Acceptance and Applicability . These Terms and Conditions apply to any reports prepared by Diamond Services, Inc. ( “Diamond Services” ). Acceptance of the Report constitutes agreement to these Terms and Conditions as well as acceptance of all other statements, limiting conditions and assumptions stated in the Report as well as the website www.diamondservicesusa.com
Intended Users; No Warranty. The Report is provided exclusively for use by Diamond Services’ client for whom the Report was prepared. Diamond Services is not responsible to any third party. Any unauthorized use, including, without limitation, for investment purposes, renders the Report null and void. The date indicated on the Report is the date the Report was completed and is its effective date.
The Report is not a guarantee, valuation or appraisal, and Diamond Services makes no representation or warranty regarding the Report and the items described in such Report. The Report contains only the characteristics of an article(s) after it has been graded, tested, examined, and/or analyzed by Diamond Services. Diamond Services makes no warranty with respect to such characteristics, or a recommendation of purchase or sale. No opinion is is expressed as to any present, past or future value.
The Report is based on the testing equipment, procedures and system used at the time the item(s) is examined. The carat weight, clarity grade, color grade and proportions of mounted gemstones can only be estimated; reasonable differences in opinion may result from factors such as lighting, grading techniques, type and condition of the equipment used, and the ability and experience of the gemologist or appraiser and may differ in the future as a result of changes and improvements in techniques, process, procedures and equipment. Diamond Services makes no representation as to the accuracy of data supplied or delivered to it and relied on or incorporated into the Report .
Limitations of Liability. To the fullest extent permitted by applicable law, THE MAXIMUM MONETARY LIABILITY OF DIAMOND SERVICES , ITS EMPLOYEES, REPRESENTATIVES AND AGENTS, ( REGARDLESS OF WHETHER SUCH PARTY’S CLAIMED USE OR RELIANCE ON THE REPORT WAS AUTHORIZED BY DIAMOND SERVICES ) FOR ANY AND ALL CLAIMS OR CAUSES OF ACTION RELATING TO THE REPORT SHALL BE LIMITED TO THE TOTAL COMPENSATION ACTUALLY RECEIVED BY DIAMOND SERVICES FOR THE REPORT. THIS LIMITATION OF LIABILITY REPORT EXTENDS TO ALL TYPES OF CLAIMS AND CAUSES OF ACTION, WHETHER IN CONTRACT OR TORT.
DIAMOND SERVICES SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR DAMAGES PROXIMATELY CAUSED BY RESULTING FROM OR CAUSED BY ANY ERROR IN OR OMISSION FROM, OR FOR THE ISSUANCE OF OR USE OF THE REPORT, OR LOSS OF USE OF ANY PROPERTY, WHETHER ARISING FROM NEGLIGENCE OR BREACH OF THE DIAMOND SERVICES OR OTHERWISE AND REGARDLESS OF WHETHER DIAMOND SERVICES WAS ADVISED OR KNEW OF THE POSSIBILITY OF SUCH DAMAGES.
Arbitration. CLIENT EXPRESSLY AGREES, CONSENTS AND SUBMITS TO THE PERSONAL JURISDICTION AND VENUE OF THE AMERICAN ARBITRATION ASSOCIATION ( “AAA” ) IN NEW YORK COUNTY , NEW YORK FOR ADJUDICATION OF ANY AND ALL DISPUTES ARISING FROM OR RELATED TO THE REPORT, WHICH SHALL BE THE EXCLUSIVE JURISDICTIONS FOR ANY SUCH DISPUTES. Any arbitration proceeding shall be conducted in a confidential manner.