jonnyas
New Member
Posts โข 6
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February 2008
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Damaged stop and search, by jonnyas on Sept 10, 2008 13:39:30 GMT 1, Hi
I bought a signed stop and search off Ebay a few months ago for around ยฃ2.5k. I took it to the framers to get it framed and when they were framing it the guy cut his finger and got some blood on the outside of the print. The guy at the framing shop told me and said he had sent it to a restorer to get the blood off.
When it came back, although the restorer has done a good job - I can see some blemishes in the paper when looking closely. Although this will look acceptable when the picture is in the frame - if I ever came to selling it I would be obligated to tell the buyer that it was in fact slightly damaged. So my suggestion was that they can sell my print and keep whatever they get for it and buy me a new one in the same condition and with the same provinence as mine was before they damaged it.
I have now received a letter stating that the original invoice stated 'All artwork is handled at Customer's own risk' and that I did not inform them of the value of the print or that I didn't have any insurance and that if I would have informed them of the value they would have been in a position to arrange extra insurance.
As an offer of 'goodwill' he has offered to frame the print for free (the cost was about ยฃ200) and offer me an extra ยฃ200 compensation.
A couple of questions: Firstly, how much would this kind of thing bring the value down by?
And does anybody know about the legal implications of this kind of thing? I would imagine I have the right to demand compensation of the full cost of the print. I am happy to do this as the value now is similar as it was when I purchased the print.
Thanks. J
Hi
I bought a signed stop and search off Ebay a few months ago for around ยฃ2.5k. I took it to the framers to get it framed and when they were framing it the guy cut his finger and got some blood on the outside of the print. The guy at the framing shop told me and said he had sent it to a restorer to get the blood off.
When it came back, although the restorer has done a good job - I can see some blemishes in the paper when looking closely. Although this will look acceptable when the picture is in the frame - if I ever came to selling it I would be obligated to tell the buyer that it was in fact slightly damaged. So my suggestion was that they can sell my print and keep whatever they get for it and buy me a new one in the same condition and with the same provinence as mine was before they damaged it.
I have now received a letter stating that the original invoice stated 'All artwork is handled at Customer's own risk' and that I did not inform them of the value of the print or that I didn't have any insurance and that if I would have informed them of the value they would have been in a position to arrange extra insurance.
As an offer of 'goodwill' he has offered to frame the print for free (the cost was about ยฃ200) and offer me an extra ยฃ200 compensation.
A couple of questions: Firstly, how much would this kind of thing bring the value down by?
And does anybody know about the legal implications of this kind of thing? I would imagine I have the right to demand compensation of the full cost of the print. I am happy to do this as the value now is similar as it was when I purchased the print.
Thanks. J
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Damaged stop and search, by bobbyt23 on Sept 10, 2008 13:56:01 GMT 1, Not 100% sure where you stand but I'd guess it's this bit that might cause you problems:
'All artwork is handled at Customer's own risk'
Not 100% sure where you stand but I'd guess it's this bit that might cause you problems:
'All artwork is handled at Customer's own risk'
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Damaged stop and search, by sahoria on Sept 10, 2008 14:11:21 GMT 1, ok when did you get the invoice? after the art piece was damaged or before? if after you have leg to stand on as it wasnt explained to you it was at your risk.
what about making claim to restorer? do you know who it was? any pics? ...s
ok when did you get the invoice? after the art piece was damaged or before? if after you have leg to stand on as it wasnt explained to you it was at your risk.
what about making claim to restorer? do you know who it was? any pics? ...s
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Damaged stop and search, by bobbymeachamjr on Sept 10, 2008 15:32:29 GMT 1, Thats why you go to quality high end framers...
Thats why you go to quality high end framers...
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Damaged stop and search, by stillborncrisps on Sept 10, 2008 18:23:51 GMT 1, Not 100% sure where you stand but I'd guess it's this bit that might cause you problems: 'All artwork is handled at Customer's own risk'
I'm not sure they can hold you to that - just because they state it doesn't mean it has any legal bearing.
They must have insurance themselves, and if this is limited you can just as well say that they didn't inform you of their insurance limit, therefore it was reasonable for you to assume the print was OK whilst in their care.
Ask on the consumer forums, there's alot of knowledgeable people on there (and the occasional handy lawyer  )who know consumer law backwards
www.consumeractiongroup.co.uk/forum/general-consumer-issues/
Not 100% sure where you stand but I'd guess it's this bit that might cause you problems: 'All artwork is handled at Customer's own risk' I'm not sure they can hold you to that - just because they state it doesn't mean it has any legal bearing. They must have insurance themselves, and if this is limited you can just as well say that they didn't inform you of their insurance limit, therefore it was reasonable for you to assume the print was OK whilst in their care. Ask on the consumer forums, there's alot of knowledgeable people on there (and the occasional handy lawyer )who know consumer law backwards www.consumeractiongroup.co.uk/forum/general-consumer-issues/ |
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jonnyas
New Member
Posts โข 6
Likes โข 0
February 2008
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Damaged stop and search, by jonnyas on Sept 11, 2008 15:53:36 GMT 1, I got the invoice before. OK I'll post something on that website. Thanks guys.
I got the invoice before. OK I'll post something on that website. Thanks guys.
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phoenixlune
New Member
Posts โข 190
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December 2007
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Damaged stop and search, by phoenixlune on Sept 23, 2008 15:37:49 GMT 1, its worthless now, so i guess you should just bin it!!
its worthless now, so i guess you should just bin it!!
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Deleted
Posts โข 0
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January 1970
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Damaged stop and search, by Deleted on Sept 23, 2008 15:44:18 GMT 1, Its a framers?, they can say that "All artwork is handled at customers own risk" just as they can say "Frogs look good in mini skirts" if they want to but they are responsible for the damage and presumably they have public liability ins. and if they havent they should have. Send them a solicitors letter quick and get it sorted out.
Its a framers?, they can say that "All artwork is handled at customers own risk" just as they can say "Frogs look good in mini skirts" if they want to but they are responsible for the damage and presumably they have public liability ins. and if they havent they should have. Send them a solicitors letter quick and get it sorted out.
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Damaged stop and search, by alsbabar on Sept 23, 2008 18:27:59 GMT 1, i asked my framer what about accidents etc while in their possession, and wizbong is wizright, it is inconceivable you can be held responsible for the way they handle your possession while under their responsibility. All liability is transferred to them once you have entered into agreement for them to frame your piece, unless it was stipulated that you do all the print handling from, taking it out of the tube, to placing it in the frame etc. What they are doing is, simply to pass the buck, usually a framer will have to pay for restoration, if the piece cannot be restored to its exacyt previous state, then they either replace or reimburse you for it.
As wizbangwallop says, solicitors letter should do the trick, and never use them again. If no joy with solicitors, small claims court, as a limited company, they wouldnt want a black mark against them, means adverse credit etc
i asked my framer what about accidents etc while in their possession, and wizbong is wizright, it is inconceivable you can be held responsible for the way they handle your possession while under their responsibility. All liability is transferred to them once you have entered into agreement for them to frame your piece, unless it was stipulated that you do all the print handling from, taking it out of the tube, to placing it in the frame etc. What they are doing is, simply to pass the buck, usually a framer will have to pay for restoration, if the piece cannot be restored to its exacyt previous state, then they either replace or reimburse you for it.
As wizbangwallop says, solicitors letter should do the trick, and never use them again. If no joy with solicitors, small claims court, as a limited company, they wouldnt want a black mark against them, means adverse credit etc
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discoduster
Junior Member
Posts โข 2,438
Likes โข 5
January 2007
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Damaged stop and search, by discoduster on Sept 30, 2008 2:13:12 GMT 1, Molotov cocktail thru the window!
Molotov cocktail thru the window!
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)who know consumer law backwards
