Canadamark™ Diamond Certificate Important Limitations
This CanadaMark™ diamond certificate is not a guarantee, valuation or appraisal. Dominion Diamond Corporation and its affiliated companies (collectively “Dominion Diamond”) do not make any representations or warranties about the CanadaMark diamond certificate or the diamond referred to in it. The CanadaMark diamond certificate is provided “AS IS,” “WHERE-IS,” “AS AVAILABLE,” AND WITH “ALL FAULTS,” AND WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OR RELIABILITY. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS CANADAMARK DIAMOND CERTIFICATE ARE HEREBY DISCLAIMED. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
A CanadaMark diamond certificate is issued when the audit trail of the diamond achieves the requirements of the CanadaMark diamond program. While all reasonable commercial efforts are made to ensure the results of the audit are correct and the diamond truly deserves to be called a CanadaMark diamond, there can be no guarantee or warranty that the diamond has actually met all requirements. Neither the CanadaMark diamond certificate nor Dominion Diamond offer any guarantees in this respect. For instance, it is not always possible to determine if a diamond has been treated or processed.
Dominion Diamond has provided this certificate for a small fee compared to the present and potential value of the diamond referred to in the CanadaMark diamond certificate because it is able to limit Dominion Diamond’s liability as follows:
DOMINION DIAMOND CORPORATION AND ITS AFFILIATED COMPANIES (COLLECTIVELY “DOMINION DIAMOND”) AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR EXPENSE, OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, STATUTORY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, RESULTING FROM ANY ERROR OR OMISSION FROM THIS CANADAMARK DIAMOND CERTIFICATE OR FROM THE ISSUANCE OR USE OF THIS CANADAMARK DIAMOND CERTIFICATE, EVEN IF THE LOSS, DAMAGE OR EXPENSE WAS CAUSED BY DOMINION DIAMOND, ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, OR BY THE ACTS OF OTHERS EVEN IF THEY WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The above limitation of liability extends to the person for whom this CanadaMark diamond certificate was prepared and to every other person to whom this CanadaMark diamond certificate is distributed or shown.