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Hey, even after thirty years of playing, I'm a mediocre guitar player and bassist at best (but a kickass drummer...and you know what they say about drummers...). My first guitar was a Fender Mustang. purchased in 79, then a Jaguar and Jazzmaster in 80 and 81 respectively. All were stolen, along with my car and a few thousand dollars of film equipment, so I started over with a used Mosrite that the salesman thought was from the mid-sixties. It didn't have a Ventures logo on it, but the serial number began with V. I never really looked into it, I just thought was the greatest guitar in the world. and played it for the next 20 years in bands and on recordings. Time took its toll, the trem arm got very wobbly, the hardware was rusty, and it generally needed a clean-up or restoration I could not afford. I put it in storage, and over the years acquired a Strat, Les Paul, PRS SE, Epiphone bass, and Takamine and Rainsong acoustics. But I missed the Mosrite.

Now I don't know if this is the place to post this--and it's the reason I got on this forum--but there is a question I have that needs to be answered rather quickly. I finally took the Mosrite in for repair earlier this week, and all looked good according to the tech. But he called yesterday and said there was a slight problem: the trem arm broke at the nut. I never had any problems with the arm, other than the fact that it would not stay in place and also dropped down. I think the nut was stripped and the teflon washer was long gone.

Anyway, here is my question: the tech says he could not find a replacement arm. I have found one. But in terms of the damage itself, what is your opinion of how much I owe, if any? Obviously the value has been greatly diminished by the broken arm, and obviously it was an accident. But I left it in his care and he broke it. If he hands me a bill for the work, I am feel like I should hand it back to him, and tell him I want it the way I left it with him: complete.

I have no experience in these matters, other than living in the real world for 49 years, but the music world is different. If I left my car for repairs and they accidentally broke the windshield, they would pay to replace it. But I have the feeling this guy will just say "Stuff happens, man," and hand me the bill.

Is it reasonable to ask him to purchase the replacement arm I have found (at less than 1/2 the price of one he quoted me yesterday for a third-party trem arm that promptly went out of stock) and have him put it back on the guitar at no charge, and then I will pay him for the work he was hired to do in the first place? That seems fair to me, but I would like your advice.

And if I needed to post that question on the separate forum or new post, please accept my apologies and steer me in the right direction. I am so excited to get my Mosrite back, but it is turning out to be a bittersweet experience and hope that you--my fellow Mosrite enthusiasts--will offer sound advice and counsel.

It's great to be here !

Welcome to the Mosrite forum,

It should be the techs responsibility if he broke it. Sounds like the nut was seized from years of oxidization between the metals. Vintage equipment requires a more gentle approach especially when disassembling them. I know from experience. There are reproduction replacement arms available from Bob Shade and Artie at Front Porch Music, both members of this forum. Stand firm with your tech.

Welcome to the Forum and as Danny suggested, stand firm. I hope matters turn out positive for both in the end or at least a satisfactory compromise is reached. Do show us some pics of your Mo' when you have it back again...we wanna see

Hi and welcome to the forum. That is a major bummer! What model guitar is it?

Please note: I am not an attorney, never have been and never will be and therefore I would never ever in a million years give legal advice to anyone. What you are about to read is not legal advice and should not be taken as such. It is merely a thought that runs through my mine of something I read once.


Under bailment and conversion law, which establishes that a proprietor has a duty to return an item in the manner and state as mutually agreed upon.

The law is straightforward on that subject:

Duty of Care: Under California Civil Code Section 1852, the bailee (Guitar tech) has a duty of ordinary care in protecting your guitar from loss, and a duty to return the property upon demand.

Refusal to Return Property on Demand. Even where the possession of property has been lawfully acquired, wrongful withholding is actionable. Hence, where the person entitled to possession demands it, the unjustified refusal to give it up is conversion. (Edwards v. Jenkins (1932) 214 C. 713, 720, 7 P.2d 702; Schroeder v. Auto Drivaway Co. (1974) 11 C.3d 908, 918, 114 C.R. 622, 523 P.2d 662.

Misdelivery: Delivery of goods by a carrier, warehouseman, or other bailee to the wrong person is a conversion. (Byer v. Canadian Bank of Commerce (1937) 8 C.2d 297, 299, 65 P.2d 67; Fisher v. Pickwick Hotel (1940) 42 C.A.2d Supp. 823, 825, 108 P.2d 1001; see Rest.2d Section 234, 235.)

Mistake, Good Faith, and Due Care Are Not Defenses. Mistake, good faith, and due care are ordinarily immaterial, and may not be set up as defenses in an action for conversion. (Chatterton v. Boone (1947) 81 C.A.2d 943, 946, 185 P.2d 610; Shahood v. Cavin (1957) 154 C.A.2d 745, 751, 316 P.2d 700.

Conversion is a Strict Liability Tort. Conversion is a strict liability tort. Burlesci v. Peterson (1998) 68 C.A.4th 1062, 1066, 80 C.R.2d 704. This means that fault is not required.

Small claims has a ceiling of $7,500 in the State of California and attorneys are not allowed to argue the case. You may however have an attorney assist in the matter preparation and coach you on how to proceed.


Again, this is not legal advice, merely random thought flying around in my head that I thought I’d share with no one in particular.

In my opinion you have a few options 1 make him replace it like others say 2 If you want to keep it all original which will maintain it's value you can have the arm heliarcked, repair the screw by chaseing the threds on the screw and nut, replacethe nylon washer or 3 tell him what it will cost for you to put it back in original codition and subtract the difference in the bill and pay that. Sorry to hear such ignorance plagues the luthiers wold as it does mine. Good luck and welcime to the forum. You might beable to purchase one from Ed Elliot or raygun (Matt) a close replacement look a like.

Well, ladies and germs, I stood my ground, but it was clear I was not going to get my guitar back unless I played ball. And the more he explained what happened, and the more I put myself in his shoes, the more understanding I became about not pinning it all on him.

The trem arm was loose, and had been for decades, when I brought it in. I remember trying to tighten it in the 80s, and though it worked for a while, it always eventually flopped back down and swung there, loose and noisy. At one point, the head of the screw was starting to strip and I could not longer really get the right grip to tighten. So I let it go.

Also, as some of you know, these guitars go out of tune very easily, so I even considered having a static bridge installed as I did on my Strat--or springing for a Bigsby put on. Sure, it would no longer be original equipment and the value would plummet, but if I was keeping it for playing, and what I love is the sound and the feel, then what the heck?

So I asked this tech to tighten it up for me. He said that there was only one teflon washer in there, which is why it was not holding, and that he would have to take the trem arm apart, get/build the washers, and reassemble. No biggie.

The problem came when he went to unscrew the arm. According to him, he had barely started to unscrew it when there a kind of "pop" and the screw just broke into a few pieces. I still have the full arm, nuts and bolts, and pieces of the screw...a clean break. So when I asked if I would have had to have bought a new arm regardless and he said yes, since the nut/screw assembly on this one was corroded and crap, I decided to let it go. He knocked of the price of tightening the darn thing, and agreed to put in on for free when I purchase a new one. So I only paid for the cleaning and set-up, where he had done A LOT of nice work.

So my question now is....go for the trem arm on ebay http://tinyurl.com/2ebp5ad for $70, or try to track down the assorted guys who may have the part, i.e., the ones you have mentioned in the posts.

Once again, thanks for the warm welcome and support on this first "crisis." I will take a nice picture of her tomorrow for you viewing pleasure. Oh, and by the way, I nearly forgot to mention that she sounds INCREDIBLE. And that's what it's all about, right?

Now to await the vintage Silvertone I got on Ebay last night for $125 bucks....

Fiasco™

Fiasco wrote:...//...The problem came when he went to unscrew the arm. According to him, he had barely started to unscrew it when there a kind of "pop" and the screw just broke into a few pieces. I still have the full arm, nuts and bolts, and pieces of the screw...a clean break. ...//...So I only paid for the cleaning and set-up, where he had done A LOT of nice work.

Now to await the vintage Silvertone I got on Ebay last night for $125 bucks....

Glad to hear of the positive outcome Fiasco. I had been thinking that the "pop" experience could have happened to anyone having a go at fixing the trem arm but your luthier ultimately seems to have become the bearer of bad news ;
Looking forward to see your axe. I would suggest you keep the original arm in any situation even if perhaps the 'rite' techie is unable to make the required mods on it for re-use. For a new replacement arm http://cgi.ebay.com/HALLMARK-MOSRITE-DI ... 45f292f489 a Hallmark replacement could be the answer. Bob Shade of Hallmark Guitars (= gourmetguitars) is a forum member here too.

...and indeed the INCREDIBLE Mosrite sound is what it's all about... (and the rest... )

Congrats on the Silvertone score; can't go much wrong for 125 bucks!

Paul

Glad all is well with the situation, and the out come was satisfactory with you. One couldn't ask for more, and yes the sound is what its all about

Welcome to the forum. It sounds like everyone was reasonable and things turned out ok.
Jim

Welcome to the forum. Which model is your Mosrite? I'm guessing its a Mark I.

Austin