Terms And Conditions
These Terms & Conditions shall govern the relationship between Gemius LTD, a company registered in Thailand doing business under the commercial trade name ‘International Color Gemstone Laboratory’ hereinafter referred to as (“ICL”) and
the client as per signature on Service Order Forms (“Client” or “You”).
These Terms & Conditions apply to all Gemstone(s) analysed by ICL. Clients are obliged to submit a Service Order Form together with any Gemstone(s) sent to ICL and agree to these terms and conditions prior to using any of ICL’s products or services.
2) Prices and payment:
ICL reserves the right to adjust its prices from time to time at its sole discretion, and with immediate effect. Prices are stipulated in Thai Baht (THB), without withholding tax and VAT. Invoices are payable before or at the return of gemstones to the Client. In case of unpaid bills, ICL will charge interest at a rate of 15% per annum compounded daily, and reserves the right to reclaim debt collection, legal, and other related fees.
The Report produced by ICL represents all measurements taken with state of the art equipment as interpreted by ICL’s lab staff. Regarding the country of origin, where given, it is strictly an opinion of the examining gemologist. The examining gemologist will formulate this opinion based on comparison and interpretation of data provided by ICL’s scientific instruments. ICL cannot give a warranty on the origin of any gemstone. Further the Reports are in no way intended as a guarantee or valuation of any kind. Under its responsibility, ICL Gemlab may use auxiliaries or subcontractors in the course of contract performance. Photos are not in scale and printed photos on the report might differ from the original gemstone. Printed original reports may be validated by the client on the ICL website. You are responsible for providing ICL with complete information on the Gemstone(s) submitted for testing.
4) Estimated Completion Dates & Inability to Perform Services:
Any quote by ICL as to a particular completion date or delivery date is a non-binding estimate only which shall create no liability to ICL whatsoever. Further, ICL may at its discretion restrict or refuse to offer any of its Products or Services to Clients at any time without prior notice. ICL may also at its sole discretion cancel a service that was already ordered. In either of the above cases you will not be obligated to pay for the unperformed Services.
ICL shall maintain (or cause to be maintained on its behalf) a standard form jewelers block insurance policy (or substantially similar insurance that is available in the jurisdiction where ICL operates) to insure your articles against loss or damage while in ICL’s possession. You agree that the liability of ICL and its employees and agents for any loss of, mis-delivery of, or damage to an article, even if caused by or resulting from the negligence or other fault of ICL or any of its employees or agents, shall be limited to the amount paid to ICL by its insurance carrier and subsequently paid by ICL to you. ICL and its employees and agents shall not be personally liable for any such loss of, mis-delivery of, or damage to any Article, even if this limited remedy fails in its essential purpose.
6) Limitation of liability for items submitted and related issues
Neither party will be liable to the other party or any other party for any loss of use, interruption of business or any indirect, special, incidental or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), strict product liability or otherwise, even if either party has been advised of the possibility of such damages. The foregoing limitation of liability is independent of any exclusive remedies for breach of warranty set forth in this Agreement. In no event shall the total, cumulative liability of ICL exceed the price of the services provided by ICL under this agreement to ICL’s client for which liability arises. Under no circumstances shall ICL be liable for any of Client’s articles prior to physical receipt of the articles.
7) Limitation of liability for errors in report and infringement
ICL and its employees and agent’s shall not be liable for:
- Any third party claim, suit, action or demand alleging that an article infringes a third party’s patent(s), copyright(s), trademark(s), or other intellectual property rights: OR
- Any error in or omission from or in a report or other service, the availability, ability to access or use of a report, and/or an inscription, including without limitation any error in or omission from or in any service results or a report caused by ICL, its employees or agents, or others.
8) Intellectual Property
Intellectual property including trade secrets, photographic, gemological, geological or chemical data, reports, and any materials created by ICL that is related to gemological testing and analysis including photographs, files, and datasets remain the sole property of ICL and may be freely used for scientific research and publication and promotional purposes by ICL.
9) Personal Data
With the execution of this Agreement, Client consents that ICL may store, transfer, change and delete all personal data in connection with this relationship. ICL will keep all personal data of the Client strictly confidential and respect all Clients’ rights under the Thai PDPA law with regards to the management of personal data.
The Terms and Conditions shall be governed by the laws of the Kingdom of Thailand. In the event that there is a dispute, controversy or claim arising out of or relating to this contract, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, it is hereby agreed that the dispute shall be referred to an Arbitral Tribunal made in Bangkok, Thailand OR other places mutually agreed by both parties. The number of arbitrators shall be one. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Any part, provision, representation or warranty of this Agreement which is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any part, provision, representation or warranty of this Agreement which is prohibited or unenforceable or is held to be void or unenforceable in any jurisdiction shall be ineffective, as to such jurisdiction, to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. To the extent permitted by applicable law, the parties hereto waive any provision of law which prohibits or renders void or unenforceable any provision hereof. If the invalidity of any part, provision, representation or warranty of this Agreement shall deprive any party of the economic benefit intended to be conferred by this Agreement, the parties shall negotiate, in good-faith, to develop a structure the economic effect of which is as close as possible to the economic effect of this Agreement without regard to such invalidity.