damaged property

[pinto415]

i brought a telescope lens to a camera shop to be cleaned. they broke it. it cannot be replaced because the telescope is not made any more. do they have to replace it with another telescope?

 

[army judge]

i brought a telescope lens to a camera shop to be cleaned. they broke it. it cannot be replaced because the telescope is not made any more. do they have to replace it with another telescope?

If it is no longer manufactured, they must provide an acceptable, workable alternative; or pay you for the fair market value of the item.

The telescopic lens was left with them under a very special form of a bailment. That said, they had to exercise extraordinary care in protecting and returning it to you.

They failed.

They lose.

You win!

Ask them for a replacement lens or the FMV of the one they broke.

 

[mightymoose]

To be more clear- NO, they do not have to buy you a new telescope. They are only responsible for the item they broke.

 

[FlaRiptide]

To be even more clear...

If you had bought your telescope three years ago for $1,500, it may today have a fair market value of only $600. Thus that is all the camera shop is responsible for.

By chance does the camera shop sell telescopes? If they do, or possibly can get, see if they will provide a telescope to you wholesale. If you have to pay retail for your new telescope but only get FMV on the old one, then you really get taken to the cleaners!

 

[pinto415]

Success!

the shop owner bought me a new telescope very similar to the one damaged. i feel i was treated fairly. even if the whole ordeal took 5 months.

 

[army judge]

the shop owner bought me a new telescope very similar to the one damaged. i feel i was treated fairly. even if the whole ordeal took 5 months.

That's all that matters. If you're happy, we're happy for you.