GENERAL CONDITIONS OF LETTERS OF EXPERTISE BY IAJA EXPERTISE
- FIELD OF APPLICATION
In addition to the terms, conditions, and limitations of liability set forth in the contractual agreement (the "Services Agreement"), between Client and IAJA Expertise, SAS and IAJA Expertise, LLC (hereinafter collectively referred to as “IAJA”), these General Conditions apply. These General Conditions apply to all Letters of Expertise, for all Items, prepared by IAJA, at the Client's request. When requesting IAJA to prepare a Letter of Expertise, Clients must submit a signed Services Agreement together with the Item(s) which the Client would like IAJA to assess. The signed Services Agreement is required even if the Client has submitted previous orders to IAJA.
- PRICES AND PAYMENT CONDITIONS; DEFAULT
The fees are defined in the price list provided to Client and available on the IAJA website at the time of order. Prices are stipulated in Euros, net, ex works, without conditioning and VAT. Invoices are payable at the time the Item is picked up by the Client to obtain the finished Letter of Expertise or when the Client requests that the Item(s) be shipped back by express armored service. Any amount unpaid at due date bears interests at a rate of 1 % per month. Further, client owes 30 Euros per correspondence caused by its default, as well as the costs incurred through the intervention of a collection agent. Without prejudice of damages exceeding this amount, IAJA is free to claim advance payment at any time, and to withhold contractual performance until such payment is made. In such event delivery terms are deemed to be extended accordingly.
- SCOPE OF ANALYSIS, RESTRICTIONS
The Services and Expertise provided by IAJA shall be based on the information and knowledge of IAJA and its Experts and information provided to IAJA by Client. IAJA and its experts will share their knowledge and expertise and use their best efforts to render an opinion that an item is genuine. The Letter of Expertise provided by IAJA will be available to the public for verification on the IAJA website. The Letter of Expertise shall be deemed to be the opinion of IAJA as of the date of its rendering and will be deemed null and void should Client and or any other party subsequently modify and or alter the Item(s). The Letter of Expertise provided by IAJA shall be governed by and construed in accordance with the laws of France.
- NON-BINDING OPINIONS
Only original Letters of Expertise, featuring valid signatures/initials, embossed stamp on the surface of the report will be considered valid documents. Furthermore, online verification of Letters of Expertise at iaja-expertise.com/verify/ is mandatory to ensure validity of a Letter of Expertise. When present, abbreviated formats of the Letter of Expertise are for validation purposes only and may differ in appearance from the original item. Verbal opinions, copies of IAJA Letters of Expertise cards, copies and pdf-versions may be issued at client's request, without any binding effect.
- TRANSPORT, RISK, INSURANCE
All risks of loss or damage relating to jewelry and other Item(s) submitted to IAJA, during transport, storage, and or custody of IAJA , including shipment to sub-contractors, must be insured by the Client to full value. Notwithstanding the requisite insurance coverage, IAJA's liability for loss or damage to Item(s), by any cause whatsoever, even if the loss or damage of the Item(s) is caused by the negligence of IAJA, shall be limited to $2,500.00 unless client declares a higher value for all or a portion of the Item(s) and pays IAJA a higher rate. Client shall be responsible for all transport fees, customs fees, and insurance, as well as costs and administrative expenses. Client shall reimburse IAJA for such costs if incurred by IAJA.
IAJA will require proof of insurance for all Item(s) presented to IAJA for Services. IAJA will not accept Item(s) for Services without the requisite proof of insurance coverage. If Client does not have insurance, IAJA will put Client in touch with an insurance broker to facilitate coverage.
- DELIVERY, CONTROL AT RECEIPT
Delivery dates for Letters of Expertise agreed upon are deemed to be non-binding, but IAJA shall inform client if a fixed deadline cannot be kept.
IAJA and its employees are not affiliated with the titled manufacturer of the Items. IAJA will not provide a certification or actual authentication of such Items. IAJA will not be providing a condition report relating to Items. IAJA will not verify or authenticate carat weights of Item(s) which may be represented by Client. Client agrees to hold IAJA harmless in the event its Letter of Expertise is deemed incorrect or inaccurate even if resulting from the negligence of IAJA.
- DISPUTES WITH REGARD TO DAMAGED ITEMS WHILE AT IAJA
Claims for loss or damage to Items(s) must be delivered in writing to IAJA within five (5) days after 1) Client is notified by IAJA that damage to the Item(s) has occurred, 2) Client discovers or should have discovered the damage to the Item(s), or 3) delivery, release, or return of the Item(s) to Client or anyone on Client's behalf. Client agrees that the aforesaid requirement to furnish IAJA with timely written notice of claims shall be a condition precedent to Client's right to institute any legal action or proceeding against IAJA.
- CLIENT'S WAIVER OF SUBROGATION
Client waives any and all rights of recovery against IAJA, its officers, members, agents, and employees, occurring and or arising out of any loss or damage to the Item(s) to the extent such loss or damage is covered by insurance. This waiver of subrogation shall be in addition to, and not in limitation or derogation of, any other waiver, release, or limitation of liability contained in this Agreement with respect to any damage to the Item(s).
- APPLICABLE LAW
GOVERNING LAW AND WAIVER OF JURY TRIALS: Although the Letter of Expertise provided by IAJA shall be governed and construed in accordance with the laws of France, the remaining terms, conditions, and limitations of liability set forth in this Agreement shall be governed by the law of the state of New York. The parties expressly waive any right to a jury trial regarding disputes related to this Agreement.
SAVINGS CLAUSE/SEVERABILITY: If any term or provision of this Agreement or its application to any person or circumstances is, to any extent, invalid or unenforceable under any applicable law, the validity, legality, and enforceability of the remaining provisions of this Agreement shall remain effective and shall not be affected or impaired thereby.
ASSIGNMENT: Without the consent of the other party, neither party shall assign any right under the Agreement, except IAJA may assign any such right to any affiliate of IAJA. The non-assigning party shall not unreasonably withhold its consent.
WORK PRODUCT: All photographs, notes, reports, and or other work product prepared by IAJA during the course of its preparation of an Expertise shall be deemed the property of IAJA.