Terms and Conditions
1. Introduction
These Terms & Conditions constitute integral part of any contractual framework between Metal Testing Gemological Laboratories a part of Metal Testing for Technical Consultation and Laboratories Company Ltd. (hereinafter referred to as the “Laboratory” or “Lab”) and the client seeking the services of the Laboratory. The Laboratory is an independent and impartial entity specialized in the field of identification and grading of diamonds, gemstones and jewelry, and issuance of lab certificates. The Laboratory is granted the official accreditation and license being the first of its kind in the Kingdom of Saudi Arabia.2. Validity of Terms and Amendments
The Terms & Conditions apply automatically and inclusively to all kinds of service transactions between the Laboratory and the Client without need to incorporate the same into any contract, written agreement, service order, or Client confirmation. It is hereby noted that the Terms are published and announced on the official website of the Lab and can be easily accessed through the link available on the website.The Laboratory has the right at any time and without prior notice, at its sole discretion, to revise these Terms or to introduce new terms and conditions as needed. Such revisions and additions shall be effective immediately once published on the Laboratory’s website. The Client shall review the Terms & Conditions published on the website regularly and be aware of any new updates, and be bound thereby. Any provision of Laboratory services shall automatically constitute consent of Client to all applicable Terms & Conditions. No exception or modification to these Terms shall be effected by any party except for the Laboratory itself.
3. Expressions and Definitions
For the purpose of these Terms and Conditions, the terms stated below shall have their ascribed meanings, unless presumption necessitates otherwise:* “Laboratory/ Lab” means Metal Testing Gemological Laboratories a part of Metal Testing for Technical Consultation and Laboratories Company Ltd.
* “Client” means the natural individual or legal entity receiving the Service of the Laboratory.
* “Service” means the professional expertise and lab services provided by Laboratory with main general scope of testing, inspecting, identifying, analyzing and/or grading of diamonds, gemstones, gem material, and/or jewelry, and/or any other type of services as specifically agreed between Client and Laboratory. Metal assessment is not carried out by Laboratory unless submitted to Laboratory specifically or exclusively for metal testing for a Precious Metal Report.
* “Service Fees” means the amount of money charged by the Laboratory in return for the performance of Service or for efforts made upon request of Client. All Service Fees are subject to Value Added Tax and/or any other taxes and dues pursuant to the applicable laws of the Kingdom of Saudi Arabia.
* “Piece” means the diamond, gemstone, gem material, or jewelry delivered by Client to Laboratory for the purpose of identification, grading and/ or other lab assessment or Service.
* “Inspection” means the procedure conducted by Laboratory in examining and assessing the Piece based on its expertise and use of equipment, methodology, scientific technology, tools, and other information and circumstances available at the time of the procedure. The exact scope of inspection shall be identified by mutual agreement between Client and Laboratory on order by order basis.
* “Grading” means the grading of a natural diamond in accordance with a predetermined classification, for and at the request of a Client. Color grade is based on Laboratory master comparison stones (studded & loose). Clarity grade is on 10x magnification. Grading is as mounting permits. Measurements and weights are approximate and estimated.
* “Identification” means inspecting a Piece, for and at the request of a Client, to ascertain whether the gemstone is natural, synthetic or an imitation, or has undergone any treatment in accordance with the rules predetermined by Laboratory. The identification of gemstones and determination of their various characteristics is dependent on tests carried out on various instruments and by examination by gemologists.
* “Report” means a certificate, consultation, or document issued by Laboratory upon the request of and for the exclusive use of the Client, which indicates the results and findings of the inspection or other professional service provided to the Client as the opinion of Laboratory.
4. Terms of Service
Laboratory conditionally agrees to provide its Service to the Client subject to these Terms and Conditions and subject to an order form or other document constituting specific mutual agreement identifying the exact scope of service, the Piece(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 Laboratory or a Report to be issued thereby shall be made upon the request of the Client and for the exclusive individual use of the Client.
In certain cases, because of the lack of evidence/ characteristic features in the Piece or lack of some specific equipment, the Piece may be returned without performing the Service. Whenever Laboratory deems it impossible or impractical to perform the Service, Laboratory may terminate the Service request and inform the Client of such termination.
The Lab does not issue any Reports or Certificates in relation to any Piece which is discovered to be not a gemstone, including synthetic lab-grown diamonds. The non-issuance of Report shall in no event derogates the Lab’s entitlement to the service fees in return for any efforts exerted thereby.
Laboratory in routine employs non-destructive methods of Piece Identification, however, in certain cases destructive methods might be employed on the permission of the Client.
Laboratory shall exert suitable efforts to perform and complete the Service within reasonable timeframe depending on the nature of the inspected Piece, inspection procedure and the time needed to apply the quality standards adopted by the Lab. Consequently, it might not be possible to predetermine the time of Report delivery in some cases, and such timeline may vary from one Piece to another.
5. Service Fees
The Client agrees to pay to Laboratory the Service Fees as per the amount stated in the Price Quote and/or Lab Invoice issued according to order form from the Client or any other document or agreement under which the Service is ordered. Payment must be made on or before the due date determined by the Lab Laboratory may choose to withhold the Piece temporarily in the event that the Client fails to pay the fee, or any part thereof, until the payment is duly settled.6. Legitimacy of Ownership/ Possession
The Client must represent to the Laboratory and substantiate the legitimacy of its possession of the Piece, either in the capacity of owner, authorized signatory, official attorney, rights holder, authorized possessor of the Piece, or other official legal capacity recognized by Saudi laws. Laboratory shall have the right to stringently validate the identity of the Client and/or the authority of any representative acting for the Client, or any person instructed by the Client in relation to delivery, receipt, or any other transaction; through official documentation. Lab may abstain to perform the Service or any part thereof unless upon the availability of all proper verification documents.Client further undertakes that the Piece has been purchased from legitimate and reliable sources and that Client has no personal knowledge or reason to believe that such Piece has been traded or possessed in violations of any applicable laws or regulations.
7. Laboratory Reports
Upon completion of Inspection, the results of Identification and/or Grading shall be recorded in form of a written Report which expresses the independent opinion of Laboratory made over the examined Piece at the time of Inspection.Laboratory report is intended to state the characteristics of the Piece. These references are merely descriptive and refer in no way whatsoever to the location or origin of Piece. Moreover, the Report will not represent an appraisal, valuation or guarantee of any monetary or sentimental value of the Piece. The Report shall not be used or presented as a certificate for assessing any worth. Laboratory assumes no responsibility for any representations (or misrepresentations) made by the Client or anyone else about the inspected Piece.
The contents of Laboratory’s Report shall include the following parameters: the type and nature of the Piece and whether it has undergone any type of treatment (where gemologically identifiable and require disclosure); and any other data which Laboratory shall deem necessary. As an option, Laboratory may attach a photograph of the Piece, taken at the time of Inspection.
Any photographs and/or illustrations shown in the Report serve solely as indicative idea of the examined Piece, noting that the photo may somewhat appear different from original or may not be sufficiently descriptive thereof.
The signature featured in Laboratory reports may be generated electronically. This may be accompanied by unique QR Code or specific identification number to facilitate online verification.
Laboratory would usually issue one independent report for each one Piece. Nevertheless, Laboratory and Client shall have the option mutually agree on the issuance of a collective Report covering more than one Piece if so, belong to the same Client and received together in the same time.
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 decisively determine whether a Client’s Piece is synthetic, artificial or an imitation or has undergone any treatment. Laboratory cannot not guarantee that such determination is always possible.
Laboratory does not give any warranty whatsoever, including without limitation, as to the availability, accuracy, completeness, correctness, or reliability of the Report, 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 Report or the contents thereof.
The Client understands and agrees that the opinions and findings indicated in the Report may differ from any conclusion indicated in another report issued before or after the Report. This may happen due to change in technology and tools used during the Inspection or other factors. The Client further understands that gemstone testing, inspection, identification and grading is not an exact science, rather it represents only the best professional opinion of Laboratory. Accordingly, the Laboratory 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 Laboratory.
8. Validity of Report
The validity of the Report shall be determined in accordance with these Terms and Conditions and any other conditions provided in or specifically applicable to the Report. In principle, there is no time limit for the validity of the Report as long as the inspected Piece, and the same circumstances under which the Report was issued strictly remain unchanged.Report shall automatically become invalid if Laboratory determines, at its sole discretion, that any of the following events has occurred:Report shall automatically become invalid if Laboratory determines, at its sole discretion, that any of the following events has occurred:
- Any unauthorized alteration, modification, manipulation or addition is made to the Report.
- Client is in breach of any of his representations or obligations whatsoever.
- The information provided by the Client in relation to the Piece were untrue, inaccurate, or incomplete.
- The shape, characteristics, or description of the relevant Piece has changed or been modified after its Inspection, Identification or Grading.
- The quality of the relevant Piece has changed in any way whatsoever after its Inspection, Identification or Grading.
- Any updates, changes or different circumstances have developed and affected the Report in any manner.
9. Complaints and Suggestions
Complaints, suggestions, remarks or claims in any way related to Laboratory Reports or Services will be accepted and dealt with at the sole discretion of Laboratory management after proper assessment thereof and review of all details.10. Condition of The Piece
In principle, for the purposes of Inspection, a Piece shall be inspected and measured in the state of loose stone. The Piece that is studded / set in a jewelry piece may still be accepted for Inspection at the sole discretion of Laboratory. The issuance of Report will however be subject to ability to inspect and identify the stones / samples while studded in the jewelry. In such cases, only total weight of the jewelry item and accessible dimensions of the gemstones will be given in the Report. Client acknowledges and agrees that some inspection processes may be omitted, or measurement may be impossible for a certain part of the inspected items, or that the inspection may not be accurate.11. Delivery and Storage of Piece
Client shall submit the Piece for inspection at Laboratory premises and shall collect the Piece upon the request of Laboratory once the Inspection / Service is concluded. If the Client fails to collect the Piece after the expiry of a period of one ninety (90) days commencing on the date on which Laboratory completes Inspection, Laboratory shall thereafter be relieved of its responsibility for storing the Piece. If Laboratory elects to store the Piece, Laboratory may apply additional charges and reimbursements for insurance, security, safekeeping, admin support, and for the time and attention associated with the storage of the Piece.12. Abandoned & Neglected Pieces
In the event where any Piece was left with the Lab and not collected by the Client for not less than two years beyond the agreed delivery time for no obvious justification, and wherein the Laboratory was unable to reach the Client or any relevant contactable lead, the Laboratory, at its reasonable discretion, may have the right to consider such Piece as abandoned and neglected, rendering all previous ownership rights associated therewith to be concluded and terminated. Lab shall then be free to dispose the Piece in order to recover the cost of its storage and safekeeping during the past period.13. Disclaimer
Limitation of the liability and responsibility of Laboratory as set out below is essential and shall apply to the Client, and any other person to whom a Report is presented for any reason whatsoever.Neither Laboratory, nor its managers, agents, or employees shall be held liable for any loss, damage, expense, liability, claim, etc., arising or occurring howsoever as a result of any error of omission or commission in the Report, including loss, damage, expense, etc., resulting from human error or negligence, faulty equipment, delays or any other circumstances relating to the testing procedures, issuance or use of the Report or if it may affect the value of the Pieces described herein, except for judicially proven fraud, willful misconduct or gross negligence on part of Laboratory.
If Client fails to disclose all facts that are known by the Client concerning the Piece for which the Client requested Inspection (including, without limitation, treatment of the client Piece), Laboratory shall not be liable for any loss, damage, cost or expense, etc. incurred in connection with or as a result of Inspection.
Notwithstanding anything to the contrary in these Terms and Conditions, to the extent permitted by law, the aggregate liability of Laboratory 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 Laboratory for the relevant Inspection, and this shall be the Client’s exclusive remedy.
14. Indemnification
The Client agrees to defend, indemnify, and hold harmless the Laboratory, its owners, all stakeholders, directors and employees, from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to the Client’s breach of these Terms or the Client’s access to or use of Lab’s website or receipt of Lab Services. The foregoing indemnification obligation shall remain valid unlimitedly.15. Insurance
Each Piece submitted to Laboratory for the provision of Service shall at all times remain at the risk of the Client. The Client shall insure all Pieces delivered to Laboratory against all risks at its own cost. Insurance shall be provided by reputable and reliable insurance company. Without prejudice and subject to the foregoing, Laboratory will use all reasonable endeavors to keep the Piece secure while in its possession.The insurance cover must be comprehensive, adequate and valid at all times during transit from the Client’s location to Laboratory, while in Laboratory’s possession and during transit from Laboratory to Client’s location. Laboratory shall not admit / accept any right to recourse either from the Client and/or from its insurer. The Client and/or its insurer hereby thus waive all its / their right to recourse, in favor of Laboratory. Further, the Client shall take all necessary steps to incorporate in its insurance documents the relevant clauses to the effect that the Client and/or its insurer shall not subrogate and waive off any and all claims duly covered under such insurance policy.
If any lawsuit is filed by any third party, including an insurance company, against Laboratory or its employees or any person who acts on behalf of the Lab, the Client shall indemnify and hold harmless Laboratory from or against any and all losses, damages, costs, expenses and any other amount incurred by Laboratory arising from or in connection with such lawsuit. In all events, any rights, claims or contractual affairs between Laboratory and Client shall remain exclusively within the Parties, and not extend to any external parties.