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General Terms and Limitations
GENERAL TERMS AND LIMITATIONS
The following are the General Terms and Limitations for the provision of identification and reporting services by the Gemological Association of All Japan Co., Ltd. Please read them carefully before clicking on the “agree” button below, and please note the limitations concerning any damage that may occur to the tested item(s).
1. These general terms and limitations for Gem Identification Report regulate matters pertaining to the identification of gems, diamond grading and the preparation of a Gem Identification Report, by the Gemmological Association of All Japan Co., Ltd. (hereinafter referred to as the “GAAJ-ZENHOKYO” Laboratory). These General Terms and Limitations shall be binding upon both GAAJ-ZENHOKYO and the Client applying for gem identification.
2. Identification or Diamond grading of a gem by GAAJ-ZENHOKYO shall mean inspection of the features of the respective item on behalf of the Client and at the Client's request, by employing GAAJ-ZENHOKYO's know-how at the time of the inspection, based upon academic theories, technologies, technique and equipment and other information available at the time of the inspection.
Please be advised that any disparity between the opinions rendered in this report and those of previous or subsequent reports on the item described herein, could be attributable to grading techniques and/or equipment used at the time of the grading, or to human factors. Gem Identification Report shall mean GAAJ-ZENHOKYO’s opinion based on the inspection referred to in the Report. The Report shall outline the features of the item at the time of the inspection. The laboratory will not compensate for any loss incurred due to discrepancy between the identification results and the absolute facts at the time of the inspection.
3. The Client hereby declares that the item which is submitted for inspection is lawfully held in the Client's possession.
4. The contents of the GAAJ-ZENHOKYO Gem Identification Report shall include the following parameters: The mineral type of the item; whether the item is natural, artificial or an imitation; and any other data which GAAJ-ZENHOKYO shall deem necessary. As a general rule, GAAJ-ZENHOKYO shall also attach a photograph of the item, taken at the time of the inspection. GAAJZENHOKYO shall issue a separate Gem Identification Report for each inspected item.
5. The Client is aware that given the advanced technology involved in the making of synthetic and artificial diamonds, and in the treatment of diamonds, it is not always possible to determine whether the item is artificial or synthetic or has been treated, and GAAJ-ZENHOKYO does not warrant that it will be able to make such determination, and, therefore, the Client is aware that GAAJ-ZENHOKYO shall not be liable with respect to wrong diagnosis regarding the above.
6. Upon acceptance by GAAJ-ZENHOKYO of a Client's request for a gem identification, both parties shall sign an Agreement for the provision of the services ordered. This Agreement shall commence upon the Client affixing its legally registered address and the name of the individual or the corporation on the form prepared by GAAJ-ZENHOKYO and submitting it together with the item to GAAJ-ZENHOKYO, and upon its acceptance by GAAJ-ZENHOKYO. The Agreement shall terminate upon the issuance by GAAJ-ZENHOKYO of the Gem Identification Report and delivery of the item back to the Client.
7. In the event that the Client delivers the item by mail, the Agreement shall commence when GAAJ-ZENHOKYO confirms receipt of the item and acknowledges that the item is not damaged. The Agreement shall terminate upon acceptance of the item together with the Gem Identification Report for mailing by the post office upon its delivery by GAAJ-ZENHOKYO, as evidenced by the postal stamp on the receipt.
8. Inspected items shall be loose, i.e., gems that have not been set into a piece of jewellery. The Client confirms that in the exceptional event that the item submitted for inspection by the Client to GAAJ-ZENHOKYO is not loose but set into a piece of jewellery, this may result in an inaccurate report and GAAJ-ZENHOKYO shall not be liable for the consequences of the weight, type of metal, quality etc. recorded by it in accordance with the descriptions engraved on the item.
9. The Client shall pay GAAJ-ZENHOKYO based on an invoice issued according to the Agreement, for the entire services provided. In the event that the identification and diamond grading process requires special technical analysis, GAAJ-ZENHOKYO may charge an extra fee subject to receiving the Client's prior consent. GAAJ-ZENHOKYO may choose to withhold the item in the event that the Client fails to pay the fee for the issuance of the Gem Identification Report, until the payment is duly settled.
10. The Report is not a guarantee of value and does not represent an appraisal or valuation.
11. GAAJ-ZENHOKYO is able to provide this Report for a relatively small fee (as compared to the present and potential value of the item described herein) only because this Report is subject to the following limitations on GAAJ-ZENHOKYO's liability, all of which extend to the client for whom this Report was prepared, and to any other person to whom this Report is shown for any reason whatsoever, namely:
(1) GAAJ-ZENHOKYO, its agents or employees shall not be deemed liable for any loss, damage, expense etc., occurring as a result of any error of omission or commission in this Report,
including loss, damage, expense, etc., resulting from human error or negligence, faulty equipment, delays or any other circumstances relating to the issuance or use of this Report;
(2) GAAJ-ZENHOKYO, its agents or employees shall not be deemed liable for any special or consequential loss, damage, expense, etc., occurring as a result of human error, faulty equipment or any other reason, which may effect the value of the item described herein (except for fraud, willful misconduct, or gross negligence on the part of GAAJ-ZENHOKYO, its agents or employees) even if previously advised of the possibility of such an occurrence.
12. Neither this Report nor the name nor trademark of GAAJ-ZENHOKYO may be used in whole or in part for purposes of advertising, publicity or promotion, unless a prior written consent of GAAJ-ZENHOKYO was given to the Client, and this Report may not be referred to as an appraisal.
13. GAAJ-ZENHOKYO may publish the academic information obtained through the identification and diamond grading process of the items, as well as photographs of the items, and more, in academic journals and magazines. In such case, GAAJ-ZENHOKYO shall not publish the name (corporation name) and the title of the Client without the Client's consent.
14. Gem Identification Reports shall be invalid and void in the following cases:
(1) The shape of the item is modified or changed after its identification and diamond grading.
(2) Falsification or alteration or amendment or any addition was found in the Gem Identification Reports.
(3) The quality of the item has changed after identification and diamond grading.
15. All items sent to GAAJ-ZENHOKYO for identification and diamond grading should be insured by the Client for all risks according to their full value, from the time of delivery to GAAJZENHOKYO until delivery from GAAJ-ZENHOKYO to the Client. Insurance must also cover the period during which the items are in the laboratory for inspection and identification and diamond grading.
16. The Client undertakes to co-operate with GAAJ-ZENHOKYO and with the insurance company in case of damage that is covered by the above insurance.
17. In case that GAAJ-ZENHOKYO or any of its employees or anyone acting on its behalf are sued by the Client or any third party, including the insurance company, not withstanding the above, the Client shall compensate and indemnify GAAJ-ZENHOKYO for any payment, expense or amount that GAAJ-ZENHOKYO would pay or incur.
18. All GAAJ-ZENHOKYO reports, copyrights, trade name and service marks used, shall remain the sole and exclusive property of GAAJ-ZENHOKYO and may not be reproduced without the latter's authorisation.
19. This Report is given to the Client for his own use. GAAJ-ZENHOKYO cannot be deemed liable for any action taken on the basis of this Report.
20. The District Court of Tokyo Japan, shall have exclusive jurisdiction over any and all disputes arising between GAAJ-ZENHOKYO and the Client regarding the Report.
21. In the event of any occurrences which are not regulated by these TERMS and LIMITATIONS, such occurrences shall be resolved according to Japan's Civil, Commercial and other laws.
22. These "TERMS and LIMITATIONS” shall be in effect from August 2008.