Bass damaged by faulty case

[DS287]

A few months back I bought a Westbury 22mm padded case with wheels on recommendation from my teacher for my lovely Bryant bass. Gear 4 Music were doing a good price on it.

Yesterday I found deep scratches and gouges on the back at the bottom behind where the wheels are - closer inspection revealed missing padding in the inside behind the wheels, which I didn't previously notice, so the rivets have cut through the thin nylon and caused the damage. This just happened a couple of days ago as I wheeled the bass a bit further than usual getting to/from a jazz workshop - most of the time I just carry it.

Laurence Dixon has quoted £1600 for a full repair, so it be will an insurance job. Gear for music have so far offered a partial refund of £25 for the case - which incidentally has a 3 year warranty.... not happy.. at all ... gutted...😫

[MuddBass]

BEFORE entering into any further dialogue with G4M, I would encourage you to speak with Citizens Advice https://www.citizensadvice.org.uk regarding the potential to engage in a legal dispute with G4M. Ultimately, they sold you a case that designed to protect your instrument, but seemingly has done the opposite. 

 

https://www.citizensadvice.org.uk/consumer/somethings-gone-wrong-with-a-purchase/claim-compensation-if-an-item-or-product-causes-damage/

 

" If an item causes damage to your property through no fault of your own, you may have a legal right to claim compensation (also known as claiming ‘damages’). "

 

Edited 21 hours ago by MuddBass

[The Guitar Weasel]

9 minutes ago, MuddBass said:

BEFORE entering into any further dialogue with G4M, I would encourage you to speak with Citizens Advice https://www.citizensadvice.org.uk regarding the potential to engage in a legal dispute with G4M. Ultimately, they sold you a case that designed to protect your instrument, but seemingly has done the opposite. 

 

https://www.citizensadvice.org.uk/consumer/somethings-gone-wrong-with-a-purchase/claim-compensation-if-an-item-or-product-causes-damage/

 

" If an item causes damage to your property through no fault of your own, you may have a legal right to claim compensation (also known as claiming ‘damages’). "

 

This ... 100%

[DS287]

Thanks all. I have taken some legal advice via my insurer and also been in touch with the importer/distributor who has been quite helpful. Hopefully I can get this resolved and my lovely bass fully repaired.

[The Guitar Weasel]

4 minutes ago, DS287 said:

Thanks all. I have taken some legal advice via my insurer and also been in touch with the importer/distributor who has been quite helpful. Hopefully I can get this resolved and my lovely bass fully repaired.

it's such a crap thing to have happen ... hope they can sort your bass pronto 

[Burns-bass]

2 hours ago, MuddBass said:

BEFORE entering into any further dialogue with G4M, I would encourage you to speak with Citizens Advice https://www.citizensadvice.org.uk regarding the potential to engage in a legal dispute with G4M. Ultimately, they sold you a case that designed to protect your instrument, but seemingly has done the opposite. 

 

https://www.citizensadvice.org.uk/consumer/somethings-gone-wrong-with-a-purchase/claim-compensation-if-an-item-or-product-causes-damage/

 

" If an item causes damage to your property through no fault of your own, you may have a legal right to claim compensation (also known as claiming ‘damages’). "

 

 

I’m a trustee with CAB here (I’m in Bristol as well) if you need me to put you in touch with anyone for legal advice.

 

This damage is heartbreaking and I’m hoping it can get sorted for you. I guess the good thing with wood is that any damage can be repaired. Best of luck with it.

[Burns-bass]

Love to know what jazz workshop you went to…

[Jakester]

50 minutes ago, Burns-bass said:

Love to know what jazz workshop you went to…

 

Could it be this? https://www.facebook.com/profile.php?id=61555456151939

 

I've been meaning to go, but I really struggle to make the dates after work. Looks like a great regular event though. 

[Jakester]

Assuming it was this case:

 

https://www.gear4music.com/Woodwind-Brass-Strings/Westbury-Deluxe-Padded-3-4-Double-Bass-Gig-Bag-with-Wheels/1MBI

 

A product should be of satisfactory quality and reasonably fit for purpose or, if you make an express purpose known to the seller before purchase, reasonably fit for that purpose (ss9-10, Consumer Rights Act 2015). 

 

S11(4) CRA2015 states:

 

"Any information that is provided by the trader about the goods and is information mentioned in paragraph (a) of Schedule 1 or 2 to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (main characteristics of goods) is to be treated as included as a term of the contract."

 

Schedule 2 (relating to off-premises (i.e. internet) sales of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 specifies that information as being "the main characteristics of the goods, services or digital content, to the extent appropriate to the medium of communication and to the goods, services or digital content".

 

So the description set out on the webpage arguably becomes a term of the contract between you and the seller. 

 

G4M stated that the case "offers comfortable protection for your three quarter size double bass... This model also comes with attached wheels, providing you with a more comfortable transport method for long distances. The generous 22mm padding protects your instrument from any bumps or knocks whilst on the road. ... the BC003 is suitable to transport your three quarter size double bass to live events, band practice and the studio."

 

Accordingly, it was arguably a term of the contract that:

• the case offered 'comfortable protection'
• it could protect your bass during transportation of your bass for long distances;
• it had 'generous 22mm padding' to protect your bass;
• it was suitable to transport your bass to gigs, practices and the studio.

If, as you suggest, there was inadequate padding G4M are in breach of the implied and express terms of the contract between you. 

 

The remedy for breach of contract is damages to put you in the position you would have been had they performed the contract as required. As such, you would be entitled to the claim the cost of any repair (since had the case been fit for purpose your bass would not have been damaged), plus arguably any incidental costs (such as hire of an alternative bass, transport costs etc).

 

I'd be letter before claiming G4M for the cost of repair and then small claims court if they decline. 

 

[DS287]

1 hour ago, Jakester said:

 

Could it be this? https://www.facebook.com/profile.php?id=61555456151939

 

I've been meaning to go, but I really struggle to make the dates after work. Looks like a great regular event though. 

Yes that's the one. Piers and Joe who run it are great.

[DS287]

3 hours ago, Jakester said:

Assuming it was this case:

 

https://www.gear4music.com/Woodwind-Brass-Strings/Westbury-Deluxe-Padded-3-4-Double-Bass-Gig-Bag-with-Wheels/1MBI

 

A product should be of satisfactory quality and reasonably fit for purpose or, if you make an express purpose known to the seller before purchase, reasonably fit for that purpose (ss9-10, Consumer Rights Act 2015). 

 

S11(4) CRA2015 states:

 

"Any information that is provided by the trader about the goods and is information mentioned in paragraph (a) of Schedule 1 or 2 to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (main characteristics of goods) is to be treated as included as a term of the contract."

 

Schedule 2 (relating to off-premises (i.e. internet) sales of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 specifies that information as being "the main characteristics of the goods, services or digital content, to the extent appropriate to the medium of communication and to the goods, services or digital content".

 

So the description set out on the webpage arguably becomes a term of the contract between you and the seller. 

 

G4M stated that the case "offers comfortable protection for your three quarter size double bass... This model also comes with attached wheels, providing you with a more comfortable transport method for long distances. The generous 22mm padding protects your instrument from any bumps or knocks whilst on the road. ... the BC003 is suitable to transport your three quarter size double bass to live events, band practice and the studio."

 

Accordingly, it was arguably a term of the contract that:

• the case offered 'comfortable protection'
• it could protect your bass during transportation of your bass for long distances;
• it had 'generous 22mm padding' to protect your bass;
• it was suitable to transport your bass to gigs, practices and the studio.

If, as you suggest, there was inadequate padding G4M are in breach of the implied and express terms of the contract between you. 

 

The remedy for breach of contract is damages to put you in the position you would have been had they performed the contract as required. As such, you would be entitled to the claim the cost of any repair (since had the case been fit for purpose your bass would not have been damaged), plus arguably any incidental costs (such as hire of an alternative bass, transport costs etc).

 

I'd be letter before claiming G4M for the cost of repair and then small claims court if they decline. 

 

Thanks for this, that's very useful info 👍