General Terms and Conditions SIG Lucerne AG and SIG Intl HK Limited
Scope
These General Terms and Conditions (“T&C”) are applicable to all contractual relationships between:
- SIG Lucerne AG, a limited liability company incorporated under the laws of Switzerland, including its owners, officers, employees and agents (“SIG Lucerne”); or
- SIG Intl HK Limited, a limited liability company incorporated under the laws of Hong Kong including its owners, officers, employees and agents (“SIG HK”), (SIG Lucerne and SIG HK being, collectively, “SIG”); and
- the Client as per the SIG Client Registration (https://www.sig-labs.com/register) and/or Submission Receipt (the “Client”).
The acceptance by the Client to the T&C constitutes a contractual agreement between the Client and SIG and supersedes all prior oral and written agreements and understandings with respect thereto. The Client expressly acknowledges that only SIG is responsible to the Client under the contractual agreement and no other entity or individual assumes any duties or obligations in any matter whatsoever.
Scope of services and report
The Client shall provide SIG with known full information on the loose gemstones, mounted gemstones, pearls and/or jewelry (collectively “Gemstone(s)”) submitted for testing, including but not limited to any material, treatment, origin, value description(s) and any pre-existing weaknesses (i.e. fissures). SIG reserves the right to refuse any submission or terminate Services at any point in time at its sole discretion.
SIG Services refer to all examination procedures performed on the Gemstone(s) provided to SIG to produce and deliver (1) Gemmological Reports and (2) SIGnature Awards Reports for the said Gemstone(s), altogether referred to as gemmological documents (“Documents”). SIG shall deliver to the Customer a physical and/or digital Document (by electronic transmission), interim results sheets, or verbal opinion, reflecting the results of SIG’s examination of the Gemstones provided to SIG. Only the physical Document featuring valid signatures, unique QR code and hologram label affixed on the surface of the report shall be considered by Client as valid Document(s) that represent the results obtained by SIG during its examination. Any verbal opinion or preliminary communication from interim results sheets is informal, incomplete, non-binding and may differ from the final Document. Electronic signatures are intended to authenticate the Documents and shall have the same force and effect as handwritten signatures. Photographs, scans and videos of Gemstones serve solely as a representation of the examined Gemstones and may differ in appearance and size from the original Gemstones.
The results contained in the Document shall be limited to a selection of identified characteristics, which were ascertained during the examination of the Gemstones in accordance with the scientific standards current at the time of the examination, and/or the testing standard defined for the particular Service. Re-examinations must be submitted within three months of the report date indicated in the Document. It is possible that a later re-examination of the Gemstones may lead to different results, should the applicable scientific standards for the examination change subsequent to the examination of the Gemstones by SIG, or due to a diverging scope and depth of analyses and/or data evaluation procedures applied for the different Services. In such cases, any previous Document(s) is/are considered as outdated and not valid any longer. SIG shall have no obligation to update any prior Document and shall not be liable for any such changes. If a new report is issued by SIG for (a) previously tested Gemstone(s), the old reports must be returned (before a new one is issued).
The validity of a Document can be checked through the online verification tool on our website (https://www.sig-labs.com/verify).
Method of Analysis and restrictions
SIG will carry out the analysis according to the scientific standards and methods current at the time of order. The analyses that SIG applies may include non-destructive, colour stability testing and quasi nondestructive analytical methods, unless explicitly excluded by the Client. The Client accepts that colour stability testing may result in irreversible colour change for previously irradiated stones. Information concerning the identification, geographic origin, colour and treatment of the Gemstone(s) are non-binding opinions based mainly on comparisons of gemmological characteristics (at the time of testing) with the characteristics of reference stones, the continuing proprietary scientific research of SIG, expert opinion of SIG gemmologists and published gemmological findings. All Documents constitute professional opinions only and do not constitute statements of fact, guarantees, or certifications. SIG’s opinion concerning identification, geographical origin, colour and treatment of a Gemstone is not an expression of an opinion concerning the quality or value.
The analysis may not, in all instances, provide the necessary basis for an origin or treatment determination. In such cases, SIG will not comment as to the origin or will indicate that the treatment is not determinable in the Document. In accordance with internationally accepted standards, SIG may not mention all types of treatments that may have been applied to or used with respect to the Gemstone(s) under examination. The fact that a particular method or treatment is not specifically mentioned in a Report does not mean that such treatments or methods were not used with respect to the particular Gemstone(s). Any remarks concerning the presence or absence of any treatment type or method are solely the expression of the findings made by SIG. SIG does not guarantee that all treatments, enhancements or characteristics will be detected.
Prices and Payment terms
The fees for SIG’s services are defined in the price list in effect at the time of order submission. The price list shall be provided to Clients upon request. All fees are payable prior to the release of Interim Results, verbal results and/or the valid Document, or within 30 days of the invoice date, whichever is sooner. Any amount unpaid at due date bears interests at a rate of 6% p.a. Further, the Client owes CHF 30 per correspondence caused by its default, as well as the costs incurred through the intervention of a collection agent, without prejudice of costs or damages exceeding this amount. SIG reserves the right to require full or partial prepayment prior to commencement of Services. In such an event delivery times are deemed to be extended accordingly. In the event that SIGnificant Client member rates are granted to a specific Client, such rates shall remain confidential, are non-transferrable and are to be paid upfront prior to commencement of Services.
Delivery
Delivery terms agreed upon are deemed to be non-binding, and will be completed by SIG within a reasonable timeframe, subject to the Client’s timely cooperation and the accuracy and completeness of relevant information provided to SIG. Any timelines provided are estimates only and shall not be legally binding. SIG shall not be liable for any delay, regardless of cause.
SIG shall not be liable for any delay, loss, or failure in shipment or delivery, including by third-party carriers. The Client must notify SIG of any alleged defect within 48 hours of receipt, failing which the Services shall be deemed accepted.
Risk & Insurance
All gemstones, jewelry, and other items (“Gemstone(s)”) may be delivered to SIG via security courier service or registered mail or other means of transport at the election of the Client. The Client confirms that all Gemstones submitted to SIG shall be insured by the Client to their full value and that such insurance covers the delivery to SIG, the time period during which the Gemstone(s) are at the laboratory, as well as other SIG facilities, including Off-Premise-Testing (“OFT”) or trade shows, transfers between different SIG facilities, and the return of such Gemstone(s) by SIG to the Client. The client is obliged to state the full value of the Gemstone(s) on the Submission Receipt. Any undeclared excess value must be insured by the Client.
The Client shall be responsible for completing all formalities and payment of all transport fees, customs and insurance as well as costs and administrative inconvenience induced by foreign legislation in case of a contract performance abroad. The Client shall reimburse any such costs if incurred by SIG and may be required by SIG to pay such costs in advance. SIG shall not accept any Gemstones for which import, export and customs formalities have not been completed.
The Client irrevocably waives and releases SIG and its third party providers from any and all claims for loss, damage, or diminution in value of Gemstones (e.g. damages linked to pre-existing weaknesses in a stone) whether arising in contract, tort, negligence or otherwise. SIG shall be entitled to refuse performance of its Services unless and until it has received an acknowledgement of and agreement to these Terms & Conditions.
Intellectual property
All data, including but not limited to gemmological, geological or chemical data as well as photography, video and other visual media which is gathered during the analysis of any Gemstone(s) remains the sole property of SIG and may be freely used for scientific or commercial research purposes by SIG.
All of SIG’s patents, trade secrets, copyrights, trade names, trademarks, proprietary materials, methods, processes, know-how or other intellectual property (collectively “SIG IP”) used in connection with the Services shall remain the sole and exclusive property of SIG. The Client shall have no rights to SIG IP except a limited, non-transferable right to use the Document in its complete and unaltered form.
The Client agrees that SIG may publish analytical data, photos, videos or other visual media of the Gemstone for which SIG has prepared a Document, including but not limited to its marketing materials, presentations, publications, on its website and social media platforms.
Warranty
SIG shall not be liable under any circumstances to Client or any other person if the Documents prepared in connection to the Services performed are not used for the intended purpose, and if any modifications to the Documents are made without SIG’s prior written consent, or the Client has not disclosed all material facts to SIG with respect to the Gemstone analysed. The Client agrees to indemnify and hold harmless SIG from any claims arising out of the use of or reliance upon any Document.
The Client acknowledges that it has not relied on any representation not expressly set out in these T&Cs. Except for the warranties and representations expressly set forth in these T&Cs, SIG expressly disclaims all other warranties, either express or implied with respect to the Services performed.
In no event shall SIG be liable to any person for any indirect, special, exemplary, punitive, incidental or consequential damages including but not limited to loss of profits or goodwill, or additional expenses incurred, whether pursuant to a claim in contract, statute, tort or otherwise and whether in an action for breach of warranty or otherwise.
Clients may not bring any action arising out of or in connection with any Services covered by these terms unless such action is commenced within six months after the cause of action has accrued.
SIG’s total liability under any and all circumstances shall be strictly limited to 1X the fees paid by the Client for the relevant Services in the preceding 12 months.
Third Party Providers & Agents
Defined as affiliated companies, subcontractors and other auxiliaries, including individual expressly authorized to submit and collect gemstones on behalf of SIG on whose behalf he/she is acting – shipment of items by professional shipping companies.
SIG is not liable for any loss or damage to the Gemstone(s) due to negligent or willful behavior of a third party provider, agent, subcontractor or other auxiliary.
Governing Law
SIG Lucerne AG
For all submissions to and/or Services performed or invoiced from SIG Lucerne AG, the construction and validity of these terms shall be governed by the laws of Switzerland, regardless of where any order was placed or filed, the place of performance of the Services or delivery of Documents or where any other act or performance occurred. The Client agrees to the exclusive jurisdiction of the courts located in Lucerne, Switzerland with respect to any and all disputes arising out of or in connection with the Services rendered by SIG Lucerne AG.
SIG Intl HK Limited
For all submissions to and/or Services performed or invoiced from SIG Intl HK Limited, the construction and validity of these terms shall be governed by the laws of Hong Kong, regardless of where any order was placed or filed, the place of performance of the Services or delivery of Documents or where any other act or performance occurred. The Client agrees to the exclusive jurisdiction of the courts located in Hong Kong with respect to any and all disputes arising out of or in connection with the Services rendered by SIG Intl HK Limited.
Consolidation
SIG may elect to consolidate disputes under a single forum where multiple entities are involved.
Revisions
SIG may change, revise, amend or modify these T&C from time to time. Such changes, revisions, amendments or modifications shall become effective without any further action by any party, but shall not apply to any orders placed and accepted prior to the effective date of such changes, revisions, amendments or modifications. When in doubt, the T&C signed on the Submission Receipt prevails.