help needed where my rights are concerned

[jewellerjim]

Watch brought into shop - Limited Edition expensive make watch. Value £900. Sent to our recommended repair man - he causes severe damage to face - face out of production - different colour watch face offered & customer says no way. Is customer entitled by law to new watch? I would say he is but boss is saying not - cost of different face is £72 - cost of new watch is £900!! Customer seeking info on his rights and we need to aswell. Many TIA

[dotty.]

what is the wording on the repair receipt the shop gives to customers when they hand items over for repair? if the watch had been lost or stolen it would have had to have been claimed via the insurance policy i assume the shop owner has in place, why isn't this an insurance matter? unless he doesn;t want his premiums to go up.

[dotty.]

and to add, if the watch is valued at ~£900.00 surely that is the value written down on the repair reciept in the event of just this situation.

[jewellerjim]

no wording re loss or damage on receipt given when watch taken in - just hand written docket given out of a receipt book. it is not covered on shop insurance when off premises . The watch is a limited edition and watch maker has told customer that his watch would be worthless if it were to have new different model face put in. I can see customers point completely but my boss does not seem to know what her responsibilities are in law.

[jewellerjim]

well no dotty as we do not know the value of every item we take in - it is only when we look into it we realise how much it is worth - just need to know if it is his right to new watch by law, it is not customers problem really in my opinion

[jno]

you'd think it was the repairer's fault, not yours, and in the end it would be his insurers who'd have to pay up. It might depend on your relationship with the repairer.

[dotty.]

I'm astounded that your repair receipts in no way explain nor protect your or your customers' rights, it is quite simply bizarre! what if you took in a necklace for repair, sent it away, it got lost and the customer claimed it was worth £10.000? It is not like any jewellers i have ever used.

[boxtops]

pass it to your public liability insurance company, let them make the decision.

[jewellerjim]

we will not be making any insurance claims - I just need to know if customer has right to insist on new watch - we will pay for it if he does, if he doesn;t as the watch was 10 years old is he just entitled to a portion of the value

[jewellerjim]

we cannot detail value - we would say - receipt for one yellow metal necklace set with 50 white stones and then it is down to customer to provide receipt for item should it be lost - it is insured at all times for loss and damage - just boss does not want to claim on insurance and I need to know what the customer is entitled to

[boxtops]

... rereading, if there is any claim it's against your recommended repair man who damaged the watch by ?negligence - I do see this as a straight PL insurance claim.

[Barmaid]

I take the view that the answer is somewhere between the two. To put the item back into the condition it was had it not been damaged, a new watch is required. However, if a new watch is provided the customer achieves "betterment". Thus I would think the appropriate measure is damages of the value of the watch he had undamaged.

[dotty.]

I think he can claim whatever he likes as you have no policy in place to protect yourselves. He wants the same watch he brought in, if that will cost you £900.00 then that's it, rights at this stage are probably not relevent as your shop has such lax policies.

[Barmaid]

Yes but the same watch he brought in was a Limited Edition Rolex (am guessing here) that was 9 years old. That is not the same as a brand new Limited Edition Rolex.

[Canary42]

Since it's a Limited Edition, I would have thought the current value would be greater than £900 if anything, certainly not "a portion" as you suggest.

[dotty.]

yes, but he wants THAT limited edition not a new limited edition, and probably it is going to cost more than £900.00 because there is now one less existing of the limited edition

[Zacs-Master]

Is it worth £900 at 10 YO (possibly more if its limited edition) or £900 new? bTW if it were mine I'd stand in your shop and create merry hell until you agreed to recompense me in full. I don't see what the debate is.

[jewellerjim]

no he would settle for new limited edition watch. The policies are not lax dotty - i have worked in several jewellers - it is common practice how items are received. Don't be fooled otherwise dotty!!! All i need to know is whether he is in his rights to ask for new watch - I feel he is and boss feels he isn't. If he is she will replace it - no need or desire to claim on PL Insurance, we will just pay if that is the case. New watch would be £900

[dotty.]

not much fools me jim, after 40 years in retail I've seen and heard it all, except for a store taking an item in for repair and not being clear on their responsibilities for loss or damage,

[squarebear]

Yes of course he is entitled to a new watch. You had a duty of care to look after his watch which you failed and so must replace or reimburse the guy.

[Barmaid]

I'd offer him the market value of the undamaged watch.