1. The diamonds herein invoiced have been purchased (or sourced) from legitimate sources not involved in funding conflict, in compliance with United Nations Resolutions and corresponding national laws. If a customer wishes, Passion Jewels BV can list the countries from which they are sourced. The seller hereby gurantees that these diamonds are conflict free and confirms adherence to the WDC SoW Guidelines. The diamonds herein invoiced are exclusively of natural origin and untreated based on personal knowledge and/or written guarantees provided by the supplier of these diamonds.
  2. Delivery terms are provided for information purposes only. Delays do not constitute grounds for compensation or dissolution.
  3. Subject to further estimation of the damage, in case of cancellation or refusal of a delivery for (standard) goods, the customer shall owe a fixed compensation of 25% of the total (estimated) value. However, in case of cancellation or refusal of a delivery of specially ordered goods, the compensation is equal to the full value of the order, if production has already started.
  4. The risk for the goods passes to the customer upon closing of the contract. Any storage pending delivery or collection shall be at the customer's risk. Every transport shall be at the customer's risk and expense.
  5. If the customer does not collect the goods after being invited to do so, Passion Jewels BV may, after expiry of a period of fifteen days and without prior notice of default, charge storage costs or remove the goods at the risk of the customer, and in any case consider the agreement as cancelled by the customer.
  6. As long as delivered goods have not been fully paid, they remain the property of Passion Jewels BV. Under no circumstances may they be sold before its claim has been paid. Full payment only transfers the ownership regardless of the conditions of this proforma invoice. In case the purchaser takes delivery of the goods prior to full payment he will be considered, not as owner, but as holder on consignment for account. 
  7. In the case of resale by the customer before his obligations to Passion Jewels BV have been fulfilled, the mere fact of resale gives the customer a transfer of his claim against his buyer to the amount of the part still due to Passion Jewels BV. The customer undertakes to inform his buyer accordingly.
  8. All complaints must be received within eight days after the delivery. The submission of a complaint does not release the customer from his payment obligations. Return of delivered goods can only take place after prior written consent of Passion Jewels BV. 
  9. Passion Jewels BV's warranty claims with respect to defects in the delivered goods does not extend beyond those of its suppliers. In the event of contractual or non-contractual fault, Passion Jewels BV is under no circumstances liable for consequential damage and its liability for direct damage is limited to the corresponding cost price for the order in which the fault was committed. 
  10. All models, drawings, designs, ... specially made for an order will be charged to the customer, even if they are not the subject of a sale between the parties.
  11. If the customer provides plans, designs, models, materials, instruments, …, Passion Jewels BV may exercise a right of retention on these goods until full payment of its invoices. For any loss or damage, Passion Jewels BV is only liable as an unpaid storage contractor.
  12. If the customer requests to work according to a certain drawing or model, or applying a certain process, the customer is solely responsible for claims of third parties by virtue of patents, design protections or all other intellectual property rights. If necessary, he will voluntarily intervene in any proceedings in order to grant Passion Jewels BV absolute indemnity.
  13. Unless explicitly stipulated otherwise, all invoices are payable within 30 days after the invoice date.
  14. Any protest against an invoice must be done written within 30 days of the invoice date, stating the date and number of the invoice, as well as the exact reason for the protest.
  15. In the event of late payment or full or partial breach of the contract by the customer, a fixed compensation of 10% (ten percent) of the amount due, with a minimum of 85,00 US DOLLAR (eightyfive US DOLLAR), shall be due automatically and without prior notice of default. Expenses related to unpaid bills of exchange or checks as well as other collection expenses shall be charged separately.

    Also an interest of 8% on a yearly basis shall be due in the event of late payment or full or partial breach of the contract by the customer.
  16. Passion Jewels BV has the right to stop all further deliveries immediately in the event of any late payment or full or partial breach of the contract by the customer. It also has the right to consider the agreement cancelled by the customer automatically and without prior notice of default for the whole or the part not yet carried out. In such a case, the customer has no recourse whatsoever, nor any right to compensation for non-executed deliveries. 
  17. If Passion Jewels BV is unable to execute the agreement due to force majeure, strike, lock-out, etc., it may terminate the agreement without any compensation being claimed.
  18. Passion Jewels BV reserves the right to regard the agreement as dissolved automatically and without prior notice of default in the event of bankruptcy or apparent insolvency of the customer, as well as in the event of any change in his legal situation.
  19. All agreements entered into by Passion Jewels BV are governed exclusively by Belgian law.
  20. In the event of a dispute, the courts of Antwerp, Antwerp division, shall have the exclusive jurisdiction.