The following describes the terms and condition on which Labtrade offers all its services. By submiting our order form and purchasing any of our services you agree to be bound by this agreement.

Labtrade Gemological Laboratory Agreement: (Effective 7/08/08)

This agreement describes the terms and conditions applicable to the purchase of the Labtrade Gemological Laboratory services. This document is a binding legal contract and is intended to protect the customer, as well as Labtrade Gemological Laboratory. Labtrade Gemological Laboratory may change this users agreement at any time by posting the new terms here on this page on our website located at terms.html. All terms will automatically effective one day after they are initially posted on our company website. This agreement is effective for all services offered by Labtrade Gemological Laboratory.

1) Report Terms:
Reports are supplied at the request of the customer and it is for the customer's exclusive use. Reports express an opinion at the time of the examination of the diamond, gemstone or jewelry. This report is for the customers use only for the following two purposes, indicating estimated retail replacement value to obtain insurance coverage, or for the purpose of providing gemological information. Labtrade Gemological Laboratory does not guarantee that the report valuation will result in a sale at that price. Estimated retail replacement value is arrived after analyses of what the approximate high retail cash asking price is for labor, materials, and design. These prices may be substantially higher then actual transaction prices. Labtrade Gemological Laboratory report value is based on current information, and does not contain any information regarding future or past value. Labtrade Gemological Laboratory has made no representation or warranty with regards to any item described in the reports. Diamond, gemstone or jewelry grading is not an exact science, this report represent the best opinion of the company. Labtrade Gemological Laboratory is in no case responsible for differences that occur by repeated grading by other experts in the field and/or use of other standards, norms, methods or criteria other than those used by Labtrade Gemological Laboratory. Labtrade Gemological Laboratory is expressly held harmless by customers including, but with out limitation for any claims or actions that may arise out of negligence in connection with the preparation of this Laboratory report, or actions based upon the customer's use of the report. The information on the carat weight, clarity grade, color grade on this report is approximate on jewelry due to the limitations in Jewelry grading. The item was tested, graded, and examined under 10X magnification using the techniques and equipment available to Labtrade Gemological Laboratory , including fully corrected triplet loupe, binocular microscope, master color comparison guides, diamond color comparison tools, electronic carat balance, non-contact optical measuring device, and ancillary instruments necessary at the time of examination.

2) Prices:
See Order Packing Slip for prices.

3) Program Billing:
Purchase of the 30/30, 20/20 and Combo allows client to receive a special price.

i) Client may send less then the required quantity of pieces purchased for program reports, resulting in a credit to client until all reports are used up.

ii) Client may send more then the required quantity of pieces purchased for program reports and be billed for the excess at the same price as the average program charge per piece.

iii) Client that send pieces to use up a credit balance, but send more then the credit owed, can choose to flip the extra pieces into a new program just by choosing the program of choice on the order packing slip, or they can choose the single reports and in that case the single prices apply and no credit balance remains. 30/30, 20/20 and Combo programs credits are non-refundable.

4) Intake:
Packages received by the Labtrade Gemological Laboratory are audited for inventory accuracy, and if a discrepancy exists, and does not match the order packing slip included with the shipment, the order packing slip will be updated by the Labtrade Gemological Laboratory to reflect the correct inventory, then reported to the owner before we proceed with grading. Labtrade Gemological Laboratory is not responsible for senders loss or damage caused by unexplained mysterious disappearances or shortage disclosed upon taking inventory, missing items, or empty boxes due to fraud.

5) Payment Terms:
Payments are due on COD terms by cashiers check, money order, credit card, or by a regular check on special approval by the Labtrade Gemological Laboratory.

6) Customer Disputes:
Labtrade welcome disputes but reserves the right to refund the customer in exchange for the original report. No disputes may be requested without the original item present.

RATE/PRICING. Shipment pricing and rates shall be as follow. Customer agrees to pay Labtrade the rates incurred by Labtrade for shipping packages from and back to client, that are charged under the carrier published rates based on customers requested carrier service. Labtrade charges an additional $9.95 for handling shipping packages from and back to client for all USPO shipments.

10) Hyperlink agreement:
Many of our friends have asked us about linking their Web pages to ours. At the same time, we have also noticed an increase in the use of our name in links without our permission. In order to guarantee consistent and proper usage of links to the Labtrade Gemological Laboratory site, we're pleased to offer you link to http://www.lglab.com.

You may provide a link to this Web site to here http://www.lglab.com, only from another Web site, provided you agree to the Link conditions described below. By establishing a link to a Labtrade Gemological Laboratory Web site you agree to these link conditions.

1. that the link only consists of a good taste image or wording, and the link goes to http://www.lglab.com;
   
2. that you will update all images and text within seven days after receipt of notice of any changes requested from Labtrade Gemological Laboratory that may modify images and text at any time;
   
3. that the link must "point" to the URL http://www.lglab.com and not to other pages within the Labtrade Gemological Laboratory Web site;
   
4. that except for a limited, non-exclusive, nontransferable, royalty-free license to use the link image on your Web site solely for the purpose of providing a hyperlink to Labtrade Gemological Laboratory Web site, you acknowledge and agree that
   • Labtrade Gemological Laboratory trademarks, name and linking image , including, but not limited to, the familiar "Labtrade Gemological Laboratory" mark and "Labtrade Gemological Laboratory logo" (collectively, the "Marks"), Labtrade Gemological Laboratory Web site and its contents are and shall remain the sole property of Labtrade Gemological Laboratory;
   • nothing in this Agreement shall give you any right of ownership in the Marks, link image or Labtrade Gemological Laboratory Web site;
   • you shall not now or in the future contest the validity of the Marks;
   • you shall not take any action that would impair the value or goodwill associated with the Marks, link image or Labtrade Gemological Laboratory image or reputation;
   • you shall not use the link image in any way that might be misleading;
5. that you will not use the link or link image to disparage Labtrade Gemological Laboratory and its services;
   
6. that the appearance, position and other aspects of the link image may not be such as to misrepresent your relationship with Labtrade Gemological Laboratory , or present false or misleading impressions about Labtrade Gemological Laboratory or its services;
   
7. that the appearance, position and other aspects of the link image may not create the false appearance that you or any non-Labtrade Gemological Laboratory entity or any non-Labtrade Gemological Laboratory product or service is associated with, or endorsed, or sponsored by Labtrade Gemological Laboratory;
   
8. that the link, when activated by a user, must display this Web site full-screen and not with a "frame" on the linked Web site or use other techniques which alter the visual presentation or content of Labtrade Gemological Laboratory 's Web site, such as the imposition of browser windows or third party content;
   
9. that the link image may only be used on your Web site, and not for any other purpose including, but not limited to promotion, advertising or publicity for your Web site;
   
10. that the link image must be displayed adjacent to a reference to Labtrade Gemological Laboratory or at the bottom of that same page;
    
11. that the link image must be surrounded on all sides by a clear zone. The clear zone must measure no less than the height of the image;
    
12. that you may not alter or change the link image in any way, including color, size, proportions, etc. or animate or change its perspective;
    
13. that you may not deviate or edit any of the technical code that accompanies the image;
    
14. that the linking Web site may not contain materials that may be interpreted as distasteful or offensive and should be appropriate for all age groups;

That Labtrade Gemological Laboratory has the right to terminate this Agreement with or without cause at any time, and may amend this Agreement without notice at any time;

Labtrade Gemological Laboratory reserves the right to revoke its consent to the link at any time in its sole discretion by amending this Hyperlink Agreement.

Many trade professionals employ the Labtrade Gemological Laboratory to perform one of its many services, they are trusting in on its expertise and standards of quality, attention to detail, and sensitivity to customer needs. With offices on the U.S. coast in Las Vegas, and Bangkok, Thailand the Labtrade Gemological Laboratory has established itself as a leader in the jewelry industry with the ability to serve the entire domestic jewelry industry.

You agree that any dispute arising out of or relating to these Terms or any content posted to the Labtrade Gemological Laboratory Web site including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of Nevada, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Clark County, Nevada as the legal forum for any such dispute.

You agree to defend, indemnify and hold Labtrade Gemological Laboratory , its trustees, officers, employees and agents from and against any claims, demands, damages, causes of action, loss or judgments arising from your breach of this Agreement or your hyperlink to Labtrade Gemological Laboratory Web site.

YOU EXPRESSLY AGREE THAT THE USE OF THE Labtrade Gemological Laboratory MATERIALS, MARKS, LINK image AND WEB SITE IS AT YOUR SOLE RISK Labtrade Gemological Laboratory DOES NOT WARRANT THAT ITS SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, Labtrade Gemological Laboratory PROVIDES THIS ACCESS "AS IS" WITHOUT WARRANTY OF ANY KIND. Labtrade Gemological Laboratory DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NONINFRINGEMENT. IN NO EVENT WILL Labtrade Gemological Laboratory BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF DATA, LOSS OF BUSINESS OR OTHER LOSS ARISING OUT OF OR RESULTING FROM THIS AGREEMENT OR THE USE OF ANY OF THE MATERIALS, MARKS OR LINK image UNDER THIS AGREEMENT OR ACCESS TO ANY OF THE SERVICES DESCRIBED IN THIS AGREEMENT EVEN IF Labtrade Gemological Laboratory HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OF Labtrade Gemological Laboratory AND REGARDLESS OF WHETHER SUCH LIABILITY IS FOUND IN CONTRACTS.

11) Reserve The right To Restrict Access:
We reserve the right to restrict access to any of our Internet sites. We have the right to block or otherwise refuse service to any one that has breached this agreement. If we send notice in any form or we add any name to a blocked list on any site, the Buyer is considered banned from any further transaction with Labtrade Gemological Laboratory Service regardless of any alias used.

13) Liability Limit:
Labtrade Gemological Laboratory Service is not responsible for the use or misuse of any of our services. Our maximum liability will not be greater than the actual amount paid for the service.

14) General:
Any legal controversy or legal claim arising out of or relating to this Agreement, our services or products shall be resolved in the jurisdiction of Labtrade Gemological Laboratory home office in Clark County, Nevada. By making a purchase with Labtrade Gemological Laboratory Service, and or using the services buyer and seller agrees to submit to the jurisdiction of Clark County, Nevada, and specifically waives any defense of lack of personal jurisdiction. Labtrade Gemological Laboratory Service further sets the sum of $100.00 as liquidated damages for breach of this agreement. In the event the court rules against Labtrade Gemological Laboratory Service, we will pay the judgment within 30 days unless an appeal is filed. In the event the court rules in favor of Labtrade Gemological Laboratory Service, we may charge the judgment to the customer's credit card on file unless appeal is filed. Access to Labtrade Gemological Laboratory Service through the Internet shall not be construed as Labtrade Gemological Laboratory Service's purposeful availment of the privileges or benefits of doing business in any state or legal jurisdiction other than the State of Nevada. This Agreement shall be governed by and construed in accordance with the Laws of the State of Nevada, without regard to its conflicts or choice of laws principles. In any legal action arising out of or relating to this Agreement, our services or products, the Clark County Court, State of Nevada, shall have sole and exclusive jurisdiction and venue, over such action, or if that court lacks subject matter jurisdiction, the Labtrade States District Court for the District of Nevada, shall have sole and exclusive jurisdiction and venue over such action. Any Judicial claim or action arising out of this Agreement, or shipment by or through LABTRADE. must be filed in Las Vegas Superior Court, in Las Vegas, Nevada. All Parties agree to forebear from bringing a claim in any other county or jurisdiction. Nevada law shall apply.