This is an interesting question and the answer entirely depends on
how original agreement between the jeweler and the customer was
Generally, when work is completed and customer pays in full, the
title of ownership is transfered to the customer. When customer
comes back, after some time period, and claims the loss, it is a
claim for the loss of property due to jeweler negligence. When
jeweler agrees to undertake the repair, jeweler accepts
responsibility for the loss. In essence, the jeweler agrees with the
customer legal theory and takes steps to make the customer whole. If
jeweler does it unconditionally, there is no recovery possible
afterwards, even if an evidence of the customer wrongdoing surfaces
later, unless jeweler can prove fraud which is difficult to do,
because intent to deceive must be shown.
If jeweler wants to preserve the right to recover, he must do it in
writing and customer must sign it. The actual language will depends
on particular locale, but in general jeweler should say that he/she
perform the original order to the standards and specification agreed
by the customer, and his undertaking to mitigate the damage cannot
should not be construed as admission of guilt, or any other legal
theories and conclusions should not be drawn from it, and etc.
Jeweler must indicate that he/she is making "a business decision"
which is a term of art in the practice of law. The language should be
inserted preserving jeweler’s title to the property used in repairing
the damage, in case that evidence will surface showing that customer
was not entitled to the jeweler services.
If these and other steps are taken, the jeweler can recover in the
This is not a legal advice and should not be taken as such. Consult
your attorney before taking any action.