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ThawedGladiator
Aug 29, 2008
Here's the situation. I'm in Canada (Ontario). I ordered a guitar from a US company which was delivered damaged. They were kind enough to ship me a replacement before all the finagling related to damage claim etc. was final (was told it would take a while, possibly months).

That was three years ago. I've still got the original, damaged guitar in the original packaging. I've emailed the company several times asking about the status of the damage claim and about how to arrange shipping the original back. I've never had a reply.

Yes, I could phone them, but that'll cost me long distance and since I had to pay the customs duties on both instruments (for a total of about $300), and don't have a hope of getting any of that back, I'm being a tight-rear end. Besides, why the heck can't they answer email?

Is this damaged guitar mine? If not, will it be mine after some period of time elapses? How long?

Edit: dammit this was meant for the Legal Questions Mega-O-Wamma thread, would a moderator kindly move it? I'm an idjit.

ThawedGladiator fucked around with this message at 00:17 on May 17, 2016

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HorseLord
Aug 26, 2014
They don't want to pay for you to ship garbage back. Throw it away.

ThawedGladiator
Aug 29, 2008
But it's not garbage, to be thrown away -- it's a damaged but perfectly playable instrument. I want to sell it. What I don't want is for the seller to come out of the woodwork down the road saying, let's have it back now. Because then I'd be in a pickle. Unless I can say, well tough luck, because after X years it became my property. I'm not a storage facility, right?

bedpan
Apr 23, 2008

ThawedGladiator posted:

But it's not garbage, to be thrown away -- it's a damaged but perfectly playable instrument.

To you. To the manufacturer, it is worse than worthless. Any penny they spend on that trash will just be for the privilege of putting it in an American rather than a Canadian landfill.

Edit: The cost to process the return, send it back to the factory, uncrate and inspect the merchandise, issue a special repair order that is unique to this damaged product, carryout the repair, run the reconditioned instrument through whatever quality control program they have, and then move it back into saleable inventory would far exceed anything they could hope to gain.

bedpan fucked around with this message at 02:49 on May 19, 2016

Captain Bravo
Feb 16, 2011

An Emergency Shitpost
has been deployed...

...but experts warn it is
just a drop in the ocean.
Also, while some industries like clothes may be able to resell slightly-damaged things for a slight profit through outlet stores and the like, by and large musical instruments don't work like that. Once they had a pretty good idea you were on the level, and weren't trying to scam them for a free guitar, they sent you a replacement and then stopped wasting time (and by extent, money) on a problem that was fixed. They closed out the damage claim as quickly as possible and filed it away to be forgotten, because that's what is going to save them the most money in the long run.

A CRAB IRL
May 6, 2009

If you're looking for me, you better check under the sea

It was three years ago. It was written off by their accountants two years ago as a CODB and no-one has even thought of it since then. They're ignoring your email because it costs them more money to answer you than just ignore you and hope you go away, especially when it's something they don't want you to ship them. ESPECIALLY if it's now an outdated model line (if it's a Fender or a Gibson which do "new" model lines every year.)

ThawedGladiator
Aug 29, 2008
Thanks for the replies.

mostlygray
Nov 1, 2012

BURY ME AS I LIVED, A FREE MAN ON THE CLUTCH
A core charge is a standard thing to give you reason to return the item. If they didn't give you a core charge, than it's yours to dispose of. Not uncommon in an item that isn't repairable.

Can you keep it: Yes. Can you throw it away: Yes. Should you sell it: No.

They are doing this out of the good graces of their heart.

Geoj
May 28, 2008

BITTER POOR PERSON
I bought a TV from Newegg in summer of 2012 and UPS kicked the poo poo out of the box so there was minor damage that allowed it to function but severe enough to warrant replacement. Newegg refunded the sale and neither they or UPS ever asked for it back. This was nearly 4 years ago and it's still attached to my wall.

OneEightHundred
Feb 28, 2008

Soon, we will be unstoppable!
When a company expects you to return defective product for refurbishment as part of a claim, they will give you a return shipping label (either by itself, or with the replacement) and ask you to drop it off with whatever courier handles it.

If they don't do that, then they don't care what happens to the defective product and they won't waste their time on it unless it's a very clear case of fraud.

shame on an IGA
Apr 8, 2005

What's wrong with it?

Chinatown
Sep 11, 2001

by Fluffdaddy
Fun Shoe
You should name it Shreddy Kruger OP.

raton
Jul 28, 2003

by FactsAreUseless
Sell it. They were done worrying about it after they filed their taxes however many months after the sale that was. If they want it back all of a sudden just say you don't have it any more, it's been years. They're not going to cross an international border to come get you for something they have no earthly right to any more. As for "do you own it" the phrase "possession is 9/10th of the law" isn't foolproof but it exists for a reason.

Captain Bravo
Feb 16, 2011

An Emergency Shitpost
has been deployed...

...but experts warn it is
just a drop in the ocean.
Give the slightly damaged guitar to a young relative, to get them started on a lifelong love of music. :angel:

mobby_6kl
Aug 9, 2009

by Fluffdaddy
They don't give a poo poo for reasons already mentioned so just sell it, ideally to somebody in the States and then try to get your customs duties refunded too. Dunno if this is the case in Canada, but in many countries you can do that when you re-export or return the goods. For example: https://help.cbp.gov/app/answers/detail/a_id/378/~/refund-(drawback)-of-duty-paid-for-imported-goods-if-exporting-or-returning-the

ThawedGladiator
Aug 29, 2008

shame on an IGA posted:

What's wrong with it?

The finish is damaged, chipped right down to raw wood, on the bottom edge. The damaged area is about the size of a quarter. My guess is, customs took it out of the case to inspect it and dropped it.

Captain Bravo posted:

Give the slightly damaged guitar to a young relative, to get them started on a lifelong love of music. :angel:

If I had any left-handed young relatives I would do just that (but I don't).

ThawedGladiator fucked around with this message at 19:34 on Jul 8, 2016

photomikey
Dec 30, 2012
Give it to a charity. Take it to a hospital. Sell it on craigslist for $100 and sort through people until you find somebody with a good story, and when they show up with $100, just give it to them free.

bobula
Jul 3, 2007
a guy hello

photomikey posted:

Give it to a charity. Take it to a hospital. Sell it on craigslist for $100 and sort through people until you find somebody with a good story, and when they show up with $100, just give it to them free.

Ugh I hate people on craigslist who act like their lovely item is a gift bestowed upon you you should be grateful for

surc
Aug 17, 2004

bobula posted:

Ugh I hate people on craigslist who act like their lovely item is a gift bestowed upon you you should be grateful for

I too hate finding that something I was willing to pay money for is now free. :confused:

Ramagamma
Feb 2, 2008

by FactsAreUseless

photomikey posted:

Give it to a charity. Take it to a hospital. Sell it on craigslist for $100 and sort through people until you find somebody with a good story, and when they show up with $100, just give it to them free.

Like a kind of ghetto version of The Secret Millionaire? I dig it.

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photomikey
Dec 30, 2012

Ramagamma posted:

Like a kind of ghetto version of The Secret Millionaire? I dig it.
If you put something up on "free" section of craigslist, the truck from Sanford & Son will pull up at your house and take whatever it is that you're selling, without even knowing what it is or if they have all the parts, then let it rot in their backyard in the rain until the health department forces them to clear the lot with a steamshovel or they are crushed under a mountain of their own crap. This is my experience from everything I've ever given away on craigslist or freecycle.

I had a futon I'd paid a couple hundred bucks for some years back, it was worth maybe $150 now. I put it up on CL for $75 and this kid called and wanted to look at it. He took the bus to my house and was going to pay me for it, have me hold it, and figure a way to get it to his place. Turned out he'd just moved to the city for an internship, had a room in an apartment with literally nothing in it, and no car. I took the futon to his place for him, and when he went to pay me, I turned him down. I'd rather somebody just use it. Also, from a "secret millionaire" perspective, I worked long and hard to be able to piss away a couple hundred bucks now and then, I'm glad to do it.

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