International Gemological Institute, Inc.
|New York Headquarters
551 Fifth Avenue, New York, NY 10176
Tel: 212-753-7100 Fax: 212-753-7759
|This Agreement has been entered into by the undersigned Client ("Client") to induce International Gemmological Institute, Inc. (I.G.I.) to perform Services on Articles to be delivered by the Client to I.G.I. THIS AGREEMENT APPLIES TO ALL ARTICLES DELIVERED ON THIS DATE AND AT ANY TIME HEREAFTER BY THE CLIENT TO I.G.I. AND TO ALL INSCRIPTIONS ON, RECEIPTS FOR, AND REPORTS ON, SUCH ARTICLES THAT MAY BE PERFORMED OR ISSUED BY I.G.I. For purposes of this Agreement, the term "Article" means any diamond gem material or other article of any kind delivered on this date and at any time hereafter by the Client to I.G.I., the term "Inscription" means any laser inscription by I.G.I. on an Article, the term "Receipt" means any receipt issued by I.G.I. for an Article, and the term "Report" means each of the Grading Report, the identification Report, or any other Report issued by
I.G.I. that describes an Article and each verification, update, or supplement to such Report, and the term "Services" means services performed by I.G.I. including grading, testing, examining, laser inscribing, and/or issuing Reports.
The Client acknowledges that by accepting delivery of an Article, and by performing Services on that Article, all for a relatively small fee compared with the present and potential value of that Article, I.G.I. is and will be acting in reliance on and in consideration of the following terms and conditions:
(1) I.G.I. shall maintain a standard form jewelers block insurance policy and a standard form Fidelity insurance policy to insure an article against loss or damage and the Client agrees (i) that the liability of I.G.I. and its Employees and Agents for any loss of, misdelivery of, or damage to that article, even if caused by or resulting from the negligence or other fault (except fraud, willful misconduct or gross negligence) of I.G.I. or any of its Employees or Agents, shall be limited to the amount paid, if any, in respect thereof under such policies
and (ii) that in any event, I.G.I. and its Employees and Agents shall not be personally liable for any such loss of, misdelivery of, or damage to that article, even if this limited remedy fails in its essential purpose.
(2) I.G.I. and its Employees and Agents shall not be liable for, and client agrees to indemnify and hold harmless I.G.I. and its Employees and Agents against any loss, damage, or expense resulting from any error in or omission from any report or from the issuance of or use of any report or any inscription, even if the loss, damage or expense was caused by or resulted from the negligence or other fault (except fraud, willful misconduct or gross negligence) of I.G.I. or any of its Employees or Agents.
(3) The client hereby releases and discharges I.G.I. and its Employees and Agents from any and all claims and demands whatsoever, including claims and demands for the negligence or other fault (except fraud, willful misconduct or gross negligence) of I.G.I. or any of its Employees or Agents for (i) any error in or omission from a report, the issuance or use of a report, and/or an inscription. (ii) Any error in or omission from a report caused by the acts of others.
(4) The client agrees that in any event, I.G.I. and its Employees and Agents shall not be liable for special or consequential damages with respect to any of the foregoing matters, even if advised of the possibility of such damages.
(5) The client also agrees (i) to assume responsibility for all amounts charged to the Client's account, (ii) to pay to I.G.I. when due the balance of the Client's account and (iii) to pay late fees of 1.5% per month on all amounts not paid when due.
(6) The client acknowledges that (i) a Report is not a guarantee, (ii) I.G.I. makes no representation or warranty whatsoever regarding a Report, an Inscription, or an Article, (iii) a Report contains only a description of the results of the Services performed by I.G.I. on an Article using the techniques and equipment available to I.G.I. at the time such Services were performed, (iv) the results of the Services performed by I.G.I. on an Article may differ from the results of similar services performed on the same Article by others depending upon when, how and by whom such services were performed, and may differ in the future as a result of changes and improvements in techniques and equipment, (v) an inscription does not guarantee identification of an Article because, among other reasons, an inscription may be removed by polishing, and (vi) the trademark, service mark, logo, words, characters or other symbols of an inscription, other that an I.G.I. Report number, or a I.G.I. trademark, service mark or logo, are solely determined by and attributable to the Client and are neither attributable to or an indication of any determination by I.G.I.
(7) The client agrees not to misuse, in the judgment of I.G.I. the trade name, trademark or service mark of I.G.I. or any of I.G.I.'s divisions. Although I.G.I. is not hereby authorizing any use of its trade name, trademark or service mark. I.G.I. shall not consider misuse to include "fair use" in advertising, e.g., stating that Client sells gems accompanied by I.G.I. reports which describe the Articles' characteristics, so long as such advertising is neither deceptive nor misleading. Misuse includes advertising, publicity or promotion which implies in any way, that Client, its products or its services are sponsored or approved by I.G.I., or which expresses or implies that an I.G.I. Report is anything other than a description of certain characteristics of a specific Article.
(8) The client hereby authorizes I.G.I. to deliver an Article to any person presenting the Receipt for that Article, unless written notice to the contrary shall have been received by I.G.I. prior to delivery.
(9) The client agrees that l.G.I. may return all Articles delivered to I.G.I. using the same carrier and insured for the same value declared by Client in shipping said Articles to I.G.I., if such insurance is available through said carrier. Client agrees that l.G.I. will only insure registered mail parcels to a maximum of $25,000. Client further agrees to pay all costs of shipment and insurance to and from I.G.I. and that l.G.I. shall not be responsible or liable for losses of any Article if shipped in accordance with this paragraph or with the Client's express written instructions.
(10) Should I.G.I. retain attorneys to recover any amounts due under this Agreement, whether or not suit is fixed, or to represent l.G.I. in connection with any legal proceeding involving a Report or inscription, in which I.G.I. is not a party and the client is a party, Client agrees to pay I.G.I. in addition to any other amounts due, its attorneys' fees, costs and other expenses thus incurred.
(11) Any and or all information regarding the jewelry and or gemstone(s) submitted by eBay users may be disclosed to eBay.
The Client has read this Agreement and agrees that this Agreement shall be governed by the laws of the state in which I.G.I. accepts delivery of an Article, or if I.G.I. accepts delivery of an Article outside the United States, by the laws of the State of New York, and shall supersede all previous inconsistent agreements and understandings between the Client and I.G.I. regarding the matters described above. The undersigned is the Client or has been duly authorized to bind the Client by this Agreement.
(12) At time of confirmation of fees for I.G.I. services the user has the right to refuse the intended service and be invoiced for the estimate of services.
Client name (print) _______________________________________________________ Date ______________________________
Authorized signature ________________________________________________ Client's declared Value _____________________
(Declared Value not binding on I.G.I.)
(Article description not binding on I.G.I.)
SUBMISSION RECEIPT (Not Negotiable)
FOR OFFICE USE ONLY
City ___________________________ State ___ Zip Code ______
Telephone __________________ Email ____________________
Purpose For Authentication and Grading