HRD ANTWERP nv - DIAMOND LAB | GENERAL TERMS & CONDITIONS (OF SALE) (January 2015 version)
HRD Antwerp nv. The “HRD Diamond Lab” is a division of and legally represented by HRD Antwerp nv, with registered office at Hoveniersstraat 22, BE-2018 Antwerp and company number 0885.938.315 (and VAT number 0885.938.315). This division offers diamond and jewellery inspections, as a result of which it issues diamond certificates and jewellery reports. The “Diamond Lab” is an independent laboratory with no personal financial interest in the sale of diamonds or jewellery. Certificates and reports are delivered upon personal request by clients for their own use and purposes.
Diamond Certificates: HRD Antwerp nv offers a range of certificates (identifying the 4 Cs of the diamond) including the Diamond Certificate, Diamond Colour Certificate, Laboratory Grown Diamond Certificate, Treated Certificate and Diamond Identification Report (for diamonds under 1.00 ct).
Jewellery Reports: Jewellery Reports describe the characteristics of diamonds and the precious metals of jewellery.
Inspection method. HRD Antwerp nv uses the latest, most advanced state-of-the-art techniques and technologies.
Diamonds must be boiled, and will be inspected using our own methods established in compliance with the “International Rules for Grading Polished Diamonds”.
Jewellery must be cleaned in such a manner that correct grading results can be obtained. Even using the latest techniques and technologies, it will not always be possible to determine whether a diamond set in jewellery has been permanently or non-permanently treated, nor if the stone is a simulant, and HRD Antwerp nv offers no guarantees in this respect. Furthermore, when diamonds are set in jewellery it is not possible to determine if they are natural or synthetic.
If diamonds are not provided boiled and/or jewellery is not provided appropriately cleaned, HRD Antwerp nv reserves the right to refuse to perform the inspection and/or hand over the certificate/report, without prejudice to the obligation to pay for any lab services already carried out, or at a minimum to pay the administrative costs, the amount of which is specified in the price list.
Delivery conditions. The delivery dates indicated by HRD Antwerp nv are specified and (where applicable) confirmed only as an indication, and are not in any way binding: failure to comply with these dates does not give the client any right of recourse. With respect to online services offered by HRD Antwerp nv, please note that HRD Antwerp nv cannot be held liable for service interruptions (including but not limited to time differences and closing hours) or loss of data or profits arising out of access to or use of the HRD Antwerp nv website and/or its online services. Furthermore, HRD Antwerp nv assumes no responsibility and shall not be liable for any damage whatsoever due to unauthorised access by any third party to the website or to passwords, data or information on the website.
Cancellation. Any cancellation of a contract must be made in writing. Cancellation is valid only upon written acceptance by HRD Antwerp nv, and HRD Antwerp nv is also entitled to claim implementation in kind. In the event of cancellation, the client is obliged to pay for any lab services already carried out, or at a minimum to pay the administrative costs, the amount of which is specified in the price list.
Clients and their authorised representatives. Only registered clients of HRD Antwerp nv may make use of the services offered by HRD Antwerp nv. Stones and/or jewellery may be handed over to HRD Antwerp nv in the name of the registered client only by the registered client him or herself, the client’s registered representative or any other person, but always and exclusively at the risk of the person concerned and the registered client.
Only registered clients of HRD Antwerp nv and their registered, authorised representatives are permitted to collect diamonds and jewellery. Any changes to “client details” and/or any requests for identity cards must be notified to HRD Antwerp nv immediately and in writing.
Limitation of liability. Techniques and technologies are subject to change and modification and contain certain subjective elements. Moreover, the methods by which diamonds and jewellery can be treated continue to become more sophisticated. Therefore the certificates and reports produced by HRD Antwerp nv using its own methods are not open to dispute. Neither HRD Antwerp nv nor its appointees are responsible for deviations or variances which may result from repeated inspections or the application of other methods. Since HRD Antwerp nv uses current state-of-the-art techniques and technology, the liability of HRD Antwerp nv and its appointees is also limited with regard to incorrect results and claims (including loss of profit) advanced on the basis of the certificates or reports. Furthermore, the diamonds or jewellery delivered to HRD Antwerp nv are indisputably those indicated on the delivery receipt presented to the client. Complaints or claims in any way related to the services provided by HRD Antwerp nv as described in these General Terms and Conditions will not be accepted after 6 months from the date on which the event giving rise to the complaint or claim occurred. Clients definitively and irrevocably waive their right to damages and have no further right to claim compensation.
Insurance. In the event of damage, theft, robbery or any other damage-causing event, the liability of HRD Antwerp nv or its appointees will be limited to the amount paid to HRD Antwerp nv or its appointees under its insurance policy and which HRD Antwerp nv will pass on to the client (in proportion to the share of the damage suffered by the client); the same applies if the damage was the result of human error or negligence by HRD Antwerp nv or its appointees.
Law enforcement. HRD Antwerp nv is not liable for any diamonds or jewellery in its possession which must be surrendered to the proper authorities under Belgian or international law. This does not release the client from his or her contractual duty to pay the specified fee for the inspection and the preparation of the certificate/report.
Refusal. HRD Antwerp nv reserves the right, at its own discretion, to refuse to provide HRD Antwerp Diamond Lab services to any client if provision of these services could be contrary to the interests of HRD Antwerp nv.
Payment. All services rendered by HRD Antwerp nv or its appointees are completed according to fixed, standard fees. The client acknowledges to be informed of the initial rates and fees associated with services being rendered by HRD Antwerp nv, and which are accessible by the client at all times. HRD Antwerp nv fees are specified in euros and are exclusive of VAT.
The amounts due will be invoiced by HRD Antwerp nv. All invoices issued by HRD Antwerp nv must be paid in EUR within 30 days of the date of the invoice. Any complaint with regard to the amounts invoiced and/or the services provided must be made in writing within 8 days of the invoice date, otherwise the invoice shall be deemed to have been accepted.
Failure to pay the invoiced amount on the due date will result in the legally enforceable and immediate application of penalty interest of 12% per annum on the outstanding amount. In addition, failure to pay the full amount by the due date will result in a legally enforceable and immediate increase of the amount by a fixed and indisputable sum equal to 15% (pursuant to Article 1226 of the Civil Code) by way of fixed and agreed damages of a minimum of 50 euros, without prejudice to late-payment interest and costs of legal proceedings. The interest must be paid per month commenced.
Failure to pay a single invoice by its due date will result in the balance due becoming immediately and legally claimable. The same will apply to the balance of other invoices, even those for which the due date has not yet passed. At that time, the client is in default by operation of law, and HRD Antwerp nv reserves the right to take any legal actions it considers necessary. All related costs will be at the expense of and recovered from the client. If a client has any outstanding invoices, HRD Antwerp nv reserves the right to refuse to take any new commissions. HRD Antwerp nv will also exercise a lien on any of the client’s goods in its possession. The lien will be lifted if the outstanding balance is paid in full by the client.
Failure to collect. HRD Antwerp nv will become the legal owner of any goods not collected within two years from the date indicated on the delivery receipt. Furthermore, HRD Antwerp nv reserves the right to sell such goods for its own profit, without prejudice to the Client's contractual obligation to pay for the services and the drafting of the certificate/report.
Settlement of disputes. Any disputes regarding these General Terms and Conditions fall under the exclusive jurisdiction of the Antwerp District Court (Antwerp division). All legal actions resulting from the application of these terms and conditions will be settled in accordance with Belgian law. All costs associated with collection through legal processes, including lawyers’ fees, will be at the expense of and recovered from the client.
Transport to and from HRD Antwerp nv. Until the moment that the object subject to examination arrives in the HRD Antwerp Diamond Lab and from the moment that the examined object leaves the HRD Antwerp Diamond Lab, the client bears all risks.
The client bears all risks and liabilities with respect to transport of the goods and must comply with the applicable customs legislation. The client will arrange appropriate insurance to cover theft, robbery, loss or damage to the goods during transport to and from HRD Antwerp nv. HRD Antwerp nv cannot be held liable before and until the moment of actual receipt of the goods or after the moment that the goods are handed over to the client or the transport company selected by the client, or sent in any other manner specified by the client.
The client is also obliged to pay the import or export duties, as well as any penalty imposed by the relevant customs office which controls imports and exports, in the event of over or undervaluation.
If the goods will be delivered to HRD Antwerp nv by courier/shipping, HRD Antwerp nv will sign for the receipt of the package, but under no circumstances will be held liable for its contents.
Invalidity, nullity or unenforceability. The invalidity, nullity or unenforceability of one or more sentences, clauses or parts of these General Terms and Conditions shall not affect the validity of the rest of these General Terms and Conditions, which without prejudice continue to exist and retain their effect. The Parties agree that any invalid sentences, clauses or parts of these General Terms and Conditions will be replaced by other provisions so that the legal and economic consequences envisaged by the Parties will still be achieved, or will be approximated as closely as possible.
Priority of these General Terms and Conditions. These General Terms and Conditions take precedence over all previous general terms and conditions, including any which may differ from the above provisions.