Yes and being in business also means that if your sales person sold an item incorrectly, then the terms of that sale stand, therefore the retailer has to correct the sale even though it is to the retailers' deficit.
Product advertised as 57 RI, sold with incorrect parts, as well as misquoted price..retailer screwed up..simple equation !!

When I bid on a job at a set price, bid accepted, later to discover that (remodeling,renovations, residential) I had bid incorrectly and the project has unforeseen costs, I cannot go back to the customer and demand that they make up the difference.
In my line of work I would have had (which I do ) to state that the bid price is specific to the job and unforeseen problems which require additional material and labor will be charged accordingly

I don't buy the reasoning " it's just business"
A fraudulent sale is a fraudulent sale, period.

[quote="John C"][quote="Capo"]Let me tell you how a local shop handled a Fender case issue for me..............

Ditto. Thirteen years ago I purchased a '97 American Standard Stratocaster....one of those natural finish guitars they did a run of.....from
Alto Music in Middletown NY. I don't know why they did not have a case for that guitar but I walked out of there with the guitar in a Strat Plus case. That's the way you do business. The '97 has gone to make way for other gear but the case now houses my '89 Pewter EC Stratocaster, a fitting place for it and always a fond memory of that transaction. I don't know what they're connection was to FMIC back then, but they are presently a Showcase Dealer and I would not hesitate to travel the 90 minutes from my home to do business with them.

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"Another day in paradise!"

[quote="John
Personally I think the OP should suck it up and keep the guitar.........

Bear in mind that there are financial issues involved here beyond the purchaser's control. I remain of the strong opinion that the entire transaction was both misrepresented and poorly handled and that is something the vendor should be obliged to take ownership of.

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"Another day in paradise!"

I was aware of the OP's unfortunate situation; however, I still believe that this should not be a factor in how the deal is resolved. The OP did get the guitar at a discounted price, but the deal was misrepresented. The OP needs to take ownership of the guitar (hey if he had checked here first he could have gone into the dealer armed with the proper information), but the dealer must make the deal right - otherwise the dealer is preying on an unaware customer.

Of course that happens all the time, but when called on it the dealer needs to step up or pay the consequences of being "outed" as an unethical dealer to be avoided here on the internet.

Thank you all for weighing in on my situation. Really...your help has been invaluable.

I drove to the music store today (it is an hour away). When I got there the owner had left, but the salesmen were able to call him for me and confirm a return for a 20% restocking fee. I had e-mailed him and left him a message, but I suppose he did not read it. I had decided that a 15% restocking fee would be reasonable.

He did not agree to that so they said they would order the correct case, and accessory kit including ash tray cover, tremolo arm, and fender 5 way switch. The salesman tried telling me he didn't think it came with the ash tray cover, but I contested and he said he'd talk to their fender dealer.

I'm hoping that this situation is fully resolved and that this thread will be only a memory along with the whole situation. The last thing I want is for them to continue yanking my chain and stringing me along.

Anyone have any idea how long I should expect to wait for the case & accessories before pressing matters further?

If anyone is reading this thread...please, educate yourselves on any major purchases and be aware of what your guitar, amplifier, etc is supposed to come with!

The proper case and requisite "candy" shouldn't take more than a week to ten days to arrive.

HTH

Arjay

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"Here's why reliability is job one: A great sounding amp that breaks down goes from being a favorite piece of gear to a useless piece of crap in less time than it takes to read this sentence." -- BRUCE ZINKY

Mate I thought I should add some comments here...

I work in the retail game & manage an electronics type outlet. As though our countries were different, Ill tell you what would have happened under NZ Consumer Legislation- because this type of thing can sometimes be common in my field:

First off, you bought a product at a clearance price. Specifically, there are absolutely no refunds with purchases... Unless:

1, The product is different to what was represented to you. (which in your case, is true- you paid for a premium non-CS strat- where is the correct case, ashtray and selector switch kit? and why did they not notify you that this is different? that right there would ensure a prompt resolution if it were me, but hey- you and we all know that 57/62 are on a long waiting list right? a couple weeks wait is reasonable, a couple months is not )

2, The product is faulty, and no replacement can be given.

3, The product is not fit for it's intended purpose.

If the guitar is secondhand, this would be excluded by ALL legislation under consumer law.

However.. your case is a little fickle as you purchased a new guitar that came different to as described without being notified, the store person said "all sales final" and you aknowleged that- meaning you have agreed to the terms of the sale. These two things are rather contradictory against eachother...

I find it rather rude that he made the comment about the Grandfather story though- that is just bad.

OK mate so legally, down here you are entitled to take the guitar back, and ask for the correct case. If this is not avail, then you should be compensated in such way, or the guitar would be returned and you would have 'store credit' against anything in the store that would take your fancy. If you did not like anything in store, and if they cannot get a case/guitar in reasonable time- then you get your money back.

As for the refund -20%? dude, take it. The retailer in my opinion is going above and beyond what he is obliged to do. Remember that regardless of how long you have had the guitar & how good condition it is in, the strat is now deemed secondhand, and the retailer cannot sell it as new. So there goes the lifetime warranty of that guitar- which is why he wants compensation for that because he is taking a hit right there. Make sure that if he is to sell it again, he stipulates this to the new purchaser otherwise he will be duping them. Perhaps do him a favour in the future by returning your custom to him, so he knows that you are a genuine bloke and that you appreciate what he has done for you.

I know what the guys are saying, there is a moral way of solving issues like this too. But you must understand that Consumer Legislation in whichever country you are in, is there to establish a fair common ground for rules between the purchaser and the seller, and it has an interest of protecting both parties in such way. It's not to work against the purchaser.

I hope this helps...

Blair.

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