Custom Design Contract
iLAH Cibis Jewelry's Custom Design Contract
Payment and pricing: An upfront non-refundable, non-transferable payment of ½ the agreed upon purchase price is required to begin the design process. This fee covers the time it takes to design the Work. Any large stones (over .25ct) must be purchased in full before design work begins.
Price quotes are dependent upon the daily metals market, and therefore prices may fluctuate broadly over a short time period. The Client has fourteen days to proceed with the commission. In the event that Client decides to proceed with the commission after the expiration of this fourteen-day period, iLAH Cibis Jewelry has the right to revise the price quotation to reflect the recent market changes. If the design process takes longer than six months, iLAH Cibis Jewelry has the right to revise the purchase price of the Work. The Client has one year from the date of the deposit to finalize a design for production. After one year from the date of the deposit, if the design of the Work has not been approved for production, the deposit will be forfeited by the Client. If after one year the Client wishes to use the existing design, 1/3 of the original deposit can be put towards the revised price of the Work, as long as no new or additional changes are made to the design of the Work.
The purchase price of the custom design includes the design of the Work in CAD, three to four alterations of the CAD design, one resin or wax prototype of the Work, and the finished Work in the client’s choice of precious metal and any other materials needed to complete the finished Work as agreed upon by iLAH Cibis Jewelry and the client.
iLAH Cibis Jewelry tries to incorporate an appropriate amount of design time into the purchase price of the Work. However, if the client requests modifications to the design that will significantly increase the design time, iLAH Cibis Jewelry reserves the right to increase the purchase price after receiving written approval from the client. A total re-design of the Work while in the CAD design phase of the process, will require a new estimate and sales agreement between iLAH Cibis Jewelry and the client. In the event that a total redesign is requested by the client, the client forfeits the non-refundable, non-transferable ½ deposit for the previously agreed upon design.
Any prototypes of the Work provided to the Client are the sole property of iLAH Cibis Jewelry and cannot be duplicated or given to another jeweler or manufacturer to be use as a prototype.
If a ring, necklace, or bracelet size is provided to iLAH Cibis Jewelry, and iLAH Cibis Jewelry is unable to size the client or recipient of the Work in person, the client is responsible for a sizing fee in the event that the provided size is incorrect. iLAH Cibis Jewelry will advise all clients as to the ability to size a custom piece once it is finished and is in no way responsible if a piece cannot be sized after an incorrect size was provided by the client. iLAH Cibis Jewelry highly advises that all rings be manufactured so that they can easily be sized.
Client responsibility: The client is responsible for reviewing ALL digital files shown on screen during the design consultation at iLAH Cibis Jewelry or sent via E-Mail during the design process. The client is responsible for reviewing ALL digital files sent during the design process. This includes printing and reviewing the “To Scale” pdf files. The “To Scale” files show the exact size of the Work and are vitally important to the design process. If the client fails to review the “To Scale” drawings for any reason, iLAH Cibis Jewelry has the right to refuse to produce the Work until the client has viewed the relevant materials, regardless of previously agreed upon time frame. If the Work is produced, and the client has not reviewed the “To Scale” drawings or any other digital material sent during the design process, iLAH Cibis Jewelry is in no way responsible if the client envisioned the Work differently than the digital material portrayed. In such a case, the design deposit is non-refundable. The client is responsible for articulating their wants and needs regarding the design during the design process. Once the Work goes into production, changes to the Work can only be made at the additional expense of the client, up to and including a new design fee and deposit.
Good Faith: iLAH Cibis Jewelry will make a good faith effort to design the Work as instructed by Client. The Client, in return, recognizes that the Work is an original piece, which is hand finished and as a result may contain imperfections. The design of the Work is often dictated by the size and shape of the stone(s).
Copyright. iLAH Cibis Jewelry reserves all reproduction rights, including the right to claim statutory copyright, in the Work. Nothing in this agreement shall be construed as a transfer of the underlying intellectual property. iLAH Cibis Jewelry retains all rights in copyright and other intellectual property rights available to the Work.
Responsibility for stone care, damage, or loss during the design process: Any large stones (over .25ct) purchased for a custom design are a final sale regardless of whether the custom piece is completed. The stones become the property of the client upon purchase but will be stored by iLAH Cibis Jewelry during the design process. Should the client choose to pick up their stone before their custom piece is complete, the custom design contract will be broken, and any payments made to iLAH Cibis Jewelry will be forfeited by the client. If a client is using their stone in a custom design, that stone must be left in the care of iLAH Cibis Jewelry during the design process unless another signed agreement is in place. If a client picks up their stone from iLAH Cibis Jewelry during the design process or prior to production, the custom design contract will be broken, and any payments made to iLAH Cibis Jewelry will be forfeited by the client, unless there is a separate written agreement in place.
iLAH Cibis Jewelry is responsible for the care and safety of a client’s stones while they are in iLAH Cibis Jewelry’s possession, however, the client is ultimately responsible for insuring their stone in case of loss or theft. iLAH Cibis Jewelry will keep all client stones in their safe while the business is closed. iLAH Cibis Jewelry is equipped with state-of-the-art alarm and theft deterrent systems. While the business is open, client stones will be removed from the safe when needed for design or production of the custom piece. Client stones will not leave the facility at 218 Franklin Street, Worcester, MA 01604 without the express written permission of the client. If additional insurance is required for a client’s stone while it is under the care of iLAH Cibis Jewelry, the client is responsible for the cost of that insurance.
Clients will be informed immediately about any accidental damage or loss of a stone in iLAH Cibis Jewelry’s possession. iLAH Cibis Jewelry is responsible for any damage to a stone purchased from iLAH Cibis Jewelry and will replace or repair the damaged stone with a comparable stone. iLAH Cibis Jewelry will make a good faith effort to replace or repair any stone that is damaged or lost while it is in their care. Client stones left in iLAH Cibis Jewelry’s care should be insured and properly documented by the client before they are transferred to iLAH Cibis Jewelry. Without a full written appraisal provided by a client at the time a stone is transferred into iLAH Cibis Jewelry’s care, iLAH Cibis Jewelry cannot determine the quality or replacement value of a client’s stone, and any replacement or repair will be provided using iLAH Cibis Jewelry’s evaluation of the stone and at iLAH Cibis Jewelry’s discretion. iLAH Cibis Jewelry reserves the right to require clients to sign a waiver exempting iLAH Cibis Jewelry from all liability resulting from stone damage or loss. Should a client choose not to sign this waiver, iLAH Cibis Jewelry is not obligated to continue the custom design process. Stone waivers are required when a stone is particularly susceptible to damage or loss.
Warranty Policy. iLAH Cibis Jewelry warrants the merchantability of the Work, and in the event of a manufacturing defect, they will repair the Work free of charge within 90 days. iLAH Cibis Jewelry agrees to repair the Work during this time period unless it has been worked on by another jeweler and/or damaged by any party. Client recognizes that Work is vulnerable when exposed to particular chemicals and activities and that proper care must be taken to protect the Work.
iLAH Cibis Jewelry advises that if the Work is worn on a regular basis, it should be brought in every six months for cleaning, polishing, and a general check-up. iLAH Cibis Jewelry will clean and polish any jewelry purchased at iLAH Cibis Jewelry for the life of the Work. If the Work is brought in every six months to be checked and cleaned, iLAH Cibis Jewelry will perform any repairs that are required due to time and normal wear, for up to two years after the purchase unless it has been worked on by another jeweler and/or damaged by any party. If the client fails to bring the Work in for the six month check-up, iLAH Cibis Jewelry is no longer responsible for any repairs. If the client notices a loose stone or other anomaly, they should immediately discontinue the use of the Work and bring it to iLAH Cibis Jewelry for repair.
Return Policy: All custom designs and special orders are non-returnable. This includes the event that Client suffers from an unforeseeable allergic reaction to the metals or stones. iLAH Cibis Jewelry recommends that persons with sensitive skin or allergies use platinum or 22K gold to avoid risk of allergic reaction.
Pick up and Final Payment: Clients will be notified via email or text message when their custom piece is completed and ready for pick up. At the time of pick up the full balance of the custom piece is due. The custom piece will remain in the possession of iLAH Cibis Jewelry until it is paid in full. Clients can pay their balance on their piece in multiple installments, but the piece will not be released until paid in full. Pieces must be paid in full and picked up within 180 days of notification of completion.
Insurance: If desired, Client is responsible for having the finished Work appraised and
insured. iLAH Cibis Jewelry is not responsible for lost, damaged and/or stolen pieces. iLAH Cibis Jewelry highly advises that all custom jewelry be insured.
Appraisals: iLAH Cibis Jewelry does not appraise outside pieces of jewelry or stones. The written paid receipt for the custom design is usually sufficient proof of value for insurance companies. If a client’s stone is used in the design, and they can provide a previous appraisal, iLAH Cibis Jewelry can produce an appraisal that includes their stone’s current value plus the cost of the custom design. Without a previous appraisal or bill of sale for the client’s stone, iLAH Cibis Jewelry cannot produce an appraisal, and it is the client’s responsibility to procure one for their personal insurance.
Long-term Value: iLAH Cibis Jewelry makes no guarantees as to the long-term value of their custom designs. The cost of stones and precious metals is subject to change and will affect the appraisal value of any piece. Custom designs, with or without client’s stones, are subject to market forces beyond iLAH Cibis Jewelry’s control.
Trade-Ins: iLAH Cibis Jewelry accepts gold scrap in trade for custom design work. iLAH Cibis Jewelry does not use client’s gold directly in any of their pieces. Gold traded in is sent for recycling along with other gold and is not returned to the client in any way. iLAH Cibis Jewelry credits clients for their scrap gold at 63% of the current market price of gold either at the time of trade in or when the finished custom piece is picked up. If a client’s scrap gold must be processed (stones removed, cut apart, etc) in order to determine the exact weight or karat of the scrap, the credit for their scrap will be assessed when the custom project is completed and their scrap is fully processed. iLAH Cibis Jewelry is not responsible for the change in market value of gold during the time it takes to process a client’s scrap and/or complete a custom project.
iLAH Cibis Jewelry does not offer trade ins, exchanges, or upgrades of diamonds or gemstones, regardless of where the stone was purchased. Stones purchased from iLAH Cibis Jewelry are final sales, and iLAH Cibis Jewelry has no obligation to provide clients with a way to sell, trade in, or exchange their stones after purchase. Should the market price of a gemstone or diamond change over any period, including during the custom design process, iLAH Cibis Jewelry is not obligated to match or change the price of a stone after the initial prices have been agreed upon. Clients should be aware that the lab-grown diamond market is volatile, and the price of stones is subject to dramatic change, for which iLAH Cibis Jewelry is in no way responsible.
iLAH Cibis Jewelry makes every effort to provide its clients with reasonably priced stones based on current market prices, quality and size of stones, availability of stones, and industry standard pricing and markups. iLAH Cibis Jewelry does not price match or compare pricing with any other jewelry distributor. Every diamond and gemstone is different, and while some stones may seem similar, every stone is priced according to its own unique factors which include size, weight, shape, quality of cut, quality of polish, clarity and presence of flaws, optical properties, color, origin (Country and/or Province of mining or lab grown creation), type of stone, and even the current popularity of stone (market value). iLAH Cibis Jewelry is not responsible for any other jewelry distributor’s pricing on loose stones, finished jewelry, or semi-mounts.
Failure to pick up: Clients have 180 days after the completion of a custom piece to pick up the piece from iLAH Cibis Jewelry and pay the balance on their custom design. Clients will be notified about the completion of a piece via email or text message. After 180 days, clients will be sent a notice via certified mail regarding their need to pick up their piece. If a client does not respond to the certified letter, their piece will be liquidated. Client’s stones are abandoned property 360 days after the notification of completion. Stones that are left with iLAH Cibis Jewelry for 360 days or more are subject to liquidation. Finished pieces that have been paid for in full by the client must be picked up within 360 days of notification of completion. Any article of jewelry left with iLAH Cibis Jewelry for more than 360 days will be considered abandoned and subject to liquidation unless another agreement has been made in writing.
Delivery of this document: iLAH Cibis Jewelry will provide this document to a client upon making a deposit on or paying in full for a custom design service. By making a deposit or paying for a custom design in full, the client is agreeing to the terms of this document.