Need help /opinion ,diamond cracked under warranty

[mikey52]

I need opinions, please. My wifes diamond has cracked, after having it not quite 4 years. We took it back to jewelry store, where it was purchased, and they will not replace the stone. The warranty paper says we have to return ring and have inspections every 6 months. If you go 6 months and a day, they say your warranty is void. Her diamond has gone 11 months, so they will not replace stone. I'm thinking of small claims court, because diamonds should last more than 4 years, and I could have had it inspected and the diamond still crack the next day. If I break the prongs off and lose the stone, it would be my fault. I have no control over their inferior diamond stone; cracking. Any body else been through this? Any lawyers with opinions? Do I have a chance in front of a judge? I'm in Indiana, and the ring is appraised by the same store for $2387.00. I'd really appreciate any help! Mikey

 

[H Richard]

Any jewelry store that won't stand behind a stone is a poor jewelry store. The stone I wear was bought by my grandfather in about 1900, and has been reset 3 times. I expect to leave it to my son and his son and hopefully a few more generations. But, that's why I have it covered by a rider on my homeowners insurance policy.

 

[islamoradamark]

id be thinking court also. just wondering what about homeowners insurance ?

 

[K1500]

Forget it, you are hosed. Under what grounds will you stand on? The contract says you must have it inspected every 6 months and you failed to do that. Yes, it is a bogus way to get you in the store so you can stare at all the expensive jewelry while you get the ring inspected, but that's the terms of the contract. Kind of like not getting the oil changed on a truck at the recommended intervals and then trying to get a warranty claim for an oil related malfunction.

 

[mikey52]

Ring was not added to homeowners policy, so it was not insured. Lots of options, deductibles and limits on claims and types of jewelry. I have contacted the company main office concerning the cracked diamond, and hope this can be resolved. If it can not be resolved, I will file suit in small claims court. Counting an independent appraisal, court costs and lost days wages, it will cost me about $400 just to sue. That is a shame, for my finances, and a big blemish on the jewelers name in the newspaper, and local Better Business Bureau report. Thanks for everyones thoughts, on this matter. Mikey

 

[leswad]

Ring was not added to homeowners policy, so it was not insured. Lots of options, deductibles and limits on claims and types of jewelry. I have contacted the company main office concerning the cracked diamond, and hope this can be resolved. If it can not be resolved, I will file suit in small claims court. Counting an independent appraisal, court costs and lost days wages, it will cost me about $400 just to sue. That is a shame, for my finances, and a big blemish on the jewelers name in the newspaper, and local Better Business Bureau report. Thanks for everyones thoughts, on this matter. Mikey

You might want to check your policy, my insurance has a 5,000 jewelry policy that comes with the policy.

 

[Sebago Son]

The warrantee was a contract that you agreed to at the time of purchase. If you didn't feel like living up to the terms of the contract, why do you think that they should live up to them either?

I just love the new "entitled retail public".

 

[Texas Star]

I don't know a lot about diamonds, but haven't heard of them cracking. Those in the Crown Jewels of Great Britain are pretty old and don't seem to be breaking, and they're not small, either! A competent diamond craftsman should be able to tell where the stone will fracture, and use that info in his cutting.

Legally, you may not have a case. But that the store thinks its diamonds may crack and need inspecting every six months (something that most customers won't do) tells me that they know they have inferior merchandise. They may not even be real diamonds, or of jewelry quality if they are real.

There seems to be bad faith and exploitation of the public here. You might ask a local TV station's consumer editor to look at this situation. You might not get a new stone, but that store will suffer a real loss in public esteem if their practices seem shady.

If all else fails, can the stone be repaired, maybe with clear Super Glue? Depending on where the crack is and the size of the mount, it might not show.

Could be worse. A famous magazine publisher paid well over $90,000 for his wife's rings. I hope those don't crack!

 

[arjay]

The only reason they would need to see it every six months is because they know they are selling low grade diamonds.Expensive lesson.

 

[Marshwheeling]

I would not let the amateur lawyers dissuade you from going to small claims court. There are lots of ways a judge could rule in your favor. "Contracts" like the one your jeweler stuck you with, the terms of which you had no opportunity to negotiate, are not looked upon favorably by many courts. There may be statutory or common law warranties that the paper cannot touch. Also take a look at your state's consumer protection statutes. If there was any kind of misrepresentation at the point of sale, the "contract" may be worth less than the paper it was written on.

If the jeweler won't back up a cracked diamond, I'd bet the court will be looking for a way to give you relief.

 

[WuzzFuzz]

Mikey, you've left me with a lot of un-answered questions.
1. How do you know it's cracked?
2. When did you discover it was cracked.
3. WHO discovered it was cracked
4. You said you have had it for 4 years, when was the last time you did take it to the jeweler you bought it from to have it checked.(you're saying that it's been 11 months since you had it checked?)
5. What does the contract you have say they would perform when you did take it back to them every 6 months? (most of the time it is just to check the prongs, which they should be checked, because the setting is softer than the diamond)
6. On the contract you have from the store, is there a price given for each check up, or is it free gratis for the life that you own it? Is there an expiration date of the requirement to have it brought back to them every 6 months?
7. Do you have the original certified gemologist appraisal report from when you bought it? It should have described the condition of the diamond at that time...The 4 C's and what the flaws are. Any feathers, or occlusions in it. Or did you even get a gemologist report at the time you bought it.

8. Not that it makes a whole lot of difference, but is this jewlery store a chain store, or a mom and pop store?

IMO The only life time warranty I know of was with the old Midus muffler shop. They would guarantee the muffler for the life of the original owner of their muffler. Other than that, most warranties come with a tail light guarantee....When you can't see the tail light any more, the warranty has expired!!!!!

Also, just because it is a diamond, does not necessarly mean incidents as you say, cannot occur.

WuzzFuzz

 

[walkinghorse]

?

Was the inspection quoted for the just diamond or for the setting(becoming loose) or for both?

 

[RonJ]

I second calling the local TV consumer advocate. Bad publicity is not something the jeweler wants. My wife's ring came from Zales and they were very helpful when the stone came loose from the setting. That was 10 years after purchase and long out of warranty.

 

[mikey52]

Hello WuzzFuzz! Great questions.
1. My wife noticed thread catching the diamond, and it felt rough, it is easy to see with small magnifying glass. An independent jeweler said it was indeed cracked, this was not a certified appraisal, though.
2.We noticed the damage last week about 5 days ago. the damaged ring and another ring were both inspected last 12-12. They said Sat. they will not replace stone, because it is over six months, and would not sign the warranty book. they did inspect the other ring and sign the warranty book. WHY! The other ring was past 6 months also, so it should have not been under warranty either. It is because the damaged ring will cost them to replace. Either both rings are in warranty or both rings are not. They can't pick and choose
3.the warranty states they will clean and inspect ring, and it must be done at least every 6 months or warranty is void. No charges, and no expiration terms.
4. No certification of any kind, it states 1.0ct, and yellow gold setting, no gemologist report from any gemologist companies.
5. Both rings purchased through Rogers jewelers, Evansville, In. and they operate in a few other states. they are a chain, working mostly out of malls.
At age 61, I should have learned not to get taken on something like this. One reply asked why I did not get my inspections, on time. Mother is 93, mowing her yard, mother-in-law, sick and mowing that yard, mowing our yard, because my wife was sick with Pneumonia. Working too many hours at job. you name it, lots of reasons. I'm at fault for not getting 6 month inspection. I'm not at fault because they sell inferior diamonds at normal prices, and they crack. Thanks to everyone for their thoughts! Mikey

 

[Texas Star]

These little bits of carbon take many centuries to become diamonds. You'd think they'd last awhile after they do.

Maybe your diamond was an industrial one or of low gemstone quality, cut in a back room somewhere in New Jersey, not in Amsterdam.

Seriously, good luck.

Can anyone post the British Crown jewels: the Monarch's crown, the sceptre, and the orb? I think the Sword of State may also have diamonds in the hilt. It is not the sword with which the Monarch normally dubs new knights. It's pretty big and looks heavy.

A Czech friend sent me a PM awhile back with the Czech crown jewels. There are some big stones, but it (crown) looked rather garish and in poor taste to my Anglo eyes.

For what it's worth, I think ladies' diamond rings look especially good when mounted with emeralds alongside. I personally won't wear diamonds. I think they're a little flashy on men.

 

[boatme99]

It's a little late but the one piece of advice I have is only buy diamonds and other stones from a certified GIA or AGS store or dealer.Then your stone will come with a certificate, which means the stone has been surveyed.
If you buy from a non GIA/AGS dealer, it's just a **** shoot.

 

[WuzzFuzz]

Mikey,

Rogers Jewelers is not a chain name. My brother-in-law also used the name of Rodgers Jewelers. It was his fathers store before that....His name is not Rodgers...far from it. This is not to say Rodgers Jewelers of Evansville, Ind doesn't have more than one store.

Having a 1 ct diamond doesn't say too much. Nor does yellow gold...Is the gold 10ct? 12ct? 18ct? 18 is too soft to hold a diamond, but the prongs could be of the less ct, or Plattnum (sp)

As Boatman above me, stated without a GIA or AGS report then?????? Who knows what you have, or what the condition of it was when you bought it...

When a person does take a ring or a piece of jewelery back for cleaning and inspection, that does not mean the jeweler is doing the actual work. It could even be the cleaning lady, that puts the item in the the ultra-sonic cleaner.

To be "inspected", then that means it needs to be inspected with a jewelers loupe, and there are jewelers tools for testing the prongs for looseness.

Diamonds are a lot like mattresses, there is mark ups of over 50%. Some because, good diamonds don't jump off the shelf. They are going to sit in the store for some time, and it cost to keep inventory...Mattresses are always on sale, because they are something that people only buy every 10 years or so. So they too have such a high mark up. All soft goods, sofas, love seats, dinner tables and chairs. Bed rooms sets.

Sorry, but under the circumstances, the jeweler can say, it was perfect when you bought it, and what you did with it since????? And your leg to stand on is?????

You can try the small claims court, or news media for satisfaction.....Sorry


WuzzFuzz

For you other fellows, if you or your other has a diamond ring and they want to clean it...Put some ammonia in a cup..just enough to cover the piece...Let it soak for about 10 minutes, then rinse with plain water. The ammonia will cut the crud and old soap that dulls a diamond over time. As far as checking the prongs....They should be checked by a reputable jeweler at least once a year....That will depend a lot on what kind of setting and prongs are used...4..6 prongs, or circular full mount. And the prongs can be checked while you wait and watch!!!!

 

[O2Guy]

You broke the 6 month inspection contract. But, you expect them to honor it anyway?

 

[dmar]

The only reason a jewelry store would have a warrantee that requires a customer to physically come in every 6 months as a condition of warrantee, is to ensure that they won't have to honor one of their "warranties." That is a complete BS condition, put in place to weed out the vast majority of customers to ever have recourse. Seriously, who has the time and schedule to maintain that requirement for a ring?

I'm sure they market the heck out of the fact that they offer a warranty, to help close the sale, but don't bring up how useless it is. This is very intentional, and another slimy practice found in that industry. Reputable jewelers are out there, and they usually don't offer the cheapest prices. In that business, it is definitely buyer beware...

Sorry for your loss.

 

[RedWings05]

Mikey52 i am a jewelry store assoc and have been for 8 year i am dca certified and have all the knowledge and ability to tell you, that the 5-10 min inspection the store would have needed is well worth the cost of replacing the stone. "A diamond should last more then 4 years" i dont know if that will hold up in court becuz like all nice things .... they will need repair and gen. maintance . Diamonds are super strong however they have a breaking point like everything in life. Had u went in and had ur diamond checked and then it broke u wouldnt have to pay for the stone. Also if the apprasial came in at 2400$ it means u prob spent around 900 bucks on thw ring... ur court cost would be way more then the apprasial value ... and r u really gunna take on a huge corp company. Gimme a break! Come in every 6 months was the only thing they asked of u....to hold up a free diamond warrenty that they gave to u. Good luck acting like a child and getting your way. It does t work like that in the jewelry world. You best bet is to call or show up apologize for any rude or mad things u may have said. And tell them u will do a better job with ur diamond inspections and i bet the manager makes a few phone calls and does something nice for you.... just sayin.

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