BIG
BIG Certificate Check allows you to quickly and conveniently confirm that the information on your certificate matches what is archived in the BIG database.

General Terms and Conditions

1. Scope

These General Terms and Conditions („Terms”) are applicable to all costumers (the „Costumers” and each, individually, a „Costumer”) of Budapest Institute of Gemology („BIG”).

 

2. Transportation and Insurance

All diamonds, gemstones, pearls, jewllery and other items („Gemstones”) may be delivered to BIG in Budapest, Hungary at Costumer’s risk via courier service or registered mail or other means of transport at the election of the costumer. Any and all gemstones sent to BIG shall be insured by Costumer to their full value, such insurance covering delivery to BIG, the time period during which the Gemstones are at the Laboratory and the return of such Gemstones by BIG to Costumer. Costumer is solely responsible for and shall arrange the completion of all formalities with respect to the import and export of Gemstones into and out of Hungary and the payment of all import and other duties. BIG shall not accept any Gemstones for which import, export and costums formalities have not been completed.

 

3. Fees and Condition of Payment

The fees for BIG’s services shall be governed by BIG’s pricing schedule in effect at the time of the placement and acceptance of any order. The pricing schedule shall be provided to Costumers upon request. Invoices for services rendered become due with the completion of the services and shall be paid via Paypal within 30 days of the invoice date to the following Paypal account of BIG: BIG@bigline.eu

 

4. Delivery Deadlines

BIG does not guarantee the performance of the Services by any specific date. Orders will, however, under normal circumstances be completed by BIG within 5 business days after the receipt of the order. If it is not possible, BIG will inform the Costumer.

 

5. Scope of Services and Certificate

BIG shall deliver to Costumer a Certificate reflecting the results of BIG’s examination of the Gemstones provided to BIG. Only the original Certificate (with all the security features including the hologram, security screen and microprint lines in addition to those not listed here) shall be considered by the Costumer as representing the results obtained by BIG during its examination. Photographs of Gemstones serves solely as a representation of the examined Gemstones and may differ in appearance from the original Gemstones. The results contained in the Report shall be limited to a selection of identified characteristics, which were ascertained during the examination of the Gemstones in accordance with the scientific standards current at the time of the examination. It is possible that a later re-examination of the Gemstones may lead to different results, should the applicable scientific standards for the examination change subsequent to the examination of the Gemstones by BIG.

 

6. Origin of Gemstones

A professional opinion regarding the probable geographic origin of a Gemstone may be given whenever possible and upon request by the Customer. Information concerning the geographic origin of a Gemstone is based on comparisons of internal characteristics, physical and chemical characteristics with the characteristics of reference stones of known identity, the results of continuing scientific research of BIG and published gemmological findings. BIG’s opinion concerning geographical origin of a Gemstone is not an expression of an opinion concerning the quality or value of the examined Gemstone. Designations of geographic origin are expressions of opinion based on known facts and scientific observation but BIG makes no warranty whatsoever regarding the actual origin of any Gemstone. The combination of data may not, in all instances, provide the necessary basis for an origin determination. When such case arises, the lab does not comment as to the origin of the gemstone.

 

7. Explanations with Respect to the Treatment and Handling of Gemstones

We’ll provide descriptions about all the treatments and handling of Gemstones in the Report that is based on known facts and scientific observation. However in accordance with internationally accepted standards, BIG may not mention all types of treatments that may have been applied to or used with respect to the Gemstones under examination. The fact that a particular method or treatment is not specifically mentioned in a Report does not mean that such treatments or methods were not used with respect to the particular Gemstone. Any remarks concerning the presence or absence of any treatment type or method are solely the expression of the findings made by BIG.

 

8. Identification, Grading and Treatment of Diamonds

BIG only grades diamonds which have been determined to be natural. If it is not possible to tell if a diamond is natural or synthetic by observing all of its characteristics BIG will consider it as natural diamond. Synthetic diamonds will be identified as such but will not be graded by quality grades. Symbols used in cut sketches show the approximate size, type, number and location of internal and external characteristics of the examined diamond. If significant characteristics are present, smaller external characteristics as well as minute inclusions may not be included in the sketch. Enhancements to the clarity or coloration of a natural diamond will be mentioned in the Report. However, its quality will not necessarily be graded. BIG notes that certain treatment methods used on diamonds are difficult to detect or can only be detected under very specific circumstances. Accordingly, BIG makes no warranty whatsoever that the analysis performed by BIG has revealed all treatments to which a diamond has been subjected.

 

9. Scientific Research

All data, including but not limited to gemmological, geological or chemical data, which is gathered during the analysis of any Gemstones remains the sole property of BIG and may be freely used for scientific or commercial research purposes by BIG.

 

10. Acceptance of Services

Orders processed by BIG shall be examined by the Customer within five (5) business days beginning on the date of delivery to the Customer. The Services and BIG’s work products shall be deemed to be accepted unless a written notice describing the deficiency is received by BIG within the applicable time period set forth above. The analyses that BIG applies include non-destructive analytical methods.

 

11. Warranty and Liability

BIG shall not be liable under any circumstances to Customer or any other person if (a) the Services or work products prepared in connection with the Services are not used for the intended purpose; (b) any Report prepared by BIG was subsequently modified without BIG’s written consent or (c) the Customer should not have disclosed to BIG all material facts known to the Customer with respect to the Gemstone analysed. Except for the warranties set forth in this section 11, BIG makes no other warranties, either express or implied, with respect to the services by BIG or any of its agents or subcontractors. Any and all warranties, including without limitation, warranties of merchantability or fitness for a particular purpose, are expressly excluded and declined. Customers may not bring any action arising out of or in connection with any transaction covered by these terms unless such action is commenced within six months after the cause of action has accured. The liability of BIG hereunder is expressly limited to direct damages due to gross negligence and willful behaviour incurred with respect to the services by BIG. In no event shall BIG be liable to any person for any indirect, special, exemplary, punitive, incidental or consequential damages including but not limited to loss of profit sor goodwill, or additional expenses incured, wether pursuant to a claim in contract, tort or otherwise and wether ina n action for breach of warranty or otherwise.

 

12. Copyright and Other Intellectual Property Rights

All BIG’s patents, trade secrets, copyrights, trade names, trademarks, service marks, proprietary materials, methods, processes, know-how or other intellectual property and all improvements to any of the foregoing (collectively “BIG Property”) used in connection with the Services shall remain the sole and exclusive property of BIG, and Customer's rights to use such BIG Property shall be limited to those permitted by these Terms. Any BIG Property or improvements thereto which are used, improved, modified or developed by BIG at any time shall be the sole and exclusive property of BIG. BIG hereby grants the Customer a royalty-free, non-transferable, non-exclusive license to use BIG Property solely in connection with the use of any Report created as part of the Services. The Customer agrees that BIG may publish photos of the gemstone for which BIG has prepared a report in its folders, brochures, other publications and on its website, provided, however, that the identity of the owner of the gemstone is not mentioned.

 

13. Payment Default

If Customer fails to pay any invoice for Services provided by BIG in whole or in part on or before the date required, Customer shall pay interest to BIG at the rate of five (5) percent per year. The specification or charging of interest shall not be deemed an agreement to extend credit. If a Customer fails to pay any invoice for services provided by BIG in whole or in part for more than thirty (30) days, BIG may refuse to complete orders which have been, or will be, placed with BIG until such outstanding amounts and any interest on such outstanding amounts owing to BIG have been paid in full. Notwithstanding the foregoing, BIG shall be entitled all other available remedies at law or in equity.

 

14. Governing Law and Jurisdiction; Place of Performance

The construction and validity of these terms shall be governed by the laws of Hungary, regardless of where any order was placed or filed, the place of performance of the service sor delivery of reports or where any other act or performance occured. All services provided by BIG shall be deemed to be provided in Budapest, Hungary. The customer agrees to the exclusive jurisdiction of the courts located in Budapest, Hungary, with respect to any and all disputes arising out of or in connection with the services rendered by BIG.

 

15. Revisions

BIG may change, revise, amend or modify these Terms from time to time. BIG shall provide Customers with written notice of any such changes, revisions, amendments or modifications, provided, however, that any such changes, revisions, amendments or modifications shall become effective without any further action by any party and that they shall not apply to any orders placed and accepted prior to the effective date of such changes, revisions, amendments or modifications.

 

16. Entire Agreement; Modifications or Waivers

These Terms shall be the complete and exclusive statement of the agreement between the parties with respect to the subject matter hereof and supersede any oral or written communications, understandings, acknowledgements or representations or agreements relating thereto.

 

© Budapest Institute of Gemology.

Fény u. 2.

1024 Budapest, Hungary

May 2011

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