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My brand new stone is cracked! Help please!

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Sally in CA

Rough_Rock
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Oct 19, 2007
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I bought a 1.03 ct SI2 G diamond from Brilliance.com with the following specs:

GIA #15848519
6.47 - 6.49 x 4.00 mm
1.03 ct
color G
clarity Si2
Cut Grade Excellent
Depth 61.7
Table 56
Crown Angle 43.5
Crown Height 15%
Pavilion Angle 40.8
Pavilion Depth 43%
Girdle Thin to medium faceted
Polish Excellent
Symmetry Excellent
Florescence None
$4000.00

It had a feather which was visible under magnification which extended from one end of the table to the other and some needles and pinpoints. I didn''t mind the inclusions as I was looking for a great cut and the stone was so sparkly and quite beautiful. I took it to my jeweler whom I have known for 10 years and he does great work. After I brought it home from being set, I noticed that the feather had worked its way up through the surface and now there is a palpable crack across the table. I took it back to the jeweler and he assured me he didn''t do anything unusual to the stone. We called Brilliance and spoke with the manager, and he insisted it was the jewelers fault. He flatly refused to help me at all. I asked Brilliance specifically if there were any durability issues with this stone before I purchased it and they said, "We don''t sell stones like that." All my jeweler says he can do for me is see if it can be polished away or maybe recut. Do I have any recourse at all here!. I am sick. I have waited 30 years to have my diamond upgraded and finally saved the money, and now this. Can anyone advise me. With appreciation, Sally
 

decodelighted

Super_Ideal_Rock
Joined
Jul 27, 2005
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11,534
1) did you have the stone appraised after you got the stone but before you gave it to the local jeweler? That would help document whether the feather breached the table of the stone BEFORE setting, or only after

2) do you have insurence on it? if you don't have a sep. jewelry rider - SOME might be covered under regular homeowners

I'm not really sure who bears the responsibiity -- appraisals are so important!



ETA: wouldn't the GIA report mention if a feather broke the table?? If you have the GIA report to prove how the stone was graded ... I dunno, maybe show it to the jeweler? Or ask an appraiser to advice you NOW? Yeesh -- tough situation
8.gif
 

Sally in CA

Rough_Rock
Joined
Oct 19, 2007
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2
I didn''t get an appraisal because it came with one.I don''t have additional insurance. It is clear that there was no crack there before the jeweler worked on it. He agrees with that. But if the stone was so unstable that simply setting in a six prong setting would cause the feather to radiate up through the surface, it seems to me there was something wrong with the stone.
 

neatfreak

Super_Ideal_Rock
Joined
Feb 17, 2007
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14,169
Unfortunately if you don't have insurance, and you can't prove with an independent appraisal that the stone was or wasn't cracked before getting to your jeweler, I don't think you have much recourse...

Also, did anyone by chance drop it or smack it? Although diamonds are hard, the right knock at the right angle can actually chip a diamond pretty easily, so that is a possibility too...
 

decodelighted

Super_Ideal_Rock
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Date: 10/19/2007 5:20:34 PM
Author: Sally in CA
But if the stone was so unstable that simply setting in a six prong setting would cause the feather to radiate up through the surface, it seems to me there was something wrong with the stone.

Ya don't really know how that went down, though. He could have dropped it on a cold tile floor & cracked it open through the feather. Usually jewelers are insured for stuff that happens while they are setting stones, while stones are in their care. It's tricky though because you didn't buy the stone from them -- so by agreeing to set the stone the open themselves up to 4K liability for the profit on the setting alone.

ANY stone, not just ones with inclusions, can crack with the right hit, the right pressure, the unlucky knock. The GIA didn't say anything was risky about that stone ... not sure how the vendor could have guessed it.



ETA: -- My friend's EC e-ring was cracked right on the table during a routine prong check/cleaning. She didn't notice until afterwards & is just very lucky she has the ring insured. Not much has to go wrong to have a BIG problem. Her stone was VVS1.
 

JulieCA

Rough_Rock
Joined
Aug 21, 2007
Messages
14
I''m so sorry to hear all of this. I''m sure you must be very upset.

If you really believe that this stone was sold to you in a "defective" condition, or a condition other than what was promised, you can always look for legal protection.

An implied warranty of merchantability is a warranty implied by law that if a merchant (meaning someone who makes an occupation of selling things) sells something, that merchant is guaranteeing that the goods are reasonably fit for the general purpose for which they are sold.

However, if the seller disclaimed this warranty, you''re out of luck.
 

Chase035

Shiny_Rock
Joined
Oct 18, 2007
Messages
191
You have a much better case against the jeweler than the place who sold you the stone. I tend to think nothing good can materialize from this, since you could never prove that you didn''t drop the stone yourself (this is why you want the jeweler to sign off on the fact that the stone was in the same condition as it was appraised for before setting it). I feel your pain.
 

diamondseeker2006

Super_Ideal_Rock
Premium
Joined
Jan 11, 2006
Messages
58,547
We always tell people here to be sure the stone is insured while being set either by the jeweler who is setting the stone or by your own insurance. Diamond definitely can be damaged during the setting process, and we see chipped stones from normal wear on here frequently as well. That's why insurance is so essential. I am so sorry you are having this situation, though!
 

PaperStars

Rough_Rock
Joined
Jul 28, 2007
Messages
18
Date: 10/19/2007 5:08:47 PM
Author:Sally in CA
I bought a 1.03 ct SI2 G diamond from Brilliance.com with the following specs:

GIA #15848519
6.47 - 6.49 x 4.00 mm
1.03 ct
color G
clarity Si2
Cut Grade Excellent
Depth 61.7
Table 56
Crown Angle 43.5
Crown Height 15%
Pavilion Angle 40.8
Pavilion Depth 43%
Girdle Thin to medium faceted
Polish Excellent
Symmetry Excellent
Florescence None
$4000.00

It had a feather which was visible under magnification which extended from one end of the table to the other and some needles and pinpoints. I didn't mind the inclusions as I was looking for a great cut and the stone was so sparkly and quite beautiful. I took it to my jeweler whom I have known for 10 years and he does great work. After I brought it home from being set, I noticed that the feather had worked its way up through the surface and now there is a palpable crack across the table. I took it back to the jeweler and he assured me he didn't do anything unusual to the stone. We called Brilliance and spoke with the manager, and he insisted it was the jewelers fault. He flatly refused to help me at all. I asked Brilliance specifically if there were any durability issues with this stone before I purchased it and they said, 'We don't sell stones like that.' All my jeweler says he can do for me is see if it can be polished away or maybe recut. Do I have any recourse at all here!. I am sick. I have waited 30 years to have my diamond upgraded and finally saved the money, and now this. Can anyone advise me. With appreciation, Sally
Wow, that's terrible! I am surprised the jeweler didn't notice this before you did. Shouldn't the jeweler of noticed this after setting the stone? Anyone know?
 
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