Unless agreed otherwise in written between the parties and for a specific case, the binding language is French (the binding French conditions can be found at www.gfcogemlab.ch/conditions.html) all information in a language other than French is provided as of courtesy and strictly on an indicative basis. Any communication of a party in a language other than French shall be considered void if resulting in a conflict of any kind between the parties. By using the service, the client agrees with no limitation with the present conditions. Should a clause of the conditions being rendered void following a court decision, all others clauses shall not be considered void.
The present General Conditions apply to the contractual relations (here-after referred to as the contract) between any company duly autorized by Geafinco SA to operate a gemological laboratory with the trademark GFCO GEM LAB® and the client, subject to express derogatory stipulations. By its signature on the receipt of item deposit and the receipt of payment, the client agrees in full with the present conditions with no limitation.
The fees are defined in the receipt of item deposit as provided to client and available at the time he deposited the items with GFCO GEM LAB®. Prices are stipulated in the local currency including VAT. The laboratory reserves the right to request partial of full upfront payment for the service. Shall a client fail to pay, the laboratory reserves the right not to return items in proportion of the unsettled amount. Any amount unpaid at due date bears interests at a rate of 100% p.a. Further, client owes any correspondence fees caused by its default, as well as the costs incurred through the intervention of a collection agent. GFCO GEM LAB® is free to withhold contract performance until such payment is made. In such event delivery terms are deemed to be extended accordingly.
GFCO GEM LAB® shall carry out the analysis according the methods described at www.gfcogemlab.ch website at the time of order - namely testing with standard equipment only which means whenever applicable: refractive index, specific gravity, microscope observation with 80X magnification, visual eye spectrum 400-700nm, polariscope, pleochorism, fluorescence and others tests with classic gemological equipment. Unless client informs GFCO-CH that an item submitted has already been tested before, it will be considered a new submission. Rechecks of a tested item, e.g. after recut, are invoiced at recheck rates. 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 GFCO GEM LAB®.
Client is free to provide GFCO GEM LAB® with any extra information when depositing the items for testing. GFCO GEM LAB® will consider any extra information regarding identification, trade name, treatment and origin as indicative and proceed to the creation of a gem identification report based on the result of testing and the instruction given by client. GFCO GEM LAB® may not mention all types of treatments that may have been applied to or used with respect to the Gemstones 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. Any remarks concerning the presence or absence of any treatment type or method are solely the expression of the findings made by GFCO GEM LAB®.
All object risks related to the gemstones submitted to GFCO GEM LAB® are at the client’s charge and must be insured to full value. Idem for transport fees, customs and insurance, as well as cost and administrative inconvenience induced by foreign legislation in case of contract performance abroad. Client shall refund any such costs if incurred by GFCO GEM LAB®. Client who does not have appropriate all-risk insurance coverage agree not to hold GFCO GEM LAB® liable for any damages to or loss of items beyond the amount specified in the receipt of item deposit. Shall the client request GFCO GEM LAB® to unmount items from a jewel, all risk of potential damage to the gemstones, pearls or jewellery is borne exclusively by the client. GFCO GEM LAB® assures that these services are conducted by experienced and trained professionals only.
Turnaround time is indicative; the client has no right to claim any compensation shall GFCO GEM LAB® be unable to meet the deadline for the delivery of the service. Nonetheless GFCO GEM LAB® shall inform client if a fixed deadline cannot be kept. The client is responsible for checking that all items are returned, their condition and that the service is performed in full when picking up items and reports at the counter. Once the client has left the laboratory premise, GFCO GEM LAB® is to accept no claim. In case the items are shipped back to the client, all risks are beared by the client GFCO GEM LAB® shall not be liable for any reason whatsoever.
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. 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. 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. 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. The Receipt validity expires after two months if The Client has not informed The Laboratory of a delay in the return of Items.
GFCO-CH guarantees careful contract performance within the scope of analysis and its limits, according to testing methods specified at the website and in the report and gemmological science. In the occurrence of a warranty claim GFCO-CH is not liable for damages incurred by client or third parties, be it direct, indirect, consequential or punitive, material or immaterial, based on contract, statute, tort or otherwise. Any action or exception based on warranty must be brought in within 15 days from receipt of the report, under pain of being forfeited. Other warranties, expressed or implied, are expressly ousted.
Reports and Opinions represents the opinion of at least one accredited gemologist about the Item at the time of examination; GFCO GEM LAB® cannot have knowledge of any potential subsequent treatment or modification of Items. Reports and Opinions are issued without any guarantees. GFCO GEM LAB® shall not be liable for any mistakes or omissions. The use of Reports and Opinions for trading by The Client are at his own risk. GFCO GEM LAB® shall not be liable for a failure of the system for the online checking of The Reports or the failure to keep record of the issued Reports. The maximum cumulated liability of GFCO GEM LAB® shall not exceed USD 5000 (FIVE THOUSAND UNITED STATES DOLLARS) in case of loss or theft of Items per event, to be assumed by the company operating the laboratory where the event took place. In case of proven gross negligence, misconduct or illegal act of a GFCO GEM LAB® employee, GFCO GEM LAB® the client agrees to only sue the guilty employee and only this last one shall be liable toward The Client. GFCO GEM LAB® shall not 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 GFCO GEM LAB®.
Intellectual property such as invention patents, know-how, trade secrets in relation to gemmological testing and analysis, or copyrights and confidential information in relation to the contract are GFCO GEM LAB® exclusive property. All data, including but not limited to gemmological, photographic, geological or chemical data, which is gathered during the analysis of any Gemstones remains the sole property of GFCO GEM LAB® and may be freely used for scientific research and publication purposes by GFCO GEM LAB®. Client respects this intellectual property and refrains from any action contrary to the GFCO GEM LAB®'s appropriation or fruition thereof. Any reproduction of contents for private or commercial 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 and the message must be positive with no intent to damage GFCO GEM LAB® image.
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. GFCO GEM LAB® shall be liable for any mistakes or omissions.
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.
Shall a company operating a gemological laboratory under the trademak GFCO GEM LAB® stipulate complementary or different conditions to the present conditions, these last ones shall be considered void.
This contract is subject to Swiss Law. In case of any dispute arising from or involving this contract, parties shall try Mediation according to Rules of the SWISS CHAMBERS. If the dispute cannot be settled within 15 days from inception of Mediation, it shall be referred to the court of Tramelan and all procedures shall be conducted in French.