See all pages for important information. Information subject to change at anytime. Actual appraisal information may vary.
COLOR “GIA”
See chart.
BEYOND THE Z SCALE THERE ARE FANCY COLORED DIAMONDS
See Chart
CLARITY “GIA” AS DEFINED BY THE GEMOLOGICAL INSTITUTE OF AMERICA “GIA”
F
IF
VVS1
VVS2
VS1
VS2
SI1
SI2
I1
I2
I3
CUTTING/PROPORTIONS FOR DIAMONDS
EX
VG
G
F
P
POLISH FOR DIAMONDS
EX
VG
G
F
P
SYMMETRY FOR DIAMONDS
EX
VG
G
F
P
CUTTING/PROPORTIONS FOR COLOR
See Chart
Binocular microscope Ultraviolet light-short/long Thermal probe
Loupe Electronic balance Condensing lens
Diamond grading light Mechanical balance Spectroscope
Polariscope Dichroscope AGL Color Scan
Proportionscope Gemprint equipment CZ color meter set
Polaroid filters Refractometer Digital Diamond Color Meter
Specific gravity liquids Table gauge Gold/silver/platinum testing acids
Niton XRF KEE electronic metals tester A&D EK1200i
Austron Digital Diamond Colorimeter Yehuda Sherlock Holmes CVD & HPHT Detector
Chelsea Filter Quarta Beta, Gamma, X-Ray Geiger and Radiation Detector
DIAMOND CLARITY GRADING NOMENCLATURE
FLAWLESS - Free from all inclusions or blemishes at 10X magnification
INTERNALLY FLAWLESS - no inclusions visible at 10X; insignificant surface blemishes only.
VVS-1 - Minute inclusions - extremely difficult to see at 10X
VVS-2 - Minute inclusions - very difficult to see at 10X
VS-1 - Minor inclusions - Difficult to see face-up at 10X
VS-2 - Minor inclusions - somewhat easy to see at face-up at 10X
SI-1 - Noticeable inclusions - easy to see at 10X
SI-2 - Noticeable inclusions - very easy to see at 10X, may be visible in stones over 1ct
I-1 - Obvious inclusions at 10X - visible to the unaided eye
I-2 - Obvious inclusions - easily visible to the unaided eye
I-3 - Prominent inclusions - extremely easy to see with unaided eye; usually affect durability
DIAMOND COLOR GRADING NOMENCLATURE
D E F - Colorless
G H I - Stones in these grades will “face up” colorless (i.e. slight traces of color will not be apparent in mounted stones to other than the trained eye)
J K L - Small stones in this range will “face up” colorless when mounted but larger ones will be tinted
M - Z - Mounted stones in these grades will display an obvious tint even to the untrained eye
Timberbrook is not connected with the Gemological Institute of America (GIA) in any way. We use G.I.A. terminology in our appraisal reports, however, we do not guarantee that our gradings will be identical to the G.I.A. gradings, although every reasonable effort is made that this should be the case. The information contained in this report is strictly the opinion of the appraiser and any party having this report for use of any purpose agrees to not hold liable the appraiser for any reason. This information is strictly opinion and may require further testing. All items listed in this appraisal are subject to further testing with more advanced equipment to ensure accuracy. This document represents the appraisers professional opinion, supported by techniques and instrumentation available at the time of examination .Law Enforcement Requests and Competing Ownership Claims includes terms and conditions pursuant to which Timberbrook may not return to you an article that was submitted by you including without limitation because law enforcement has requested that Timberbrook retain possession of the Article or because someone else claims to own the Article.
You promise, represent and warrant during the term of this Agreement that the information, materials and documents that you provide to Timberbrook from time to time are complete and accurate, including without limitation the information, materials and documents you provide to Timberbrook and in emails you send to Timberbrook. You agree to promptly update (i) the address and other contact information below if the information changes and (ii) the information you provided to Timberbrook via in- writing information changes during the term of this Agreement. Your failure to promptly update that information may result in Articles being lost or shipped to the wrong address.
Timberbrook's Right to Refuse Articles and to Stop Providing Services. Timberbrook may, in its discretion, elect to suspend or permanently stop accepting Articles from you and to suspend or permanently stop providing Services to you, including without limitation if (a) Timberbrook believes, in Timberbrook's sole discretion, that (i) you are in breach of this Agreement, (ii) you are conducting your business in a manner that is fraudulent, corrupt, deceptive, misleading, harmful to the gem or jewelry industry, harmful to the public, or inconsistent with Timberbrook's mission to ensure the public trust in gems and jewelry, or (iii) you are abusive, disrespectful or rude to Timberbrook personnel; or (b) Timberbrook is prohibited from providing Services to you as a result of sanctions or other restrictions imposed by any governmental authority, domestic or foreign. In each case of (a) and (b), if Timberbrook has any Articles submitted by you, Timberbrook will, unless otherwise prohibited by applicable law or unless otherwise specified in this Agreement, return the Articles to you subject to and as described in this Agreement.
Services Performed by Timberbrook; Reports; Treated and Irradiated Articles. Performance of Services. Subject to the terms and conditions in this Agreement, Timberbrook will use commercially reasonable efforts to perform the Services requested by you. From time to time, Timberbrook may (i) offer new Services, new Reports and new ways to provide Service Results and (ii) discontinue, modify and change certain Services, Reports and how Service Results are provided. Limitations on Services. You acknowledge and agree as follows: (i) any Report and Service Results provided or made available to you in connection with the Services is not a guarantee, valuation, or appraisal of any Article, and you may not refer to any Timberbrook Report or Service Results as such, (ii) Timberbrook does not give valuations or appraisals of Articles in connection with the performance of the Services, (iii) a Report and the Service Results contain a description of the results of the Services performed by Timberbrook on an Article using the techniques, equipment and knowledge used or applied by Timberbrook at the time the Services were performed, which techniques, equipment and knowledge may be different from the techniques, equipment and knowledge used by Timberbrook at any other time, (iv) the results of the Services performed by Timberbrook on an Article may differ from the results of similar services performed on the same Article by others depending upon when, how, and by whom the services were performed, the then-current state of the technology and knowledge used for the services, and may differ in the future as a result of changes and improvements in techniques and equipment, (v) Timberbrook shall be under no obligation to modify or update a Timberbrook Report or Service Results once the Report has been made available on Report Check or the Service Results are otherwise provided to you, in each case notwithstanding any varying report from another service provider, change in technology or methods used by Timberbrook to perform Services, new Services offered by Timberbrook, or varying a Report or how Service Results are provided for the same or a similar Article provided by Timberbrook in the past or in the future, (vi) the color and resolution of the image on Reports and any electronic delivery of Service Results will depend on your hardware and software and the image of the Article may not be used to assess the Article except in connection with the information contained in the Report or the Service Results, and (vii) access to and use of the Timberbrook Client Portal and Report Check are provided by Timberbrook on an "as available" basis.
Treated Articles; Breaches of Ethics. Testing and Inscription of Articles. You agree that Timberbrook may test each Article to determine if the Article is natural, laboratory grown, unstable, or whether it has been treated, even if you did not request that testing as a part of the Services. You further agree that Timberbrook may, in its discretion, remove, obscure or add an Inscription on any Article that Timberbrook reasonably believes to be unstable, laboratory grown or treated based on the results of Timberbrook's testing, even if you did not request the Inscription as a part of the Services. You agree to pay for the Inscription added by Timberbrook. If Timberbrook reasonably believes that an Article is unstable, laboratory grown or treated, then you agree that Timberbrook may state on the applicable Report and Service Results that the Article is unstable, or laboratory grown or that it has been treated or such other designation authorized or specified by any governmental authority. In addition, if you submit an Article to Timberbrook and you do not disclose to Timberbrook in writing at the time of submission that the Article is laboratory grown or unstable or that it has been treated, then Timberbrook may, in its discretion, charge you Timberbrook's then-current fees in accordance with Timberbrook's then-current fee structure/schedule for testing the Article to determine if it is unstable, laboratory grown or treated. You agree to pay all those fees. Timberbrook may change the fees or the method for determining those fees from time to time in its discretion. Upon your request, Timberbrook will provide to you the then-current fees and fee schedule for that testing. Failure to Disclose; Ethics Breach. (i) If you submit an Article to Timberbrook and do not disclose to Timberbrook in writing at the time of submission that the Article is unstable, laboratory grown or that it has been treated and Timberbrook subsequently reasonably suspects or detects that an Article is unstable, laboratory grown or has been treated, or (ii) If you breach, are alleged to have breached, or Timberbrook reasonably suspects that you have breached any ethical standards or other policies of the World Federation of Diamond Bourses (the "WFDB"), the International Diamond Manufacturers Association ("IDMA"), any other trade organization, Timberbrook, or any applicable governmental agency (collectively, "Interested Parties"); or (iii) If (1) Timberbrook becomes aware of matters of interest to the diamond and gem industry, and other matters related to the mission of Timberbrook, both now and in the future, or (2) Timberbrook reasonably suspects that you have altered the Service Results in any format provided by Timberbrook (collectively (i) – (iii) the "Matters"), then Timberbrook may, in its discretion, undertake one or more of the following with respect to the Matters: (a) notify the Interested Parties as well as law enforcement agencies, and any local bourses (which agencies and bourses are also Interested Parties), and provide any related information, data and documents, including without limitation, the names and contact information of individuals that have submitted Articles to or communicated with Timberbrook on your behalf (collectively, the "Information") in Timberbrook's possession, (b) make public, via Timberbrook's website or otherwise, your name and address as well as the names of your owners, members, and shareholders, including without limitation the fact that Timberbrook will no longer be providing Services to you or those other persons, (c) retain and/or turn over the Article at the request of the agency or organization for further investigation, and (d) immediately suspend or terminate this Agreement. In such an event, your only recourse is with the government or trade organization in receipt of the notification and/or Article. You hereby consent to and authorize Timberbrook to provide to the Interested Parties the Information, and consent to and authorize the Interested Parties to provide the Information to their member organizations.You agree that, unless consented to by Timberbrook in writing in each instance, (i) any decisions or conclusions of WFDB, IDMA or trade organizations shall not be binding on Timberbrook, (ii) to the maximum extent permitted by applicable law, you will not reference, introduce into evidence or assert any of those decisions or conclusions in any arbitration or dispute resolution related to this Agreement and (iii) no arbitrator or court shall be bound by any such decision or conclusion and you will not make any arguments or take any position to the contrary. You further agree that Timberbrook is not beholden to any trade organization and that Timberbrook is independent of trade organizations dealing with diamonds and other gems. 5.8.3 Disclaimer. You acknowledge that, (a) the testing techniques and the technology used by Timberbrook for testing Articles to determine if they are laboratory grown , have been treated, and the like are subject to change, evolving and include certain subjective elements, and (b) the ways in which an Article might be laboratory-grown or treated are changing and dynamic and are becoming more sophisticated. As a result, you further acknowledge that it might not be possible in all cases to determine whether an Article is unstable, laboratory-grown or has been treated using Timberbrook's then-current techniques and technology and Timberbrook makes no representations or warranties to you in this regard. Timberbrook shall not have any liability to you or any third party for (i) Timberbrook's failure to detect whether an Article has been treated, or (ii) Timberbrook's inaccurate determination that an Article was treated, natural, laboratory-grown, unstable or undetermined. This Section shall apply to the maximum extent permitted by applicable law.
Settlement or Commencement of an Action. Within thirty(30) days of (i) the date of a Timberbrook Notice that your Article is subject to a Competing Claim or (ii) the date that Timberbrook has notified you that Timberbrook has received from a third party an article with substantially similar characteristics to an article in your Acknowledgement, you must either: (a) settle the Competing Claim with the other interested parties, provide to Timberbrook a copy of the written settlement agreement signed by all interested parties, including where applicable the insurance company, and that settlement agreement must identify the party to whom Timberbrook should deliver the Relevant Article; or (b) commence an action naming all the other interested parties (e.g., the Reporting Party(ies) and Submitting Client) seeking a determination as to the ownership of the Relevant Article. YOU AGREE THAT YOU WILL NOT NAME Timberbrook AS A PARTY TO ANY ACTION RELATED TO A COMPETING CLAIM. Timberbrook may, in its sole discretion, extend this thirty(30) day period. YOUR FAILURE TO DO EITHER OF THE FOREGOING WITHIN THE ALLOTTED THIRTY(30) DAYS COMPLETELY AND IRREVOCABLY WAIVES ANY AND ALL CLAIMS OR ACTIONS AGAINST Timberbrook WITH RESPECT TO THE RELEVANT ARTICLE; AND Timberbrook MAY, IN Timberbrook'S SOLE DISCRETION, (I) COMMENCE LEGAL ACTION BY APPLYING TO A COURT FOR AN ORDER OR DIRECTION AS APPROPRIATE IN THE CIRCUMSTANCES, OR (II) RETURN THE RELEVANT ARTICLE TO THE SUBMITTING CLIENT, THE REPORTING PARTY, OR AN INTERESTED PARTY THAT CLAIMS TO OWN THE ARTICLE
Timberbrook Initiated Legal Actions. Timberbrook may, in its discretion, choose to commence an action in an appropriate court of law, seeking to deposit any Relevant Article that is the subject of a Competing Claim (including without limitation Articles submitted by you) with the court and you agree that you and the other interested parties shall resolve the ownership dispute in that court. Should Timberbrook commence an action, Timberbrook shall be entitled to reimbursement of reasonable costs and fees incurred by Timberbrook (including without limitation reasonable attorneys' fees) for prosecuting and participating in the action from either, both or all of the parties in interest, jointly and severally, without regard to which party is the prevailing party, upon written request from Timberbrook. 7.6 When Actions are Commenced. Further, you agree that Timberbrook may use your alleged ownership of the Relevant Article that is the subject of a Competing Claim as an affirmative and complete defense to Timberbrook to any action regarding Timberbrook's holding, return or other disposition of the Relevant Article, whether or not Timberbrook commenced the action. Once Timberbrook tenders, or offers to tender, the Relevant Article to the court, you shall not oppose Timberbrook's request for Timberbrook's dismissal from the action
No Warranties by Timberbrook. You acknowledge and agree that Timberbrook makes no representation or warranty whatsoever regarding any Article, the Services, Service Results, Reports, Report Check, the ability to access a Report via Report Check, the information included in or excluded from Service Results or a Report, any Timberbrook Inscription or any other pre-existing inscription or markings on an Article. Timberbrook SPECIFICALLY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT AND ANY WARRANTY ARISING FROM COURSE OF PERFORMANCE OF USAGE OF TRADE. YOU AGREE THAT (A) NO INFORMATION INCLUDED ON Timberbrook'S WEBSITE OR IN Timberbrook'S INFORMATIONAL OR PROMOTIONAL MATERIALS OR COMMUNICATED VERBALLY BY Timberbrook SHALL BE DEEMED A REPRESENTATION OR WARRANTY BY Timberbrook AND (B) YOU HAVE NOT RELIED ON THAT INFORMATION. THE DISCLAIMERS SET FORTH IN THIS SECTION (NO WARRANTIES BY Timberbrook) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. You acknowledge and agree that you have not entered into this Agreement in reliance upon any warranty or representation by any person or entity.. Limitations on Timberbrook's Liability; Insurance. Insurance. Timberbrook shall maintain (or cause to be maintained on its behalf) a standard form jewelers block insurance policy (or substantially similar insurance that is available in the jurisdiction where Timberbrook operates) to insure an Article against loss or damage while in Timberbrook's possession. You agree that the liability of Timberbrook and its employees and agents for any loss of, mis-delivery of, or damage to an Article, even if caused by or resulting from the negligence or other fault of Timberbrook or any of its employees or agents, shall be limited to the amount paid to Timberbrook by its insurance carrier and subsequently paid by Timberbrook to you, if any. In any event, Timberbrook and its employees and agents shall not be personally liable for any such loss of, mis-delivery of, or damage to any Article, even if this limited remedy fails in its essential purpose. This Section shall not operate in a way that limits Timberbrook's liability for Timberbrook's acts or omissions for which liability may not be limited under applicable law. Value of Articles. For purposes of this Agreement, the value of Articles that are lost or damaged while in Timberbrook's possession will be the greater of the actual cash value or Timberbrook's obligations under statute, under civil law, under regulatory rules, or following the findings of any alternative dispute resolution binding on Timberbrook' insurer to pay civil compensation or damages. In the event that Timberbrook loses or damages an Article, you agree to provide complete and accurate documentation and receipts to Timberbrook with respect to the actual cash value of the Article. You acknowledge and agree that notwithstanding anything to the contrary, the actual value of an Article may be less than the amount of insurance purchased by you to cover loss or damage during transit to or from Timberbrook, including without limitation because the Article is unstable, laboratory grown, treated, or otherwise not the type of Article you believed the Article to be. 13.3 No Liability for Fragile Articles and Related Issues. Timberbrook will not have any liability to you for damage to Articles in Timberbrook's possession that have inherent or pre-existing characteristics (or vices) that alter or extend during normal processing. This includes without limitation Articles without culets and/or with pointed corners. Timberbrook will notify you if damage occurs to an Article or an inherent or pre-existing characteristics have altered, and are recognized while the Article is in Timberbrook's possession as a result of any of the foregoing. Liability for Errors in Reports, Infringement, or Radioactive Articles. Timberbrook AND ITS EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR (i) ANY LIABILITY, CLAIM, SUIT, ACTION, OR DEMAND FOR PERSONAL INJURY RESULTING FROM EXPOSURE TO A RADIOACTIVE ARTICLE SUBMITTED TO Timberbrook, EVEN IF THE LOSS, DAMAGE, LIABILITY, OR EXPENSE RELATED THERETO WAS CAUSED BY OR RESULTED FROM THE NEGLIGENCE OR OTHER FAULT OF Timberbrook OR ANY OF ITS EMPLOYEES OR AGENTS; (ii) ANY THIRD PARTY CLAIM, SUIT, ACTION, OR DEMAND ALLEGING THAT AN ARTICLE INFRINGES A THIRD PARTY'S PATENT(S), COPYRIGHT(S), TRADEMARK(S), OR OTHER INTELLECTUAL PROPERTY RIGHT(S); OR (iii) ANY ERROR IN OR OMISSION FROM OR IN A REPORT OR ANY SERVICE RESULTS, THE AVAILABILITY, ABILITY TO ACCESS, OR USE OF A REPORT, AND/OR AN INSCRIPTION, INCLUDING, WITHOUT LIMITATION ANY ERROR IN OR OMISSION FROM OR IN ANY SERVICE RESULTS OR A REPORT CAUSED BY Timberbrook, ITS EMPLOYEES OR AGENTS, OR OTHERS. THIS SECTION 13.4 SHALL NOT OPERATE IN A WAY THAT LIMITS Timberbrook'S LIABILITY FOR Timberbrook'S ACTS OR OMISSIONS FOR WHICH LIABILITY MAY NOT BE LIMITED UNDER APPLICABLE LAW. Limitations of Liability. YOU AGREE THAT Timberbrook AND ITS EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY LOST PROFITS, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, STATUTORY, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION WITH RESPECT TO OR ARISING UNDER OR RELATED TO THIS AGREEMENT, THE SERVICES, SERVICE RESULTS OR A REPORT, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. EXCEPT FOR Timberbrook'S OBLIGATION TO PAY YOU THE INSURANCE PROCEEDS REFERENCED ABOVE, IN NO EVENT SHALL THE TOTAL, CUMULATIVE LIABILITY OF Timberbrook EXCEED THE PRICE OF THE SERVICES PROVIDED BY Timberbrook UNDER THIS AGREEMENT TO YOU FOR WHICH LIABILITY ARISES. Application. The disclaimers and limitations on liability in this Agreement, including without limitation the disclaimers and limitations in this Section 13 (Limitations on Timberbrook's Liability; Insurance) (i) shall apply to any claims and causes of action, under any theory of liability, whether in contract, tort (including without limitation negligence), indemnity, or otherwise; and (ii) shall be deemed to apply notwithstanding the failure of the essential purpose of any limited remedy set forth in this Agreement. No Indemnity by Timberbrook. You agree that Timberbrook is not obligated to defend, indemnify, or hold you harmless in connection with any third party claims, suits, or actions brought against you, including without limitation claims brought by any Article owner, purchaser, or downstream purchaser. Basis Of the Bargain. The parties have fully considered the foregoing allocation of risk and the remedies set forth in this Agreement and find that allocation and those remedies to be reasonable, and agree that the foregoing limitation and the other limitations in this Agreement are an essential basis of the bargain between the parties. This Section 13 shall not operate in a way that limits Timberbrook's liability for Timberbrook's acts or omissions for which liability may not be limited under applicable law.
Statute of Limitations. To the extent permitted by applicable law, notwithstanding any longer statute of limitations period provided under applicable law, no cause of action, claim, or suit relating to this Agreement, an Article or any Service or the relationship of the parties under this Agreement, whether sounding in contract, tort, or otherwise, may be brought or commenced more than twelve (12) months after the date the action, claim, or suit accrued. The foregoing shall not apply if applicable law precludes the shortening of the applicable statute of limitations period as described above.
3 Class Action Waiver: You agree not to participate as a representative or member of any class of claimants proceeding against Timberbrook in a judicial forum or an arbitral forum, including a class action, representative action, consolidated action or private attorney general action. The arbitrators may not consolidate more than one person's or entity's claims, and may not otherwise preside over any form of a class or representative proceeding or claims unless both you and Timberbrook specifically agree to do so following initiation of the arbitration in a writing signed by authorized representatives of each party. Class Action Waiver Opt-Out; Small Claims Court: Notwithstanding the other terms in this section (Dispute Resolution and Arbitration/Class Action Waiver Provision) , if you are located in the United States, then you or Timberbrook may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute may be and is initiated in small claims court in the United States; or (b) YOU OPT-OUT OF THE ARBITRATION PROCEDURES IN THIS SECTION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST EXECUTE THIS AGREEMENT (the "Opt-Out Deadline"). If you are located in the United States, you may opt out of the arbitration terms in this Section by mailing written notification to Timberbrook. Your written notification must include (1) your name and your Timberbrook client number, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Timberbrook through arbitration. Your decision to opt-out of this arbitration provision will have no adverse effect on your relationship with Timberbrook. Any opt-out request received after the Opt-Out Deadline is not valid and you must pursue your Dispute(s) in arbitration or small claims court as described in this Section. For the avoidance of doubt, only if you are located in the United States may you choose to opt out of the arbitration terms in this Section.. If you are located in the United States and have elected to pursue Disputes in court by opting out of the arbitration terms in this section, then you hereby consent and submit to the personal jurisdiction and venue of the United States federal courts located in Bucks County, PA United States of America. The jurisdiction of those courts shall be exclusive, provided that either party may seek injunctive relief or other equitable relief in a court of competent jurisdiction. Jury Trial Waiver: If you elect to pursue Disputes in court by opting out of arbitration in this Section then, to the extent jury trials are permitted under applicable law, each party hereby waives, to the maximum extent permitted by applicable law, its right to a jury trial for any cause of action, claim, or suit arising out of or related to this Agreement. You or Timberbrook may file a copy of this Agreement with the court as evidence of written consent to waive the right to jury trial. This Section shall survive the termination of this Agreement.
ALL LABORATORY REPORTS, APPRAISAL REPORTS, RECEIPTS, JOB RECEIPTS, AND ANY OTHER DOCUMENTATION PROVIDED BY VELVET BOX SOCIETY (TIMBERBROOK CAPITAL) ITS EMPLOYEES AND AFFILIATES ARE SUBJECTIVE AND NOT OBJECTIVE. THEY ARE NOTHING MORE THAN AN INFORMED OPINION
- The purpose of this appraisal is to determine retail replacement value for the function of obtaining insurance. Any other use of this appraisal will render it null and void.
- Unless specifically stated otherwise, the items described in this report were purchased from Timberbrook. The purpose of this appraisal is to determine retail replacement value. Retail replacement value is determined by conducting market analysis of the wholesale value and applying the appropriate retail mark-up. The retail replacement value listed in this report is almost certainly in a higher than actual price charged by Timberbrook due to the fact that Timberbrook operates in a highly competitive market which discounts its prices.
- Timberbrook offers this appraisal to its customers as a service. When the items described in this report were purchased from Timberbrook no additional fee was charged for the appraisal service rendered. If any additional services are required of the appraiser, such as a testimony, depositions, hearings, or court appearance, arrangements must be made in advance and at the then prevailing hourly rates.
- The statements made in this report are believed to be true and correct. Appraisal values are the best judgment and opinion of the appraiser and are based on the current market information. Past or future values will be clearly marked as such. Appraisal evaluations are the appraiser’s best judgment and opinion and are based on current gemological knowledge. Diamonds are graded in accordance with the prescribed grading standards as taught by the (AGL) American Gemological Laboratories / or the (GIA) Gemological Institute of America. The appraiser has made a physical inspection of the items described in this report and if any assistance was rendered by any other party it will be so noted.
- The information in this report is confidential. The limited owner of this appraisal is the party for whom the work was performed. Third parties can rely on the information in this report for the defined purpose and function only. Third parties requiring further information than what is in the report must obtain written permission of the owner of the appraisal before we will discuss it with them.
- Hypothetical, fractional or preliminary appraisals will be labeled as such.
- Possession of this report does not provide title of ownership to the items appraised. Appraisal values are based on whole ownership. This appraisal does not discover liens, encumbrances, or fractional interests. Sales tax is not included in appraised value.
- This is not an offer to buy the appraised items at this price or at any price.
- Unless expressly stated, the condition of the items appraised are good for their type with serious deficiencies and repairs noted. Ordinary wear and tear common to this type is not usually noted. Wear and tear, marring, deterioration, inherent vice, latent defect, treatment, inherent tendency, and mechanical breakdown may not be noted.
- Stones that are mounted can only be assigned approximate gradings for color cut and clarity; and weights can only be estimated by the volumetric calculation. Appraisals on mounted gemstones are less accurate than would be otherwise possible if they were unset.
- ALL LABORATORY REPORTS, APPRAISAL REPORTS, AND DOCUMENTATION PROVIDED BY VELVET BOX SOCIETY (TIMBERBROOK CAPITAL) ITS EMPLOYEES AND AFFILIATES ARE SUBJECTIVE AND NOT OBJECTIVE. THEY ARE NOTHING MORE THAN AN INFORMED OPINION
- GRADING USED FOR DIAMONDS.
COLOR “GIA”
See chart.
BEYOND THE Z SCALE THERE ARE FANCY COLORED DIAMONDS
See Chart
CLARITY “GIA” AS DEFINED BY THE GEMOLOGICAL INSTITUTE OF AMERICA “GIA”
F
IF
VVS1
VVS2
VS1
VS2
SI1
SI2
I1
I2
I3
CUTTING/PROPORTIONS FOR DIAMONDS
EX
VG
G
F
P
POLISH FOR DIAMONDS
EX
VG
G
F
P
SYMMETRY FOR DIAMONDS
EX
VG
G
F
P
CUTTING/PROPORTIONS FOR COLOR
See Chart
- Unless otherwise stated, all the colored gemstones listed in this report have probably been subjected to a stable and possibly undetectable enhancement process. Market values are based on these universally practiced and accepted processes and are taken into account by the appraiser.
- The following universally accepted gemological equipment is in our office. We use this equipment in the appraisal process. It is important to note that the appraiser selects the appropriate equipment to use and that all of the equipment is not used on every piece appraised.
Binocular microscope Ultraviolet light-short/long Thermal probe
Loupe Electronic balance Condensing lens
Diamond grading light Mechanical balance Spectroscope
Polariscope Dichroscope AGL Color Scan
Proportionscope Gemprint equipment CZ color meter set
Polaroid filters Refractometer Digital Diamond Color Meter
Specific gravity liquids Table gauge Gold/silver/platinum testing acids
Niton XRF KEE electronic metals tester A&D EK1200i
Austron Digital Diamond Colorimeter Yehuda Sherlock Holmes CVD & HPHT Detector
Chelsea Filter Quarta Beta, Gamma, X-Ray Geiger and Radiation Detector
- Possession of this report, any portion of this report, or any copy thereof does not include the right of publication without the consent of Timberbrook. Public use of the name of the appraiser, Timberbrook name, or information contained in the appraisal is not granted. Use of this report in advertising is not permitted.
- No change in this report may be made by anyone other than the appraiser who has signed this report. Timberbrook cannot be responsible for any unauthorized alterations.
- The analysis, opinions, conclusions, and valuations in this report were developed in accordance with the normal procedures of the trade and the report prepared, in conformity with the ASA Standard of Professional Practice and the ASA Code of Ethics for the personal property discipline. The ASA/Master Gemologist Appraiser standards of practice have also been observed and followed.
- This appraisal does not authenticate any brand or verify ownership of the person listed on the appraisal.
DIAMOND CLARITY GRADING NOMENCLATURE
FLAWLESS - Free from all inclusions or blemishes at 10X magnification
INTERNALLY FLAWLESS - no inclusions visible at 10X; insignificant surface blemishes only.
VVS-1 - Minute inclusions - extremely difficult to see at 10X
VVS-2 - Minute inclusions - very difficult to see at 10X
VS-1 - Minor inclusions - Difficult to see face-up at 10X
VS-2 - Minor inclusions - somewhat easy to see at face-up at 10X
SI-1 - Noticeable inclusions - easy to see at 10X
SI-2 - Noticeable inclusions - very easy to see at 10X, may be visible in stones over 1ct
I-1 - Obvious inclusions at 10X - visible to the unaided eye
I-2 - Obvious inclusions - easily visible to the unaided eye
I-3 - Prominent inclusions - extremely easy to see with unaided eye; usually affect durability
DIAMOND COLOR GRADING NOMENCLATURE
D E F - Colorless
G H I - Stones in these grades will “face up” colorless (i.e. slight traces of color will not be apparent in mounted stones to other than the trained eye)
J K L - Small stones in this range will “face up” colorless when mounted but larger ones will be tinted
M - Z - Mounted stones in these grades will display an obvious tint even to the untrained eye
Timberbrook is not connected with the Gemological Institute of America (GIA) in any way. We use G.I.A. terminology in our appraisal reports, however, we do not guarantee that our gradings will be identical to the G.I.A. gradings, although every reasonable effort is made that this should be the case. The information contained in this report is strictly the opinion of the appraiser and any party having this report for use of any purpose agrees to not hold liable the appraiser for any reason. This information is strictly opinion and may require further testing. All items listed in this appraisal are subject to further testing with more advanced equipment to ensure accuracy. This document represents the appraisers professional opinion, supported by techniques and instrumentation available at the time of examination .Law Enforcement Requests and Competing Ownership Claims includes terms and conditions pursuant to which Timberbrook may not return to you an article that was submitted by you including without limitation because law enforcement has requested that Timberbrook retain possession of the Article or because someone else claims to own the Article.
You promise, represent and warrant during the term of this Agreement that the information, materials and documents that you provide to Timberbrook from time to time are complete and accurate, including without limitation the information, materials and documents you provide to Timberbrook and in emails you send to Timberbrook. You agree to promptly update (i) the address and other contact information below if the information changes and (ii) the information you provided to Timberbrook via in- writing information changes during the term of this Agreement. Your failure to promptly update that information may result in Articles being lost or shipped to the wrong address.
Timberbrook's Right to Refuse Articles and to Stop Providing Services. Timberbrook may, in its discretion, elect to suspend or permanently stop accepting Articles from you and to suspend or permanently stop providing Services to you, including without limitation if (a) Timberbrook believes, in Timberbrook's sole discretion, that (i) you are in breach of this Agreement, (ii) you are conducting your business in a manner that is fraudulent, corrupt, deceptive, misleading, harmful to the gem or jewelry industry, harmful to the public, or inconsistent with Timberbrook's mission to ensure the public trust in gems and jewelry, or (iii) you are abusive, disrespectful or rude to Timberbrook personnel; or (b) Timberbrook is prohibited from providing Services to you as a result of sanctions or other restrictions imposed by any governmental authority, domestic or foreign. In each case of (a) and (b), if Timberbrook has any Articles submitted by you, Timberbrook will, unless otherwise prohibited by applicable law or unless otherwise specified in this Agreement, return the Articles to you subject to and as described in this Agreement.
Services Performed by Timberbrook; Reports; Treated and Irradiated Articles. Performance of Services. Subject to the terms and conditions in this Agreement, Timberbrook will use commercially reasonable efforts to perform the Services requested by you. From time to time, Timberbrook may (i) offer new Services, new Reports and new ways to provide Service Results and (ii) discontinue, modify and change certain Services, Reports and how Service Results are provided. Limitations on Services. You acknowledge and agree as follows: (i) any Report and Service Results provided or made available to you in connection with the Services is not a guarantee, valuation, or appraisal of any Article, and you may not refer to any Timberbrook Report or Service Results as such, (ii) Timberbrook does not give valuations or appraisals of Articles in connection with the performance of the Services, (iii) a Report and the Service Results contain a description of the results of the Services performed by Timberbrook on an Article using the techniques, equipment and knowledge used or applied by Timberbrook at the time the Services were performed, which techniques, equipment and knowledge may be different from the techniques, equipment and knowledge used by Timberbrook at any other time, (iv) the results of the Services performed by Timberbrook on an Article may differ from the results of similar services performed on the same Article by others depending upon when, how, and by whom the services were performed, the then-current state of the technology and knowledge used for the services, and may differ in the future as a result of changes and improvements in techniques and equipment, (v) Timberbrook shall be under no obligation to modify or update a Timberbrook Report or Service Results once the Report has been made available on Report Check or the Service Results are otherwise provided to you, in each case notwithstanding any varying report from another service provider, change in technology or methods used by Timberbrook to perform Services, new Services offered by Timberbrook, or varying a Report or how Service Results are provided for the same or a similar Article provided by Timberbrook in the past or in the future, (vi) the color and resolution of the image on Reports and any electronic delivery of Service Results will depend on your hardware and software and the image of the Article may not be used to assess the Article except in connection with the information contained in the Report or the Service Results, and (vii) access to and use of the Timberbrook Client Portal and Report Check are provided by Timberbrook on an "as available" basis.
Treated Articles; Breaches of Ethics. Testing and Inscription of Articles. You agree that Timberbrook may test each Article to determine if the Article is natural, laboratory grown, unstable, or whether it has been treated, even if you did not request that testing as a part of the Services. You further agree that Timberbrook may, in its discretion, remove, obscure or add an Inscription on any Article that Timberbrook reasonably believes to be unstable, laboratory grown or treated based on the results of Timberbrook's testing, even if you did not request the Inscription as a part of the Services. You agree to pay for the Inscription added by Timberbrook. If Timberbrook reasonably believes that an Article is unstable, laboratory grown or treated, then you agree that Timberbrook may state on the applicable Report and Service Results that the Article is unstable, or laboratory grown or that it has been treated or such other designation authorized or specified by any governmental authority. In addition, if you submit an Article to Timberbrook and you do not disclose to Timberbrook in writing at the time of submission that the Article is laboratory grown or unstable or that it has been treated, then Timberbrook may, in its discretion, charge you Timberbrook's then-current fees in accordance with Timberbrook's then-current fee structure/schedule for testing the Article to determine if it is unstable, laboratory grown or treated. You agree to pay all those fees. Timberbrook may change the fees or the method for determining those fees from time to time in its discretion. Upon your request, Timberbrook will provide to you the then-current fees and fee schedule for that testing. Failure to Disclose; Ethics Breach. (i) If you submit an Article to Timberbrook and do not disclose to Timberbrook in writing at the time of submission that the Article is unstable, laboratory grown or that it has been treated and Timberbrook subsequently reasonably suspects or detects that an Article is unstable, laboratory grown or has been treated, or (ii) If you breach, are alleged to have breached, or Timberbrook reasonably suspects that you have breached any ethical standards or other policies of the World Federation of Diamond Bourses (the "WFDB"), the International Diamond Manufacturers Association ("IDMA"), any other trade organization, Timberbrook, or any applicable governmental agency (collectively, "Interested Parties"); or (iii) If (1) Timberbrook becomes aware of matters of interest to the diamond and gem industry, and other matters related to the mission of Timberbrook, both now and in the future, or (2) Timberbrook reasonably suspects that you have altered the Service Results in any format provided by Timberbrook (collectively (i) – (iii) the "Matters"), then Timberbrook may, in its discretion, undertake one or more of the following with respect to the Matters: (a) notify the Interested Parties as well as law enforcement agencies, and any local bourses (which agencies and bourses are also Interested Parties), and provide any related information, data and documents, including without limitation, the names and contact information of individuals that have submitted Articles to or communicated with Timberbrook on your behalf (collectively, the "Information") in Timberbrook's possession, (b) make public, via Timberbrook's website or otherwise, your name and address as well as the names of your owners, members, and shareholders, including without limitation the fact that Timberbrook will no longer be providing Services to you or those other persons, (c) retain and/or turn over the Article at the request of the agency or organization for further investigation, and (d) immediately suspend or terminate this Agreement. In such an event, your only recourse is with the government or trade organization in receipt of the notification and/or Article. You hereby consent to and authorize Timberbrook to provide to the Interested Parties the Information, and consent to and authorize the Interested Parties to provide the Information to their member organizations.You agree that, unless consented to by Timberbrook in writing in each instance, (i) any decisions or conclusions of WFDB, IDMA or trade organizations shall not be binding on Timberbrook, (ii) to the maximum extent permitted by applicable law, you will not reference, introduce into evidence or assert any of those decisions or conclusions in any arbitration or dispute resolution related to this Agreement and (iii) no arbitrator or court shall be bound by any such decision or conclusion and you will not make any arguments or take any position to the contrary. You further agree that Timberbrook is not beholden to any trade organization and that Timberbrook is independent of trade organizations dealing with diamonds and other gems. 5.8.3 Disclaimer. You acknowledge that, (a) the testing techniques and the technology used by Timberbrook for testing Articles to determine if they are laboratory grown , have been treated, and the like are subject to change, evolving and include certain subjective elements, and (b) the ways in which an Article might be laboratory-grown or treated are changing and dynamic and are becoming more sophisticated. As a result, you further acknowledge that it might not be possible in all cases to determine whether an Article is unstable, laboratory-grown or has been treated using Timberbrook's then-current techniques and technology and Timberbrook makes no representations or warranties to you in this regard. Timberbrook shall not have any liability to you or any third party for (i) Timberbrook's failure to detect whether an Article has been treated, or (ii) Timberbrook's inaccurate determination that an Article was treated, natural, laboratory-grown, unstable or undetermined. This Section shall apply to the maximum extent permitted by applicable law.
Settlement or Commencement of an Action. Within thirty(30) days of (i) the date of a Timberbrook Notice that your Article is subject to a Competing Claim or (ii) the date that Timberbrook has notified you that Timberbrook has received from a third party an article with substantially similar characteristics to an article in your Acknowledgement, you must either: (a) settle the Competing Claim with the other interested parties, provide to Timberbrook a copy of the written settlement agreement signed by all interested parties, including where applicable the insurance company, and that settlement agreement must identify the party to whom Timberbrook should deliver the Relevant Article; or (b) commence an action naming all the other interested parties (e.g., the Reporting Party(ies) and Submitting Client) seeking a determination as to the ownership of the Relevant Article. YOU AGREE THAT YOU WILL NOT NAME Timberbrook AS A PARTY TO ANY ACTION RELATED TO A COMPETING CLAIM. Timberbrook may, in its sole discretion, extend this thirty(30) day period. YOUR FAILURE TO DO EITHER OF THE FOREGOING WITHIN THE ALLOTTED THIRTY(30) DAYS COMPLETELY AND IRREVOCABLY WAIVES ANY AND ALL CLAIMS OR ACTIONS AGAINST Timberbrook WITH RESPECT TO THE RELEVANT ARTICLE; AND Timberbrook MAY, IN Timberbrook'S SOLE DISCRETION, (I) COMMENCE LEGAL ACTION BY APPLYING TO A COURT FOR AN ORDER OR DIRECTION AS APPROPRIATE IN THE CIRCUMSTANCES, OR (II) RETURN THE RELEVANT ARTICLE TO THE SUBMITTING CLIENT, THE REPORTING PARTY, OR AN INTERESTED PARTY THAT CLAIMS TO OWN THE ARTICLE
Timberbrook Initiated Legal Actions. Timberbrook may, in its discretion, choose to commence an action in an appropriate court of law, seeking to deposit any Relevant Article that is the subject of a Competing Claim (including without limitation Articles submitted by you) with the court and you agree that you and the other interested parties shall resolve the ownership dispute in that court. Should Timberbrook commence an action, Timberbrook shall be entitled to reimbursement of reasonable costs and fees incurred by Timberbrook (including without limitation reasonable attorneys' fees) for prosecuting and participating in the action from either, both or all of the parties in interest, jointly and severally, without regard to which party is the prevailing party, upon written request from Timberbrook. 7.6 When Actions are Commenced. Further, you agree that Timberbrook may use your alleged ownership of the Relevant Article that is the subject of a Competing Claim as an affirmative and complete defense to Timberbrook to any action regarding Timberbrook's holding, return or other disposition of the Relevant Article, whether or not Timberbrook commenced the action. Once Timberbrook tenders, or offers to tender, the Relevant Article to the court, you shall not oppose Timberbrook's request for Timberbrook's dismissal from the action
No Warranties by Timberbrook. You acknowledge and agree that Timberbrook makes no representation or warranty whatsoever regarding any Article, the Services, Service Results, Reports, Report Check, the ability to access a Report via Report Check, the information included in or excluded from Service Results or a Report, any Timberbrook Inscription or any other pre-existing inscription or markings on an Article. Timberbrook SPECIFICALLY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT AND ANY WARRANTY ARISING FROM COURSE OF PERFORMANCE OF USAGE OF TRADE. YOU AGREE THAT (A) NO INFORMATION INCLUDED ON Timberbrook'S WEBSITE OR IN Timberbrook'S INFORMATIONAL OR PROMOTIONAL MATERIALS OR COMMUNICATED VERBALLY BY Timberbrook SHALL BE DEEMED A REPRESENTATION OR WARRANTY BY Timberbrook AND (B) YOU HAVE NOT RELIED ON THAT INFORMATION. THE DISCLAIMERS SET FORTH IN THIS SECTION (NO WARRANTIES BY Timberbrook) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. You acknowledge and agree that you have not entered into this Agreement in reliance upon any warranty or representation by any person or entity.. Limitations on Timberbrook's Liability; Insurance. Insurance. Timberbrook shall maintain (or cause to be maintained on its behalf) a standard form jewelers block insurance policy (or substantially similar insurance that is available in the jurisdiction where Timberbrook operates) to insure an Article against loss or damage while in Timberbrook's possession. You agree that the liability of Timberbrook and its employees and agents for any loss of, mis-delivery of, or damage to an Article, even if caused by or resulting from the negligence or other fault of Timberbrook or any of its employees or agents, shall be limited to the amount paid to Timberbrook by its insurance carrier and subsequently paid by Timberbrook to you, if any. In any event, Timberbrook and its employees and agents shall not be personally liable for any such loss of, mis-delivery of, or damage to any Article, even if this limited remedy fails in its essential purpose. This Section shall not operate in a way that limits Timberbrook's liability for Timberbrook's acts or omissions for which liability may not be limited under applicable law. Value of Articles. For purposes of this Agreement, the value of Articles that are lost or damaged while in Timberbrook's possession will be the greater of the actual cash value or Timberbrook's obligations under statute, under civil law, under regulatory rules, or following the findings of any alternative dispute resolution binding on Timberbrook' insurer to pay civil compensation or damages. In the event that Timberbrook loses or damages an Article, you agree to provide complete and accurate documentation and receipts to Timberbrook with respect to the actual cash value of the Article. You acknowledge and agree that notwithstanding anything to the contrary, the actual value of an Article may be less than the amount of insurance purchased by you to cover loss or damage during transit to or from Timberbrook, including without limitation because the Article is unstable, laboratory grown, treated, or otherwise not the type of Article you believed the Article to be. 13.3 No Liability for Fragile Articles and Related Issues. Timberbrook will not have any liability to you for damage to Articles in Timberbrook's possession that have inherent or pre-existing characteristics (or vices) that alter or extend during normal processing. This includes without limitation Articles without culets and/or with pointed corners. Timberbrook will notify you if damage occurs to an Article or an inherent or pre-existing characteristics have altered, and are recognized while the Article is in Timberbrook's possession as a result of any of the foregoing. Liability for Errors in Reports, Infringement, or Radioactive Articles. Timberbrook AND ITS EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR (i) ANY LIABILITY, CLAIM, SUIT, ACTION, OR DEMAND FOR PERSONAL INJURY RESULTING FROM EXPOSURE TO A RADIOACTIVE ARTICLE SUBMITTED TO Timberbrook, EVEN IF THE LOSS, DAMAGE, LIABILITY, OR EXPENSE RELATED THERETO WAS CAUSED BY OR RESULTED FROM THE NEGLIGENCE OR OTHER FAULT OF Timberbrook OR ANY OF ITS EMPLOYEES OR AGENTS; (ii) ANY THIRD PARTY CLAIM, SUIT, ACTION, OR DEMAND ALLEGING THAT AN ARTICLE INFRINGES A THIRD PARTY'S PATENT(S), COPYRIGHT(S), TRADEMARK(S), OR OTHER INTELLECTUAL PROPERTY RIGHT(S); OR (iii) ANY ERROR IN OR OMISSION FROM OR IN A REPORT OR ANY SERVICE RESULTS, THE AVAILABILITY, ABILITY TO ACCESS, OR USE OF A REPORT, AND/OR AN INSCRIPTION, INCLUDING, WITHOUT LIMITATION ANY ERROR IN OR OMISSION FROM OR IN ANY SERVICE RESULTS OR A REPORT CAUSED BY Timberbrook, ITS EMPLOYEES OR AGENTS, OR OTHERS. THIS SECTION 13.4 SHALL NOT OPERATE IN A WAY THAT LIMITS Timberbrook'S LIABILITY FOR Timberbrook'S ACTS OR OMISSIONS FOR WHICH LIABILITY MAY NOT BE LIMITED UNDER APPLICABLE LAW. Limitations of Liability. YOU AGREE THAT Timberbrook AND ITS EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY LOST PROFITS, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, STATUTORY, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION WITH RESPECT TO OR ARISING UNDER OR RELATED TO THIS AGREEMENT, THE SERVICES, SERVICE RESULTS OR A REPORT, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. EXCEPT FOR Timberbrook'S OBLIGATION TO PAY YOU THE INSURANCE PROCEEDS REFERENCED ABOVE, IN NO EVENT SHALL THE TOTAL, CUMULATIVE LIABILITY OF Timberbrook EXCEED THE PRICE OF THE SERVICES PROVIDED BY Timberbrook UNDER THIS AGREEMENT TO YOU FOR WHICH LIABILITY ARISES. Application. The disclaimers and limitations on liability in this Agreement, including without limitation the disclaimers and limitations in this Section 13 (Limitations on Timberbrook's Liability; Insurance) (i) shall apply to any claims and causes of action, under any theory of liability, whether in contract, tort (including without limitation negligence), indemnity, or otherwise; and (ii) shall be deemed to apply notwithstanding the failure of the essential purpose of any limited remedy set forth in this Agreement. No Indemnity by Timberbrook. You agree that Timberbrook is not obligated to defend, indemnify, or hold you harmless in connection with any third party claims, suits, or actions brought against you, including without limitation claims brought by any Article owner, purchaser, or downstream purchaser. Basis Of the Bargain. The parties have fully considered the foregoing allocation of risk and the remedies set forth in this Agreement and find that allocation and those remedies to be reasonable, and agree that the foregoing limitation and the other limitations in this Agreement are an essential basis of the bargain between the parties. This Section 13 shall not operate in a way that limits Timberbrook's liability for Timberbrook's acts or omissions for which liability may not be limited under applicable law.
Statute of Limitations. To the extent permitted by applicable law, notwithstanding any longer statute of limitations period provided under applicable law, no cause of action, claim, or suit relating to this Agreement, an Article or any Service or the relationship of the parties under this Agreement, whether sounding in contract, tort, or otherwise, may be brought or commenced more than twelve (12) months after the date the action, claim, or suit accrued. The foregoing shall not apply if applicable law precludes the shortening of the applicable statute of limitations period as described above.
3 Class Action Waiver: You agree not to participate as a representative or member of any class of claimants proceeding against Timberbrook in a judicial forum or an arbitral forum, including a class action, representative action, consolidated action or private attorney general action. The arbitrators may not consolidate more than one person's or entity's claims, and may not otherwise preside over any form of a class or representative proceeding or claims unless both you and Timberbrook specifically agree to do so following initiation of the arbitration in a writing signed by authorized representatives of each party. Class Action Waiver Opt-Out; Small Claims Court: Notwithstanding the other terms in this section (Dispute Resolution and Arbitration/Class Action Waiver Provision) , if you are located in the United States, then you or Timberbrook may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute may be and is initiated in small claims court in the United States; or (b) YOU OPT-OUT OF THE ARBITRATION PROCEDURES IN THIS SECTION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST EXECUTE THIS AGREEMENT (the "Opt-Out Deadline"). If you are located in the United States, you may opt out of the arbitration terms in this Section by mailing written notification to Timberbrook. Your written notification must include (1) your name and your Timberbrook client number, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Timberbrook through arbitration. Your decision to opt-out of this arbitration provision will have no adverse effect on your relationship with Timberbrook. Any opt-out request received after the Opt-Out Deadline is not valid and you must pursue your Dispute(s) in arbitration or small claims court as described in this Section. For the avoidance of doubt, only if you are located in the United States may you choose to opt out of the arbitration terms in this Section.. If you are located in the United States and have elected to pursue Disputes in court by opting out of the arbitration terms in this section, then you hereby consent and submit to the personal jurisdiction and venue of the United States federal courts located in Bucks County, PA United States of America. The jurisdiction of those courts shall be exclusive, provided that either party may seek injunctive relief or other equitable relief in a court of competent jurisdiction. Jury Trial Waiver: If you elect to pursue Disputes in court by opting out of arbitration in this Section then, to the extent jury trials are permitted under applicable law, each party hereby waives, to the maximum extent permitted by applicable law, its right to a jury trial for any cause of action, claim, or suit arising out of or related to this Agreement. You or Timberbrook may file a copy of this Agreement with the court as evidence of written consent to waive the right to jury trial. This Section shall survive the termination of this Agreement.
ALL LABORATORY REPORTS, APPRAISAL REPORTS, RECEIPTS, JOB RECEIPTS, AND ANY OTHER DOCUMENTATION PROVIDED BY VELVET BOX SOCIETY (TIMBERBROOK CAPITAL) ITS EMPLOYEES AND AFFILIATES ARE SUBJECTIVE AND NOT OBJECTIVE. THEY ARE NOTHING MORE THAN AN INFORMED OPINION