1. Introduction
Transnational Gemmological Laboratory (“TGL”) is an independent and professionally operated gemmological laboratory engaged in the inspection, identification and grading of diamonds, gemstones, and jewellery.
These Terms and Conditions regulate the services offered by TGL and outline the respective rights, duties, and obligations between TGL and any person or entity utilizing TGL services (“Client”).
By submitting any Item for testing, certification, grading, analysis, or any other service provided by TGL, the Client confirms acceptance of these Terms and Conditions and agrees to comply with and remain bound by them.
2. Definitions
For the purposes of these Terms and Conditions, the following terms shall carry the meanings set out below:
“Item”
Means any diamond, gemstone, gem material, jewellery item, or related article submitted by the Client to Transnational Gemmological Laboratory (“TGL”) for testing, inspection, identification, grading, analysis, certification, or any other laboratory-related service.
“Service”
Means the professional laboratory expertise and services provided by TGL, including but not limited to the inspection, testing, identification, analysis, grading, and certification of diamonds, gemstones, gem materials, and jewellery, together with any additional services mutually agreed upon between TGL and the Client.
“Inspection”
Means the process of examination and assessment conducted by TGL utilizing professional knowledge, gemmological instruments, scientific procedures, advanced technology, and laboratory methods available at the time of evaluation. The precise scope of inspection shall depend upon the particular service requested by the Client.
“Grading”
Means the classification and quality evaluation of a natural diamond or gemstone submitted by the Client, carried out in accordance with TGL grading standards and recognized gemmological practices.
Colour grading is determined using TGL master comparison stones, including both loose and mounted references, while clarity grading is performed under 10x magnification. All measurements, weights, and grading results are approximate and may be subject to limitations caused by mounting or setting conditions.
“Identification”
Means the examination and assessment of an Item for the purpose of determining whether the gemstone or material is natural, synthetic, imitation, treated, or enhanced, based on TGL testing procedures and accepted gemmological standards.
Such identification is based upon observations, scientific analysis, laboratory testing, and examinations conducted by qualified gemmologists using specialized instruments and technology available at the time of testing.
“Report”
Means any certificate, grading report, consultation document, laboratory assessment, or similar document issued by TGL exclusively for the Client, containing the findings, observations, conclusions, and professional opinions resulting from the inspection, identification, grading, testing, or analysis of the submitted Item.
3. The Service
Transnational Gemmological Laboratory (“TGL”) shall provide professional laboratory services to the Client in accordance with these General Terms and Conditions, together with any applicable order form, service request, invoice, quotation, or other mutually accepted documentation specifying the scope of services, submitted Item(s), applicable charges, payment conditions, timelines, delivery arrangements, and any additional terms relevant to the requested services.
All services rendered by TGL, including the issuance of any certificate, grading report, consultation, or laboratory assessment (“Report”), are provided exclusively at the request of the Client and solely for the Client’s use.
The Client acknowledges and accepts that the findings, conclusions, and opinions contained in a Report may differ from those stated in reports issued before or after the relevant examination due to technological advancements, variations in testing procedures, availability of equipment, subjective interpretation, or changes in gemmological standards existing at the time of inspection.
The Client further understands that gemstone testing, identification, grading, and certification are not precise sciences. Therefore, every Report issued by TGL reflects the independent professional opinion of TGL based upon the examination conducted at the relevant time. TGL shall not be responsible for any differences, inconsistencies, or variations arising from repeated examinations or from the use of alternative grading methods, standards, procedures, or criteria by other laboratories or professionals.
In certain situations, TGL may determine that completion of the requested service is impractical or impossible due to insufficient evidence, absence of identifiable characteristics, technical restrictions, or lack of necessary equipment. In such cases, TGL reserves the right to refuse, suspend, or discontinue the requested service and return the submitted Item to the Client.
Unless otherwise agreed between the Parties, any fees paid in connection with an incomplete service request may be refunded after deduction of applicable administrative expenses, handling charges, examination costs, or other amounts relating to the time and resources utilized during the assessment process. No interest shall be payable on any refunded amount.
TGL generally utilizes non-destructive testing and identification procedures during laboratory examinations. However, in exceptional circumstances where further analysis is required, certain procedures may involve minimally destructive testing methods, which shall only be carried out with the prior consent of the Client.
4. TGL offers grading, testing, and certification services for:
- Natural Diamonds
- Lab-Grown Diamonds
- Natural Diamond Jewellery
- Lab-Grown Diamond Jewellery
- Gemstones
- Moissanite Jewellery
- Parcel Testing for Diamonds, including CVD and HPHT detection and identification.
All certifications and grading services are conducted in accordance with TGL’s internal laboratory standards, testing procedures, and certification policies.
TGL reserves the exclusive right and sole discretion to decline testing, grading, analysis, or certification of any submitted Item. Such decisions may be based upon considerations including authenticity, quality, condition, disclosure issues, technical limitations, compliance requirements, or any other standards or criteria considered relevant by TGL.
5. Client Representation of Legitimate Possession
The Client hereby represents, warrants, and confirms to Transnational Gemmological Laboratory (“TGL”) that every Item submitted to TGL for inspection, grading, testing, certification, analysis, or any other laboratory-related service is lawfully owned or legally possessed by the Client.
The Client further declares that he/she is either the lawful owner of the submitted Item or has received valid authorization and permission from the rightful owner(s) to present the Item to TGL for examination and associated services.
The Client additionally represents and undertakes that, to the best of their knowledge and belief, the submitted Item has been obtained from lawful, genuine, and reliable sources and has not been acquired, possessed, transferred, traded, or handled in violation of any applicable laws, regulations, or legal requirements.
The Client further confirms that they do not possess any knowledge, suspicion, or reasonable grounds to believe that the submitted Item is associated with any illegal activity, unauthorized possession, theft, fraud, or breach of any legal or regulatory obligation.
6. Acknowledgement on Condition of Item
For the purposes of inspection, grading, testing, or certification, submitted Items are ordinarily examined in the form of loose stones whenever reasonably possible.
Items that are mounted, studded, or set within jewellery may still be accepted for examination at the sole discretion of Transnational Gemmological Laboratory (“TGL”). In such circumstances, the extent of inspection and analysis may be restricted due to the mounting, setting, or overall design of the jewellery piece.
The issuance of any Report shall depend upon the extent to which the gemstone(s), samples, or relevant characteristics can be properly accessed, identified, and examined within the mounted setting. Consequently, the Report may contain only the total weight of the jewellery item together with accessible observations, measurements, dimensions, and details relating to the visible gemstone(s).
The Client acknowledges and agrees that certain areas, features, or characteristics of the submitted Item may not be accessible for examination and, therefore, complete inspection, exact measurement, or definitive identification may not always be achievable.
The Client further acknowledges and accepts that all findings, conclusions, and observations stated in the Report are based solely upon the level of examination reasonably possible under the existing conditions of inspection.
7. The Report
The results of any inspection, testing, identification, grading, or analysis carried out by Transnational Gemmological Laboratory (“TGL”) shall be recorded in a written Report reflecting the independent professional opinion of TGL based upon the condition and characteristics of the submitted Item at the time of examination.
A TGL Report is intended exclusively for the identification and description of the gemmological characteristics of the submitted Item. Any descriptions, classifications, or references contained within the Report are purely descriptive in nature and shall not be construed as confirmation of geographic origin, commercial worth, market value, or desirability unless expressly specified otherwise.
The Report shall not be considered or used as an appraisal, guarantee, valuation, or insurance certificate, and must not be represented as a document establishing monetary value. TGL assumes no liability for any statements, representations, claims, or misrepresentations made by the Client or any third party in relation to the examined Item.
Where applicable, a TGL Report may include details concerning:
- the nature and classification of the Item;
- whether the Item is natural, synthetic, artificial, imitation, treated, or enhanced;
- any gemmologically identifiable treatment or disclosure requirement;
- measurements, weight, grading observations, and any other technical information considered relevant by TGL.
At its sole discretion, TGL may also attach or include a photograph of the Item taken at the time of examination for identification and record purposes.
Reports are ordinarily issued separately for each submitted Item. However, depending upon the nature of the submission and requested services, TGL reserves the right to issue either individual Reports for separate Items or a combined Report covering multiple Items.
Each Report shall contain a unique identification or reference number for verification, record maintenance, and online authentication purposes where applicable.
TGL does not conduct metal assessment or metal purity testing unless the Item has been specifically submitted for metal testing and certification services.
TGL provides no warranty or guarantee, whether express or implied, regarding the availability, accuracy, completeness, reliability, or continuing validity of any Report. To the fullest extent permitted under applicable law, TGL disclaims all responsibility and liability for any direct, indirect, incidental, consequential, special, or commercial loss arising from reliance upon, interpretation of, or use of the Report or its contents.
Under no circumstances shall TGL, its affiliates, directors, employees, agents, or representatives be held liable for any intellectual property dispute, trade-related claim, or other legal issue arising from descriptive terminology, references, or classifications contained within the Report.
The Client acknowledges and accepts that, due to continuing advancements in gemstone treatment techniques, synthetic manufacturing methods, and imitation materials, it may not always be possible to conclusively determine whether a submitted Item is natural, synthetic, treated, enhanced, artificial, or otherwise modified. Accordingly, TGL does not guarantee that such determinations will always be achievable.
Any complaint, objection, remark, dispute, or claim relating to a TGL Report shall be reviewed and addressed solely at the discretion of TGL management in accordance with TGL’s internal policies and procedures.
8. Validity of Report
The validity of any Report issued by Transnational Gemmological Laboratory (“TGL”) shall be subject to these General Terms and Conditions, together with any additional terms, restrictions, or conditions specifically mentioned in the relevant Report.
In general, a Report shall remain valid without any defined expiry period, provided that the condition, characteristics, and circumstances relating to the submitted Item remain unchanged from the time the Report was issued following examination.
A Report shall automatically be considered invalid, void, or unreliable in any of the following situations:
- TGL determines that the Report has been altered, amended, modified, duplicated, tampered with, or added to without authorization.
- TGL determines that the shape, structure, appearance, measurements, characteristics, or description of the Item has been changed or modified after its inspection, identification, grading, or certification.
- TGL determines that the quality, condition, treatment status, or gemmological properties of the Item have changed in any respect after examination or certification.
- TGL determines that any information, statement, declaration, representation, or documentation supplied by the Client concerning the submitted Item was inaccurate, false, misleading, incomplete, or improperly disclosed.
- TGL determines that the Client has violated or failed to comply with any representation, undertaking, warranty, obligation, or provision contained within these Terms and Conditions.
TGL reserves the exclusive and absolute right to declare any Report invalid whenever circumstances arise which, in the professional opinion of TGL, may affect the authenticity, integrity, reliability, or accuracy of the Report or the related Item.
9. Delivery and Storage of Item
The Client shall submit and deliver the Item to the premises of Transnational Gemmological Laboratory (“TGL”) for the purpose of inspection, grading, testing, certification, or any other requested laboratory-related service.
Upon completion of the requested services, the Client shall collect the submitted Item from TGL upon receiving notice or communication from TGL.
If the Client does not collect the Item within ninety (90) days from the date the relevant inspection or service is completed, TGL shall thereafter be released from any responsibility or liability concerning the custody, safekeeping, or storage of the Item.
Notwithstanding the foregoing, should TGL choose, at its sole discretion, to continue storing the Item beyond the said period, TGL reserves the right to levy additional charges relating to storage, insurance, security, safekeeping, administrative assistance, handling, and any other expenses incurred in maintaining custody of the Item.
The Client agrees to pay and reimburse TGL for all such applicable fees, costs, and expenses arising from the continued storage, handling, and protection of the submitted Item.
10. Disclaimer
The limitations of liability and responsibility stated herein form an essential basis of the services provided by Transnational Gemmological Laboratory (“TGL”) and shall apply not only to the Client but also to any third party to whom a TGL Report may be disclosed, presented, transferred, or relied upon for any purpose whatsoever.
Notwithstanding anything inconsistent contained within these Terms and Conditions, and to the fullest extent permitted under applicable law, the total cumulative liability of TGL arising out of or relating to any inspection, grading, testing, certification, Report, or associated service shall not exceed the total fees actually paid by the Client to TGL for the specific service concerned. Such compensation shall constitute the Client’s sole and exclusive remedy.
Neither TGL nor any of its directors, officers, employees, consultants, agents, affiliates, or representatives shall be liable for any direct, indirect, incidental, consequential, special, financial, commercial, or other loss, damage, expense, liability, or claim arising from:
- any omission, statement, or error contained within a Report;
- human error, negligence, or subjective judgment;
- malfunction, limitations, or failure of testing equipment or technology;
- delays in conducting examinations or issuing Reports;
- reliance placed upon the Report by the Client or any third party; or
- any circumstance impacting the authenticity, quality, value, marketability, or commercial perception of the submitted Item.
The above limitation and exclusion of liability shall not apply in instances of fraud, wilful misconduct, or gross negligence on the part of TGL as established by a final and binding judgment issued by a court of competent jurisdiction.
The Client further acknowledges and agrees that all examinations, assessments, and findings made by TGL are based solely upon the information, disclosures, documentation, and materials provided at the time of inspection. If the Client fails to disclose any material fact relating to the submitted Item — including, without limitation, treatments, enhancements, modifications, repairs, synthetic origin, or previous certifications — TGL shall not be responsible or liable for any resulting loss, claim, damage, expense, or consequence arising directly or indirectly from such incomplete disclosure or non-disclosure.
11. Certificate / Report Disclaimer
Terms and Conditions
Any certificate, grading report, consultation, or laboratory assessment issued by Transnational Gemmological Laboratory (“TGL”) (hereinafter referred to as the “Report”) reflects the findings, observations, and professional opinions of TGL derived from the inspection, testing, grading, and analysis of the submitted gemstone(s), jewellery, metal, or related Item using accepted gemmological standards, recognized laboratory procedures, and the specialized equipment available at the time of examination.
The Client acknowledges and understands that gemstone treatment techniques, synthetic production methods, simulants, enhancements, and metal alloy technologies are continuously advancing and becoming increasingly sophisticated. As a result, even with the use of modern scientific methods, advanced instruments, and current testing procedures, it may not always be possible to conclusively identify whether a gemstone, metal, or Item has been treated, synthesized, enhanced, altered, or mixed. Accordingly, TGL does not provide any guarantee or warranty regarding the absolute detectability of such conditions or processes.
Any liability connected with a Report issued by TGL shall be limited solely to the Client to whom the Report has been issued and identified through the corresponding report or certificate number. By accepting the Report, the Client agrees to comply with and be bound by the following terms and conditions.
TGL, including its directors, officers, employees, gemmologists, affiliates, agents, and representatives, expressly disclaims all liability for any loss, damage, expense, claim, or consequence arising directly or indirectly from:
- errors, omissions, statements, or interpretations contained within the Report;
- inscriptions, descriptions, classifications, or grading conclusions;
- human error, technical limitations, or negligence; or
- reliance placed upon the Report by the Client or any third party.
The above limitation and exclusion of liability shall not apply in cases where fraud, willful misconduct, or gross negligence on the part of TGL has been established by a final and binding judgment of a competent court of law.
Under no circumstances shall TGL or any of its employees be liable for any indirect, incidental, punitive, special, or consequential damages arising from the issuance, interpretation, use of, or reliance upon the Report.
TGL and its authorized representatives shall not be responsible for any deviations, differences, variances, or differing conclusions that may result from repeated inspections, evolving gemmological standards, technological developments, or the use of alternative testing procedures by other laboratories or professionals.
Any complaint, dispute, objection, remark, or claim relating to a Report shall be reviewed and handled solely at the discretion of TGL management and in accordance with TGL’s internal policies and procedures.
Any dispute, legal action, arbitration, or proceeding arising out of or connected with a TGL Report shall be subject exclusively to the jurisdiction of the competent local courts where the relevant Report was issued.
A TGL Report shall not be interpreted, represented, or used as a guarantee, valuation certificate, appraisal, or insurance document.
The sole purpose of a TGL Report is to identify and describe the gemmological characteristics of the examined gemstone(s), jewellery, metal, or related Item. Any descriptive references contained within the Report are intended only for identification purposes and shall not be interpreted as confirmation of geographic origin, ownership rights, trademark rights, intellectual property rights, or commercial value.
Under no circumstances shall TGL or any affiliated entity be held liable for any intellectual property dispute, trademark claim, commercial dispute, or other legal issue arising from the terminology, classifications, descriptions, or references contained within the Report.
12. Indemnification
The Client agrees to indemnify, defend, and hold harmless Transnational Gemmological Laboratory (“TGL”), together with its directors, officers, employees, representatives, gemmologists, agents, and affiliates, from and against any and all claims, demands, losses, liabilities, damages, expenses, costs, or legal actions whatsoever, including reasonable attorney fees and legal expenses, arising directly or indirectly from:
- any violation or breach of these Terms and Conditions by the Client;
- any inaccurate declaration, misrepresentation, omission, or failure of disclosure by the Client;
- the submission, ownership, possession, transport, sale, handling, or use of the submitted Item; or
- the Client’s use of any services, certifications, grading results, Reports, or other materials provided by TGL.
The Client further undertakes to cooperate fully with TGL in the defense, settlement, or resolution of any such claim, proceeding, or legal action.
13. Insurance
All Items submitted to TGL shall remain solely at the Client’s own risk and responsibility at all times.
The Client shall obtain and maintain comprehensive insurance coverage, at the Client’s sole expense, for all submitted Items against all risks including, without limitation, theft, loss, destruction, damage, transit-related risks, handling risks, and any unforeseen events or circumstances.
Such insurance coverage shall be obtained from a reputable and financially sound insurance provider and shall remain valid and effective:
- during transportation from the Client’s premises to TGL;
- while the Item remains under the custody, possession, or control of TGL; and
- during return transportation from TGL back to the Client.
Without limiting the foregoing, TGL shall nevertheless use reasonable care and appropriate security measures to safeguard Items while they remain in its possession.
If any claim, arbitration, lawsuit, legal proceeding, or action is initiated by any third party — including, without limitation, any insurance company — against TGL or any of its directors, representatives, employees, or affiliates in connection with the submitted Item or services rendered by TGL, the Client shall indemnify and hold harmless TGL against all resulting claims, liabilities, losses, damages, settlements, legal costs, attorney fees, and related expenses.
The Client and its insurer expressly waive any rights of subrogation, recovery, recourse, or claim against TGL with respect to any insured damage, liability, or loss relating to the submitted Item.
The Client further undertakes to ensure that all relevant insurance policies include appropriate waiver of subrogation and non-recourse clauses in Favor of TGL, thereby preventing the Client or its insurer from pursuing any recovery action or claim against TGL in relation to matters covered under such insurance policies.
14. Payment for TGL Services
The Client shall pay Transnational Gemmological Laboratory (“TGL”) in accordance with the invoice issued by TGL pursuant to the applicable quotation, order form, service request, invoice, or any other mutually accepted document specifying the requested services and the applicable fees.
All relevant charges, fees, taxes, duties, and expenses relating to the requested services shall be paid by the Client within the payment terms prescribed and communicated by TGL.
TGL reserves the right to withhold, retain, or decline the release and delivery of any submitted Item, Report, certificate, grading result, or related document if the Client fails to fully settle any outstanding amount payable to TGL, including but not limited to unpaid balances, storage fees, administrative expenses, or any other applicable charges.
The submitted Item and all related Reports, certificates, and documents shall remain subject to the possessory and retention rights of TGL until all outstanding payments and dues have been fully cleared and settled to the satisfaction of TGL.
15. Trade Name and Proprietary Rights
All Reports, certificates, grading documents, copyrights, trade names, trademarks, logos, service marks, branding materials, intellectual property, designs, and all other proprietary rights belonging to Transnational Gemmological Laboratory (“TGL”) shall remain the sole and exclusive property of TGL.
No Client, individual, or entity shall reproduce, copy, alter, publish, distribute, misuse, commercially exploit, or otherwise use any TGL Report, certificate, trademark, logo, branding material, proprietary content, or intellectual property, whether in whole or in part, without the prior express written approval of TGL.
For the avoidance of doubt, the Client expressly agrees and undertakes that no TGL Report, certificate, grading result, trademark, trade name, logo, or other proprietary material shall be used in connection with:
- advertising or promotional activities;
- marketing or publicity campaigns;
- commercial representations;
- sales, resale, or trading activities;
- online or offline product listings; or
- any public, promotional, or commercial communication relating to the inspected Item,
unless such use has been expressly authorized in writing by TGL.
Any unauthorized reproduction, use, modification, alteration, misrepresentation, or misuse of TGL Reports or intellectual property may result in legal proceedings and the immediate cancellation, suspension, or invalidation of the relevant Report or certification at the sole discretion of TGL.
16. Miscellaneous
Any matter, issue, or circumstance not expressly provided for or addressed in these Terms and Conditions shall be resolved through mutual consultation and good faith discussions between the Client and Transnational Gemmological Laboratory (“TGL”).
These General Terms and Conditions shall become effective from the date they are published on the official website of TGL and shall continue to remain in force unless and until amended, revised, modified, or replaced by TGL.
TGL reserves the sole and absolute right to amend, revise, update, modify, or replace these Terms and Conditions at any time without prior notice. Any such amendment, revision, or modification shall become effective immediately upon publication on TGL’s official website or through any official communication issued by TGL.
TGL shall not be held liable or responsible for any delay, interruption, inability, or failure in performing any obligation under these Terms and Conditions where such delay or failure results from causes beyond the reasonable control of TGL, including but not limited to:
- acts of God;
- natural calamities or disasters;
- environmental restrictions or conditions;
- governmental actions, orders, or regulations;
- labour shortages or industrial disputes;
- interruptions in transportation, communication, or utilities;
- equipment breakdowns or technical failures;
- war, civil disturbance, epidemic, pandemic, or emergency situations; or
- any other event or circumstance outside the reasonable control of TGL.
Any delay, omission, or failure by TGL in exercising any right, remedy, authority, or privilege under these Terms and Conditions shall not constitute or be interpreted as a waiver of such right or remedy, nor shall any partial exercise prevent the future exercise of the same or any other right or remedy available to TGL.
These General Terms and Conditions shall form an integral and inseparable part of every agreement, certification, service request, grading engagement, or professional arrangement entered into between TGL and the Client and shall be read and interpreted together with all related documents, communications, and agreements.
17. Governing Law and Jurisdiction
These Terms and Conditions shall be governed, interpreted, and enforced in accordance with the laws applicable within the territory and jurisdiction where the respective branch, office, or laboratory of Transnational Gemmological Laboratory (“TGL”) providing the relevant services is established and operating.
Any dispute, complaint, objection, or claim arising out of or relating to any Report, certification, inspection, grading service, or these Terms and Conditions must be notified to TGL in writing within fifteen (15) days from the date the relevant Report or service is received by the Client.
Following such notice, both Parties shall endeavour to resolve the matter amicably, fairly, and in good faith through mutual discussion and consultation.
In the event that an amicable resolution cannot be reached within a reasonable time, the dispute shall be submitted exclusively to the competent courts having jurisdiction over the location where the relevant TGL laboratory
The Client hereby irrevocably submits to and accepts the exclusive jurisdiction of such courts for the purpose of resolving any dispute, legal proceeding, or claim connected with TGL services, certifications, or Reports.