Terms and conditions, limitations of liability
For the purpose of this agreement the following words shall have the following meanings set out against them:
LABORATORY |
Sadle London Ltd T/As The GemLab W4 Limited and Marmalade Fine Jewellery |
CLIENT |
An individual, company, firm, body or other organization, who as owner or agent for the owner entrusts or sends any items for testing to the Laboratory |
ITEMS |
Any gemstones, pearls, stones or jewellery containing said objects entrusted or sent to the Laboratory |
REPORT |
A verbal statement or printed report which details the results of a Laboratory examination of loose gemstones. |
VALUATION |
A verbal statement or printed report which details the results of a Laboratory examination of finished jewellery or associated articles. |
Limitation of Liability
The Laboratory shall only be liable to a client for damage or loss of items to the extent that such loss or damage is due to the proven negligence or proven misdeed or proven fraudulent act or default of an employee of The Laboratory, and only to the extent that such liability is covered by the liability insurance policy taken out by The Laboratory and operative at the time of loss or damage. Details of such insurance policy is available on request. Apart from the exception above, The Laboratory shall not be liable in respect of any loss, damage or expense occasioned by any error, omission, or opinion provided in any Report or valuation issued by The Laboratory.
Extent of Financial liability
Any liability whatsoever on the part of The Laboratory is limited to the fee paid for the completed valuation or gemstone report.
Refunds of Fees
We will only consider refunds in the event of due to the proven negligence or proven misdeed or proven fraudulent act or default of an employee of TheGemLabW4 and Marmalade Fine Jewellery,
Limitations of Testing
The information presented by a Report is the result of testing the Items based on the testing equipment available and techniques considered appropriate by The Laboratory at the time the items are tested. The Laboratory shall not be liable for any differences arising from the testing of the Items by another party.
A Gemstone Report is not a warranty, guarantee, appraisal or valuation and The Laboratory makes no representations or warranties regarding any Report.
Take In Procedure
Due to the various limitations imposed during the take-in procedure it is only possible to provide a provisional inspection and the description recorded at that point does not necessarily establish or reflect their true identity or nature.
Generic, non-specific terminology will be utilised when describing such items and/or their component parts.
The true nature of the metals and the correct identification of the gemstones and/ or articles cannot be categorically established until the goods are closely examined after which such nature and identification will be stated on the valuation schedule or gemstone report as the opinion of The Laboratory.
In any event, no liability whatsoever on the part of The Laboratory when taking in the goods, their employees and/or consultant valuers can be entertained if the nature and/or identification of the items listed or their component gemstones is subsequently established to be different from that which is recorded during the take-in procedure.
Remarks recorded during the take-in procedure in respect of the condition of the goods are usually only noted when there is obvious evidence of damage and/or repairs or when gemstones are obviously missing.
On subsequent close examination, if evidence of more obscure damage and/or repairs becomes apparent and/or additional parts or gemstones may be discovered to be missing by The Laboratory we reserve the right to note these findings and notify the client accordingly.
In any event no liability whatsoever on the part of The Laboratory whilst taking in the goods, their employees and/or consultant valuers can be entertained for any omissions and/or errors in this regard during the take-in procedure.
In the client's own interest, any amended errors and/or alterations made to the information recorded during the take-in procedure should be initialled by them at that time.
Nomenclature of Valuations
Conventionally, valuations for insurance reflect replacement prices at 'high street' shops/outlets. This is referred to as New Replacement Values (NRV)
However, there are many alternative sources that can be used to replace items of personal property.
These include auction houses, the internet and television shopping channels.
Should the client specifically request a valuation based on the expectation of obtaining replacements from such a source, or should the valuer consider such a source to be more suitable, the valuer may ascribe the appropriate replacement values for the respective level/category, as specified, and not contemplating any hypothetical projected price(s) applicable to a different market.
Prices ascribed for the contemplated replacement of items at auction will reflect pre-sale high auction estimates plus commissions, premiums, taxes, etc. no responsibility can be accepted should the insurers not accept the level/category selected, be it one of the above or any other.
The Laboratory reserve the right either to refuse to provide a valuation ascribing replacement values in an inappropriate market or to levy reasonable additional fees for the extra work incurred in researching other markets and providing an additional valuation ascribing values at the requested level/category.
Older items which would not be readily replaceable with similar new items are normally valued for insurance on the basis of Second-Hand Replacement Value (SHRV) or Antique Replacement Value (ARV).
However, before The Laboratory allocates such categories of value to relevant items, the client may wish to consider whether such a basis is acceptable to them or their insurers.
Some insurers may seek to exercise their right to replace items lost or stolen themselves and this may well be with new items. In such circumstances and, if advised accordingly, The Laboratory will ascribe New For Old Values (NFOV), as this would be the basis of settlement for such items.
If, in the completed valuation, and where appropriate, any NFOV are ascribed to relevant items, it is because the valuer has been advised that, in the event of a loss, the insured's policy provides for this basis of settlement. However, if the policy provides 'New For Old' cover and the valuer has not been advised accordingly, any second-hand replacement values and/or antique replacement values ascribed may not be relevant and it may be necessary to re-appraise these items.
Further charges may well be incurred should this prove necessary.
Third Party Handling
The Laboratory reserve the right, at their sole discretion, to transmit clients' property by reasonable and/or secure means to outworkers, subcontractors, consultants and/or third parties pursuant to the provision of the services requested by clients.
Associates
The laboratory accepts no responsibility for the acts, commissions or advice of any Associates or 3rd party recommendations.
Title of Goods
Title to the property detailed during take-in is not investigated by The Laboratory when taking in the goods, their employees and/or consultant valuers. The inclusion of any one person's details in the completed valuation does not convey any inference, indication or verification of that person's ownership and/or title to the property specified therein. Furthermore, unless stated on the taking in form, no information has been given to the valuer concerning the origin, acquisition, quality or purchase prices in respect of the property listed.
Variation to Previous Values
The values of the property specified in a completed Valuation or Report from The Laboratory may reasonably vary from the values assigned to the same property by other valuers. Such variances do not necessarily constitute error on the part of any valuer concerned. In the event of serious dispute, The Laboratory, their employees and/or consultant valuers agree to abide by the resolution of disputes procedure specified under article 12 of the NAJ advisory code of practice for valuers (paragraphs 9 to 18 inclusive).
Full and Frank Disclosure
Should the client, for whatever reason, withhold pertinent information and/or supply misleading information and/or false documents that might affect the completed valuation, The Laboratory reserve the right to render the valuation null and void and/or recall the valuation and make any amendments as may be necessary.
In this event, The Laboratory shall be entitled to levy reasonable additional fees for the extra work incurred.
Usage
A Report or Valuation is provided for the sole use of the client, duplication or use by a third party of any sort is prohibited.
Possession of the completed valuation, or any copy thereof, does not carry with it the right of publication nor may the same be used for any purpose by anyone but the named person on the valuation without the previous written consent of the valuer and, in any event, only for the purpose stated and in its entirety.
Legal Matters
The rendering of the completed valuation does not in itself commit The Laboratory, their employees and/or consultant valuers to any further involvement, or involvement in any process of litigation including attendance in court and the giving of oral testimony, unless arrangements are made at a reasonable time in advance and such involvement has been commissioned at our published hourly or daily rate as of that date.
Insurance
The Laboratory shall only accept Items for testing if the client has adequately insured the Items against “All Risks” without recourse against The Laboratory for the period of time during which they are in the possession of The Laboratory.
If a Client requires additional or personal insurance, The Laboratory will endeavour to obtain it on the Client’s behalf from a reputable trade insurer and any premium payable and any other expenses incurred in obtaining such insurance shall be payable by the client to The Laboratory.
Price and Payment terms
All prices quoted include VAT and are payable on or before collection of the reports of goods. We can accept credit or debit cards or bank transfer. Due to the nature of the job some items may require more time or testing and in this case may be subject to additional fees. These will be agreed with the client either verbally or via email prior to carrying out the additional work.
Use of our website and services
Our website, prices, exclusion and limitations of liability is subject to change without notice.
Your Data
Your data protection is important to us and all files will be stored in encrypted secure files and never shared knowingly with third parties
Governing Law and Your Rights
Consumers' statutory rights are in no way affected by reason of any of these limiting conditions, which are to be interpreted under, and are subject to, English law.
