Here''s a question...

[arjunajane]

I have had a look but not sure of the definitive answer - will Leon Mege cover your stone while its being set?

In Australia, it sucks as there is Not One policy that will insure a stone whilst being set, and of course jewelers will not take responsibilty (fair enough).
If Leon does, this will influence my decision..

thanks in advance for advice!

 

[Lorelei]

Jane, see here at the bottom of the page.

http://www.artofplatinum.com/start/FAQ.htm

 

[arjunajane]

Thankyou hon..didn''t see this section.
hmmm..I guess its the same answer given most places really..

 

[Lorelei]

You are welcome!

 

[oldminer]

However I''d like to add an obvious disclaimer: work on any gem stone is always carries a small degree of a risk. You should be aware of that and accept the fact that we can not be held responsible for any potential damages.

The above is a quote from the site mentioned above. Giving a diamond, or any other gemstone, to a jeweler to set it in a piece of jewelry has some slight risk of damage. Jewelers will universally disclaim responsibility for this slight potential problem and once in a blue moon a diamond or other gemstone does chip and even less often really break.

The problem is the disclaimer does not solve the issue. A question will remain if due diligence and proper care was used in the process of setting the stone. Was there an error or the part of the skilled craftsmen? Did some employee damage the stone through negligence?
You can''t simply disclaim responsibility for negligence at all levels. You can warn people, you can treat them well and take good care of a stone and still, once every so often one will still chip or break. Determining if there is a negligent fault is not always cut and dried. Much depends on the stone''s condition BEFORE the jeweler touched it. Much depends on what ocurred and what value remains. Is there salvage, or really no loss? A consumer can''t make most of these judgments and courts and attorneys cost some big bucks. Meanwhile you are without your piece of jewelry which it is painful and upsetting.

Whenever possible, it pays to have the seller of the diamond set it for you in a mounting they have supplied. This covers you way better than any other arrangement I can suggest. Sure, there are alternatives, but each alternative has inherent issues of responsibility for loss, damage or some other thing.

 

[ayala_jessica]

Date: 5/13/2008 1:59:26 PM
Author: oldminer
However I'd like to add an obvious disclaimer: work on any gem stone is always carries a small degree of a risk. You should be aware of that and accept the fact that we can not be held responsible for any potential damages.

The above is a quote from the site mentioned above. Giving a diamond, or any other gemstone, to a jeweler to set it in a piece of jewelry has some slight risk of damage. Jewelers will universally disclaim responsibility for this slight potential problem and once in a blue moon a diamond or other gemstone does chip and even less often really break.

The problem is the disclaimer does not solve the issue. A question will remain if due diligence and proper care was used in the process of setting the stone. Was there an error or the part of the skilled craftsmen? Did some employee damage the stone through negligence?
You can't simply disclaim responsibility for negligence at all levels. You can warn people, you can treat them well and take good care of a stone and still, once every so often one will still chip or break. Determining if there is a negligent fault is not always cut and dried. Much depends on the stone's condition BEFORE the jeweler touched it. Much depends on what ocurred and what value remains. Is there salvage, or really no loss? A consumer can't make most of these judgments and courts and attorneys cost some big bucks. Meanwhile you are without your piece of jewelry which it is painful and upsetting.

Whenever possible, it pays to have the seller of the diamond set it for you in a mounting they have supplied. This covers you way better than any other arrangement I can suggest. Sure, there are alternatives, but each alternative has inherent issues of responsibility for loss, damage or some other thing.

Thank you for the information. I have to say that I felt quite worried by this general disclaimer when I decided to give my stone to Leon to be set.
There would be though a simple solution to such issues : in my country many businesses have an insurance named "civil responsibility" (I don't know if this means much in US Common law though) which covers damage caused to somebody by a professional when doing his job. For example, for professions such as lawyers and physicians, this insurance coverage is even mandatory.
In my country the law forbids a professional to totally disclaim any responsibility, when the damage is caused by gross negligence. Are there such provisions under common law ?

 

[oldminer]

I''m no attorney, but I do believe one cannot disclaim gross negligence. There are thousands of negligence cases in the courts at any given time. Some make it to a settlement or an award and many get tossed out. The fact that there is a known "risk" to begin with implies some degree of sharing the expected risk. The unexpected risk created by some degree of negligence is a matter to litigate. It is good business for lawyers and bad news for consumers.

 

[ayala_jessica]

Dear Dave,

You are absolutely right ! Even in case of gross negligence, for most people, litigation is no solution because of the costs and time involved, even assuming their claim is reasonably easy to prove. And there are all the other cases where a big damage is done due to some negligence but not gross enough to be easy to prove.
Then we don''t have much choice but hoping for the best and having faith in the craftmanship of the jeweler...and above all not falling in the zillionth percent of customers that get the back luck !!