TERMS OF SERVICE

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The following describes the terms and condition on which Labtrade, LLC offers all its services. By submitting our order form and purchasing any of our services you agree to be bound by this agreement.

Labtrade, LLC Terms and conditions: (Effective 12/12/13)

This agreement describes the terms and conditions applicable to the purchase of the Labtrade, LLC services. This document is a binding legal contract and is intended to protect the customer, as well as Labtrade, LLC. Labtrade, LLC may change this users agreement at any time by posting the new terms here on this page on our website located at terms.html. All terms will automatically effective one day after they are initially posted on our company website. This agreement is effective for all services offered by Labtrade, LLC.

1) Report Terms:
Reports are supplied at the request of the customer and it is for the customer's exclusive use. Reports express an opinion at the time of the examination of the diamond, gemstone or jewelry. This report is for the customers use only for the following two purposes, indicating estimated retail replacement value to obtain insurance coverage, or for the purpose of providing gemological information. Labtrade, LLC does not guarantee that the report valuation will result in a sale at that price. Estimated retail replacement value is arrived after analyses of what the approximate high retail cash asking price is for labor, materials, and design. These prices may be substantially higher then actual transaction prices. Labtrade, LLC report value is based on current information, and does not contain any information regarding future or past value. Labtrade, LLC has made no representation or warranty with regards to any item described in the reports. Diamond, gemstone or jewelry grading is not an exact science, this report represent the best opinion of the company. Labtrade, LLC is in no case responsible for differences that occur by repeated grading by other experts in the field and/or use of other standards, norms, methods or criteria other than those used by Labtrade, LLC. Labtrade, LLC is expressly held harmless by customers including, but with out limitation for any claims or actions that may arise out of negligence in connection with the preparation of this Laboratory report, or actions based upon the customer's use of the report. The information on the carat weight, clarity grade, color grade on this report is approximate on jewelry due to the limitations in Jewelry grading. The item was tested, graded, and examined under 10X magnification using the techniques and equipment available to Labtrade, LLC , including fully corrected triplet loupe, binocular microscope, master color comparison guides, diamond color comparison tools, electronic carat balance, non-contact optical measuring device, and ancillary instruments necessary at the time of examination.

2) Prices:
See Order Packing Slip for prices.

3) Retail Program Billing:
Purchase of the 20/20, 15/15. 10/10 and 5/5 program allows client to receive a special discounted price. The following are the terms of billing and the automatic billing triggers.

I) Client may send less than the required quantity of pieces purchased under the program for reports, resulting in a credit to client until all reports are used up.

II) Client may send more than the required quantity of pieces purchased under the program and be billed for the excess at the same price as the average program charges per piece. Triggered on shipment frequency of less then four program shipments on a 12 month period.

III) Client may send more than the required quantity of pieces purchased under the program and be billed for the excess on a new program purchase. Triggered on shipment frequency of greater then twelve program shipments on a 12 month period.

IV) Client that send pieces to use up a credit balance, but send more then the credit owed, can choose to flip the extra pieces into a new program just by choosing the program of choice on the order packing slip, or they can choose the single reports and in that case the single prices apply and no credit balance remains. 20/20, 10/10 and 5/5 programs credits are nonrefundable.

4) Intake:
Packages received by the Labtrade, LLC are audited for inventory accuracy, and if a discrepancy exists, and does not match the order packing slip included with the shipment, the order packing slip will be updated by the Labtrade, LLC to reflect the correct inventory, then reported to the owner before we proceed with grading. Labtrade, LLC is not responsible for senders loss or damage caused by unexplained mysterious disappearances or shortage disclosed upon taking inventory, missing items, or empty boxes due to fraud.

5) Payment Terms:
Payments are due on COD terms by cashiers check, money order, credit card, or by a regular check on special approval by the Labtrade, LLC.

6) Customer Disputes:
Labtrade welcome disputes but reserves the right to credit the value of the report to the customer in exchange for the original report. No disputes may be requested without the original item present.

7) Charges for Disputes:
From time to time a customer will have a difference of opinion on a particular grade. Disputes are charged at 50% of the original report price if no changes are made to the report.

8) Average Turnaround:
Labtrade service turnaround ranges from seven working days days or greater based on season.

9) Shipping:
Labtrade,LLC only covers loss during the course of transit for stated commodities in the Order Packing Slip and is subject to the Labtrade Terms and Conditions.

A. All claim decisions are made by Labtrade after the shipping carrier conducts an investigation. All declared value exemptions requests are subject to confirmation and approval by Labtrade prior to shipping. (Not Insurance Coverage)

B. Customer/Shipper will direct all disputes on issues relating to payment of claims for loss with respect to (Declared Value and Limits of Liability to Labtrade). (Not Insurance Coverage)

C. It is the shipper's responsibility to submit a Order Packing Slip, to request a prepared carrier shipping label provided by Labtrade when applicable. Shipments without the Order Packing Slip and a carrier shipping label provided by Labtrade, shall be treated as not having a declared value. (Not Insurance Coverage)

D. DECLINING REQUEST FOR DECLARED VALUE EXEMPTIONS. In order to ensure that its customers continue to enjoy the shipping services. Labtrade in its sole and absolute discretion, may decline a request for or confirmation of Declared Value exemption on certain shipments. (Not Insurance Coverage)

E. COVERED COMMODITIES : Labtrade accepts for the declared value exemption all lawful goods and/or merchandise consisting of jewelry, gemstones and similar goods. (Not Insurance Coverage)

F. LIMITS OF LIABILITY : Labtrade Carrier standard overnight service limit is $20,000 and second day service is $5,000 per box and shall be your maximum coverage(s). USPO Express mail service limit is $5,000, Priority Mail $5,000, Priority Mail Registered per box is $20,000, and shall be your maximum coverage(s). (Not Insurance Coverage)

G. VALUATION CLAUSE During Claim of Loss : There is two ways to determine the value when declaring a value exemption to Labtrade.: (1) at your replacement cost. Or (2) at Labtrade replacement cost. Labtrade reserves the right to replace the lost items by merchandise of equal quality. (Not Insurance Coverage)

H. UNDERSTATING THE DECLARED VALUE: In the event of loss where the declared value is less than the loss, the maximum amount that will be paid or replaced by equal quality merchandise is the declared value. (Not Insurance Coverage)

I. OVERSTATING THE DECLARED VALUE: In the event of loss where the value is greater than the loss, the maximum value that will be will be paid or replaced by equal quality merchandise is the actual value of the loss. (Not Insurance Coverage)

J. COMMENCEMENT OF COVERAGE: Coverage for a Labtrade confirmed shipment begins after the package is tendered to the approved staffed carrier. Proof of tender will derive from the tracking information received from the approved carrier. (Not Insurance Coverage)

K. COVERAGE OF SHIPMENT TERMINATES: Coverage for a Labtrade confirmed shipment ends when delivery is made. Delivery is when a package is signed for at the delivery location, or if a residence when left at the residential location. Delivery information is based on information provided by carrier. (Not Insurance Coverage)

L. IMPORTANT NOTICE REGARDING FRAUD: Labtrade's policy does not cover claims arising directly or indirectly from fraud/dishonesty/negligence, including but not limited to credit card fraud, check fraud, C.O.D. fraud, mail fraud or any fraud on behalf of the shipper/recipient or their employees. (Not Insurance Coverage)

M. OTHER EXCLUSIONS : The declared value exemption terms and conditions does not pay for the following:

  • i) packages that are not scheduled for pick up by Labtrade
  • ii) packages that are not placed inside a medium or large carrier box
  • iii) packages that are not pick it up by the courier driver
  • iv) packages that are not shipped under the carrier label provided by Labtrade
  • v) packages not shipped on the day designated on the carrier label.
  • vi) goods shipped by non-approved couriers or package service, or by any other non approved mode of transportation
  • vii) shipments made subject to a "waiver of signature" or similar agreements on record with carriers.
  • viii) loss or damage after shipment is left at residence unsigned and unattended
  • ix) packages dropped in unmanned drop boxes or non carrier staffed collection points
  • x) loss or damage caused by unexplained loss, mysterious disappearances or shortage disclosed upon taking inventory

(Not Insurance Coverage)

ALL CLAIMS MUST BE REPORTED WITHIN 24 HOURS OF LOSS BUT NO LATER THAN 7 DAYS FROM SHIP DATE. Failure to report a claim timely will nullify the declared value exemption.

N. COOPERATION IN CLAIMS PROCESS. Customer/Shipper, agents of Customer/Shipper, and recipient shall cooperate in providing documentation and other information pertinent to a claim for loss, including examination under oath. (Not Insurance Coverage)

O. TERMS OF DECLARED VALUE CONTROL. Under all circumstances, the terms and conditions set forth in the declared value exemption agreed by client. shall control in determining issues concerning payment of claim. To the extent that any terms and conditions stated herein conflict with those of the shipping carrier company, the terms and conditions of Labtrade shall control and be binding as to issues of declared value coverage. (Not Insurance Coverage)

P. RATE/PRICING. Shipment pricing and rates shall be as follow. Customer agrees to pay Labtrade the rates incurred by Labtrade for shipping packages from and back to client, that are charged under the carrier published rates based on customers requested carrier service. Labtrade charges an additional $19.95 for handling shipping packages from and back to client for all USPO shipments. (Not Insurance Coverage)

Q. RULES AND PROCEDURES FOR SHIPPING: Consideration of a claim or loss shall be conditioned upon Customer/Shipper observing the rules and procedures detailed in the Labtrade Q@A page and Shipping Guide-Rules and Restrictions, which are incorporated herein by this reference. (Not Insurance Coverage)

10) Hyperlink agreement:
Many of our friends have asked us about linking their Web pages to ours. At the same time, we have also noticed an increase in the use of our name in links without our permission. In order to guarantee consistent and proper usage of links to the Labtrade, LLC site, we're pleased to offer you link to http://www.lglab.com.

You may provide a link to this Web site to here http://www.lglab.com, only from another Web site, provided you agree to the Link conditions described below. By establishing a link to a Labtrade, LLC Web site you agree to these link conditions.
  1. that the link only consists of a good taste image or wording, and the link goes to http://www.lglab.com;
  2. that you will update all images and text within seven days after receipt of notice of any changes requested from Labtrade, LLC that may modify images and text at any time;
  3. that the link must "point" to the URL http://www.lglab.com and not to other pages within the Labtrade, LLC Web site;
  4. that except for a limited, non-exclusive, nontransferable, royalty-free license to use the link image on your Web site solely for the purpose of providing a hyperlink to Labtrade, LLC Web site, you acknowledge and agree that
    • Labtrade, LLC trademarks, name and linking image , including, but not limited to, the familiar "Labtrade, LLC" mark and "Labtrade, LLC logo" (collectively, the "Marks"), Labtrade, LLC Web site and its contents are and shall remain the sole property of Labtrade, LLC;
    • nothing in this Agreement shall give you any right of ownership in the Marks, link image or Labtrade, LLC Web site;
    • you shall not now or in the future contest the validity of the Marks;
    • you shall not take any action that would impair the value or goodwill associated with the Marks, link image or Labtrade, LLC image or reputation;
    • you shall not use the link image in any way that might be misleading;
  5. that you will not use the link or link image to disparage Labtrade, LLC and its services;
  6. that the appearance, position and other aspects of the link image may not be such as to misrepresent your relationship with Labtrade, LLC , or present false or misleading impressions about Labtrade, LLC or its services;
  7. that the appearance, position and other aspects of the link image may not create the false appearance that you or any non-Labtrade, LLC entity or any non-Labtrade, LLC product or service is associated with, or endorsed, or sponsored by Labtrade, LLC;
  8. that the link, when activated by a user, must display this Web site full-screen and not with a "frame" on the linked Web site or use other techniques which alter the visual presentation or content of Labtrade, LLC 's Web site, such as the imposition of browser windows or third party content;
  9. that the link image may only be used on your Web site, and not for any other purpose including, but not limited to promotion, advertising or publicity for your Web site;
  10. that the link image must be displayed adjacent to a reference to Labtrade, LLC or at the bottom of that same page;
  11. that the link image must be surrounded on all sides by a clear zone. The clear zone must measure no less than the height of the image;
  12. that you may not alter or change the link image in any way, including color, size, proportions, etc. or animate or change its perspective;
  13. that you may not deviate or edit any of the technical code that accompanies the image;
  14. that the linking Web site may not contain materials that may be interpreted as distasteful or offensive and should be appropriate for all age groups;
That Labtrade, LLC has the right to terminate this Agreement with or without cause at any time, and may amend this Agreement without notice at any time;

Labtrade, LLC reserves the right to revoke its consent to the link at any time in its sole discretion by amending this Hyperlink Agreement.

Many trade professionals employ the Labtrade, LLC to perform one of its many services, they are trusting in on its expertise and standards of quality, attention to detail, and sensitivity to customer needs. With offices on the U.S. coast in Las Vegas, and Bangkok, Thailand the Labtrade, LLC has established itself as a leader in the jewelry industry with the ability to serve the entire domestic jewelry industry.

You agree that any dispute arising out of or relating to these Terms or any content posted to the Labtrade, LLC Web site including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of Nevada, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Clark County, Nevada as the legal forum for any such dispute.

You agree to defend, indemnify and hold Labtrade, LLC , its trustees, officers, employees and agents from and against any claims, demands, damages, causes of action, loss or judgments arising from your breach of this Agreement or your hyperlink to Labtrade, LLC Web site.

YOU EXPRESSLY AGREE THAT THE USE OF THE Labtrade, LLC MATERIALS, MARKS, LINK image AND WEB SITE IS AT YOUR SOLE RISK Labtrade, LLC DOES NOT WARRANT THAT ITS SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, Labtrade, LLC PROVIDES THIS ACCESS "AS IS" WITHOUT WARRANTY OF ANY KIND. Labtrade, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NONINFRINGEMENT. IN NO EVENT WILL Labtrade, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF DATA, LOSS OF BUSINESS OR OTHER LOSS ARISING OUT OF OR RESULTING FROM THIS AGREEMENT OR THE USE OF ANY OF THE MATERIALS, MARKS OR LINK image UNDER THIS AGREEMENT OR ACCESS TO ANY OF THE SERVICES DESCRIBED IN THIS AGREEMENT EVEN IF Labtrade, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OF Labtrade, LLC AND REGARDLESS OF WHETHER SUCH LIABILITY IS FOUND IN CONTRACTS.

11) Reserve The right To Restrict Access:
We reserve the right to restrict access to any of our Internet sites. We have the right to block or otherwise refuse service to any one that has breached this agreement. If we send notice in any form or we add any name to a blocked list on any site, the Buyer is considered banned from any further transaction with Labtrade, LLC Service regardless of any alias used.

12) Entire Agreement. This Agreement together with Rules and Restrictions, and Order Packing Slip, shall constitute the entire agreement between Labtrade and and its Customer. No oral modification of the terms and conditions is permitted by either party, and no Labtrade employee shall have authority to orally modify any terms and conditions. All modifications must be in writing by Labtrade.

13) Liability Limit:
Labtrade, LLC Service is not responsible for the use or misuse of any of our services. Our maximum liability will not be greater than the actual amount paid for the service.

14) General:
Any legal controversy or legal claim arising out of or relating to this Agreement, our services or products shall be resolved in the jurisdiction of Labtrade, LLC home office in Clark County, Nevada. By making a purchase with Labtrade, LLC Service, and or using the services buyer and seller agrees to submit to the jurisdiction of Clark County, Nevada, and specifically waives any defense of lack of personal jurisdiction. Labtrade, LLC Service further sets the sum of $100.00 as liquidated damages for breach of this agreement. In the event the court rules against Labtrade, LLC Service, we will pay the judgment within 30 days unless an appeal is filed. In the event the court rules in favor of Labtrade, LLC Service, we may charge the judgment to the customer's credit card on file unless appeal is filed. Access to Labtrade, LLC Service through the Internet shall not be construed as Labtrade, LLC Service's purposeful availment of the privileges or benefits of doing business in any state or legal jurisdiction other than the State of Nevada. This Agreement shall be governed by and construed in accordance with the Laws of the State of Nevada, without regard to its conflicts or choice of laws principles. In any legal action arising out of or relating to this Agreement, our services or products, the Clark County Court, State of Nevada, shall have sole and exclusive jurisdiction and venue, over such action, or if that court lacks subject matter jurisdiction, the Labtrade States District Court for the District of Nevada, shall have sole and exclusive jurisdiction and venue over such action. Any Judicial claim or action arising out of this Agreement, or shipment by or through LABTRADE. must be filed in Las Vegas Superior Court, in Las Vegas, Nevada. All Parties agree to forebear from bringing a claim in any other county or jurisdiction. Nevada law shall apply.