispute between You and Us is not achieved by mutual negotiation, You and We agree that the dispute may only be submitted by You or Us exclusively to arbitration before a single arbitrator pursuant to the rules of the International Chamber of Commerce. The decision of the arbitrator shall be final and unappealable by You and by Us.
These Terms and Conditions constitute the entire understanding between You and Us in relation to the Order.
The failure by either You or Us to exercise or enforce any right conferred by these Terms and Conditions shall not be deemed to be a waiver of any such right, nor operate to bar the exercise or enforcement of such right, or any other right, on any later occasion.
If any provision of these Terms and Conditions shall be found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect any other provision and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.