They sold my 370/12 right out from under me!

tony_carey · Post by **tony_carey** » Wed Jan 11, 2006 7:24 am

Honest mistakes do happen....we all make them, but it is how you react to making that mistake that shows your true character.

They have to be aware at how bitterly dissapointing this is.

studiotwosession · Post by **studiotwosession** » Wed Jan 11, 2006 8:46 am

Someone who works in that store, just a few years back, and who I knew at the time from the music scene, offered me $2500 for my 1963 strat. I think that revealed some true character and is as bad as any Guitar Center story I've heard. That said, I'd call my credit card company, explain the story, get a refund, and deal with another area store, or online. I'd also ask the store to show me the sales slip for the transaction in which the guitar in question was sold.

jeff_ulmer · Post by **jeff_ulmer** » Wed Jan 11, 2006 11:58 am

If you ask for a reversal of the charge from the credit card company, they will likely tell you to try to resolve the issue with the store first. Even if you get your money refunded, you have lost all this time waiting, and will likely wait just as long if you ordered again. The store screwed up, they are responsible for fixing that mistake, even if it means they lose money on the deal. They've had the benefit of using your money for a year.

The only acceptable solution would be to get you another new guitar, since unless Ric is willing to make an exception here (which I would want in writing), a returned guitar has no warranty.

Unless there are extenuating circumstances, I would never pay in advance for something that did not have a guaranteed delivery date, which no RIc has. Fortunately, my dealer won't even take a deposit unless what I'm ordering is so essoteric that they would never be able to resell it.

jmonster · Post by **jmonster** » Wed Jan 11, 2006 2:39 pm

The latest: Phil called Rickenbacker and they said they could put a third pickup on one of the 360/12 FGs he had previously ordered, but we have no idea what the timeframe for that would be. I'm having him call another store that has a 370/12 VP FG to see if he can buy it from them. If not, I'll get a refund and buy it from there myself.

brian_l · Post by **brian_l** » Wed Jan 11, 2006 2:46 pm

If you can't get anywhere with this store, you may have yet another recourse. It just so happens that John Hall, Rickenbacker's CEO posts here
on a regular basis and he has offered to help other forum members in the past who have had unsatisfactory dealings with Rickenbacker dealers. If he hasn't already seen this thread you might want to contact him.

studiotwosession · Post by **studiotwosession** » Wed Jan 11, 2006 3:53 pm

>>If you ask for a reversal of the charge from the credit card company, they will likely tell you to try to resolve the issue with the store first<<

Anytime I've done this, the card company has given me an immediate credit. One has to fill out a bit of paperwork and send it in, but if you have a deal where someone didn't deliver what they were supposed to deliver, you're pretty much guaranteed a refund. They're only giving you your money back. So it's no risk for the card company. Otherwise, even with this store trying to make this right, they should offer a discount on it. And one should definitely check to see what they sold the guitar in question for. If they made a premium over what the customer who already paid for it paid, their excuse about an honest mistake would be less believable. If this is the vintage shop I believe it is, the vibe is very much used car salesmen on the showroom floor. I'll pay more, drive farther, wait longer, if that's what it takes to avoid such crass business practices.

oreca · Post by **oreca** » Wed Jan 11, 2006 6:50 pm

Jesse I've been following this thread since the start and I just want to wish you best of luck with this incident. I really hope it works out for you.

ken_j · Post by **ken_j** » Thu Jan 12, 2006 6:26 am

Keep in mind if you start over the new pricing is in effect.

BobKat · Post by **BobKat** » Thu Jan 12, 2006 8:45 am

That is the part that the old store would be responsible for, legally. If they breach his contract they must "make whole" the terms of the agreement. If he has to pay more, they are legally bound to make up the difference. Any good contract lawyer would tell them this in 5 seconds so they should not bother fighting with him.

mainstreetexile · Post by **mainstreetexile** » Thu Jan 12, 2006 9:06 am

Bob beat me to this; he's right. Because they are, by their own admission, in breach, they are bound to cover any reasonable difference in price if you have to pay more, whether you get a replacement from them or from someone else in the market. Keep notes about what new 370/12 FGs there are in the market and what your cost would be, including shipping, to get one. As long as there are others available, I wouldn't consider the ersatz 360 to 370 conversion for one moment.

bails · Post by **bails** » Sat Jan 14, 2006 4:02 pm

I don't know that they are liable, because there is no time limit for them to fulfill the terms of the contract. I believe they could keep a customer waiting for a few million years, and still not be breaching the terms. The guitar was ordered by the store, using the store's account, and for the store's purposes. I believe this means, that the store is free to decide which customer is offered which guitar when it arrives, and secondly, the purchaser does not own any particular guitar until they have agreed that a specific guitar is their's either by taking possession of it, or by being told and agreeing that 'their's' is the one currently in the store. I'm sure the receipt will not specify that the guitar that was ordered, had to be the first 370/12 that they received. I know it's a bummer, but I just can't see any breach of any contract.

mainstreetexile · Post by **mainstreetexile** » Sat Jan 14, 2006 7:24 pm

I'd like to see the store make that argument to a judge or jury.

BobKat · Post by **BobKat** » Sun Jan 15, 2006 3:29 am

That would hardly be worth all the aggravation.

The store does have an obligation to take all reasonable steps to fulfill the contract in a timely manner. If they have the means and resources to complete the contract and they do not, then they are indeed in breach.

jmonster · Post by **jmonster** » Mon Jan 16, 2006 1:19 pm

The computer printed invoice says "Layaway", which obviously means "special order" since I paid in full on that day. It also lists the guitar as an "04 Rickenbacker 370-12 fireglo", so I could argue that they have to get me one that Ric considers to be a 2004 model. And the carbon copy sales slip says "Rick 370/12 --on order--", so it's clearly the exact 370/12 the store ordered that week.

And now the good news: I just got a confirmation email from Gary at North Coast Music that he received my faxed order for his new 370/12 Fireglo VP and is sending it tomorrow. It only cost $50 more, and so with $30 shipping, it costs less than the other one since I don't have to pay 8.75% sales tax. And I get toasters. As soon as I actually have it in my hands (okay, and play it for like 6 hours), I'll go get a refund from Phil.

rick_ovic · Post by **rick_ovic** » Mon Jan 16, 2006 9:18 pm

Jesse, What a great ending to an otherwise sorry tale. You'll just love the toasters too, what a bonus! The fact that you actually saved money on the replacement 370-12 is icing on the cake. I reckon you deserve some good luck for a change. You must let us know once you've actually received your refund from the first store. It is essential that you post pictures of your new toy once it arrives also.