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General Terms & Conditions

1. General

These General Terms and Conditions apply to all Services for, inscriptions on, receipts for, and Reports on Articles, performed or issued by JTR, unless specific terms and conditions are stipulated in a separate written agreement.

Any general terms and conditions of the Client or other contractual parties are hereby excluded. This will be the case even if (i)these have been communicated to JTR before the communication of these GeneralTerms and Conditions to the Client concerned and/or if (ii) such conditions expressly exclude the applicability of conflicting terms and conditions.

Stipulations varying from these General Terms andConditions are valid only if they have been agreed in writing and accepted by a person who is authorized to represent JTR, and if such variations have been precisely included in a specific agreement. A varying stipulation cannot in any case be deduced from the failure of JTR to respond or make an objection.

2. Definitions

Unless the context indicates otherwise, the following terms shall have the stated meaning in these General Terms and Conditions:

"Article(s)” means any diamond, gemstone material or other Article of any kind including but not limited to jewelry, colored stones and/or laboratory grown diamonds delivered by or on behalf of the Client to JTR.

"Client” means any (legal or physical) person (as the case may be, represented by a representative), whose name will appear on the Receipts issued by JTR to the Client.

“Employee” means any person employed by JTR. ”or agreed subcontractors, agents and …)

“Force Majeure” means a situation in which the performance of the Agreement by JTR is wholly or partially, temporarily or otherwise, prevented by circumstances beyond JTR’s control, even if this circumstance could already have been foreseen at the time the Agreement (as well as any other agreement between the Client and JTR) was concluded, including without limitation due to any act of God, act or decree of governmental or military bodies, quarantine, lockdown, shelter in place or similar order or decree of a governmental body, fire, casualty, flood, earthquake, war, strike, lockout, epidemic or pandemic (including without limitation the COVID-19 virus), riot, insurrection, or any other cause beyond the reasonable control of JTR.

"JTR” shall have the meaning set forth on the Signing Page.

"Inscription” means any laser inscription by JTR on an Article.

"Intellectual Property Rights” means all Intellectual Property Rights of any kind whatsoever, including without limitation, patents, trademarks, rights in designs, trade names, present and future copyrights, whether or not any of these are registered and including applications for any such right or registration thereof, trade secrets, and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these.

"Parties” means the Client and JTR collectively, and “Party” means either one of them, as the context may require.

"Receipt” means any Receipt issued by JTR to the Client in respect of an Article.

"Report” means any and all grading Reports, identification Reports, audit Reports, appraisal Reports, or any other Report or interim report issued by JTR that describes an Article as well as each verification, update, or supplement to any such Report.

"Services” means all Services performed by JTR including but not limited to grading, testing, examining, laser inscribing, photography, engraving, repair, light return and/or the issuing of Reports as well as all other related services.

3. The Receipt

3.1.  Following delivery of the Article to JTR, either in person, by carrier or by shipment, the Client will receive either a Receipt or a Receipt number. The original Receipt must be returned by the Client to JTR, or the Receipt number must be communicated by the Client to JTR, as a condition to receipt of the Article by the Client. JTR reserves the right to impose other reasonable security measures in connection with the return of theArticle to the Client. 

3.2.  By accepting the Receipt or Receipt number, the Client further acknowledges that JTR will act under the terms of this Client Agreement, including these General Terms and Conditions, all for a relatively small fee compared with the present and potential value of the Article.

3.3.  In case an original Receipt has been handed over to the Client but, for any reason, the original Receipt has been misplaced or lost by theClient, or the Receipt number has been misplaced or lost by the Client, JTR will, at its sole discretion, be entitled to choose either not to give back theArticle to the Client until such time as the Client locates the originalReceipt or Receipt number or to give back the Article to the Client under the condition that the Client signs a special form satisfactory to JTR in its sole discretion acknowledging the Client’s liability, agreeing to indemnify and hold harmlessJTR and its Employees for any losses or liabilities and releasing JTR and its Employees from any liability or responsibility, in each case which may result from JTR returning the Article to the Client without the Client having presented the original Receipt or Receipt number.

4. Transport of the Articles and loss of an Article while in JTR’s possession

4.1. All risks related to Articles delivered to JTR by the Client, this during transport to JTR (including shipment to and/or from sub-contractors), are the Client’s responsibility. The Articles must be insured to full value by the Client. In case the Client requests JTR to return the Articles by any means of transport, the Articles must also be insured to full value by the Client.

4.2. JTR shall insure an Article against loss while in JTR's possession by a standard form jewelers block insurance policy and a standard form fidelity insurance policy, up to a maximum of ten (10) times the fee JTR is entitled to receive for the related Service.

The Client agrees that the liability of JTR and its Employees for any loss of an Article while in JTR’s possession will be limited to the highest of the following amounts: (i) the amount effectively paid by JTR’s insurance for the loss of the Article concerned or (ii) ten (10) times the fee JTR is entitled to receive for the related Service.

5. Return of Articles

5.1.  The Client agrees that JTR may return all Articles shipped / delivered to JTR by the Client, by using the same carrier that was used by the Client.

5.2.  The Client authorizes JTR to deliver any Article to any person appointed by the Client (verbally or in writing) submitting the originalReceipt as the duly authorized representative and/or agent of the Client.

5.3.  Delivery terms agreed upon between the Parties are non-binding.However, JTR will inform the Clientin case the agreed delivery date cannot be met.

5.4.  JTR may, in its discretion, refuse to performServices for certainArticles. In such case, JTR will return the Article to the Client, unless this would be prohibited by applicable law.

6. Photographs of Articles

The Client acknowledges that JTR is entitled to make or use photographs of the Articles.JTR shall be the sole and exclusive owner of all intellectual Property Rights in the photographs that it takes of the Articles.

7. JTR Reports

The Reports delivered under this Client Agreement are delivered in a digital or physical form. The Reports must be used and interpreted in their entirety and are protected by Intellectual Property Rights whereby the use of the Reports by theClient is subject to the provisions of Section 11 of the General Terms and Conditions.

8. Prices and conditions

8.1.  All of JTR’s prices exclude any local applicable taxes and other indirect taxes, unless expressly stated otherwise. JTR’s pricing information is available upon request. JTR’s prices are freely determined by JTR and do not depend on derived values of the Article.

8.2.  JTR will render an invoice to the Client in the country where the Client delivered the Article to JTR. JTR’s prices are recorded in the local currency or the currency agreed by both Parties in which case they will be converted into that currency using the exchange rate at the time of issuance of the invoice. Invoices must be paid in the currency indicated on the invoice. The Client bears any currency exchange risk.

8.3.  Any quotation or estimation of the price for a Service is only an estimate and is based on the exchange rate in effect at the time of the quotation. The price payable by the Client for the Services will be the actual price determined after completion of the Services by JTR and once the applicable exchange rate has been applied at the time of issuing the invoice.