disclaimer help

[LydiaNiz]

I have pretty much just had a dream project just landed in my lap. However, it involves an enormously beautiful & enormously valuable opal being removed from current ring, and put into new design by me. The person commissioning it has been very lovely, and 'if it gets damaged que sera...', but I do want to get something signed before I start work on it. Any advice/examples please?

[Unhindered]

Just something along the lines of:

I am aware that my stone is being used at my own risk and I will be billed for any additional costs (if a new stone is required etc)

[enigma]

And pretty please can we see it when its done? :-"

[LydiaNiz]

Yes, you will be able to hear me trying to be zen from where you are ;-)

[pearlescence]

do you want something which will protect you in a court if something goes wrong or something which makes you feel better? Because if the former it is a great deal more complex than the form of words suggested

[LydiaNiz]

Yes, I am guessing something that woul actually protect me.

[more534]

People keep saying how delicate opals are. Which I totally understand.
My grandfather was an opal prospector, and found a lovely specimen. He had it cut, polished, set in 18k gold, and mailed it to me, in a matchbox, with a stamp on one side, and a partial address on the other. Sent it from Australia, to Canada.

It found me in time for my 12th birthday, and I've been wearing it ever since. (I turned 58 last Thurs.)

Its been resized twice, been stepped on while on my finger by a large horse on the landing side of a jump, been smacked around, worn while working at rough jobs, and recently the band wore out, and it had to be repaired.

the stone fell out of its setting a couple of years ago, and survived being stepped on by a (thankfully unshod) horse on a cement floor in the barn.

it was reset, and it's on my finger as I type this. I wear in while washing dishes, in the shower, scrubbing horses, haying...


its a bit on the dull side now, and no one will undertake polishing it. but that's okay.

it still looks good, and has untold sentimental value.

in other words, they're tougher than you think.

http://i68.tinypic.com/2q39a4g.jpg

[enigma]

I think you have been extremely lucky!
My first opal ring the opal fractured and a piece chipped off within just a few months of daily wear :(
Does it depend on grade perhaps?
Thats a beautiful opal

[LydiaNiz]

That's a great story! (And amazing opal). This one is 20mm x 16mm x 7mm, white and is full of fire. I am also hoping it is very well behaved :-)

[pearlescence]

If you want something legal it has to take into account the requirements of consumer law which place an onus on you to take reasonable skill and care in carrying out a service. You aren't allowed to disclaim unfairly (unfair contract terms act etc) .and you should have insurance on the stone (not stolen or lost)

[LydiaNiz]

I have stock insurance, but am assuming noone insures you in case of breakage. Realistically, there is always a risk when resetting any stone from a customer, it is not normally something I would do, but assumed it is something a fair whack of forum users would have undertaken. So, I thought it might have been something that had cropped up.