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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I sent a white gold ring to be polished at a polishing company

Resolved Question:

I sent a white gold ring to be polished at a polishing company but they returned it damaged (without informing me) and I had to get another ring cast.
Whilst they agreed to pay the recasting fees, they want the original ring to sell for scrap to offset their costs.
Am I legally obliged to send it to them?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now just confirm they have replaced the ring?
Customer:

we have had another ring cast and have asked the polishing company to pay for this, they have agreed but want us to send them the original ring so that they can scrap it and offset their costs and reduce the liability.I am not inclined to be that generous as they have caused us a lot of inconvenience.

Alex Watts :

Sadly if they have provided a replacement then they own this ring.

Alex Watts :

Otherwise you will have 2 rings.

Alex Watts :

There may be a case for breach of contract but that does not automatically mean you are entitled to two rings.

Alex Watts :

The whole point of replacing the ring is to put you back into a position you were in before it was damaged.

Alex Watts :

Therefore in my view, whilst you have a claim for breach of contract you are not entitled, as of law, to keep this second ring as well.

Alex Watts :

The original one has to go back.

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you for your help.

Alex Watts :

Can I help with anything else today?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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