IMPORTANT LIMITATIONS REGARDING RARE CONCEPT REPORTS

ANY PERSON PURPORTING TO RELY ON AN RARE CONCEPT REPORT IS SUBJECT TO THESE GENERAL TERMS AND CONDITIONS.

AN APPRAISAL REPORT IS NOT A WARRANTY NOR A GUARANTY OF THE VALUE, GRADE, COLOR AND/OR OTHER CHARACTERISTICS INCLUDED IN THE REPORT. A REPORT ENTAILS ONLY AN OPINION BY RARE CONCEPT ON AN ARTICLE, FOLLOWING THE RESULTS OF CONTRACTED SERVICES PERFORMED BY RARE CONCEPT ON THE ARTICLE, USING EQUIPMENT POSSESSED BY RARE CONCEPT AND TECHNIQUES KNOWN TO RARE CONCEPT AT THE TIME OF EXAMINATION OF THE ARTICLE BY RARE CONCEPT. OPINIONS MAY VARY AS TO THE CHARACTERISTICS COVERED IN THE REPORT DEPENDING ON WHEN, HOW AND BY WHOM (INCLUDING THE GEMOLOGIST PREPARING THE REPORT) THE ARTICLE IS EXAMINED AND THE TECHNIQUES AND EQUIPMENT THAT HAVE BEEN USED BY DIFFERENT LABORATORIES (TECHNOLOGIES AND EQUIPMENT EMPLOYED IN TREATMENTS, PROCESSING AND SYNTHESIS ARE CONTINUOUSLY EVOLVING AND MAY VARY).

NEITHER RARE CONCEPT NOR ITS EMPLOYEES SHALL, AT ANY TIME, BE HELD RESPONSIBLE FOR ANY DIFFERENCE OF OPINION OR DISCREPANCY WHICH MAY RESULT FROM THE APPLICATION OF OTHER GRADING, ASSESSMENT AND/OR IDENTIFICATION METHODS, TOOLS OR TECHNIQUES. THE RESULTS OF ANOTHER EXAMINATION OF THE ARTICLE MAY VARY FROM THE REPORT BASED ON A VARIETY OF FACTORS.

RARE CONCEPT DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO, ANY POSSIBLE IMPLIED WARRANTIES FOR FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND/OR NON-INFRINGEMENT.

(1) NEITHER RARE CONCEPT NOR ANY OF ITS EMPLOYEES OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY LOSS, DAMAGE, COST OR EXPENSE RESULTING FROM OR CAUSED BY ANY ERROR IN OR OMISSION FROM THE REPORT, EVEN IF THE LOSS, DAMAGE, COST OR EXPENSE WAS CAUSED BY RARE CONCEPT OR ANY OF ITS EMPLOYEES OR AGENTS; AND (2) IN ANY EVENT, RARE CONCEPT AND ITS EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL, STATUTORY AND/OR ANY OTHER DAMAGES, RESULTING FROM OR CAUSED BY ANY ERROR IN OR OMISSION FROM, OR FOR THE ISSUANCE OF OR USE OF, THE REPORT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Rare Concept Appraisal Report Disclosures:

Insurance Replacement Appraisal Report - This document is intended for insurance purposes only, being an estimate of the cost to replace the article(s) at full retail prices in effect at this date. The information recorded on this appraisal represents our interpretation of results obtained from gemological instruments and grading techniques designed for this purpose. Any modifications applied to the original piece including but not limited to metal structure and composition alteration, diamond and gemstone (shape, cut, color, clarity, size, hue, saturation, etc.) replacement or alteration will void this appraisal. Jewelry polishing and sizing will not affect the status of this appraisal. Due to the subjective nature of gemological appraisals, results may vary considerably between appraisers. We have completed this identification and evaluation accurately and objectively, to the best of our knowledge and abilities.

Fair Market Value Appraisal Report - Any modifications applied to the original piece including but not limited to metal structure and composition alteration, diamond and gemstone (shape, cut, color, clarity, size, hue, saturation, etc.) replacement or alteration will void this appraisal. Jewelry polishing and sizing will not affect the status of this appraisal. The values set forth herein are an estimate of the average current market price. The appraised value does not necessarily reflect the price at which a similar item may be purchased at a specific jeweller. This document is intended for fair market evaluation purposes only, being an estimate of the cost to replace the article(s) at fair market prices (taxes not included) in effect as of the effective date. The information recorded on this appraisal represents our interpretation of results obtained from gemological instruments and grading techniques designed for this purpose. Due to the subjective nature of gemological appraisals, results may vary considerably between appraisers. We have completed this identification and evaluation accurately and objectively, to the best of our knowledge and abilities.

Prices and conditions

All of Rare Concept’s prices exclude any local applicable taxes and other indirect taxes, unless expressly stated otherwise. Rare Concept’s pricing information is available upon request. Rare Concept’s prices are freely determined by Rare Concept and do not depend on derived values of the Article.

Rare Concept will render an invoice to the Client in the country where the Client delivered the Article to or were the inspection took place by Rare concept. Prices are recorded in the local currency or the currency agreed by both Parties in which case they will be converted into that currency using the exchange rate at the time of issuance of the invoice. Invoices must be paid in the currency indicated on the invoice. The Client bears any currency exchange risk.

Any quotation or estimation of the price for a Service is only an estimate and is based on the exchange rate in effect at the time of the quotation. The price payable by the Client for the Services will be the actual price determined after completion of the Services by Rare Concept and once the applicable exchange rate has been applied at the time of issuing the invoice.

Payment method and terms

Unless stated otherwise on the invoice, Rare Concept’s invoices must be paid in full before or when the delivery is made. In any case the invoiced amount must be credited to Rare Concept’s account by no later than the due date, without the deduction of any banking or other costs.

Payment must be made by bank transfer or by another generally accepted payment method, it being understood that Rare Concept expressly reserves the right to refuse cheques and bills. Drawing and/or accepting bills or other marketable instruments does not constitute novation and is not a deviation from these General Terms and Conditions.

Regardless of what has been agreed with regard to payment terms, Rare Concept is entitled to require adequate security from the Client before delivery. If this security is not provided at all or satisfactorily (to be determined at Rare Concept’s sole discretion) within the period stipulated by Rare Concept. Rare Concept will be entitled to suspend or cancel the performance of its obligations (including delivery). Rare Concept will not be liable in any way for any damage that may arise for the Client from this suspension or cancellation.

If payment is not made within the payment period mentioned on the invoice or, in case the invoice does not mention such payment period, within 30 (thirty) calendar days of the invoice date, the Client will be regarded as being in default by operation of law and without any prior notice of default from Rare Concept. In this case, the Client must pay interest to Rare Concept as from the date of its default at 12% per annum, calculated on the basis of the 365 day year or, in case the highest interest rate permitted by applicable law is lower than 12% per annum, the highest interest rate under the national applicable law.

If payment is not made by the due date, Rare Concept will be entitled to suspend all current Services without notice. Further, Rare Concept will be entitled to exercise a lien on any and all Articles of the Client in possession of Rare Concept until full payment of all outstanding invoices, including any interest, is made.

Liability regarding the Services

The Client understands and agrees that Rare Concept has delivered its Services, including its Reports for a small fee compared to the present and potential value of the Articles referred to.

Nature and qualification of the Services

The Client acknowledges (a) that a Report onlyentails an opinion by Rare Concept on an Article, following the results of the Services performed by Rare Concept on an Article, using equipment possessed by Rare Concept and techniques known to Rare Concept at the time of examination of the Article by Rare Concept and (b) that opinions may vary as to the characteristics covered in this Report depending on when, how and by whom (including the gemologist preparing the Report) the Article is examined and the techniques and equipment that have been used by different laboratories. In this respect, the Client expressly acknowledges that different laboratories can express different opinions on Articles.

Hence, neither Rare Concept nor its Employees shall, at any time, be held responsible for any discrepancy which may result from the application of other grading and/or identification methods or the subjective judgments of gemologists conducting an examination. Neither Rare Concept nor any member of its staff can further be held liable in any way in case the analysis reflected in a Report deviates from the analysis the Client expected.

Rare Concept operates as an independent laboratory and has no financial interest in the sale or purchase of any Article. Rare Concept does not agree to purchase or replace the Article and a Report of Rare Concept can in no event and under no circumstances be interpreted or considered as an effort to purchase or replace the Article. In case Rare Concept expresses value(s) in its Reports, such value(s) expressed in the Reports are based on the appraiser’s best judgment and opinion and is not a representation or warranty that the Article(s) will realize that value when the Article(s) is offered for sale at auction or otherwise. The value(s), if expressed, is (are) based on current information, excluding federal, state or local taxes, on the date indicated and no opinion will be expressed as to any past or future value unless otherwise expressly stated.

Rare Concept acts in an independent manner with respect to all Reports issued by Rare Concept, and no principal of Rare Concept has any direct or indirect financial or other material interest (i) in the person of the submitter of the Article and/or (ii) in the Article itself submitted for valuation and/or evaluation.

ADDITIONAL LIMITATIONS RELATING TO THIS WEBSITE

RARE CONCEPT MAKES NO REPRESENTATION THAT MATERIALS ON THIS WEBSITE ARE APPROPRIATE OR AVAILABLE FOR USE IN YOUR JURISDICTION. IF YOU CHOOSE TO ACCESS THIS WEBSITE, YOU DO SO AT YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE.

UNLESS PROHIBITED BY LAW, NEITHER RARE CONCEPT (INCLUDING ITS OWNERS, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES), NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE, SHALL BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF GOODWILL, LOSS OF REVENUE, REPUTATIONAL DAMAGES, LOSS OF ANTICIPATED SAVINGS AND LOSS OF OPPORTUNITY) THAT RESULT FROM USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE, EXCEPT IN CASE OF FRAUD OR WILLFUL INTENT. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION APPLIES TO YOU TO THE FULLEST EXTENT PERMITTED UNDER THE APPLICABLE LAW

TO THE FULLEST EXTENT PERMITTED BY LAW, RARE CONCEPT MAKES NO GUARANTEES, WARRANTIES, REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OR SUITABILITY FOR ANY PURPOSE OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND TO THE FULLEST EXTENT PERMITTED BY LAW ASSUMES NO LIABILITY OR RESPONSIBILITY, EXCEPT IN CASE OF FRAUD OR WILLFUL INTENT FOR (I) ANY MISTAKES, OR INACCURACIES OF CONTENT OTHER THAN THE INFORMATION THAT RARE CONCEPT IS LEGALLY OBLIGED TO PROVIDE AND TO GUARANTEE THE ACCURACY OF, (II) ANY (PERSONAL) INJURY OR (PROPERTY) DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS WEBSITE OR ANY SITE LINKED TO THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF RARE CONCEPTS SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON TO THE EXTENT THAT RARE CONCEPT IS NOT RESPONSIBLE FOR THE EVENT GIVING RISE TO THE DAMAGE, (IV) ANY INTERRUPTION OF OR CESSATION OF THE PROPER FUNCTIONING OR AVAILABILITY OF THIS WEBSITE OR ANY SITE LINKED TO THIS WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THIS WEBSITE BY ANY THIRD PARTY FOR WHICH RARE CONCEPT CANNOT BE HELD RESPONSIBLE, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OTHER THAN THE INFORMATION THAT RARE CONCEPT IS LEGALLY OBLIGED TO PROVIDE AND TO GUARANTEE THE ACCURACY OF OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THIS WEBSITE FOR WHICH RARE CONCEPT CANNOT BE HELD RESPONSIBLE.

DISPUTES AND GOVERNING LAW

USE OF THIS WEBSITE AND THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY THE LAWS OF THE COUNTRY WHERE THE RARE CONCEPT REPORT WAS ISSUED BY RARE CONCEPT WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. IN THE EVENT THAT ANY PORTION OF THESE TERMS AND CONDITIONS ARE DEEMED UNENFORCEABLE, UNLAWFUL OR VOID BY A TRIBUNAL OF COMPETENT JURISDICTION, IN ANY JURISDICTION FOR ANY REASON, UNLESS NARROWED BY CONSTRUCTION, SUCH PORTION OF THESE TERMS AND CONDITIONS SHALL, FOR PURPOSES OF SUCH JURISDICTION ONLY, BE CONSTRUED AS IF SUCH INVALID, PROHIBITED OR UNENFORCEABLE PORTION HAD BEEN MORE NARROWLY CONSTRUCTED SO AS NOT TO BE INVALID, PROHIBITED OR UNENFORCEABLE (OR, IF SUCH PROVISION CANNOT BE DRAWN NARROWLY ENOUGH, THE TRIBUNAL MAKING ANY SUCH DETERMINATION SHALL HAVE THE POWER TO MODIFY SUCH PORTION OF THESE TERMS AND CONDITIONS TO THE EXTENT NECESSARY TO MAKE SUCH PORTION OF THESE TERMS AND CONDITIONS ENFORCEABLE IN SUCH JURISDICTION, AND SUCH PORTION SHALL THEN BE APPLICABLE IN SUCH MODIFIED FORM IN SUCH JURISDICTION). IF, NOTWITHSTANDING THE FOREGOING, ANY SUCH PORTION OF THESE TERMS AND CONDITIONS WOULD BE HELD TO BE INVALID, PROHIBITED OR UNENFORCEABLE IN ANY JURISDICTION FOR ANY REASON, SUCH PORTION, AS TO SUCH JURISDICTION ONLY, SHALL BE INEFFECTIVE TO THE EXTENT OF SUCH INVALIDITY, PROHIBITION OR UNENFORCEABILITY, WITHOUT INVALIDATING THE REMAINING PROVISIONS SET FORTH IN THESE TERMS AND CONDITIONS. NO NARROWED CONSTRUCTION, MODIFICATION, OR INVALIDATION OF ANY PORTION OF THE TERMS AND CONDITIONS SHALL AFFECT THE CONSTRUCTION, VALIDITY OR ENFORCEABILITY OF SUCH PORTION IN ANY OTHER JURISDICTION. NO WAIVER BY RARE CONCEPT OF ANY TERM OR CONDITION OF THESE TERMS AND CONDITIONS SHALL BE DEEMED A FURTHER OR CONTINUING WAIVER OF SUCH TERM OR CONDITION OR OF ANY OTHER TERM OR CONDITION, AND RARE CONCEPTS FAILURE TO ASSERT ANY RIGHT OR DEMAND COMPLIANCE WITH ANY PROVISION OF THESE TERMS AND CONDITIONS SHALL NOT BE DEEMED TO CONSTITUTE A WAIVER OF ANY SUCH RIGHT OR PROVISION.

EXCEPT WHERE PROHIBITED BY LAW, AS A CONDITION OF YOU ACCESSING AND/OR USING THIS WEBSITE AND/OR CLICKING ACCEPTANCE OF THESE TERMS AND CONDITIONS, YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW (1) ANY AND ALL DISPUTES AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS WEBSITE SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY FINAL AND BINDING ARBITRATION IN THE TOWN OR CITY WHERE THE REGISTERED OFFICE OF THE COMPANY OF RARE CONCEPT, LLC WHICH HAS ISSUED THE REPORT IS LOCATED WITHIN ONE YEAR FROM THE DATE THAT THE CAUSE OF ACTION AROSE (OR, IF MULTIPLE CAUSE OF ACTIONS ARE INVOLVED, FROM THE DATE THAT THE FIRST CAUSE OF ACTION AROSE), WITH SUCH ARBITRATION CONDUCTED PURSUANT TO THE THEN PREVAILING RULES OF ARBITRATION OF THE INTERNATIONAL CHAMBER OF COMMERCE BY THREE ARBITRATORS APPOINTED IN ACCORDANCE WITH THOSE RULES OF ARBITRATION, WHEREBY THE ARBITRATION SHALL BE CONDUCTED IN THE ENGLISH LANGUAGE ; AND (2) JUDGMENT UPON SUCH ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY LAW, NO ARBITRATION BROUGHT PURSUANT HERETO SHALL BE JOINED TO ANY OTHER ACTION OR ARBITRATION.

THE RULES GOVERNING ARBITRATION ARE DIFFERENT THAN THOSE IN COURT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD THE SAME MONETARY DAMAGES AS A COURT. YOU UNDERSTAND THAT BY ACCEPTING THESE TERMS AND CONDITIONS, YOU ARE GIVING UP YOUR RIGHT TO A TRIAL IN COURT, EITHER WITH OR WITHOUT A JURY.

TO THE FULLEST EXTENT PERMITTED AT LAW, UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AN AWARD FOR, AND BY ACCESSING AND/OR USING THIS WEBSITE YOU WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES (INCLUDING MULTIPLIED AND/OR INCREASED DAMAGES AND/OR ATTORNEYS' FEES AND COURT COSTS) FOR, ANY DISPUTE OR CAUSE OF ACTION THAT YOU MAY HAVE THAT RELATES IN WHOLE OR PART TO THIS WEBSITE AND/OR THE MATERIALS HEREON. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS AND CONDITIONS OR OTHERWISE, YOUR RECOVERY WITH RESPECT TO ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS FOR WHICH YOU ARE ENTITLED SHALL, TO THE FULLEST EXTENT PERMITTED AT LAW, BE LIMITED TO YOUR ACTUAL OUT-OF-POCKET COSTS INCURRED, EXCLUDING ATTORNEYS’ FEES AND COURT COSTS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS AND CONDITIONS, RARE CONCEPT MAY AT ANY TIME SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF AGAINST YOU AND/OR AGAINST OTHERS, IN ANY COURT CHOSEN BY RARE CONCEPT IN THE EVENT THAT RARE CONCEPT BELIEVES THAT THERE IS A VIOLATION, OR A THREATENED VIOLATION, OF ANY OF RARE CONCEPTS INTELLECTUAL PROPERTY RIGHTS AND, IN SUCH CASE, YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF SUCH COURT.