This report of test result (this “Report”) is issued by Hong Kong Gemological Research and Authentication Centre Company Limited (“the “Issuer”) to the addressee (“you”) and shall be subject to the following terms and conditions.
This Report does not represent a guarantee or valuation, and the Issuer does not make any guarantee, representation or warranty (whether expressed or implied) regarding this Report or the article described herein. To the fullest extent permitted by law, any conditions, undertakings, warranties or other terms implied by statute or common law are excluded. This Report contains a pure description of the characteristics of the article presented for examination based upon the application of the techniques and equipment available to and used by the Issuer at the time of its examination. Different descriptions of the article may be given depending upon when, how and by whom the article is examined, and may differ in the future as a result of changes and improvements in testing techniques and equipment. The Issuer shall not be held liable for any discrepancy which may result from the application of different testing techniques and/or equipment.
This Report is specifically subject to all the limitations on the liability of the Issuer as contained herein, all of which shall extend to you as our client for whom this Report was prepared: –
(1) THE ISSUER AND ITS DIRECTORS, EMPLOYEES AND AGENT(S) SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, COST, EXPENSE, LIABILITY OR CLAIM ARISING FROM OR RELATING TO ANY ERROR IN OR OMISSION FROM THIS REPORT OR FOR THE ISSUANCE OF, USE OF OR RELIANCE UPON THIS REPORT (OR ANY PART THEREOF), FAULTY EQUIPMENT OR DELAYS OR ANY OTHER CIRCUMSTANCES RELATING TO THE TESTING PROCEDURES, EVEN IF CAUSED BY OR RESULTING FROM THE NEGLIGENCE OR OTHER FAULT (EXCEPT FRAUD, WILFUL MISCONDUCT OR GROSS NEGLIGENCE) OF THE ISSUER OR ANY OF ITS DIRECTORS, EMPLOYEES OR AGENT(S);
(2) IN ANY EVENT, THE ISSUER AND ITS DIRECTORS, EMPLOYEES AND AGENT(S) SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSSES, DAMAGES, COSTS OR EXPENSES (INCLUDING WITHOUT LIMITATION ANY ECONOMIC LOSS OR LOSS OF TURNOVER, PROFITS, BUSINESS OR GOODWILL) ARISING FROM OR RELATING TO ANY ERROR IN OR OMISSION FROM THIS REPORT, OR FOR ANY ERROR OR OMISSION CAUSED BY THE ACTS OF OTHERS, OR FOR THE ISSUANCE OF, USE OF OR RELIANCE UPON THIS REPORT, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSSES, DAMAGES, COSTS OR EXPENSES; AND
(3) TO THE EXTENT PERMITTED BY LAW, AND IN CIRCUMSTANCES WHERE THE ISSUER HAS NOT EFFECTIVELY EXCLUDED LIABILITY TO YOU IN CONNECTION WITH THIS REPORT, THE MAXIMUM LIABILITY OF THE ISSUER TO YOU, WHETHER IN CONTRACT, TORT, NEGLIGENCE, BREACH OF STATUTORY DUTY OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT THE ISSUER RECEIVES AS A FEE IN CONNECTION WITH THIS REPORT.
Neither this Report nor the name, trademarks or service marks of the Issuer may be used in whole or in part for purposes of advertising, publicity, promotion or any other purposes, without the express and prior written authorization of the Issuer.
This Report pertains only to the specific article stated herein as examined by the Issuer and does not in any way apply to the bulk, if any, from which the specific article is taken (as a sample or otherwise).
This Report is rendered only to you and is solely for your benefit and may be relied upon solely by you as our client to whom the Issuer renders examination service and to whom this Report is issued. This Report may not be relied upon by, and may not be delivered to, any other person, firm, company or corporation for any purpose without the Issuer’s prior written consent. Your rights and/or benefits in connection with this Report are not transferable or assignable to any other party whatsoever, regardless of who currently and/or subsequently owns the examined article which forms the subject of this Report. The Issuer has used all reasonable endeavours to ensure that the Report is accurate. The Issuer does not accept any liability whatsoever for any loss, damage, costs or expenses (including but not limited to those set out in paragraph (1) and (2) above)) arising from or in connection with the use of or reliance on this Report by any third party.
The above notes have also been translated into Chinese but are for information only and in case of any conflict/discrepancy between the English version and the Chinese version, the English version shall prevail.