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ICA | Gemlab

General Terms and Conditions

 

  1. The General Terms and Conditions are applied to all customers and each individually customer (Customer) of ICA GemLab Ltd by providing testing and related services on gemstone(s) (Services).

 

  1. All gemstone(s) may be delivered to ICA Gemlab in Bangkok, Thailand for performing Services at Customer’s risk via registered mail, international courier or any other means at the choices of Customer. Customer is also solely responsible for and shall arrange the completion of formalities with regard to the importation and exportation of gemstone(s) into and out of Thailand and pay for official fees and duties applied to such importation and exportation. ICA Gemlab shall not accept gemstone(s) for which the importation and exportation formalities and payment have not yet been completed. Any and all gemstone(s) delivered to ICA Gemlab shall be insured by Customer to their full value and Customer shall also be responsible for all risk, loss and damage which may occur to the gemstone(s) during the time of delivery to ICA Gemlab, during the time of Services by ICA Gemlab and until the gemstone(s) has been returned to Customer’s possession at their place.

 

  1. Gemstone(s) as details specified in this STONES RECEVING FORM and delivered to ICA Gemlab on the date aforementioned in this STONES RECEIVING FORM for performing Services is under Customer’s ownership or under Customer’s possession with permission of the gemstone’s owner. Customer also hereby confirms that the gemstone(s) are not in any aspect involved with any offence (e.g. receiving of stolen property).

 

  1. ICA Gemlab does not guarantee the performance of the Services by specific date. It is estimated that the Services may be completed within 1 month from the date specified in this STONES RECEIVING FORM. If the Services can be completed before such estimated 1 month, ICA Gemlab will inform Customer.

 

  1. ICA Gemlab shall conduct Services and deliver a Report reflecting Services in relation to the gemstone(s) according to details of gemstone(s) specified in this STONES RECEIVING FORM. Details of ICA Gemlab’s. Scope of Services shall be specified in the reverse page of the Report forming and considering as an integral part of this STONES RECEIVING FORM.

 

  1. ICA Gemlab shall not be liable under any circumstances to Customer or any other person if, (i) the Services or work products prepared in connection with the Services are not used for the intended purpose, (ii) any Report prepared by ICA Gemlab is later altered without ICA Gemlab’s consent and approval, and/or (iii) all information known by Customer in relation to the gemstone(s) submitted to ICA Gemlab has not been disclosed to ICA Gemlab. ICA Gemlab shall further not be liable for any consequence resulting from incompletion or erroneous data of the Report such as error in dimension and/or weight measurement, typing error and/or error in the determination of the authenticity, country of origin and/or declaration of treatments.

 

Except as provided in this STONES RECEIVING FORM, ICA Gemlab makes no other warranties, either expressly or implied, in relation to the Services provided by ICA Gemlab for any and all warranties, including but not limited to, merchantability or fitness for a particular purpose which are completely excluded and declined.

 

Customer may not hold or claim ICA Gemlab, its affiliate(s), shareholders, directors, representatives and/or employees liable for any, (i) loss, including but not limited to, robbery or theft, or (ii) damage, including but not limited to, color and clarity alteration or other alteration of the gemstone(s) material unless such loss or damage occurs from willful misconduct or gross negligence of ICA Gemlab. The liability of ICA Gemlab shall be limited only to the direct loss/damage due to willful misconduct or gross negligence incurred by the Services of ICA Gemlab. In no event shall

ICA Gemlab be liable to any person under any indirect, special, exemplary, punitive, liquidated, incidental or consequential loss/damage including loss of profits or goodwill or additional expresses incurred whether pursuant to a claim in contract, tort or otherwise and whether in an action for breach of warranties or otherwise.

Customer agrees to indemnify and hold ICA Gemlab harmless in case that other persons, whom the Customer may distribute, show, present or transfer this Report, claim or conduct any action against

ICA Gemlab in relation to this Report.

 

Any misuse or abusive use of this Report is not permitted and ICA Gemlab shall not be liable for said misuse and abusive use.

 

  1. Testing of certain gemstone(s) requires quasi non-destructive analytical methods using machines such as the Laser Ablation-Inductively Coupled Plasma-Mass Spectrometry (LA-ICP-MS). This method evaporates minute amounts from the girdle (whenever possible) by means of a laser beam. The LA-ICP-MS analysis will create a small pit in the gemstone(s). This pit is hardly visible, and the loss of weight is extremely small and can thus not be detected by any gemological weight balance.

The LA-ICP-MS analysis does not affect the quality or visual appearance of the gemstone(s).

 

  1. The payment of service fee for the Services performed shall be transferred to the bank account as details provided in this STONE RECEIVING FORM on the date of receiving the Report together with returning the gemstone(s) in case of Customer residing or locating in Thailand and within 7 days from the date that ICA Gemlab informs in regard to the completion of the Report for the overseas Customers. Please note that the gemstone(s) shall be returned to the Customer only once ICA Gemlab completely receives the service fee for the Services performed. ICA Gemlab will become owner of the gemstone(s) if the gemstone(s) has not been collected or the service fee has not been paid by Customer for a period of 6 months from the date specified in this STONE RECEIVING FORM.

 

For payment in USD currency

Bank: Bangkok Bank Public Co., Ltd.

Branch: Head Office

Account No.: 840-101-0029-436227-501

Swift Code: BKKBTHBK

 

Please use the details above when transferring United States Dollars (USD) to ICA Gemlab.

 

  1. It is the sole discretion of ICA Gemlab to revise the General Terms and Conditions and Scope of Services from time to time. ICA Gemlab shall provide Customer with written notice of any such change, revision, amendment or modification; provided that such change, revision, amendment or modification shall become effective without any further action by any party and that shall not apply to any order submitted prior to the effective date of such change, revision, amendment or modification.

 

  1. The General Terms and Conditions shall be considered as a complete and exclusive agreement between ICA Gemlab and Customer and shall supersede any other verbal, written communications, understandings, acknowledgements or representations or agreements occurred before the date of this STONE RECEIVING FORM.

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