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Welcome to tenderdiamond.com
The following terms and conditions set out important information about the services available at tenderdiamond.com and the terms governing your use of this website and sale of the diamonds offered on it.
"Applicable Law" means all of the laws, regulations and established practices of any governmental or regulatory authority, as well as any standard, rule, recommendation or principle generally applicable to the relevant provision in these terms and conditions.
"Event of Default" means (a) any breach of our contractual obligations under these terms and conditions; and (b) any representation, statement or tortious act or omission including negligence arising under or in connection with: (i) these terms and conditions; (ii) the provision of the Website and/or Services; or (iii) the sale of any Product."Lot" means any of lots listed on the Website, containing a Product for sale.
"Payment Date" means, in respect of each Lot, the date specified in the relevant Lot Listing, as the date by which the Winning Bidder must pay its Tender Price plus VAT and other relevant taxes thereon for that Lot.
"Website" means www.tenderdiamonds.com.
"Winning Bidder" means, in respect of any Lot: (a) the Bidder who submitted the highest Tender Price for the Lot before the expiry of the Lot's Bid Deadline; or (b) if more than one Bidder submits the same Tender Price, and that Tender Price is the highest Tender Price submitted for the Lot before the Lot's Bid Deadline), the Bidder who is successful in the procedure set out in clause 4.2.2. Bidder's Accounts
2.1 The Services are for the use of registered Bidders, as accepted by us, only. Permission to bid for any Lot is granted at our sole discretion and remains subject to our approval. We reserve the right to withdraw a Bidder's permission to submit Tenders at any time and we are under no obligation to accept any Tender.
2.2 Once registered, the Bidder shall be responsible for the security of its password, PIN and any other security information allocated by us in respect of the Bidder's account. The Bidder agrees that:3. Submission of Tenders
3.1 The Website enables Users to submit Tenders for Lots. Users may submit only one Tender for each Lot and Users must submit each Tender between the time at which the relevant Lot is first listed on the Website and the expiry of that Lot's Bid Deadline. On expiry of a Lot's Bid Deadline, no further Tenders for that Lot will be accepted by us.
3.2 The submission of a Tender by a User constitutes an irrevocable offer by the Bidder to purchase the Lot the subject of the Tender at the relevant Tender Price. For the avoidance of doubt, once submitted, a Tender cannot be withdrawn or amended. The Bidder will be liable for any errors contained in the Tender and each Winning Bidder will be liable to pay the Tender Price of its Tender.
3.4 Without prejudice to clause 3.2 and any of our other rights and remedies, if any of the conditions set out in clause 3.3 is not satisfied in respect of any Lot, we shall be entitled not to sell the Product in the affected Lot and, in our sole discretion, we may:
3.5 We shall be entitled, in our sole discretion, to withdraw any Lot at any time before expiry of the relevant Lot's Bid Deadline. If we withdraw any Lot in accordance with this clause 3.5, all Tenders received in respect of the withdrawn Lot prior to the time of withdrawal shall be rejected and we shall have no:
3.6 Bidders shall be entitled to view any Lots by appointment only. We reserve the right to monitor any viewing with video surveillance cameras, limit viewing to selected, pre-qualified representatives of the Bidder only and to restrict viewing.
3.8 All Bidders agree to conduct themselves in a business-like manner and in accordance with these terms and conditions. All Bidders will ensure that their representatives who view any Lot will follow any instructions of our staff regarding the viewing and/or handling of Products and all Bidders agree to conduct themselves in good faith within the normal business practices of the diamond industry.
3.9 All Bidders specifically accept that they and all of their representatives are responsible for ensuring that they check weigh each Lot upon receipt for viewing to confirm to themselves that they are looking at the correct diamond(s).
4.1 All Tenders submitted shall remain sealed until the relevant Lot's Bid Deadline. We will notify all Bidders of the highest Tender Price bid for each Lot by email after the relevant Lot's Bid Deadline and the Winning Bidder shall provide names of contact persons and telephone numbers where they can be reached within two days following the such notification.
4.2 Subject always to clauses 3.3 and 3.5, we will sell the Product identified in each Lot to that Lot's Winning Bidder at the Tender Price of the Winning Bidder's Tender. The Winning Bidder will purchase the Product identified in the Lot the subject of the Winning Bidder's Tender in accordance with these terms and conditions.4.3 If more than one Bidder submits the same Tender Price for a Lot (and that Tender Price is the highest Tender Price for that Lot), the Lot is tied. In the event of a tied Lot, the tied Bidders will choose to settle the tied Lot by:
(b) by the toss of a coin (if two tied Bidders) or by the drawing of the Winning Bidder's name out of a hat (if three or more tied Bidders), in each case by us (or our Agent) and on the following basis:
(i) the coin toss/drawing of a name will be made at a time and location convenient to us or our Agent, reasonably shortly after the relevant Lot's Bid Deadline and as notified by us to the relevant Bidders in advance;
(ii) the relevant coin, or means of placing the Bidders' names in a hat (or other receptacle chosen by us or our agent) and of drawing one such name thereform, will be chosen by us or our Agent;
(iii) in the case of a coin toss, the Bidder whose corporate name comes first in the English alphabet will call the toss, provided that if such Bidder does not call the toss when asked to do so it will forfeit its entitlement to participate in the coin toss and the other relevant Bidder will automatically be the Winning Bidder; and
(iv) each such tie will be settled by a single coin toss/drawing of a name.
4.4 The Bidders will notify us of their choice of settling a Lot within 24 hours of being informed of such tied Lot. If any of the tied Bidders does not agree to settle the tied Lot pursuant to clause 4.2(a), then the tied Lot will be settled pursuant to 4.2(b).
5.1 The Winning Bidder shall pay by electronic transfer the full Tender Price together with VAT and all other relevant sales taxes applicable thereon to the bank account or such account as is specified in invoice for the relevant Lot Listing.
5.2 The Winning Bidder shall ensure that all payments due are cleared in the above bank account before expiry of the relevant Lot's Payment Date. If all of the payment due is not cleared in the above bank account before expiry of the relevant Lot's Payment Date, then we reserve the right to withdraw the relevant Lot and clause 3.5 shall apply.
5.4 Provided each of the conditions set out in clause 3.3 is satisfied, following receipt of all payments due from the Winning Bidder, we shall notify the Winning Bidder by email or phone that the Product the subject of the Winning Bidder's Tender is available for collection. Collection shall be made from our Agent's Antwerp office during normal business hours, where the Winning Bidder or his agent will have to provide suitable identification, if requested by our Agent and sign for receipt of the Lot(s).
5.5 If a Winning Bidder requests, we may (but shall not be obliged to) make shipment of the Winning Bidder's Product. If we agree to make such shipment, the Winning Bidder shall pay, in advance, all shipping, insurance and reasonable handling fees, which shall be agreed with us on a case-by-case basis in respect of such shipment to Winning Bidder's specified delivery location ("Shipping Costs"). Any such shipment shall only be conducted after we have received, in full, payment of the Tender Price (including VAT and all relevant sales taxes) and the Shipping Costs in accordance with clause 5.1.
5.7 Title to the Product shall pass to the Winning Bidder only after full payment has been confirmed as received in clear funds in the above bank account. The Winning Bidder must arrange collection (or, if applicable, shipment) of its Product within 7 days of the the date on which payment is confirmed as received, and if the Winning Bidder fails to do so, we reserve the right to charge the Winning Bidder reasonable storage fees until such time as the Product is collected or shipped.6. Technical Difficulties
6.1 From time to time technical difficulties may render the Website inaccessible and/or the Services inoperable. Whilst we shall to take all reasonable steps to correct any such difficulties as quickly as is reasonably practicable, we do not warrant or guarantee uninterrupted or error free use of the Services and we accept no liability for any such interruption or errors.
6.2 In the event that we experience technical difficulties which render the Website inaccessible or the Services inoperable, we will notify all Bidders affected. In such circumstances, all affected Bidders may submit their Tenders via our standard paper forms and all Tenders will be entered manually into the System by our staff as soon as the technical difficulty is resolved. All paper Tenders must be received by us before the relevant Lot's Bid Deadline, or any new deadline that is set by us because of these technical difficulties, and we will not be obliged to accept any paper Tenders that have not been duly signed by an authorised signatory on behalf of the Bidder.7. Warranties
7.1 We warrant to the Bidder that each Product will comply in all material respects at the time of collection with its Lot Listing. The warranty set out in this clause 8.1 is the only warranty given by us. All other warranties, conditions and representations relating to either the Product, the Services and/or the Website (whether express or implied, including but not limited to warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement) are excluded to the fullest extent permitted by law.8. Liability
8.1 The following provisions govern the our entire liability (including any liability of our employees, agents (including our Agent) and sub-contractors) to each User and each Bidder (in each case a "Claiming Party") in respect of any Event of Default, save that any exclusions or limitations shall not apply in the case of fraud or fraudulent concealment.
8.2 If a number of Events of Default give rise substantially to the same loss they shall be regarded as giving rise to only one claim. A Claiming Party shall give us not less than 60 days in which to remedy any Event of Default.
(including, in each case, such loss or damage suffered by the Claiming Party as a result of any action brought by a third party) even if such loss was reasonably foreseeable or if we had been advised of the possibility of the Claiming Party incurring it.
8.5 We shall have no liability to the Claiming Party in respect of any Event of Default unless the Claiming Party serves notice of the same upon us within one year of the date it became aware of the circumstances giving rise to the Event of Default or the date it ought reasonably to have become so aware.
8.6 Unless stated otherwise, our liability in respect any one Event of Default (whether arising in contract, tort, breach of statutory duty or otherwise, including any liability for negligence) howsoever caused shall be limited to the value of the Tender Price submitted by the Bidder in respect of the Lot the subject of such Event of Default and in no event will our liability, in aggregate, in respect of any matters arising at any time in connection with these terms and conditions exceed a total of Euro 5,000.9. Confidentiality and Proprietary Rights
(a) The Website and the System each contains confidential information. Such confidential information and all copyright, trade marks, database rights and other intellectual property rights in the Website and the System are our exclusive property or our licensors' exclusive property.
(d) not (and not attempt to) upload, post, email, transmit or otherwise transfer to the System any computer codes, viruses, files or programs that may interrupt, destroy, or limit the functionality of any part of the System or Services;
(h) without prejudice to the foregoing, take all such other steps as we may require from time to time to protect our confidential information and intellectual property rights in the content of the Website and/or the System.
9.3 The Bidder shall inform all its relevant employees and other staff (including Users) that the content of the Website and the System constitute our confidential information and that all intellectual property rights therein are our property (or our licensors' property) and the Bidder shall take all such steps as shall be necessary to ensure compliance by its employees and other staff (including Users) with the provisions of this clause 9.
9.4 The identity of all Bidders is strictly confidential and neither we, nor any Bidder shall (and each Bidder shall ensure that its Users shall not) disclose the identity of any Bidder to any third party. Each Bidder agrees not to (and each Bidder shall ensure that its Users shall not) disclose the details of its Tender (including without limitation the Tender Price) to any third party nor to discuss or coordinate any Tender with any other User, Bidder or third parties in any way.
10.1 These terms and conditions embody and sets forth the entire agreement and understanding between the Bidder and us, and supersede all prior oral or written representations, agreements, understandings or arrangements relating to the subject matter of these terms and conditions. Save in the case of fraud or fraudulent concealment, no party shall be liable to the other for any representation, agreement, understanding or arrangement which is not expressly set forth in these terms and conditions.
10.2 This agreement shall be governed by the English law. We, the Bidder and the User hereby submit to the exclusive jurisdiction of the World Federation of Diamond bourses in Antwerp in respect of any disputes arising in relation to these terms and conditions, their formation and/or performance.
10.3 No failure or delay by us to exercise or enforce any right, power or provision in these terms and conditions shall operate as a waiver of such right, power or provision, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
10.5 We may amend these terms and conditions from time to time. If we make any amendments to these terms and conditions, we will notify the Bidders that they have changed. The most recent terms and conditions are available at www.tenderdiamond.com/terms and the Bidder agrees any variations to these terms and conditions shall apply to any submitted Tenders for which the Bid Deadline has not expired and any future Tenders to be submitted after the date of the variation.Updated 10/07/08