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.
- that the link only consists of a good taste
image or wording, and the link goes to http://www.lglab.com;
- 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;
- that the link must "point" to the
URL http://www.lglab.com
and not to other pages within the Labtrade, LLC
Web site;
- 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;
- that you will not use the link or link image
to disparage Labtrade, LLC and its services;
- 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;
- 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;
- 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;
- 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;
- that the link image must be displayed adjacent
to a reference to Labtrade, LLC or at the bottom
of that same page;
- 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;
- that you may not alter or change the link image
in any way, including color, size, proportions,
etc. or animate or change its perspective;
- that you may not deviate or edit any of the
technical code that accompanies the image;
- 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.