Possible Problem With Guitar Shop

[demon_x_slash]

Hey guys; just wanted to clarify the position on this one. I'm posting on behalf of someone else, and am not going to name the shop unless the outcome is unsatisfactory - I want to give them a chance to put this right first!

 

The actual purchase of the electric guitar in question was A Saga, but since that's over I won't mention it unless necessary. This person eventually obtained a guitar from the Shop; Shop's website promises that part of the service is a 'set-up' of guitar, i.e. tuning and adjusting it to its optimum performance. The guitar is worth £900 - the buyer paid a reduced price of around £700 in part-compensation for being mucked around in aforementioned Saga.

 

The buyer noticed a 'buzz' on the guitar straight away, and decided to take it to an independent engineer, mainly because the Shop is a considerable distance away. The engineer has come back to the buyer with his evaluation; essentially, the guitar is faulty, little or no set-up had been done on it, and it needs to undergo a certain process to make it right.

 

I'm advising that the buyer sends this evaluation to the Shop, stating that this (pretty expensive) guitar is not of satisfactory quality (SOGA 1979), and requesting either: a new, non-faulty guitar; for the Shop to undertake the repair themselves; or for the Shop to pay for the repair to be undertaken by the buyer themselves.

 

I just wanted a little reassurance that I'm advising the correct route! I'm pretty sure of the position but a bit of cheerleading is always appreciated!

[MrShed]

Hey demon.....Personally cant fault your approach there an independant assessment showing it is faulty should be pretty difficult to question!

 

Only thing I would say is that in the first instance ONLY, is it not better to try more informally to get it replaced....? I assume there has been no discussion with the shop about this fault yet, in which case not sure I would dive right in quoting SOGA...

[demon_x_slash]

No, no, I've told him to approach them in all friendliness at first, and pull out SOGA if they get sniffy; sorry, should've made that a bit clearer... Buyer is waiting for a reply to e-mail sent at 4pm today, so probably won't get a response until tomorrow...

[MrShed]

Got ya...sounds fair to me then

[gyzmo]

Sorry if late. If this was since the CPUT regs, there are certainly a couple of breaches that you could hold them ransom to. If before, there's a good case of Trade Descriptions Act contraventions. But definitely SoGA s. 14. Remember pt. 5 requires they prove the fault - your friend is in a very good position.

 

It may be possible to rescind teh contract completely (and get compensation for the report etc). and if any part of it was on credit, then the whole amount can be claim I believe.

 

Think your friend has 'em bang to rights. Can I just ask if this is a national chain or is it a sole trader?

[demon_x_slash]

It's a sole trader AFAIK - one shop. The buyer actually bought the guitar in March, but due to aforementioned Saga only actually received it a week and a half ago (had to hold Distance Selling over their heads to actually get the flippin' thing).

 

I'd actually forgotten about the six-month reverse burden of proof too...hmm, more ammo if they turn their noses up. It's MHO that they simply shoved this guitar on the buyer, sans set-up, inspection, etc.,just to get rid of him as quickly as possible after the Saga; that's why I'm wary of their response. They may be sterling - but I'd like to be prepared just in case

 

Thanks peeps, v. appreciate the input.

 

d_x_s

[gyzmo]

In that case its all under "old rules" that apply. I would consider this more than a mere breach of s. 14 and more a TDA.

 

And, BTW, much to my flatmate's annoyance, I ALWAYS prepare for the worst when getting refunds - it really is the best way.

[Bookworm]

And so say all of us.

[tiglet]

What process? i may be able to help (often, it's really simple and she just needs a little tune up)

[demon_x_slash]

According to the engineer, "the frets are not levelled correctly, so no matter how much you adjust the bridge and the truss rod, it is impossible to achieve a good action without buzzing."

 

Not a simple tune-up job, I'm afraid, or the buyer'd be able to do it himself. Thanks anyway tigs.

[tiglet]

Fret-board needs to be completely removed in that case, which, in most cases, will damage the bridge so that would need to be removed as well. Also, doing that may well blunt the strings, so it will in all likelihood need to be restrung (I would certainly insist on it) as you may get a very dull tone and find it harder to tune.

 

It can be done yourself (I've done it when a student and getting a very good guitar which needed work for £50) but I would certainly say that is bad manufacturing or, more likely, a second hand guitar which has played quite a few sets and has been slightly trashed. Not a big job, but I wonder whether this was sold as new or not?

 

It sounds very shoddy for a £900 piece of kit - what's the make?

[demon_x_slash]

Brand-new Jackson SL3 Soloist

[tiglet]

Needs to get it sorted by the shop (although I think £900 is a little steep anyway)