Important Limitations for GemLab Reports
A GemLab Report is not a guarantee, valuation or appraisal, and GemLab makes no representation or warranty regarding its Reports, the articles described therein or any inscription thereon. A GemLab Report contains only the characteristics of an article described after it has been graded, tested, examined, and analysed (collectively, “examination” or “examined”), using the techniques and equipment used by GemLab at the time of the examination. The results of any other examination performed on the article may differ depending upon (i) when, how and by whom the article is examined and (ii) the changes and improvements in techniques and equipment that may have occurred which may enable the examiner to detect, among other things, the use of processes for altering the characteristics of an article which use was previously undetectable by GemLab, or alterations which became reversible, even if the process remains undetectable. The trademark, service mark, logo, words, characters or other symbols of an inscription, other than a GemLab Report number, or a GemLab trademark, service mark or logo, are solely determined by and attributable to the Client for whom the Report was prepared and are neither attributable to nor to be understood as an indication of any determination by GemLab.
GemLab can provide its Reports and can make an inscription for a relatively small fee compared to the present and potential value of the article described therein only because the Report and any inscription are subject to the following limitations on the liability of GemLab and the limitations described in the agreements by which the Report and any inscription are made, all of which extend to the Client for whom the Report and any inscription were prepared and to every other person to whom the Report or the inscribed article is distributed or shown:
(1) GEMLAB AND ITS EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR EXPENSE RESULTING FROM ANY ERROR IN OR OMISSION FROM THE REPORT OR FROM THE ISSUANCE OF OR USE OF THE REPORT OR ANY INSCRIPTION, EVEN IF THE LOSS, DAMAGE OR EXPENSE WAS CAUSED BY GEMLAB OR ANY OF ITS EMPLOYEES OR AGENTS AND (2) IN ANY EVENT, GEMLAB AND ITS EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, STATUTORY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, RESULTING FROM ANY ERROR IN OR OMISSION FROM, OR FOR THE ISSUANCE OF OR USE OF, THE REPORT OR ANY INSCRIPTION, OR FOR ANY ERROR IN OR OMISSION FROM THE REPORT OR ANY INSCRIPTION CAUSED BY THE ACTS OF OTHERS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
As a protection to the public and GemLab, the Report, the name, trademarks, service marks and logos of GemLab, or any part of any inscription which relates to a GemLab Report number or to a GemLab trademark, service mark, or logo, may not be used in whole or in part for purposes of advertising, publicity or promotion, and the Report may not be referred to as a guarantee, valuation or an appraisal.