TERMS AND CONDITIONS


DEFINITION


For the purpose of these Terms and Conditions, the following terms shall have the following meanings.

THE SERVICE


HKIGL conditionally agrees to provide its Service to the Client subject to these General Terms and Conditions and subject to an order form or other document constituting specific mutual agreement identifying the exact scope of service, the Item(s) to be inspected, names and addresses, fees & payment, timelines, formalities of receipt and delivery, and any other special conditions and details relating to the agreed service.


Any service to be provided by HKIGL or a COA to be issued thereby shall be made upon the request of the Client and for the exclusive use of the Client. The Client acknowledges and agrees that the opinions indicated in a COA may differ from the matters as indicated in another COA issued before or after such COA, due to the technology and tools used for the Inspection or subjective elements at the time of the relevant Inspection. The Client further acknowledges that gemstone testing, inspection, identification and grading is not an exact science. The COA represents only the best professional opinion of HKIGL, and accordingly HKIGL shall not be responsible for any possible dissimilarities and/or differences that could appear from repeated observations and/or use of other standards, norms, methods, or criteria other than those chosen by HKIGL.


In certain cases, because of the lack of evidence / characteristic features in the Item or lack of some specific equipment, the Item may be returned without performing the Service.


ACKNOWLEDGEMENT ON CONDITION OF ITEM


In principle, for the purposes of Inspection, an Item shall be inspected and measured in the state of loose stone. The Item that is studded / set in a jewellery piece may still be accepted for Inspection at the sole discretion of HKIGL. The issuance of COA will however be subject to the identification of stones / samples in the jewellery. In such cases, only total weight of the jewellery item, diamond weight/color/clarity and accessible gemstone weight will be given on the COA. Client acknowledges and agrees that the inspection may be omitted or measurement may be impossible for a certain part of the inspected items, or that the inspection may not be accurate.

 

CERTIFICATE OF AUTHENTICITY


The results of Inspection, Identification and/or Grading shall be recorded in form of a written COA which expresses the independent opinion of HKIGL made over the examined Item at the time of Inspection. HKIGL COA is intended to certify the characteristics of the Item. These references are merely descriptive and refer in no way whatsoever to the location of origin of Item.
The COA will not represent an appraisal, valuation or guarantee. The COA shall not be used or presented as a certificate for assessing value. HKIGL assumes no responsibility for any representations (or misrepresentations) made by the Client or anyone else about the inspected Item.

HKIGL does not give any warranty whatsoever, including without limitation, as to the availability, accuracy, completeness, correctness, or reliability of the COA, and expressly disclaims, to the maximum extent permitted by law, any and all responsibility or liability for any direct or indirect damage or loss resulting from the Client’s use of, or reliance on, the COA or the contents thereof. Under no circumstances can HKIGL or any affiliated companies be held responsible and/or liable for any infringement of intellectual property or other rights made by the descriptive references of the COA.

The Client acknowledges and agrees that, in view of the progress of the technology for manufacturing synthetic, artificial or imitation stones and the treatment of gemstones, it is not always possible to determine whether a Client Item is synthetic, artificial or an imitation or has undergone any treatment, and that HKIGL shall not guarantee that such determination is possible.

Complaints, remarks or claims in any way related to HKIGL COA will be accepted and dealt with at the sole discretion of HKIGL management.


DISCLAIMER


Limitation of the liability and responsibility of HKIGL as set out below is essential and shall apply to the Client, and any other person to whom a COA is presented for any reason whatsoever.
Notwithstanding anything to the contrary in these Terms and Conditions, to the extent permitted by law, the aggregate liability of HKIGL arising in connection with these Terms and Conditions for damages, regardless of the form of the action, shall not exceed the fees paid by a Client to HKIGL for the relevant Inspection, and this shall be the Client’s exclusive remedy.
If Client fails to disclose all facts that are known by the Client concerning the Item for which the Client requested Inspection (including, without limitation, treatment of the client item), HKIGL shall not be liable for any loss, damage, cost or expense, etc. incurred in connection with or as a result of Inspection.