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 Post subject: Woman Sues Over Sentimental Value of Lost Ring
PostPosted: Wed Feb 18, 2015 11:43 am 
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A Texas woman is charging Jared’s with “corporate callous indifference” in a lawsuit involving the disappearance of her wedding ring, which she left at the store for repair last June. In July, the suit alleges, she was told that the ring had been lost and was offered a replacement valued at $4,500 – the price for which it was purchased in 2000. The woman maintains that the ring was appraised at $5,535, and in any case was worth far more in terms of sentimental value than whatever Jared is offering. Said the store’s attorney: “The only thing I can tell you at this point is we are investigating the claims … and will take all reasonable measures to assist her in her needs.”


Interesting to see how this plays out.


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 Post subject: Re: Woman Sues Over Sentimental Value of Lost Ring
PostPosted: Wed Feb 18, 2015 1:33 pm 
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this is interesting, who can truly appraise Sentimental Value of jewelries? i don't know full story but it seems like the jewelry store should satisfy the customer, sue in US can be sometimes over ridiculous things i have seen some funny stories but this is not the case i am just saying....

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 Post subject: Re: Woman Sues Over Sentimental Value of Lost Ring
PostPosted: Wed Feb 18, 2015 6:55 pm 
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Every court case I have seen regarding sentimental value is a "no-go" :( . The petitioner only receives what can be proven to be the material value of an item. While that's hard to accept, it is understandable, as Farshid points out: Who can truly determine sentimental worth?

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 Post subject: Re: Woman Sues Over Sentimental Value of Lost Ring
PostPosted: Fri Feb 20, 2015 10:44 am 
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Welcome to “Lawsuit Lottery”

Where the Stakes are HIGH
The Intelligence is LOW
and Indifference is the NORM

The Jewelry Industry continues to shoot itself in the foot repeated over and over and refuses to learn from its mistakes in the past.

All of this and Other Glaring Problems and Concerns can be EASILY Nipped in the Bud before things spiral out of control.

The Take-In Procedure is BY FAR the MOST IMPORTANT Part of the Process

The Jewelry Industry and Jewelry Appraisal Industry Refuses to take the necessary steps and procedures needed to protect itself from Senseless Lawsuits and Warrantless Claims.

Social Media Retaliation, Revenge and Retribution is now a Growing and Glaring Concern to all businesses, industries especially the Retail Sector.

This is in fact a form of Economical Terrorism that is quickly growing totally unchecked and out of control.

(More about this later)

All anyone has to do is look at what other Lawsuit Ridden Industries have done to Combat Senseless Litigation Claims before they even have a chance to raise their ugly heads.

Look at the Paperwork the average American Citizen has to first read, initial, sign and date before they can even see a Doctor at the Doctor's Office just because they have a cold or a sprained ankle.

The same with a person getting a Root-Channel by a Dentist.

Even when picking up your prescription at the local Drug Store, you have to first read and sign off.

Look at the Release forms you have to sign to have an Advanced Medical Test or Procedure done.

The Jewelry Industry has the Advanced Technology currently available to do all of this at the Take-In Counter and with POS (Point-of-Sale) Computer Programs, all that is needed is a simple Electronic Signature Pad integrated into the computer system so that Clients / Customers read the screen of the Terms & Conditions for the procedures they have come in for and then they sign their initials in the appropriate space and then electronically sign and date the form stating they have read and understood the terms and conditions and they agree to abide by those conditions.

They are then given a printed and signed copy of what they have agreed to, Terms, Conditions, Assumptions and Limitations.

This will hold up in a Court of Law 100-Times Better than a Blank Blind Non-Agreed Terms, Conditions and Limitation form.

If they refuse then the Business has the right to refuse to service those people and send them on their merry miserable way.

Stupid and Unreasonable Humans have forced Businesses and Industries to take Over-Kill Procedures to Protect themselves from Frivolous Lawsuits and Litigation along with BAD Public Press once something happens.

This would help alleviate and mitigate most misunderstandings and/or misconceptions.

The Consumer needs to sign-off before hand in regards to Diamond Grading Reports, Appraisals, Jewelry Repairs for Loss and Damage Claims in the unlikely event.
Diamond Treatments, Colored Stone Treatments and their Disclosure before purchasing.
Scope of Work and Task Assignment for Appraisal Valuing Documentation its uses, purposes and functions.

The Consumer / Client must first READ, UNDERSTAND, AGREE and Sign-off on the Tasks and/or Procedures they are wanting done.

It would take LESS than Five (5) Additional Minutes during the Take-In process but in the Long Run would NEARLY Eliminate any Lawsuit(s) and/or Litigation and PUBLIC (Social Media) Retaliation when something goes wrong.

Only in the Case of Negligence or Gross Incompetence would Legal Litigation need to be sought.

However this will NEVER happen because the Jewelry Industry and Appraisal Industry is TOO GREEDY and they don't want to turn anybody away or make it unduly hard or complicated for the Un-Educated Consumer.

Green Printed Paper overrules Common Sense every single time.

Then it will come back to BITE YOU Ten (10) Fold Over Every Single Time

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La Shawn Bauer, G, G, GG, ASG/AGA, CGL/AGA, CGL/IJO, CDG/IJO, RMV, CM/NAJA



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 Post subject: Re: Woman Sues Over Sentimental Value of Lost Ring
PostPosted: Fri Feb 20, 2015 11:07 am 
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I never saw a take-in agreement that said it was OK to lose the customer's property.


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 Post subject: Re: Woman Sues Over Sentimental Value of Lost Ring
PostPosted: Fri Feb 20, 2015 12:15 pm 
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LaShawn wrote:
Only in the Case of Negligence or Gross Incompetence would Legal Litigation need to be sought.

I hate to say it, but isn't losing a client's ring an example of both? I am not necessarily in a position to throw stones since I am not a very neat person, but if I were handling someone else's expensive property you can bet I would have one heck of a process to make sure it didn't walk off.

And I suppose now is as good a time as any, since I've been really curious for a long time. Meaning no disrespect: what's with all the mid-sentence capitalization? I know that that was standard in English in the 18th century, but it's been a while since the rules for capitalization were standardized.

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 Post subject: Re: Woman Sues Over Sentimental Value of Lost Ring
PostPosted: Fri Feb 20, 2015 4:15 pm 
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I once had a secretary who was prone to capitalizing all nouns. She had an excuse, though, she was German.


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 Post subject: Re: Woman Sues Over Sentimental Value of Lost Ring
PostPosted: Fri Feb 20, 2015 11:17 pm 
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OH BOY!!!!

You'all Missed the Point!!!!

And in a way, that is Good.
See how something Simple can get totally screwed up with simple communication?
What YOU say and people hear or comprehend can sometimes to be totally and completely different and in most cases can be taken out of context or even with Brian Williams Mis-Remembered over time.

First off I type the way I type.
I'm not here to win any Journalism Award or submit it to an English Major for Peer Review.
Pick, pick, Pick lol or LOL or Lol
No offense taken

Case-in-Point: What started this Topic String?
Person brings in ring to be worked on and the store lost it.

Now the person wants to sue
She seems to think Sentimental Value is somehow tied in to her item and it has be recovered and/or replaced with a Monetary Value Settlement that is more than the Declared Value.

First Off, was a Declared Value even listed?
If so, By Who? The Customer, The Sales Associate, Floor Supervisor, Store Manager, Appraiser?
It now comes down to, he said, she said
Did the Client / Customer sign anything?
Was there a Blanket Statement of Clauses, Conditions and Limitations on the repair pick-up ticket?

Here is something that has recently happened in My Area

The client purchased an Engagement Ring from a Big Box Store
She has it appraised by a Professional Appraiser of Gems and Jewelry not affiliated with the store in any way shape or form.
She then takes the ring back to the Big Box Store to have it resized just before her scheduled Wedding.
The Big Box Store loses her ring
They replace the ring immediately because she is going to get married in a matter of a few days now.
They make her whole with a new ring and diamond of EQUAL or Greater Value.
She gets married
Now she somehow found an Attorney who is now attempting to sue the Big Box Store for the entire cost of her Ruined Wedding which by the way was somewhere in the Caribbean including airfare, cost of the wedding, hotel stay, food, Honeymoon and all the trimmings, including the Professional Photographer fees.
Claiming it is to cover her pain and suffering on what was suppose to be the Most Important and Magical Day of her ENTIRE LIFE!!!!

What are Her Chances of Winning?

Could this have been avoided?

Another Case-in-Point:

If you are a retailer and you sell a Diamond with a Diamond Grading Report are YOU, the Store and Business Liable for that Diamond and Grading Report?

Just look at the Law Suits now being filed because of the EGL Scandal.

There are sure to be more following the Tennessee Case.

I just got some diamonds with diamond grading reports from one of my vendors we do business with and they now enclose a Notice and Disclaimer in regards to Diamonds and Diamond Grading Reports stating THEY the Dealers ARE NOT Liable or Responsible for the diamonds or grading reports as they come from a Third Party Source.

Are YOU the Jewelry Store and Jewelry Store Owner Liable for those diamonds and Diamond Grading Reports since you are, after all, selling them to the END-USER, the Consumer?

Do you verbally tell your Clients / Customers that Diamond Grading Reports may vary depending on What Diamond Grading Laboratory Grades them and issues the reports?
Do you have your client / Customer sign off on that Disclosure and Disclaimer and/or Notice?
Remember YOUR Client / Customer is the End-User, you are the Last of the Supply Chain.

I bet you a Dime-to-a-Donut that Guy in Tennessee NEVER thought he would get sued either.

Are YOU familiar with Basic Business Law?
Are YOU familiar with UCC? Do you even know what that is?

Do YOU Plot ALL Major Diamonds of the Item(s) that come in for repairs?
Do YOU measure those diamonds and write those measurements down on the Take-In Form?
Do YOU List a Clarity Grade and/or Color Grade for those diamonds as well?
Do YOU even Loupe or Scope those Diamonds to see if there are any Chips or Damage?
Do YOU do that before it leaves the Client's / Customer's Eyesight?
Do YOU check to see if there is any undue wear and tear and/or abuse to the item such as bent prongs, missing tips or worn tips or prongs?
Do YOU also do this before it is Cleaned and Checked and before it leaves the Client's / Customer's Eyesight?

It is ALL About CYA (Covering YOUR Ass)

A Client / Customer comes in with their Own I-13 (so included it is a Miracle that it is still in one piece) Emerald and wants you to set it into their new mounting they bought on-line or if you sell them a mounting.
Do you inform them of the Inherent Risk of setting such a stone?
Are you going to take Full Financial Responsibility of that stone when you try to set it?
Do You have a Waiver that they sign releasing you of Responsibility of the stone if it breaks during the setting process?

This is Commonly Called, Risk Management and Risk Assessment

The Whole Purpose of My First Post was because it is in the Appraisal Appraising Group mainly for Appraisers and such.

As an Appraiser YOU can list all your Assumptions, Limitations, Clauses and Limiting Conditions in your appraisal report and think you are in the clear.

But Guess What? YOU'RE NOT by a Long Shot.

If you don't understand why, then you need more training and education.

_________________
High Sierra Gem Lab
La Shawn Bauer, G, G, GG, ASG/AGA, CGL/AGA, CGL/IJO, CDG/IJO, RMV, CM/NAJA



Coming Soon:

Bauer Gemological Products

From Simple Minds, comes Simple Answers & Even Simpler Solutions


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 Post subject: Re: Woman Sues Over Sentimental Value of Lost Ring
PostPosted: Fri Feb 20, 2015 11:38 pm 
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=D>


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 Post subject: Re: Woman Sues Over Sentimental Value of Lost Ring
PostPosted: Sat Feb 21, 2015 11:13 am 
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First off I type the way I type.


Quote:
See how something Simple can get totally screwed up with simple communication?


Think about that.


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