DIAMOND / GEMSTONE / JEWELRY CONSULTING AND SERVICING AGREEMENT
I am pleased to confirm your selection of Jewelry Appraisal and Gemological Institute, Inc.,
(hereinafter referred to as “JAGI”) for your diamond/gemstone/jewelry consulting and servicing
needs. Our highly trained team includes GIA graduate gemologists and jewelers that use stateof-the-art equipment in consulting, appraising, repairing, servicing and designing jewelry,
diamonds, gemstones and watches. We appreciate your confidence in allowing us to work with
you. This Agreement will summarize the terms of our services and describe other important
aspects of our relationship.
A. OUR OBLIGATION
JAGI’s obligation to provide services commences when we receive a signed copy of this
Agreement, payment is made per the attached Work Order and the diamonds/gemstones/
jewelry described in the Work Order are received by JAGI.
B. SCOPE OF WORK AND FEES
JAGI shall provide the services identified in the Work Order. We typically provide a time
estimate to complete our services. We will contact you within the estimated time period with the
status of our work in progress and to inform you if we cannot complete the work within our
estimated time period. Sometimes repairing, designing, restoring, jewelry and making repairs
and cutting diamonds and gemstones is complex and may require additional time to analyze
and execute the best plan for each situation. We have found, in this industry, it is best not to do
a rush job.
1. Effective Date. The effective date shall be the date you execute this Agreement and the
diamonds/gemstones/jewelry described under the Work Order are received by JAGI (the
2. No Refunds. By accepting the terms of this Agreement, you agree and understand that
you are foregoing the right to claim any refund of fees paid under this Agreement. You further
agree that this no refund policy applies if you cancel after you have paid for services under this
3. Notice. You agree to accept all notices from JAGI by personal service, text message
(“SMS”), e-mail and US mail at the e-mail and address provided below. Any such notice shall
be deemed to have been given upon transmission of the e-mail or delivery of regular mail. You
may change your e-mail or physical address by notifying us in writing.
4. Evaluation and Consultation. Our first step is to consult with each customer and
analyze your needs. We then provide our best recommendation and options based on our professional
evaluation of your particular situation.
5. Our Services and Inherent Risks. There are inherent risks of damage when repairing,
restoring, servicing and designing jewelry and watches and when cutting and handling
diamonds and gemstones. The following are some inherent risks related to our services:
A. Diamonds and Gemstones: There are inherent risks when cutting, re-cutting,
setting, repairing, polishing, clarity faceting, drilling, laser repairing, enhancing, deep diamond
boiling and servicing diamonds and gemstones. Many diamonds and gemstones have
inclusions, cracks and conditions that make them susceptible to breaking, chipping, cracking
and other damage as a result of any of the above processes. Even those with no inclusions or
cracks can be broken with the slightest pressure. For this reason, we only work with customers
that fully understand and agree that JAGI is not responsible for damage caused when servicing
diamonds and gemstones. By signing below, you agree that JAGI, its employees, agents and
contractors are not liable for any damages or loss to any diamonds or gemstones as a result of
any of the services referenced herein.
B. Jewelry and Watch Repairs, Servicing and Restoration. Our jewelers take
great care and pride in repairing, servicing and restoring jewelry and watches. Some repairs are
relatively straight forward and others are much more complex and difficult. There are inherent
risks of damage when repairing, servicing and restoring jewelry and watches. For instance, the
delicate nature of antique jewelry makes it more susceptible to damage. Some esoteric
materials and parts found in older jewelry and watches have little intrinsic value but are very difficult to
replace or recreate. Jewelry and watches typically are exposed to wear and tear of day-to-day
use and the ravages of time and the elements which make them difficult to repair and restore.
Some metals over time scratch, patina and change in color and texture which make them very
difficult to clean, repair, polish and match. Our jewelers and technicians do their very best in
each situation to maximize the best result for each customer. By singing below you agree that
JAGI, its employees, agents and contractors are not responsible for any damages or loss
caused from repairing, restoring, polishing, and servicing jewelry and watches.
C. Concierge Service. Our trained in-house concierge can assist you in locating,
purchasing and grading diamonds, gemstones and jewelry of every cut, style and size to suit
budget. Our concierge services do not include any warranty and/or guarantee relating any of the
diamonds, gemstones, jewelry and/or watches you purchase. The final choice to purchase lies
exclusively with you, the customer. By singing below you agree that JAGI, its employees, agents and contractors are not responsible for any damages or loss resulting from providing concierge
services. You further agree that JAGI does not provide any express and/or implied warranties of
any kind associated with any of its concierge services.
D. Appraisals and Reports. Our services include the preparation of diamond/
gemstone/jewelry appraisals and reports as described in the in the Work Order. There are
different types of reports that we prepare depending on what is requested by the customer,
including but not limited to, a full report (“Full Report”) or an appraisal/ID card (‘ID Card”) which
contain less detail than a Full Report. Any appraised value included in a Full Report, ID/Card or
any other type of appraisal/report is based on the Replacement Value of an item. Replacement
Value is based on the cost necessary to replace the appraised item(s). Replacements may
encompass new items of the same kind and quality or similar items of the same kind, age and
quality. This appraisal method takes into consideration wear and defects. Our typical time
estimate to complete a report is 15 days or less. We will contact you within 15 days with the
status of our work in progress if, for any reason, we cannot complete an appraisal within our
estimated 15-day time period. All items are accepted and returned “AS IS.” We do not clean,
polish, alter or modify any of item unless we agree to do so in writing in the attached Work
Order or under a separate agreement.
The information contained in our appraisals, Reports and
ID/Cards, including but not limited to, the value, grading, measurements, weights, color, size
and any other characteristics of each item examined are based on our best efforts, training and
analysis of the item, using the information, techniques and equipment available to us at the
time of the examination. Specifically, the value, characteristics, weights, color, size,
measurements and characteristics of an item are an approximation using these techniques,
equipment and our expertise and training. Some mountings, alterations and enhancements of
diamonds, gemstones and jewelry make it difficult to accurately identify the characteristics of an
item. All parties acknowledge and agree that jewelry, diamond and gemstone appraisals and
characteristics described in a report are very subjective in nature and the opinion by one
gemologist, appraiser or expert may differ from that of another examining the same item. You
agree that any appraisals, Reports and ID/Cards prepared by JAGI are not a guarantee and/or
a warranty of value and JAGI makes no express or implied warranty of any kind concerning
information contained in any of its appraisals, Reports and ID/Cards. By accepting the terms of
this Agreement, you agree JAGI is not liable to you and any third party for any loss, damage or
liability based on any specific value and/or characteristics, and information of an item contained
in any appraisal, Report and/or ID/Card.
E. Jewelry Design and Production. The world of custom jewelry and production
can be somewhat intimidating. Our experience, training and knowledge will allow you to
confidently navigate through this process. We design and produce some items in-house and have forged relationships with designers and manufactures to assist with the process if your
project, in our opinion, requires specialized attention by an outside contractor. By singing below
you agree that JAGI, its employees, agents and contractors are not responsible for any
damages or loss resulting from providing jewelry design and production services.
6. Outside Contractors and Vendors. In some instances, we retain the services
of specialized independent contracts to assist in providing services to our customers. A prime
example is diamond-cutting and highly customized designing and production of personalized
jewelry are specialized services. Our goal is to achieve the best possible results of our
customers. By signing below, you authorize JAGI, in its sole discretion, to hire and retain independent
contractors to provide services under this Agreement.
7. Hold Harmless/Indemnity. You agree to hold JAGI, and its, officers, directors,
independent contractors, employees and agents harmless and not liable to you or any third
party for any loss, damage or expense resulting from or related in any way to the services
performed under this Agreement and/or from any negligence or breach, any act or omission
arising from and/or resulting from the preparation, issuance and use of an appraisal, Report
and/or ID/Card prepared by JAGI. You further agree to indemnify and defend JAGI, and its
officers, directors, employees, independent contractors and agents from and against any and all
claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements,
judgements, costs, attorney fees, which arise from or relate to the services performed under this
8. Transportation of Diamonds/Gemstones/Jewelry. You agree to accept all risk of
any loss and/or damage of any kind relating to the transportation and delivery of any diamonds,
gemstones and/or jewelry. If a courier service, FEDEX, UPS or other delivery service is used to
transport any items, we strongly suggest that you purchase and possess the appropriate
insurance to cover any loss or damage and take all precautions to ensure that all items are
transported safely. You agree that JAGI is not liable for any loss or damage during or as a result
of the transportation of any item.
9. Arbitration. Any dispute, claim or controversy, arising out of or relating to this
Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including
the determination of the scope or applicability of this agreement to arbitrate, shall be determined
by arbitration in the County of San Diego, Sate of California, before a single arbitrator. The
arbitration shall be administered by Judicial Arbitration and Mediation Services (“JAMS”)
pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the
Expedited Procedures in those Rules. The decision of the arbitrator shall be binding. Judgment on an award may be entered in any court of competent jurisdiction. This clause shall not
prevent any party from filing a case in the Small Claims Court in the County of San Diego,
California. Each party shall bear its own attorney fees and costs and no award for attorney fees
and/or costs shall be awarded to the prevailing party.
10. No Third-Party Beneficiaries. This Agreement is solely for the benefit of the parties
hereto and no other person or entity is entitled to rely upon the benefit from this Agreement or
any term thereof.
11. Governing Law. This Agreement and the rights of the parties, hereunder, shall be
governed by and construed in accordance with the laws of the State of California.
12. Entire Agreement. This Agreement sets forth our entire agreement with respect to the
subject matter hereof and supersedes all prior agreements or understandings with respect
thereto. There are no representations or agreements by or between us which are not fully set
forth herein. This Agreement may only be amended by a writing signed by both of us.
13. Construction. This Agreement shall be governed or construed in accordance with the
laws of the State of California.
14. No Assignment. The rights and obligation under this Agreement are personal and may
not be assigned by any party.
15. Jurisdiction and Venue. The jurisdiction and venue for all disputes under this
Agreement for binding arbitration shall be with JAMS in San Diego County and for Small Claims
cases shall be with the Superior Court of California, County of San Diego.
16. Severability. The provisions of this Fee Agreement are divisible; if any of the provisions
shall be deemed invalid or unenforceable, that provision shall be deemed limited to the extent
necessary to render it valid and enforceable and the remaining provisions of this Agreement
shall continue in full force and effect without being impaired or invalidated in any way.
17. Counterparts and Electronic Signatures. This Agreement may be executed in multiple
counterparts by the parties hereto. All counterparts so executed shall constitute one agreement
binding upon all parties, notwithstanding that all parties are not signatories to the original or the
same counterpart. Each counterpart shall be deemed an original to this Agreement, all of which
shall constitute one agreement to be valid as of the date of this Agreement. Documents
executed, scanned and transmitted electronically and electronic signatures and/or
acknowledgements shall be deemed original signatures for purposes of this Agreement and all
matters related thereto, with such scanned and electronic signatures having the same legal
effect as original signatures. This Agreement and any other document necessary for the
consummation of the transaction contemplated by this Agreement may be accepted, executed
or agreed to through the use of an electronic signature in accordance with the Electronic
Signatures in Global and National Commerce Act ("E-Sign Act"), Title 15, United States Code, Sections 7001 et seq., the Uniform Electronic Transaction Act ("UETA") and any applicable state
law. Any document accepted, executed or agreed to in conformity with such laws will be binding
on each party as if it were physically executed. This Agreement may be entered into online by
clicking the required checkbox acknowledging your agreement to accept all terms and
18. AUTHORITY. By signing below, each of the signatories agree to all terms and conditions
contained in this Agreement and warrants and represents that he or she is competent and
authorized to enter into this Agreement on behalf of the party for whom he or she represents to
sign, and each signatory shall personally guaranty all financial obligations, including but not
limited to, the payment of all fees for services under this Agreement.
We look forward to serving you.
JEWELRY APPRAISAL GEMOLOGICAL INSTITUTE