TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) apply to all reports issued by Flawless Gemological Laboratories, FGL Laboratories reports (the “Document”) are subject to these Terms, which may be modified from time to time. In the event of any conflict between these Terms and any language printed on the Document, these Terms control and supersede. Updates to these Terms will be posted on this website (www.fgl-labs.com). Please return to the website at any time to ensure that you have the latest version of these Terms.
We are the owner or the licensee of all intellectual property rights on Our Site, and in the material published and other materials contained or displayed on Our Site. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of Our Site for commercial purposes without obtaining a licence to do so from Us or our Licensors.
FGL Laboratories has no financial interest in the diamond(s), whether mounted or unmounted, described in the Document (the “Diamond”), other than the fee it receives for its services. An FGL Laboratories Document is not an appraisal, guarantee or valuation, and FGL Laboratories makes no representations or warranties regarding the Document, the Diamond described therein.
If the Document is altered in any way, it is automatically void and may not be relied upon for any purpose whatsoever.
FGL LABORATORIES DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY LAW.
The Document contains a description of the characteristics of the Diamond based upon the application of the grading techniques, testing procedures, and equipment available to and used by FGL Laboratories at the time of its examination. The results of any other examinations performed on the Diamond may differ depending upon when, how, and by whom the Diamond is examined, and may differ in the future as a result of changes and improvements in examination techniques and equipment, as well as changes in the condition of the Diamond, including those caused by ordinary wear and tear or artificial
treatments, enhancements, or processes intended to alter the characteristics of the Diamond, including the use of processes for altering the characteristics of a Diamond which use was previously undetectable by FGL Laboratories, or alterations which became reversible, even if the process remains undetectable. The Diamond has been examined using technology and equipment available to and used by FGL
Laboratories. FGL Laboratories’ grading systems and terminology may not directly correlate to the systems and terminology used by other examiners. For example, with regard to fancy-colored diamonds, the FGL Laboratories term “Fancy” may not directly correlate to the term and grade of “Fancy” in other grading systems.
All three quality factors of Cut, Color, and Clarity can dramatically affect the beauty and value of a diamond. Therefore, it is advisable to consult a Certified Gemologist or other credentialed gemologist, before purchasing the Diamond. FGL Laboratories’ opinions regarding the Diamond’s Cut, Color, or Clarity, if any, are limited to those expressly set forth in the Document. FGL Laboratories can provide the Document for a relatively small fee compared to the present and potential value of the Diamond only because the Document is subject to the liability limitations and disclaimers set forth here, and the limitations described in the agreements by which the Document is made, all of which extend to the client for whom the Document was prepared and to every other person to whom the Document is distributed or shown.
TO THE FULLEST EXTENT PERMITTED BY LAW, FGL LABORATORIES, ITS OWNERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR: (1) ANY LOSS, DAMAGE, OR EXPENSE (INCLUDING SPECIAL AND CONSEQUENTIAL DAMAGES) FOR ANY ERROR IN OR OMISSION FROM THE DOCUMENT, EVEN IF CAUSED BY OR RESULTING FROM NEGLIGENCE OR OTHER FAULT (EXCEPT FRAUD, WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE); OR (2) ANY ERRORS, OMISSIONS, OR ACTS OF ANY THIRD PARTIES; EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BEFOREHAND. IN THE EVENT FGL LABORATORIES IS FOUND LIABLE FOR ANY SUCH CLAIMS, ITS TOTAL LIABILITY SHALL BE LIMITED TO THE FEES IT RECEIVED FOR EXAMINING THE DIAMOND AND ISSUING THE DOCUMENT.
As a protection to the public and FGL Laboratories, neither the Document nor the name, trademarks, or service marks of FGL Laboratories, FGL Lab Services, Flawless Gemological Laboratories® (FGL International ), may be used in whole or part for purposes of advertising, publicity, or promotion without prior written approval of FGL Laboratories, FGL Lab Services, or Flawless Gemological Laboratories , as appropriate, and the Document may not be referred to as an appraisal or certificate of warranty. FGL Laboratories makes no representation or warranty of the origin of the Diamond described
in the Document.
Any client trademarks, logos, or patent information are included on a Document at client’s request and are merely for information and marketing purposes. FGL Laboratories claims no right, title, or interest in, or liability for, the use of such marks, logos, or patent information. The inclusion of a client trademark, logo, or patent information shall not be deemed to imply any sponsorship by, endorsement of, or affiliation between FGL Laboratories and the client, or representation by FGL Laboratories that the client has valid, enforceable rights in any such mark, logo, or listed patents or that any listed patents are applicable to the item described in the Document. FGL Laboratories does not independently verify the validity, enforceability, scope, or applicability of any client trademarks, logos, or patents. Any questions regarding a client trademark, logo, or patent should be directed to the client.
The manufacturer/FGL Laboratories client that supplied the item (and whose name and logo may appear on the Mounted Goods Document) may have also supplied certain limited information that is reflected in the Mounted Goods Document, as indicated on the Mounted Goods Document. Other than supplying this limited information and submitting the item to FGL Laboratories for examination, the manufacturer/client performed no role in evaluating the item, assigning any grades to the item, or generating the Mounted Goods Document. The inclusion of the manufacturer/client’s name and/or logo on the Mounted Goods Document (if applicable) is done merely for informational and marketing purposes. FGL Laboratories and the manufacturer/client are not joint venturers, partners, or agents of one another.
Given the limitations imposed by the Item(‘s/s’) mounting, FGL Laboratories’ ability to evaluate the Item(s) is limited to the extent that the mounting permits. Accordingly, FGL Laboratories does not independently verify or warrant the total estimated carat weight supplied by the manufacturer.
The terms “Average Color” and “Average Clarity” if used on the Mounted Goods Document, refer to the average range of grades applied to the multiple stones in the mounting(s). The terms “Minimum Color” and “Minimum Clarity” if used on the Mounted Goods Document, refer to the range of grades applied to the diamond with the lowest grade of the stones that have been examined in the mounting(s). FGL Laboratories does verify that any hallmarks or stamps included in the manufacturer’s description do, in fact, appear on the item(s), but it does not test, verify or warrant the Item(‘s/s’) actual metal content. The manufacturer’s description on the front of the Mounted Goods Document has not been independently verified by FGL Laboratories, except as expressly set forth above. The photo of the Item(s) on the Mounted Goods Document is a representative stock photo. The Item(s) examined may differ in appearance from the stock photo. For security purposes, each Item(s) examined by FGL Laboratories is tagged with an FGL Laboratories Summary number. Please verify this number on the website.
If you have any questions, please contact us by email at [email protected].