General Terms & Conditions

These General Terms and Conditions apply to all Services provided by JTR, including reports on Products, engravings on Products, and receipts for Products, unless specific terms and conditions are determined separately in a written agreement.

The general terms and conditions of the customer or other contracting parties that conflict with JTR's General Terms and Conditions shall not be effective for JTR. The fact that the customer or other contracting parties have communicated the general terms and conditions to JTR and/or the declaration that conflicting terms and conditions will not be accepted in these general terms and conditions will not be effective for JTR.

Terms that differ from these General Terms and Conditions will only apply if they are accepted in writing by a person authorized to represent JTR and if these changes are specifically incorporated into content of a separate agreement. The fact that JTR does not respond, or object does not mean that the amended provision is accepted by JTR.

Unless the context indicates otherwise, the following terms shall have the stated meaning in these General Terms and Conditions:

"Article(s)” means any diamond, gemstone material or other Article of any kind including but not limited to jewelry, colored stones and/or laboratory grown diamonds delivered by or on behalf of the Client to JTR.

"Client” means any (legal or physical) person (as the case may be, represented by a representative), whose name will appear on the Receipts issued by JTR to the Client.

“Employee” means any person employed by JTR. ”or agreed subcontractors, agents and …)

“Force Majeure” means a situation in which the performance of the Agreement by JTR is wholly or partially, temporarily or otherwise, prevented by circumstances beyond JTR’s control, even if this circumstance could already have been foreseen at the time the Agreement (as well as any other agreement between the Client and JTR) was concluded, including without limitation due to any act of God, act or decree of governmental or military bodies, quarantine, lockdown, shelter in place or similar order or decree of a governmental body, fire, casualty, flood, earthquake, war, strike, lockout, epidemic or pandemic (including without limitation the COVID-19 virus), riot, insurrection, or any other cause beyond the reasonable control of JTR.

"JTR” shall have the meaning set forth on the Signing Page.

"Inscription” means any laser inscription by JTR on an Article.

"Intellectual Property Rights” means all Intellectual Property Rights of any kind whatsoever, including without limitation, patents, trademarks, rights in designs, trade names, present and future copyrights, whether or not any of these are registered and including applications for any such right or registration thereof, trade secrets, and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these.

"Parties” means the Client and JTR collectively, and “Party” means either one of them, as the context may require.

"Receipt” means any Receipt issued by JTR to the Client in respect of an Article.

"Report” means any and all grading Reports, identification Reports, audit Reports, appraisal Reports, or any other Report or interim report issued by JTR that describes an Article as well as each verification, update, or supplement to any such Report.

"Services” means all Services performed by JTR including but not limited to grading, testing, examining, laser inscribing, photography, engraving, repair, light return and/or the issuing of Reports as well as all other related services.

3.1. Upon delivery of the product to JTR in person, or via carrier, the Customer will receive a Receipt or Receipt number. At the time of receipt of the Products by the Customer, the original Receipt must be delivered to JTR by the Customer or the Receipt number must be communicated to JTR by the Customer. JTR reserves the right to take other reasonable security measures in connection with the return of the Product to the Customer.

3.2. By accepting the Receipt or Receipt number, the Customer agrees and undertakes that it will comply with the terms of this Customer Agreement and JTR's General Terms and Conditions.
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3.3. In the event that the original Receipt and/or Receipt number is delivered to the Customer, but for any reason the original Receipt and Receipt number is lost by the Customer, JTR has the rights of choice, at its sole discretion, to keep the Product at its own responsibility until the Customer finds the original Receipt or Receipt number, or to return the Product to the Customer, provided the Customer signs a special form that exempts JTR from liability.

4.1. All risks associated with Products delivered by Customer to JTR during transportation to JTR (including transportation to and/or from subcontractors) are the Customer's responsibility. Products must be insured by the Customer at their full value. In the event that the Customer requests JTR to return the Products by any means of transport, the Products must still be insured by the Customer at their full value.
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4.2 JTR will insure, against loss of a Product while in JTR, up to a maximum of ten (10) times the price to which JTR is entitled for the relevant Service.

4.3 Customer agrees that JTR's and its Employees' liability for any loss of Products incurred while in JTR's possession will be limited to the greater of (i) the amount actually paid by JTR's insurance for the loss of the relevant Product; or (ii) Ten (10) times the price JTR is entitled to charge for the relevant Service.

5.1 Customer agrees that JTR may return all Products shipped/delivered by Customer to JTR using the same carrier used by Customer.

5.2 Customer acknowledges and agrees that JTR authorizes any Product to be delivered to any person (oral or written) appointed by Customer or to Customer's official authorized representative against the original Receipt.

5.3 The delivery date notified to the Customer by JTR is approximate and is not binding. If the agreed delivery date will be exceeded, JTR will inform the Customer.

5.4 JTR may, at its sole discretion, refuse to provide Services for certain Products. In such event, JTR will return the Products to the Customer unless prohibited by law in effect

Customer acknowledges that JTR has the right to photograph or use the Products. JTR shall be the sole and exclusive owner of all Intellectual Property Rights in the photographs it takes from the Products.

Reports provided under this Customer Agreement are delivered in digital and/or physical form. The Reports are to be used and interpreted as a whole and are protected by Intellectual Property Rights, therefore use of the Reports by Customer is subject to the provisions of General Terms and Conditions Section 11.

8.1 All prices of JTR do not include applicable local taxes and other indirect taxes, unless otherwise specified. JTR's pricing information is available upon request. Prices are freely determined by JTR and are not tied to the values of the Product.

8.2 JTR will invoice the Customer in the country in which the Customer delivered the Product to JTR. Prices of JTR are quoted in the local currency or currency agreed by both Parties; in this case, it is converted to the relevant currency using the exchange rate on the date of the invoice. Invoices must be paid in the specified currency. The customer undertakes all exchange rate risks.

8.3 Any quotation for the price of a Service is an estimate and, if enforceable, may be based on the exchange rate prevailing at the time the offer was made. In this case, the price payable by the Customer for the Services will be the actual price determined after JTR has completed the Services and after applying the exchange rate applicable at the time of invoice.

9.1 Unless otherwise specified on the invoice, all JTR's invoices must be paid before or at the time of delivery. In all cases, the invoiced amount must be deposited to JTR's account by the due date at the latest, without deducting any banking or other charges.

9.2 Payment must be made by bank transfer or another generally accepted method of payment. JTR reserves the right to reject checks and invoices. Encashment and/or acceptance of a promissory note or other marketable instrument is not an amendment and does not constitute a deviation from these General Terms and Conditions.

9.3 Whatever payment terms are agreed upon, JTR is entitled to demand an appropriate security from the Customer prior to delivery. If this guarantee is not provided or satisfactorily provided within JTR's stipulated time (determined at JTR's sole discretion), JTR shall have the right to suspend or cancel performance of its liabilities (including delivery). JTR shall not be liable in any way for any damages incurred by the Customer due to this suspension or cancellation.

9.4 If the payment is not made within the payment period specified in the invoice or this payment period is not specified on the invoice, the Customer shall be deemed to have been in default within 30 (thirty) calendar days from the invoice date without any default notification by JTR. In this case, the Customer agrees and undertakes to pay an annual contractual interest of 30% to JTR or the highest interest rate applicable to trade receivables, whichever is higher, from the date of default. The interest will be calculated daily, and year will be considered as 365 days. The customer declares and accepts that the interest rate is not exorbitant and is determined by mutual agreement.

9.5 If payment is not made by the due date, JTR shall have the right to suspend all available Services without notice. In addition, the Customer agrees and declares that JTR has a right of lien on all Products owned by the Customer in its possession until all unpaid invoices, including interest, are fully collected by JTR.

9.6 If the Customer has not paid an invoice by the due date, other amounts owed by the Customer that are not yet due become due and payable legally and without any prior notice of default.9.7 In case of receivables from JTR, the Customer is not entitled to set off this receivable without the written consent of JTR.

10.1 Complaints Regarding the Product(s)
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After the Products are returned by JTR, the Customer is obliged to inspect the Products without delay. If the Customer claims any difference between the Product (condition) sent to JTR and the Product (condition) returned by JTR, the Customer must notify JTR in writing within three (3) business days from the date of delivery. Requests not made within this period will not be accepted and evaluated by JTR.

Making any complaint regarding the Product shall not result in the suspension of payment obligation for the return of the Product or entitle the Customer to set off any compensation or the relevant invoice.

10.2 Liability for Services
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Customer acknowledges and agrees that JTR will offer its Services, including its Reports, for a small fee compared to the actual and potential value of the Products referred to.In view of the foregoing, without prejudice to any other provisions of these Terms and Conditions or any other contractual document, and to the extent permitted by law, JTR's liability in tort (including negligence and gross negligence), contract or otherwise, for any direct or indirect damage (including but not limited to special, consequential, punitive, lost revenue, lost profit or time loss) of any nature or cause - excluding fraud and gross negligence by JTR - will be limited to the highest of the following amounts: (i) the amount actually paid by JTR's insurance for the related damages; or (ii) ten (10) times the fee JTR was entitled to receive in connection with that event.

In addition, in the event of intentional or gross negligence committed by JTR Employees in the course of their professional activities, JTR's liability in tort, contract or otherwise, of whatever nature and cause (special, consequential, punitive, lost revenue, lost profits or time loss) will be limited to the highest of the following amounts: (i) the amount actually paid by JTR's insurance for damages in relation to the relevant product or (ii) ten (10) times the fee JTR is entitled to receive in connection with the Services provided by JTR in relation to the relevant Product.

To the extent that JTR relied on the cooperation, services and deliveries of third parties in fulfilling its liabilities, JTR shall not be liable for any damage or loss resulting from its faults, including gross negligence or willful misconduct.

The Customer shall hold JTR free from any third party requests regarding the Services provided to the Customer by JTR.

10.3 Nature and quality of services

In order to review and accept the provisions of these terms and conditions, the Customer is requested to fully review and understand JTR's Code of Practice found at XXXXXXX. Within these Rules, the commitment to provide diamond grading services undertaken in strict adherence to the International Diamond Council’s Rulebook (IDC Rulebook), HRD Standards and the CIBJO Diamond Book is indicated. JTR is subject to the audit procedures required by the International Organization for Standardization (ISO) and is committed to complying with ISO standards, 17025 and 24016, in the performance of its grading functions. Therefore, neither JTR nor its Employees can be held responsible for any inconsistency that may result from the application of other grading and identification methods, or from the subjective judgments of gemologists examining under guidance other than that set forth in the IDC Rulebook, CIBJO Diamond Book, or ISO standards 17025 and 24016. Neither JTR nor its staff can be held responsible in any way if the analysis reflected in a Report deviates from the analysis expected by the Customer.

JTR operates as an independent laboratory and has no financial interest in selling or purchasing a Product. JTR does not agree to purchase or exchange the Product, and a JTR Report should under no circumstances be construed or interpreted as an attempt to purchase or modify the Product. In addition, any JTR report should not be construed in any way as an appraisal of the Product in question.

JTR acts independently with respect to all Reports it publishes, and no director of JTR has any direct or indirect financial or material interest in (i) the person submitting the Product and/or (ii) the Contract.Laser Engraving does not guarantee the identity, quality, origin, or source of a Product. Customer acknowledges that a Laser Engraving can be easily removed by polishing without any change in weight or other parameters.

Engravings consisting of a trademark, service mark, logo, words, characters, or symbols other than a JTR Report number or a JTR trademark, service mark, or logo may be attributable to Customer only and shall not be considered an indication or determination by JTR.

When Customer requests a Laser Engraving on a Product, he/she declares to JTR that it has the right to engrave any trademark, brand name, service mark, logo, words, characters or other symbols containing this Laser Engraving. The Customer shall indemnify and hold JTR free from liability for any claims made against JTR in this regard.

JTR disclaims all express, implied, and statutory warranties, including but not limited to the implied warranties of fitness for a particular purpose, merchantability, and implied warranties of non-infringement. The Customer further agrees that any information contained in JTR's website or in JTR's informational or promotional materials or transmitted orally by JTR shall not be considered a representation or warranty by JTR. The Customer acknowledges that it has not signed this Agreement based on any warranty or declaration by any person or entity.

Each of the above limitations and – if applicable – other limitations agreed upon in connection with JTR's Services apply to both the Customer for whom the Report is prepared and any other person to whom the Report or Product is presented.

11.1 The Customer acknowledges and agrees that all Intellectual Property Rights to Laser Engravings, Receipts, and Reports are and will remain the sole and exclusive property of JTR and/or its divisions and/or subsidiaries, if any. Nothing in the General Terms and Conditions shall be construed as granting or warranting any license, right, title or interest in the Intellectual Property Rights to the Customer. Customer may in no way declare that it owns any property in any of its Intellectual Property Rights or in any record thereof.

11.2 The Customer undertakes to fully respect JTR's Intellectual Property Rights. Customer is not allowed to use Intellectual Property Rights without the prior written consent of JTR. Customer undertakes not to apply or register any Intellectual Property Rights of JTR, or any part thereof, as a trademark, patent, design, or other Intellectual Property Rights of JTR.

12.1 Customer acknowledges that certain governmental/regulatory agencies, committees, and organizations regulate, license and set standards for the processing of radioactive Products and JTR attempts to comply with all such regulations. If JTR determines that a Product has a certain level of radioactivity that exceeds permissible standards, JTR will notify the Customer of this and JTR will follow its applicable procedures for processing irradiated products, including attempting to comply with applicable regulatory authorities' requirements.

12.2 The Customer acknowledges that JTR may not authorize return of an excessively radioactive product to the Customer and that JTR may be required to transfer it to an organization authorized to receive the radioactive Products and JTR shall have no further responsibility or liability for the Product.

12.3 In addition, the Customer acknowledges and agrees that JTR may not be permitted to return a fully or partially raw diamond to the Customer if the Customer does not ship the Product to JTR in accordance with the required Kimberley process documentation and/or the Customer does so. In such a case, JTR may be obliged to notify and deliver the Product to the appropriate official organization. However, JTR shall have no responsibility or liability with respect to this Product. Customer's sole right of recourse upon receipt of such notice and/or the Product is the government or the relevant business entity. The Customer also agrees and undertakes to hold JTR and JTR Employees free from liability and/or indemnify them for the consequences of such notification and the delivery of the Product in question to the government or commercial organization.

12.4 Furthermore, JTR's compliance with any other laws, regulations or court orders related to any Product shall not constitute a violation of this Agreement (or any other agreement) by JTR.12.5 The liability of JTR and JTR Employees for any loss, damage, costs and/or expenses resulting from exposure to a radioactive product transmitted to JTR will be limited to the remuneration that JTR is entitled to receive in connection with the Services provided by JTR.

13.1 JTR may perform tests, including but not limited to chemical analysis or other laser ablation techniques, to determine whether the Product is of natural, synthetic, or mixed origin or has been treated, even if such tests are not requested by the Customer as part of your Services.

13.2 JTR may, at its sole discretion, include a Laser Engraving stating the results of such JTR testing on any Product that JTR deems to be synthetic, treated, even if JTR has not requested such Laser Engraving as part of Customer Service, and Customer agrees to pay for any such Laser Engraving.

13.3 If Customer does not disclose in writing to JTR that the Product is synthetic or treated when Customer ships a Product to JTR, JTR may, at its sole discretion, notify law enforcement, the World Federation of Diamond Bourses (WFDB), any local stock exchange, or any official institution or commercial entity and may, upon the request of the relevant institution or organization, keep the Product for further investigation and examination or deliver it to authorized institutions or organizations. In such a case, the Customer's addressee is the relevant official or commercial institution or organization. The Customer agrees and undertakes that it holds JTR and JTR Employees free from liability and will not claim any compensation due to the consequences of such notification and the delivery of the said Product to an official or commercial institution.

13.4 If Customer does not disclose in writing to JTR that the Product is synthetic or treated when Customer ships a Product to JTR, JTR, at its sole discretion, may charge Customer a fee in accordance with JTR's fee policy at the time to determine whether the Product is synthetic or treated. Customer agrees and undertakes to pay all such fees. JTR may change the way it determines such fees from time to time at its sole discretion. Upon Customer's request, JTR will provide Customer with fees in effect at the time and fee schedule for such testing. In cases where it is not declared by the Customer that the Product is synthetic or treated, the Customer accepts and undertakes to hold JTR and JTR personnel and third parties free from liability due to the claims of the product being synthetic or treated, and to pay JTR for any damages, indemnity, liabilities, costs, and expenses, including attorney's fees, that may occur.

13.5 Customer acknowledges that the techniques and technology used by JTR to test Products are constantly evolving and contain certain subjective elements. As a result, it may not always be possible to determine whether a Product was treated using JTR's available techniques and technology at the time, and JTR makes no declarations or warranties in this regard to the Customer. JTR shall not be liable to Customer or any third party for its failure to detect whether a Product has been treated or for JTR's misdetection that a Product has been treated.

Customer acknowledges that JTR may disclose details of a Product in connection with the performance of certain Services. Customer further acknowledges that from time to time, local and/or international law enforcement bodies may provide JTR with notices of special interest to the Product or a third party may provide information to JTR that a particular Product has been stolen. If JTR acquires a Product of a similar nature to the Product subject to such notice from law enforcement or from a third party, even if there is a contrary provision in this contract, JTR has the right to notify relevant law enforcement body of such Product and/or relevant third party with the ownership claim. JTR will comply with all requests from a law enforcement body and any order or directive of any court with jurisdiction over JTR regarding the ownership, holding or other disposition of such Product.

JTR may provide the Customer's product, name, and address to law enforcement.JTR may request a court order or directive from the law enforcement authorities regarding the disposal or return of the Product to the Customer or the relevant third party. JTR shall have no liability to Customer in connection with its compliance with any request by law enforcement, court order or directive, or in connection with its actions under this Section. The terms in this Section will continue to apply after the termination of this Agreement.

15.1 The Customer may not transfer, in whole or in part, any of its rights or liabilities under this Agreement (and this and any other agreement between Customer and JTR) without the written consent of JTR.

15.2 JTR has the right to transfer its contractual rights and liabilities partially or wholly to third parties.

JTR shall not be legally obliged to fulfil any obligation presented to Customer in the event of Force Majeure. JTR is not obliged to prove the incalculable and unpredictable nature of the situation that caused Force Majeure. In the event of Force Majeure, JTR's obligations will be suspended. In such case, the Parties will use all reasonable efforts to mitigate the consequences of a Force Majeure. In case the Force Majeure lasts longer than 2 (two) months, JTR shall be entitled to terminate the Agreement without any judicial intervention and without being obliged to pay any compensation to the Customer.

The Parties declare that they will act with the utmost goodwill in the execution or performance of the Agreement (and any other agreement between the Customer and JTR).

JTR reserves the right to amend the General Terms and Conditions at any time. Changes become effective one (1) month after written notice to Customer. If Customer does not wish to accept the changes made to the General Terms and Conditions, he/she shall have the right to terminate the contractual relationship with JTR by registered letter until the effective date of these changes. Changes will be announced on the company website. After the take effect, Customer will be deemed to have accepted the changes if he continues to work with JTR.

19.1 If any (or any part) of this Agreement is invalidated or unenforceable by any court of competent jurisdiction, all (or the remainder) of this Agreement will remain in full force and effect. In such a case, the parties will negotiate in goodwill to replace the provision in question with a different provision that will restore the initial balance of rights and liabilities between the parties as close as possible.

19.2 If any of the obligations contained in the provisions of these Terms and Conditions are invalid by a court or other competent authority under applicable law and it is sufficient to partially delete or amend the relevant contractual provisions of this invalidity, such provisions shall be made valid by applying the appropriate partial deletion or amendment.

20.1 This Agreement will be interpreted and implemented in accordance with the laws of the Republic of Turkey. The provisions of Turkish law regarding conflict of laws will not be applied.

20.2 Any dispute arising out of or relating to this Agreement; In accordance with the Istanbul Arbitration Center (ISTAC) Arbitration Rules, will be finally settled by ISTAC through arbitration. The arbitration language will be Turkish. The place of arbitration is Istanbul/Turkey. The Number of Referees will be applied as stipulated in the ISTAC Rules. The Emergency Arbitrator Rules do not apply.