DISCLAIMER & GTC

THE PRESENT DISCLAIMER & GTC CONCERN ALL REPORTS ISSUED BY ANY INDIVIDUAL OR LEGAL ENTITY WITH VALID FRANCHISE TO OFFER SERVICE UNDER THE BRAND GFCO GEM LAB®.

GENERAL INFORMATION

GFCO GEM LAB® is a brand owned by Geafinco SA (Switzerland). Exception made of the laboratory of Switzerland operated directly by the brand owner Geafinco SA, GFCO laboratories of Bangkok and Lalitpur are granted a franchise in order to offer gemstone and jewelry testing service under the brand GFCO GEM LAB®. The Franchisor Geafinco SA (Switzerland) provides regular training and proceeds to audits to ensure the quality of the service is maintained. All reports issued by any GFCO GEM LAB are centrally recorded in the database of Geafinco SA and made availabe for online checking at www.gfcogemlab.ch/lab_check.html. In order to provide its franchisees with a standard level of protection, the following disclaimer and GTC apply to all GFCO GEM LABs.

TERMS

In what follows, the here below terms shall have the following meanings:
“The Brand” is GFCO GEM LAB® (IGE/IPI Nº698996), a registered trademark of GEAFINCO SA.
“The Company” is GEAFINCO SA, Trade register nbr. CH-036.3.058.738-9, Limited Company of capital CHF 100’000.- registered in Grand-rue 93, 2720 Tramelan, Canton of Bern, Switzerland.
“The Laboratory” is any private person or legal entity performing The Service with a valid franchise granted by The Company.
“The Service” is the testing of Items under The Brand name.
“The Operator” is any private person or legal entity mandated by The Laboratory to perform The Service under special authorization of The Company.
“The Items” are any gemstones, jewelry, or any item given to The Laboratory for testing.
“The Opinions” are any verbal communication to The Client regarding Items.
“The Reports” are any documents issued by The Laboratory under The Brand concerning Items.
"The Client" is any private person or legal entity who has recourse to The Service or takes whatever kind of decision or action based upon an Opinion or a Report.
"The GTC" are The General Terms & Conditions of The Service.
"The STC" are The Specific Terms & Conditions of The Service that may complement or bring changes to The GTC for a specific Laboratory.

CONDITIONS

BINDING BUSINESS LANGUAGE
Unless agreed otherwise in written between the parties and for a specific case, the sole and only binding language is English; all information in a language other than English is provided as of courtesy and strictly on an indicative basis. Any communication of a party in a language other than English shall be considered void if resulting in a conflict of any kind between the parties.

ENTIRE AGREEMENT
By using The Service, The Client agrees with no limitation with the present GTC. Should a clause of The GTC being rendered void followng a court decision, all others clauses shall not be considered void.

SPECIFIC GTC
The Service of every Laboratory may have complementary or different rules than the GTC : The STC. The STC, if any, are visible at the "Report Order" page by selection the STC of the selected Laboratory. It is The Client responsibility the GTC and, if any, The STC, prior to have recourse to The Service. By submitting in Item for The Service (including or not The Complementary Service) to The Company or a Franchisee, The Client confirms he accepts The Specific Terms & Conditions which apply to the GFCO GEM LAB in question with no limitation.

REPORT ORDER

The GTC and STC at disposal at the counter at the time of order apply.

REPORT DELIVERY
Return of Items As a matter of rule, Items are returned against a proof of propriety represented by The Receipt delivered by The Laboratory at the time The Items were deposited. It is The Client responsibility not to lose the Receipt. Deadline to take delivery of Items and Reports The Client is advised to take delivery of its Items and Report within one month after they have been deposited to the Laboratory to prevent the risk of abuse by third parties in case of lost receipt. Shall this period exceed one month, The Client shall inform in written The Laboratory about a delay in the return of The Item.
Loss of receipt In case of loss of receipt, The Client loses proof of its propriety over The Items. The Laboratory reserves the right not to return Items until a period of three months has expired from the time The Items were deposited, for all that nobody else with a valid proof of propriety (receipt) has claimed them. The Client must be able to give a reasonably detailed description of The Items.
Return of Items to a third party without presenting the Receipt Shall The Client give mandate to a third party to take delivery of The Items without giving the Receipt to that third party, The Client must inform The Laboratory and send a copy such as a picture of the Receipt to that third party. The Laboratory reserves the right to only deliver The Items to the third party against a proof of identity such as ID card and passport.
Expiration of The Receipt The Receipt validity expires after two months if The Client has not informed The Laboratory of a delay in the return of Items.

DISCLAIMER & LIABILITIES
Opinions & Reports
Reports and Opinions represents the opinion of at least on accredited gemologist about Item at the time of examination; The Company, The Laboratory and The Operator cannot have knowledge of any potential subsequent treatment or modification of Items. Reports and Opinions are issued without any guarantees. Neither The Company nor The Laboratory nor The Operator shall be liable for any mistakes or omissions. The use of Reports and Opinions for trading by The Client are at his own risk. Neither The Company nor The Laboratory nor The Operator shall be liable for a failure of the system for the online checking of The Reports or the failure to keep records of the issued Reports.
Loss/theft of Items & damages to Items
The maximum cumulated liability of The Company, The Laboratory and The Operator shall not exceed USD 3000 (THREE THOUSAND UNITED STATES DOLLARS) in case of loss or theft of Items. In case of proven gross negligence or illegal act of a Company employee or a Laboratory employee or an Operator employee, The Company, The Laboratory and The Operator reserves the right to sue The Guilty Employee and only this last one shall be liable toward The Client. Neither The Company, nor The Laboratory nor The Operator, nor their employees shall be liable for any damages to Items while proceeding to standard testing of Items. It is The Client responsibility to insure Items for the duration these last ones are being given for testing to The Laboratory.

Management of Client and Item data
GFCO GEM LAB is interested in gemological information resulting from the testing of gemstones, not in The Client personal data. The personal data of The Client are not computer recorded and by default not shared between the different GFCO GEM LABs; The Franchisor do not know who is The Client of the Franchisee but only manages the creation of a GFCO REPORT.
Unless requested otherwise in the written form by The Client prior to examination, by submitting his Item for testing at a GFCO GEM LAB, The Client agrees The Company to make use of the data collected concerning The Item for research and statistic and to use pictures of The Item in publications.
Neither The Franchisor nor The Franchisee shall transmit information regarding The Client to any third party without prior written consent of The Client. The sharing of Client information without prior authorization between The Franchisee and The Franchisor is permitted.
Neither The Franchisor nor The Franchisee shall transmit information regarding an Item which is being tested or has been tested within the last seven days to a third party without prior consent of The Client.

Propriety rights
Unless indicated otherwise, The Company has property rights over all texts and images available at The Site. Any full or partial reproduction of contents with commercial purpose is strictly prohibited. Any reproduction of contents for private purpose is allowed for all that the following things are respected: the texts and images are not modified, they are presented in full, The Company name and logo as well as the source (indicated by the website url www.gfcogemlab.ch) must appear clearly at the beginning of the reproduction.
Shall The Visitor and/or The Client be willing to make use of contents featuring at The Site over which The Company does not have property rights (such as images or texts provided by third parties), it must contact the entity having such rights and get authorization from this last one prior to do it.

Sources of information and validity of contents
The Site may contain commonly accepted scientific information as well as various analyses and opinions from various sources, internal and external. These scientific information, analyses and opinions may criss-cross each others. All information available at The Site is posted with no guarantees of validity and exactness. Neither The Company nor The Franchisee shall be liable for any mistakes or omissions.

Links to external websites
The Company has no control over the content of external website and shall not be liable for any content posted at a third party website which link would appear at The Site.


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