evolucian
tyrone... enough bro.... go do your thing and post again when you have a favourable outcome.
I agree its bad what they did... but do something instead. Might make you feel better inside ?
tentop
IceCreamMan wrote
No defamation here , as long as the poster is detailing his experiences and they are true then he is being factual....
(this is a valid defence against defamation)
Actually, truth is not a sufficient defense in SA defamation law. In this case you would also have to prove that it is in the public interest, which might not be too hard a case to make.
Retailers could conceivably sue every time someone puts something up on a consumer site but they don't, because they know it would be a counterproductive way of dealing with it.
Tokai-SA
evolucian wrote
service... unless that escaped you tokai... if it did... then its ok
lol
AlanRatcliffe
Putting aside some of the strong feelings this has roused already, there are as has already been said, two sides to every story. I know Dayne Marshall and he's a nice guy, and I know Tyrone from the forum only. I was not party to any of the conversations and my only knowledge of the situation comes from Tyrone itself, so most of what is written below is based purely on what has been said here.
It's not defamation to say they lost the guitar while it was in their care, it's a simple fact. Tyrone is free to say that here on this public forum as much as he is entitled to say it out loud to someone without it being regarded as slander. That they are "useless" is his opinion only (although an understandable one in the circumstances as given) and telling us not to take our guitars to them likewise (I do draw the line at calling them "tossers" though Tyrone). And given the circumstances, there will be those that agree with him (and those that don't). Like it or lump it, that's freedom of speech, so there is no need to discuss that aspect further.
To be honest, I'm sceptical whether a 10 year old instrument can be regarded as an "heirloom" (although I think an EKO would be older), or whether one can assign a monetary value to it above and beyond the intrinsic value - that would be for a court to decide.
HOWEVER - regardless of the value, real or perceived, Tyrone entrusted an instrument to their care and it is gone. In my opinion I think he is entitled to demand a replacement. Offering R200 is not replacing it - even the cheapest secondhand 12-string will cost him five times that, so if he accepts that, he loses out badly. Offering a hefty discount on something else is also not a solution - that also requires him to pay money in to replace what he had and they lost through no fault of his own. I certainly wouldn't be happy in the same situation. If they found a Cheap Cort and gave it to him they would be seeing him right. Sure, that may cost more than the EKO was worth, but that is - in all fairness - their problem not his.
Think of it this way - if it was your beat up old Mex Strat and they offered you R2 500 or a hefty discount on another guitar, would you be happy? You couldn't replace a Strat for that either.
Tyrone, just be aware that once it goes legal, there is no turning back. You may not be able to discuss it further here once it does until the issue is resolved in a court of law or by agreement (check with your lawyer).
All the above strictly my own opinion.
Heath
Been in the IT industry , I collected a machine from a client , harddrive had crashed , it was 5 years old , and they stole me car with the machine inside . The machine was also worth about 300 bucks . We consulted our lawyers and at the end of the day 1e were responible for the machine , either replace it with the same machine , or give them a new machine with todays specs , they ended up with a 3500 box , but they did pay for a new hard drive . So at the end of they day they admitted fault , either replace the guitar with same kind , or take the fall and buy you a guitar of similar specs .
But I am sorry for your lose , they need better control of there staff , you must not suffer because they can't hire people that are sober . Not your fault . Fight it .
Tokai-SA
Alan Ratcliffe wrote
Putting aside some of the strong feelings this has roused already, there are as has already been said, two sides to every story. I know Dayne Marshall and he's a nice guy, and I know Tyrone from the forum only. I was not party to any of the conversations and my only knowledge of the situation comes from Tyrone itself, so most of what is written below is based purely on what has been said here.
It's not defamation to say they lost the guitar while it was in their care, it's a simple fact. Tyrone is free to say that here on this public forum as much as he is entitled to say it out loud to someone without it being regarded as slander. That they are "useless" is his opinion only (although an understandable one in the circumstances as given) and telling us not to take our guitars to them likewise (I do draw the line at calling them "tossers" though Tyrone). And given the circumstances, there will be those that agree with him (and those that don't). Like it or lump it, that's freedom of speech, so there is no need to discuss that further.
To be honest, I'm sceptical whether a 10 year old instrument can be regarded as an "heirloom" (although I think an EKO would be older), or whether one can assign a monetary value to it above and beyond the intrinsic value - that would be for a court to decide.
HOWEVER - regardless of the value, real or perceived, Tyrone entrusted an instrument to their care and it is gone. In my opinion I think he is entitled to demand a replacement. Offering R200 is not replacing it - even the cheapest secondhand 12-string will cost him five times that, so if he accepts that, he loses out badly. Offering a hefty discount on something else is also not a solution - that also requires him to pay money in to replace what he had and they lost through no fault of his own. I certainly wouldn't be happy in the same situation. If they found a Cheap Cort and gave it to him they would be seeing him right. Sure, that may cost more than the EKO was worth, but that is - in all fairness - their problem not his.
Think of it this way - if it was your beat up old Mex Strat and they offered you R2 500 or a hefty discount on another guitar, would you be happy? You couldn't replace a Strat for that either.
Tyrone, just be aware that once it goes legal, there is no turning back. You may not be able to discuss it further here once it does until the issue is resolved in a court of law or by agreement (check with your lawyer).
All the above strictly my own opinion.
Very well said.
I think Tyrone let it go on for too long...it should have been resolved after a few weeks, not years.
The longer you let it go on the less urgent it becomes, IMO.
singemonkey
The Mighty Ratcliffe has spoken. ? And wise is his voice - as usual.
Tokai-SA
singemonkey wrote
The Mighty Ratcliffe has spoken. ? And wise is his voice - as usual.
I agree, when I read Alan's words I wish I could express my thoughts the same way, but I can't. ☹
Manfred-Klose
I agree, when I read Alan's words I wish I could express my thoughts the same way, but I can't.
........some say he can read a book under a day ?
Wizard
Two key and separate issues here:
1) The implicit trust when someone becomes a custodian of our property
2) The reasonable corrective action when something goes wrong and that trust is broken
Keira-WitherKay
anyway i also deal with marshall music woodmead almost exclusively and had no issues with them..... and they always great order anything i want an beat most everybody's prices.......... so i'm happy with the marshall music in woodmead ....... but yeah sh*t happens i guess....
and just a note marshall music in woodmead now has jochim who runs his own company JD custom on marshall music premises in woodmead for repairs....... i have had guitars in and out of his workshop and it's prompt turnaround times and good work......... so maybe the other branch's still outsource repairs... but at marshall music woodwood it's all done on the property ....... so i guess that allows one to feel more comfortable.......... as far as i know andy mc gibbons and music connection also have instore workshops........
my only question would be why let this go on for 2.5 years .. i would be on their doorstep if it took longer than 7 days ......
but sorry for your loss .....hope it gets resolved
baseline
I think Marshal at the Glen acuired the bad rap from the old owner, Marshal used to be at Comaro Crossing on the top floor. but the thing that gets me is, Why did you wait two and a half years to find out what is happening with you guitar. surly you would have asked questions as what is happening to it within the first week. Don't make sense ☹
aubs1
...
[deleted]
Let's not be in a hurry aubs, it might be another two and a half years before we get closure on this.
MIKA-the-better-one
random comment, I went to marshall in the glen a few weeks back, and asked them if they had a tu2? and I got given a blank look and a "huh" then i specified Tuner!!!! and i got a "yah bru" and was handed a peice of crap little quick tune...... May i say i would never return to them.
Shawnvs
Heirloom or not, the music shop lost a customers guitar! How on earth do you do that?!!!!
The customer was in love with the instrument.
How can you tell a customer that his precious instrument sucks, are you stupid? You could just tell the customer you are so sorry and give him a decent 12 string and try make it up. What are you losing? You can claim business insurance on the loss. What a fool.
Ray
OK well tell me if this one works. Maybe I'll have a crack at it.
Wizard
You take your grandmother to the hospital for a hip replacement operation.
They subsequently tell you she has vanished ... because the driver of the ambulance turned out to be a drug dealer who hijacked it ... with your granny in it.
They offer to give you some other old duck from Ward 13 who is 89 and who no-one has claimed.
Wait ... when they accepted your gran, didn't they implicitly commit to look after her?
What the hell is the concept of a replacement granny anyway?
aja
Wizard wrote
You take your grandmother to the hospital for a hip replacement operation.
They subsequently tell you she has vanished ... because the driver of the ambulance turned out to be a drug dealer who hijacked it ... with your granny in it.
They offer to give you some other old duck from Ward 13 who is 89 and who no-one has claimed.
Wait ... when they accepted your gran, didn't they implicitly commit to look after her?
What the hell is the concept of a replacement granny?
If this happens to you again I would consider taking your family to a different hospital in future...
Bob-Dubery
Wizard wrote
You take your grandmother to the hospital for a hip replacement operation.
They subsequently tell you she has vanished ... because the driver of the ambulance turned out to be a drug dealer who hijacked it ... with your granny in it.
They offer to give you some other old duck from Ward 13 who is 89 and who no-one has claimed.
Wait ... when they accepted your gran, didn't they implicitly commit to look after her?
What the hell is the concept of a replacement granny?
Guitars, for all that we like them, are not human beings. There is a distinction in law, and should be in most areas of activity, between human beings and inanimate objects.
