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PostPosted: Tue Dec 12, 2006 2:52 am 
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Old Growth Brazilian
Old Growth Brazilian

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After some double talk to me. and to My attorney FedEx has so graciously agreed to pay the claim in full. They get the guitar with all the hardware less the case. and I get the sell value of the guitar. So now I get to change my signature line.




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PostPosted: Tue Dec 12, 2006 2:56 am 
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Brazilian Rosewood
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WTG, Michael!!!

I'd be interested to know what FedEx will do with the guitar. You might want to send them a letter and let them know that you'd be willing to repair it for them...at a price, of course!

Nice to see that justice prevailed!

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PostPosted: Tue Dec 12, 2006 3:02 am 
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Brazilian Rosewood
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Good news Michael.

Colin

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PostPosted: Tue Dec 12, 2006 3:13 am 
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Old Growth Brazilian
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I am going to remove my label. stating the serial number as this guitar will no longer be in warranty.


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PostPosted: Tue Dec 12, 2006 3:16 am 
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YaHOO!!!!!!!!!!


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PostPosted: Tue Dec 12, 2006 3:24 am 
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Nice to hear! Good news

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PostPosted: Tue Dec 12, 2006 3:33 am 
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Old Growth Brazilian
Old Growth Brazilian

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They actually called me this morning at 9 am to tell me that the claim was denied based on improper packing. I call my attorney to inform him of this and the fact that they had called me and not him, as I had turned this over to him last week. about 15 min later he called me back informing me that they had settled


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PostPosted: Tue Dec 12, 2006 3:35 am 
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Great news> I'm happy for you, but still very sad if you know what I mean.

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PostPosted: Tue Dec 12, 2006 3:40 am 
congrats!


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PostPosted: Tue Dec 12, 2006 3:45 am 
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Koa
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Michael,
Glad to hear they settled!
Interesting that they get the guitar though.
How is that repacement comming?

WadeWade S.39063.4931828704

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PostPosted: Tue Dec 12, 2006 3:49 am 
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Sounds like you have a good lawyer....


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Only badly."


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PostPosted: Tue Dec 12, 2006 3:52 am 
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Brazilian Rosewood
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That is great news.....
The best would have been if they didn't smash it!!!!

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PostPosted: Tue Dec 12, 2006 3:58 am 
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Old Growth Brazilian
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[QUOTE=Wade S.] Michael,
Glad to hear they settled!
Interesting that they get the guitar though.
How is that repacement comming?

Wade[/QUOTE]

The client has agreed to go one back in the que and he is considering differnt specs. The same back and side wood but a differnt guitar size, top wood and trim options. So here we go.


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PostPosted: Tue Dec 12, 2006 4:03 am 
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Brazilian Rosewood
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Great news Michael. Still sad that the original was destroyed but I'm happy to hear you were compensated.

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PostPosted: Tue Dec 12, 2006 4:04 am 
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Old Growth Brazilian
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[QUOTE=SteveS] Great news> I'm happy for you, but still very sad if you know what I mean.[/QUOTE]

Yep this was tonally and cosmetically a super guitar. Its tone was remarkable. One of those builds that you get so involved with that your effort goes a step or two higher than you have been before. Without a doubt this guitar was my current pinnacle.


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PostPosted: Tue Dec 12, 2006 4:14 am 
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Koa
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Congrats..what a relief!

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PostPosted: Tue Dec 12, 2006 4:23 am 
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Cocobolo
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I'm glad that worked out for you. Sorry you had to get the lawyer involved.


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PostPosted: Tue Dec 12, 2006 4:49 am 
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Old Growth Brazilian
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Hesh they will put it up for salvage auction. They will likely find a luthier that will buy the body at a very low rate and put time and a neck into it or salvage the back, top and tuners. I have been informed that I can not bid on it due to a possible conflict of interest according to my attorney.

So if any of you get the chance to bid on this guitar, I have no idea where or when. I would buy it back

I hate the thought of some one else getting credit for my work.


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PostPosted: Tue Dec 12, 2006 5:02 am 
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I cant see how bidding on something, even if it used to be yours, at a public auction, can be conceived of as conflict of interest. Unless of course you have an in with the auctioneer. What difference does it make where the winning bidder is from, or where he earns a living - the money is all the same - thats horse droppings, as Col Potter would say.

All that said, its very unfortunate is was ruined, but I am glad at least everyone was made whole in the end, and it wasnt a long costly drawn out affair to get there. One of my students had a similar prob, and it took months to resolve.

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PostPosted: Tue Dec 12, 2006 5:05 am 
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Michael, that's just great news.
Perhaps--long shot I know--this will cause some ripples for the rest of the guitar-shipping community? I mean, as in product awareness, and increased care on FedEx's part?

Who knows? But one can hope....

Steve

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PostPosted: Tue Dec 12, 2006 5:13 am 
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Old Growth Brazilian
Old Growth Brazilian

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I have a neighbor that shoots liquid foam in to walls for a living. He has offered to spray my shipments for fee from now on. Wrap the case in shrink rap, spray 2" on the bottom of the box place the case in the box, spray the void areas and 2" on the top. It would be kind of a pain to unpack, but should eliminate the ability of a carrier to claim unfit packing.


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PostPosted: Tue Dec 12, 2006 5:32 am 
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That is great new Michael. I'm glad it will work out for your customer. You did get the case back which is worth something right? I mean you include the case in your quotes yes, so your getting the value of the case back which is higher than the sale price right (clear as mud) or did they take this into account?

Have you seen Brian Kimsey's website on guitar packaging?

Check it out

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 Post subject:
PostPosted: Tue Dec 12, 2006 5:42 am 
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Old Growth Brazilian
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No the case was not part of the claim value. I only claimed the guitar. The price the client paid was the claim value plus the case but I only claimed damage on the guitar.


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PostPosted: Tue Dec 12, 2006 5:49 am 
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Koa
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Michael,

That's very good news! And it didn't drag out for months on end. Any out of pocket losses, attorney's fees, etc.? if you don't mind my asking.

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