Dry Cleaners Reimbursment Policy

 

Question:

Hi, I own a dry-cleaning business. Sometimes we lose items and have to reimburse the customer. The question is how to determine the item’s value.

The industry standard is to reimburse based on the garment’s depreciated value, meaning its value at the time it was brought into the store. This is not the same as the original purchase price, nor is it the current replacement cost in today’s market.

A typical example is a kittel. Even though a kittel is worn only once a year, if a ten-year-old kittel is lost or damaged, it is still valued as a garment that has aged for ten years.

In practice, we assess such items based on their age and condition, in accordance with industry depreciation standards. However, many customers feel they are entitled to either the full amount they originally paid for the item or the full cost of replacing it today. This creates tension between our customers and us.

Is our current method correct, or would we have to reimburse differently?

 

Answer:

Whenever a used garment is damaged or lost, its market value is often negligible. Many poskim explain that in such cases, we do not evaluate based on market value, since people generally would not buy such used clothing. Instead, almost all poskim agree that the correct measure is the value of the item to the owner, even if it has no resale value.

There are several accepted approaches for determining this personal value:

• Assess the owner’s actual willingness to pay in order to avoid losing it.
• Determine the price of a new garment, and then deduct the amount the owner would have been willing to pay if someone offered him a new one in exchange for his old one.
• Evaluate how long such an item is meant to last. One pays the price of a new item, minus the value corresponding to the time already used.
• When possible, compare the item to similar second-hand items, or consider prices in places where there is a market for used clothing.
  These calculations can be complex, since an owner may value an item more for personal reasons, such as sentimental attachment, familiarity, or a reluctance to replace it.

In practice, for situations like yours, the best solution is to state the policy clearly in advance. Posting a sign or written policy ensures that anyone who brings their clothing understands and agrees to the valuation method if it gets lost.

Where no policy exists, it is best for the two parties to reach a mutually acceptable compromise.

 

Sources:

שקו״ט אחרוני זמננו. וראה במשפט המזיק א, לב, ג. וש״נ. שם ב, לט. וראה גם משפטי תשמורו מג. ובארוכה – שו״ת אב״א ב״ם חו״מ ו. וש״נ.

אמנם, דבריהם אמורים בעיקר במזיק ולא בשומר. ובשומר יתכן שפטור בכגון דא – ראה קצוה״ח רצא. אבל ראה דברי גאונים צו, נח. וש״נ. וכן ההוראה המקובלת.

 

 

#1927
#47183