WARRANTY DISCLAIMER

WITH RESPECT TO OUR SERVICES, RINGTUTOR WARRANTS THAT WE SHALL PERFORM ALL OF OUR SERVICES IN A PROFESSIONAL AND COMMERCIALLY REASONABLE MANNER.  THE WARRANTY SET FORTH IN THIS PRIOR SENTENCE IS THE ONLY WARRANTY GIVEN BY RINGTUTOR IN CONNECTION WITH SERVICES PROVIDED HEREUNDER AND NO OTHER WARRANTIES SHALL BE IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR RINGTUTOR’S ABILITY TO ACQUIRE ANY PARTICULAR DIAMOND.

WITH RESPECT TO THE DIAMONDS, BECAUSE RINGTUTOR NEVER ACTUALLY SEES OR POSSESSES THE DIAMONDS THAT WE EVALUATE, WE BASE OUR EVALUATIONS, ANALYSES, AND RECOMMENDATIONS SOLELY ON THE AVAILABLE GRADING REPORTS.

ACCORDINGLY, RINGTUTOR, NOT BEING THE VENDOR, SUPPLIER, OR MANUFACTURER OF THE DIAMOND NOR THE VENDOR’S, SUPPLIER’S, OR MANUFACTURER’S AGENT, MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE DIAMOND, THE VENDOR, THE SUPPLIER, OR THE MANUFACTURER, AND DISCLAIMS ANY SUCH WARRANTIES THAT MIGHT OTHERWISE EXIST.  

THIS DISCLAIMER OF WARRANTIES INCLUDES ANY WARRANTY REGARDING:

(1) THE QUALITY OR ACCURACY OF THE GRADING REPORT, INCLUDING (i) WHETHER THE GRADING REPORT SENT BY THE VENDOR REPRESENTS THE DIAMOND IT IS SELLING, OR (ii) WHETHER THE GRADES THAT GIA/AGS ASSIGNS YOUR DIAMOND ARE CORRECT;

(2) THE AUTHENTICITY OF THE DIAMOND;

(3) THE MERCHANTABILITY OF THE DIAMOND OR ITS FITNESS FOR ANY PARTICULAR PURPOSE;

(4) THE DESIGN, QUALITY, CONDITION, WORKMANSHIP, OR VALUE OF THE DIAMOND, INCLUDING (i) ANY DURABILITY ISSUES CAUSED BY INCLUSIONS THAT MAY NOT SHOW UP CLEARLY ENOUGH IN THE SCANNED COPY OF THE PLOT SHEET OF THE GRADING REPORT; OR (ii) WHETHER YOUR DIAMOND HAS BEEN FRACTURE FILLED (OR ENHANCED IN ANY OTHER WAY) AFTER IT WAS GRADED BY GIA OR AGS;

(5) ANY POLICY OR SERVICE OF ANY SUCH VENDOR, SUPPLIER, OR MANUFACTURER, INCLUDING TIMELINESS OF ANY DELIVERY, SHIPPING TERMS, OR RETURN POLICIES; OR

(6) WHETHER YOU WILL FIND A SIMILAR DIAMOND AT THE SAME OR LOWER PRICE AS THE DIAMOND YOU SELECT THROUGH OUR RECOMMENDATION;

IT BEING AGREED THAT ALL SUCH RISKS, AS BETWEEN RINGTUTOR AND YOU, ARE TO BE BORNE SOLELY BY YOU.  YOU UNDERSTAND AND HEREBY AGREE THAT THERE IS SUBSTANTIAL RISK INVOLVED IN THE PURCHASE AND SALE OF DIAMONDS AND THAT RINGTUTOR IS NOT RESPONSIBLE FOR ANY LOSSES IN CONNECTION WITH ANY SUCH PURCHASE OR SALE.  

LIMITATION OF LIABILITY

IN NO EVENT WILL RINGTUTOR BE LIABLE TO YOU OR TO ANY OTHER PARTY ACTING THROUGH YOU OR ON YOUR BEHALF FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST REVENUES OR PROFITS) ARISING FROM OR RELATING TO RINGTUTOR’S SERVICES HEREUNDER, INCLUDING, BUT NOT LIMITED TO, FAILURE TO OBTAIN THE DIAMOND AND ANY CLAIMS REGARDING THE VALUE, QUALITY, OR AUTHENTICITY OF THE DIAMOND.  RINGTUTOR’S AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING FROM OR RELATING TO OUR SERVICES HEREUNDER WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU TO RINGTUTOR FOR OUR SERVICES.