Repair or replacement

monaymadlol

Hi - say if you took something that you owned, into a specialist place for adjustment...they then cause some accidental damage - and admit it.

If repair can't be achieved satisfactorily, they offer to replace (as they are insured).

Should the consumer still get to keep the original damaged item (which still has intrinsic value)? If so, what are ones rights, if any, if the workshop insist on retaining the damaged item. 

*Damage is small, but noticeable and will effect the value of the object slightly.

David713

monaymadlol said:

If repair can't be achieved satisfactorily, they offer to replace (as they are insured).

Should the consumer still get to keep the original damaged item (which still has intrinsic value)? If so, what are ones rights, if any, if the workshop insist on retaining the damaged item. 

No. If they replace the damaged item with an equivalent one then they have the right to keep or dispose of the damaged item as they see fit.
Allowing you to keep it would be betterment (putting you in a better position than you were before the damage occurred). 

68ComebackSpecial

You have replacement item and "workshop" retain original, damaged item. If you were allowed to keep both you would be in a better position than you were at the outset.

monaymadlol

Thank you.

I suppose if they had no use for the damaged item, they may let a consumer keep it as way of compensation for the hassle caused ? ( I'm a regular client of theirs)

Is betterment illegal or just not a done thing? (If they're not bothered about keeping the item?)

unholyangel

monaymadlol said:

Thank you.

I suppose if they had no use for the damaged item, they may let a consumer keep it as way of compensation for the hassle caused ? ( I'm a regular client of theirs)

Is betterment illegal or just not a done thing? (If they're not bothered about keeping the item?)

It's not illegal. There's just no right or entitlement to it, it's goodwill. 

Criminal law is designed to punish the wrongdoer but civil law isn't. Civil law is designed to restore the injured/wronged party. Betterment* goes further than restoring and strays into punishment.

*There are circumstances betterment is allowed by law. But it's where it's an unavoidable consequence of restitution.