What if you dont return the old power adapter?

when i ordered the new one online it did not say anything about being charged if i did not return the original one... or was it in the fine print...?
hypothetical scenario....

The Fine print said they might charge you 29 dollars.
Return it. You don't want it.
http://gizmodo.com/5070072/so-thats-why-apple-recalled-the-iphone-3gs-usb-power- adapter
However, I seriously doubt they will charge you, because that could be construed in a court of law as selling you the old one, and since its defective and they know it, the liability could be large even if they already sent you a new one.

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