Rickresource Rickenbacker Forum

I'm glad it worked out for you, Jesse.

Great result, Jesse! Let's hope Phil keeps his end of the bargain.

I have toasters on my 360/6 and they are brilliant!

Yes, pics ASAP please!!

Glad to hear you are getting the issue settled, it's just too bad this store was able to have your money for all this time with no interest. I would ope they have the decency to not only refund your money, but also give you something extra for their screw up.

Just be sure to let it acclimate in the case for a day before opening the case. The last thing you want to hear is the sound of finish cracking.

Very good to hear the problem was solved. It really is a shame it happened at all. Better communication is something needed in a lot of businesses, & this one seems to be a perfect example.
Hopefully things can be patched up.

Congrats!

A couple of interesting facts regarding business law and the Uniform Commercial Code:

The Uniform Commercial Code takes steps to protect third parties in a deal from getting boned. If a store puts an item on layaway, or takes a special order on an item for a customer, and then they sell the item to someone else, then the third party possesses clear title to the item. Jesse's order could have had the serial number, the date, and the name of John Hall's dog on it, and it wouldn't have mattered- once the store sold the guitar to the other woman, she gained bona fide title to it, and she would not have been required to give it back no matter what.

There is another caveat to the UCC that I found quite interesting to guitar guys, since we so often send instruments to be repaired/restored. When we convey physical possession of an instrument to a valid merchant, i.e. a legitimate business, this is called bailment. If a shop that specializes in these goods then sells our instrument right out from under us while in bailment, and the buyer is under the impression that the instrument belonged to the shop, then clear title to the instrument is conveyed to the buyer. The only recourse we have is with the shop that sold the instrument. We have no recourse with the person who purchased the instrument and we can not get the courts to give us the instrument back no matter what. We can only go after the shop. Bear that in mind when deciding who to send your prized 360/12 or 4001 to. We have at least 3 excellent guys hanging around right here who have proved their trustworthiness.

Wow, Bob. Thanks for that bit!

Jesse it sounded like a nightmare. But I think you will be very happy with your new guitar from Gary. He sets down plays and setup every guitar before sending them out. I have a Ric 360 and a Gretsch Duo Jet that I could from him. Both are outstanding instruments.

Bob, As I understand it, 'clear title' can only pass from one party to another other when the first party legally owns, or has 'clear title' to the goods to begin with.

For example, if you take possession of my guitar without my consent, then sell it to a third party (who in good faith believes it to be yours), the third party ends up getting stung in the same way they would if they ended up being in possession of stolen property. You never had clear title of my goods to start with, so title never passed, and I'm legally entitled to recover my guitar from the innocent third party.

In the subject case, the question revolves around who had clear title of the 370-12 to start with (after RIC of course!)? Was it the store or was it Jesse?

In my view, Jesse's full payment of that specific instrument, in advance, meant that he had the entire financial interest in that instrument. It's no different to paying for a guitar hanging on a wall in a shop and leaving it there to collect later. In my view, 'clear title' of the guitar passed to Jesse the moment he paid in full for the instrument and it was delivered to the store. At that point, the store had "care, custody and control" of Jesse's instrument...the concept of bailment.

The store owed Jesse a duty of care to ensure Jesse's guitar came to no harm. It breached that duty (by selling it to someone else!). Same thing applies when any one of us leave our guitar in for repairs. The shop has care custody and control over our instrument. If it comes to harm as a result of the store's negligence, the store must compensate us....end of story. The store should have it's own insurance cover for these events. Trying to get the guitar back from the innocent third party is a whole other issue!

Sorry for the rave....as the State Claims Manager for a global insurance company this stuff is my bread and butter! Unless of course you guys in the States do it differently!?

The phoenix egg is in the nest. Repeat: the egg is in the nest. I'll let you know after I incubate it a little and hatch it.

Great, Jesse! Looking forward to your report....

Darren, you are 100% right in most cases. The Uniform Commercial Code, which governs transactions of sale in the United States, provides for three specific exceptions to that rule and the ones I mentioned are two of them. The third: if the buyer has a voidable title (such as he wrote a check that later bounces) and he sells the item to a third party before the original seller has the chance to revoke title. Again, the original seller can go after the first buyer but not the subsequent buyer; since the subsequent buyer bought with presumption of clear title, clear title is conveyed to him.

Man, this guitar is awesome. I don't have my 12 string calluses yet, but already I'm playing better than on my Strat. It sounds great plugged into my Blues Jr., clean or through my Korg ToneWorks AX1G, or unplugged. My roommate says it's even easier to listen to me practice.

The serial number puts it at week 36 of 2005, but I think North Coast Music got it with the rest of the batch this year. Gary enclosed a copy of the warranty card because, apparently, he's supposed to send it in. It's got the new see-through headstock and the yellow RIC chamois is way bigger than I thought.

I popped my Roger McGuinn video in today; it's way better when you've got a 370/12 on your lap. I also went to see Phil and got my money back, along with some free strings and the promise of free set-ups. Since I ended up getting a better guitar for cheaper within a week of when I would have, I didn't make a scene. But if you want to buy a Rickenbacker in Chicago, it's not possible. Go to North Coast Music in Wisconsin.

My girlfriend is getting jealous, I think; she posed for some pictures with it, but there were some "accidental" close calls with the headstock and various hazards, so we'll just keep them away from each other.

Here are some pics: http://www.flywheel.org/rickenbacker/

Dealing with all this has taught me something, so I have advice for anyone who wants to buy a specific Rickenbacker guitar:
Go to your local dealer and see if they have anything close to what you want. If so, buy it. Do not place any special orders at this time. Check the RIC website for dealers who have recently received the guitar you want. Start calling them to see if it's in stock. If one does have it, check to make sure it isn't already reserved for someone, especially if you're some woman from Alabama looking for a 370/12 FG. If you are, don't you have one already, lady? Do not place any special orders at this time. Search eBay for the guitar; you might get extremely lucky. If not, your search will still be handy in a later step. Now you need to place that special order. Find a reputable dealer with a computerized inventory system, only one salesperson, and/or a familial relationship with a RIC factory employee. Pay the deposit, but no more. This is the waiting step. It has two parts:Go back to eBay and buy a guitar like the one you've ordered. Now you have something to play for the next year. Call the dealer at least once a month. Your goal here is for every employee to associate you with the guitar you've ordered. Anytime they see that model & color, for the rest of their lives, they should hear your voice in their heads. Get guitar. Yay! If you've followed my advice, this step will occur in your lifetime. Now you can sell the eBay guitar, or start a collection.

jjj

Jesse, great story, I followed it all the way. Very cool the way you handled it and how about the advice from team Rickresource? Can't get much better.

BTW, your guitar? Awesome Fireglo. Nicely done!!

MMM fireglo! Looks nice.