HRD ANTWERP nv - DIAMOND LAB | GENERAL TERMS & CONDITIONS (OF SALE)
(September 2021 version)
HRD Antwerp nv.
The service provider is HRD Antwerp nv, with registered office at Hoveniersstraat 22, BE-2018 Antwerp, Belgium and registration number 0885.938.315 (hereafter ‘HRD Antwerp’), more specifically the department ‘Diamond Lab’ . The Diamond Lab offers the services described in art. 2 (hereafter the ‘Service(s)’).
Goods: Unmounted polished diamonds and/or jewels
Client: Registered client, who has completed the KYC-procedure (Know Your Customer), providing all necessary information with regard to anti money laundering legislation, amongst others but not limited to its legal or statutory representation and any other person, appointed to deposit or collect Goods at HRD Antwerp. The Client is obliged to notify immediately HRD Antwerp in writing of any changes to its registration information.
Services: the Goods are analysed in accordance with the HRD Antwerp grading rules as amended from time to time, and as explained on the webpage https://www.hrdantwerp.com/en/4cs. The analysis results into one of the following reports : (i) Diamond Grading Reports as mentioned on the webpage https://www.hrdantwerp.com/en/grading/diamond-grading-reports. (ii) Jewellery reports, as mentioned on the webpage https://www.hrdantwerp.com/en/grading/jewellery-reports. (iii) Screening & Detection service as mentioned on the webpage https://www.hrdantwerp.com/en/grading/screening-and-detection-system. Goods can only be transferred to HRD Antwerp by Clients represented by their legal or statutory representative or any person appointed in the KYC-documents, at the sole responsibility of the Client. HRD Antwerp has a discretionary right to refuse or decline Goods and/or the provision of Services.
Parties: HRD Antwerp and the Client.
Party: HRD Antwerp or the Client.
T&C: these terms and conditions.
Agreement: the agreement between the Parties, for which these T&C apply, for the provision of the Services.
Notwithstanding any other written agreement, these T&C are applicable to each Agreement between the Parties and to all Services, whatsoever or howsoever, superseding any potential earlier terms and conditions. The Client acknowledges to have read and approved these T&C. HRD Antwerp reserves the right to change the T&C at any given time. In case of conflict between these T&C and any other written agreement, the later will prevail. The Client accepts the T&C without any prejudice, and with the exclusion of the Client’s own terms and conditions, even when communicated at a later date.
The applicable prices for the Services are those indicated in the latest Diamond Report ANTWERP Standard Price List, excluding VAT. All prices can be altered at any time. The latest applicable price list can be consulted on the website: www.hrdantwerp.com or at the Diamond Labs counter. Only upon approval by HRD Antwerp and after a signed agreement, the Diamond Report ANTWERP Corporate Price List can be applied.
Performance of the Services.
Payment conditions. Invoicing and payment.
The invoices of HRD Antwerp are to be paid on delivery of the invoice (Cash on Delivery – COD), unless Parties have agreed otherwise in writing. In the latter case, the following conditions apply:
The intellectual property rights on the certificate or grading report such as the name, trademark, logo, or any other intellectual property of HRD Antwerp or one of its affiliated companies remains at all times the intellectual property of HRD Antwerp or its affiliated companies. Through the performance of the Services, no intellectual property is transferred to the Client. The Client therefore does not possess the right to copy or to reproduce the certificate or grading report in any way and as such the Client cannot, in whole or in part, use the certificate or grading report in any (commercial or promotional) way that would infringe the rights of HRD Antwerp, without the prior written approval of HRD Antwerp.
HRD Antwerp bears no responsibility nor liability for the transport of Goods from and to HRD Antwerp, thus before the moment the Goods are accepted by the notice of receipt by HRD Antwerp at its address, and after the Goods have left this address. The Client is responsible for and bears the risks and costs of the transport. The Client will therefore arrange adequate insurance against theft, robbery, damage or loss of the Goods (caused) during transport. All obligations, taxes, VAT and/or charges, of whatever nature, relating to the Goods and/or the transport from and to HRD Antwerp, including any new taxes, VAT and charges installed after the start of the Agreement, are solely the responsibility of the Client.
If and when (i) HRD Antwerp has, at any given time, doubts relating the solvency of the Client caused by acts of judicial enforcement against the Client, and (ii) in case of non- or late payment of one or more invoices and/or (iii) any other relevant situation that causes doubt regarding the solvency of the Client, HRD Antwerp retains the right to deny/suspend Services, or to request (further) sureties, even when the Services are already performed in whole or in part. Should the Client refuse to provide such sureties, HRD Antwerp has the right to terminate the Agreement with the Client with immediate effect and without any right of the Client to claim damages. Any Services already performed at the moment of termination need to be paid by the Client as per the price list.
Force Majeure and hardship.
HRD Antwerp does not provide any guarantee relating to the results of any Services on the Goods and no certificate, report or other type of document or communication can be construed as being a form of guarantee, valuation or estimate. HRD Antwerp furthermore cannot guarantee the possibility to ascertain whether or not mounted diamonds are (permanently) treated, nor to ascertain whether or not the mounted diamond is natural.
Any complaint regarding the Services or any damage to the Goods must be notified in writing to HRD Antwerp within 8 calendar days after such damage was known, or should reasonably have been known, to the Client. Each claim regarding damage to the Goods towards HRD Antwerp is subject to a limitation period of 1 year after the occurrence of the facts leading to the damage claim when known, or should have been known, to the Client.
Collection of the Goods.
When the Goods have not been collected within two years after the agreed time for the performance of the Services, HRD Antwerp will become the legal owner of the Goods and consequently has the right (but not obligation) to sell the Goods and use the received price for the payment of all outstanding invoices, notwithstanding the Client’s obligation to pay for the Services.
When any of the articles, in whole or in part, of these T&C are unenforceable or otherwise in conflict with any mandatory legal provision, the validity and enforceability of the remaining articles or the remaining part of respective unenforceable or conflicting article of the T&C shall not be effected. The invalidity of any clause will not result in the invalidity of the entire Agreement between Parties. Parties agree to replace any invalid clause with a valid clause or clauses which will correspond with the intention of the Parties and the spirit of the Agreement, as much as possible.
Law and jurisdiction.
Any Agreement to which these T&C apply, including all other agreement resulting therefrom, will be solely subject to Belgian law and all legal proceedings are subject to the exclusive jurisdiction of the courts of Antwerp, division Antwerp.
De Algemene Verkoopsvoorwaarden zijn beschikbaar in het Nederlands op uitdrukkelijke vraag van de koper.
Les Conditions Générales de Ventes sont disponibles en français à la demande du client.