Last updated on 1/2/2019

Client Agreement/Receipt

Laboratory Grown Diamond Exchange

WWW.LGDEX.ORG

New York Headquarters

551 Fifth Avenue New York, NY 10176

This Agreement has been entered into by the undersigned Client ("Client") to induce Laboratory Grown Diamond Exchange, LLC (“Laboratory Grown Diamond Exchange”) to list my Laboratory Grown Diamond (“LGD”), jewelry, or other items (“Article”) on Laboratory Grown Diamond Exchange’s website (the “Website”) and to perform certain Services on Articles to be delivered by the Client to Laboratory Grown Diamond Exchange. This Agreement applies to: all Articles submitted on the date listed below, or on any date thereafter, by Client to Laboratory Grown Diamond Exchange; Receipts for, and Reports on, such Articles that may be listed on Laboratory Grown Diamond Exchange; and/or Services performed by Laboratory Grown Diamond Exchange. For purposes of this Agreement, the term "Article" means any LGD material or artificial diamond or jewelry item of any kind, including items for which Laboratory Grown Diamond Exchange Reports and/or Client’s description(s) of an Article have been previously listed. The term "Receipt" means any paper or electronic communication issued by Laboratory Grown Diamond Exchange indicating the receipt of an Article. The term "Report" means any identification, descriptive report, origin declaration report or other communication issued by Laboratory Grown Diamond Exchange or through Laboratory Grown Diamond Exchange’s authorized Agents and/or independent contractors, that describes an Article. The term “Report” shall include verifications, updates, or supplements to a previously issued Report. The term "Services" means any service performed by Laboratory Grown Diamond Exchange, its authorized Agents and/or independent contractors, to include the listing of Articles on the Website; grading; testing; examining; laser inscription (“Inscription”); and/or issuing Reports. The term “Client Opinion” shall mean any description of an Article furnished by a Client, and not from an Laboratory Grown Diamond Exchange Report. Laboratory Grown Diamond Exchange shall not be held responsible for the accuracy or validity of any Client Opinion posted on the Website.

Client acknowledges that Laboratory Grown Diamond Exchange, by accepting delivery of an Article, and by performing certain Services and/or listing of the Article(s), on the Laboratory Grown Diamond Exchange website, Laboratory Grown Diamond Exchange shall operate under the following terms and conditions:

  • (1) Laboratory Grown Diamond Exchange shall maintain a standard form jewelers block insurance policy and a standard form Fidelity insurance policy to insure an Article against loss or damage. Client agrees that (i) the liability of Laboratory Grown Diamond Exchange and its Employees, Agents and/or independent contractors for any loss of, misdelivery of, or damage to that article, even if caused by or resulting from the negligence or other fault (except fraud, willful misconduct or gross negligence) of Laboratory Grown Diamond Exchange or any of its Employees, Agents and/or independent contractors, shall be limited to the amount paid, if any, in respect thereof under such policies; and (ii) in any event, Laboratory Grown Diamond Exchange and its Employees, Agents, and/or independent contractors shall not be personally liable for any such loss of, misdelivery of, or damage to that Article, even if this limited rem¬edy fails in its essential purpose.
  • (2) Laboratory Grown Diamond Exchange and its Employees, Agents, and/or independent contractors shall not be liable for, and Client agrees to indemnify and hold harmless Laboratory Grown Diamond Exchange and its Employees, Agents and/or independent contractors against any loss, damage, or expense resulting from any error in or omission from any listing posted on the Website, or from the issuance of or use of any Report or any Inscription, even if the loss, damage or expense was caused by or resulted from the negligence or other fault (except fraud, willful misconduct or gross negligence) of Laboratory Grown Diamond Exchange or any of its Employees, Agents and/or independent contractors.
  • (3) Client hereby releases and discharges Laboratory Grown Diamond Exchange and its Employees, Agents and/or independent contractors from any and all claims and demands whatsoever, including claims and demands for the negli¬gence or other fault (except fraud, willful misconduct or gross negligence) of Laboratory Grown Diamond Exchange or any of its Employees, Agents and/or independent contractors for: (i) any error in or omission from any listing posted on the Laboratory Grown Diamond Exchange, a Report, the issuance or use of a Report, and/or any Inscription; or (ii) Any error in or omission from a Report or listing on the Website caused by the acts of others.
  • (4) Client agrees that in any event, Laboratory Grown Diamond Exchange and its Employees, Agents and/or independent contractors shall not be liable for special or consequential damages with respect to any of the foregoing matters, even if advised of the possibility of such damages.
  • (5) Client agrees: (i) to assume responsibility for all amounts charged to Client's account; (ii) to pay to Laboratory Grown Diamond Exchange when due the balance of Client's account; and (iii) to pay late fees of 1.5% per month on all amounts not paid when due.
  • (6) Client acknowledges and understands that: (i) a Report is not a guarantee; (ii) Laboratory Grown Diamond Exchange makes no representation or warranty whatsoever regarding a Website listing, a Report, an Inscription, or an Article; (iii) a Report contains only a description of the results of the Services performed by Laboratory Grown Diamond Exchange on an Article using the techniques and equipment available to Laboratory Grown Diamond Exchange at the time such Services were performed; (iv) the results of the Services performed by Laboratory Grown Diamond Exchange on an Article may differ from the results of similar services performed on the same Article by others depend¬ing upon when, how and by whom such services were performed, and may differ in the future as a result of changes and improvements in techniques and equipment; (v) an Inscription does not guarantee identification of an Article because, among other reasons, an Inscription may be removed by polishing; and (vi) the trademark, service mark, logo, words, characters or other symbols of an Inscription, other than an Laboratory Grown Diamond Exchange Report number, or a Laboratory Grown Diamond Exchange trademark, service mark or logo, are solely determined by and attributable to the Client and are neither attributable to or an indication of any determination by Laboratory Grown Diamond Exchange; and (vii) Client shall be solely responsible, and Laboratory Grown Diamond Exchange shall not be held responsible for Client’s description of any Article, including previously issued descriptions and or reports.
  • (7) Client agrees not to misuse or misappropriate, in the judgment of Laboratory Grown Diamond Exchange, the trade name, trademark or service mark, or other intellectual property of Laboratory Grown Diamond Exchange or any of Laboratory Grown Diamond Exchange's divisions. Laboratory Grown Diamond Exchange shall not consider misuse to include "fair use" in advertising, e.g., stating that Client sells Articles accompanied by Laboratory Grown Diamond Exchange Reports which describe the Articles' characteristics, so long as such advertising is neither deceptive nor misleading. Misuse includes advertising, publicity or promotion which implies in any way, that Client, its products or its services are sponsored or approved by Laboratory Grown Diamond Exchange, or which expresses or implies that an Laboratory Grown Diamond Exchange Report is anything other than a descrip¬tion of certain characteristics of a specific Article. The foregoing shall not constitute authorization by Laboratory Grown Diamond Exchange to any use of its trade name, trademark or service mark, or other intellectual property.
  • (8) Client hereby authorizes Laboratory Grown Diamond Exchange to deliver an Article to any person presenting the Receipt for that Article, unless written notice to the contrary has been received by Laboratory Grown Diamond Exchange prior to delivery.
  • (9) Client agrees that Laboratory Grown Diamond Exchange may, in its discretion, return all Articles delivered to Laboratory Grown Diamond Exchange using the same carrier and insured for the same value declared by Client in shipping said Articles to Laboratory Grown Diamond Exchange, if such insurance is available through said carrier. Client agrees that Laboratory Grown Diamond Exchange will only insure registered mail parcels to a maximum value of $50,000. Client further agrees to pay all costs of shipment and insurance to and from Laboratory Grown Diamond Exchange and that Laboratory Grown Diamond Exchange shall not be responsible or liable for losses of any Article if shipped in accordance with this paragraph or with the Client's express written instructions. Notwithstanding the foregoing, risk of loss will pass to the Client upon our transfer of the Article to the carrier.
  • (10) Should Laboratory Grown Diamond Exchange retain attorneys to recover any amounts due under this Agreement, whether or not suit is fixed, or to represent Laboratory Grown Diamond Exchange in connection with any legal proceeding involv¬ing an Article, a Report or Inscription, in which Laboratory Grown Diamond Exchange is not a party and the Client is a party, Client agrees to pay Laboratory Grown Diamond Exchange, in addition to any other amounts due, its attorneys' fees, costs and other expenses thus incurred.
  • (11) Client agrees to comply with the Terms and Conditions, payment terms, and other terms and policies set forth on the Laboratory Grown Diamond Exchange Website. Client understands and agrees the Laboratory Grown Diamond Exchange may, from time to time, amend such terms and policies, with or without giving notice to Client.

The Client has read this Agreement and agrees that this Agreement shall be governed by the laws of the State of New York, without regard to choice of law provisions, and shall supersede all previous inconsistent agreements and understandings between the Client and Laboratory Grown Diamond Exchange regard¬ing the matters described above. You agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this Agreement shall be in the state or federal courts located in the County and State of New York, New York, USA. The undersigned is the Client or has been duly authorized to bind the Client by this Agreement.

________________________________________
________________________________________
________________________________________ Declared value not binding on Laboratory Grown Diamond Exchange



RECEIPT (Not Negotiable)

ARTICLE DESCRIPTION

(Article description not binding on Laboratory Grown Diamond Exchange)

1. _____________________________________________________________________________________________

2. _____________________________________________________________________________________________

3. _____________________________________________________________________________________________

4. _____________________________________________________________________________________________

5. _____________________________________________________________________________________________

Received above article(s)

INSTRUCTIONS

_________________________

Laboratory Grown Diamond Exchange

551 Fifth Avenue, New York, NY 10176

Tel: 877-892-2555 (Toll Free)

_________________________

_________________________

_________________________

______________ ______________ ______________

_________________________

_________________________

Receipt# 000000

© 2019 - LGD|EX

Version 0.7.1