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Comments
The materials don’t have to be expensive, just non reactive.
It certainly comes across as snotty enough that I would steer clear of them.
But you are right - them denying that the tab caused the damage is a bit daft and doesn't do them any favours.
I hope it gets fixed alright.
The case is advertised as being a Les Paul case, suitable for a Les Paul guitar. It holds the guitar firmly and protects it from handling damage.
Les Paul guitars come in nitro, poly and even metal finishes. As we know, nitro finishes are funny things. Nowhere does Flight Case Warehouse say it's safe for nitro finishes.
The guitar fits in the case well. The case works. Ergo, it is fit or purpose.
It is unfortunate that the guitar has been marked by the case but, since many other similar guitars have not been marked by similar cases, the fault would seem to lie with the guitar. I would even go so far as to say that the guitar was not fit for purpose since it could not be stored safely without being damaged.
I think any sort of court case would be a complete waste of time. The supplier has offered to refund the price of the case. End of.
Additionally, how old is the guitar? If it's very recent, had the finish hardened properly? Has the storage room varied in temperature a lot? Gibson do allude to the fragility of the finish in their paperwork somewhere.
Funnily enough, I kept two Gibson Les Pauls in one of these cases and neither was marked. I have since bought a further two and both of these have been marked by standing them on an expensive stand, allegedly extremely unlikely to do damage to a nitro finish, but not guaranteed.
I think it's a bit caveat emptor, a bit unlucky and a bit unfortunate on the OP's part.
https://www.out-law.com/en/topics/commercial/supply-of-goods-and-services/product-liability-for-negligence/
They don't need to be "aware." Ignorance is not an excuse. Failure to test and failure to research are liabilities.
This all stems from the fact that it's advertised as a Les Paul case. 100% of Gibson Les Pauls ever made could have this problem in this case.
If they removed those words from the marketing they might just get away with it. Even better, they could just write a warning saying some components may not be nitro safe. Then they are excused.
NB - this is civil, not criminal negligence we're talking about.
Basically I've been sold a case to protect my Les Paul and the case has directly damaged the finish of my guitar due to the materials used in the case - it's that simple really - a guitar case is mean't to protect my guitar not damage it....
Just imagine if TKL who make Gibson cases supplied Gibson with hardcases to protect their beautifully crafted guitars only to find that they have caused damage to the guitar finishes - there is no way TKL would get away with it - Gibson would seek compensation all the way- obviously...
White finishes turn pinkish/yellow under mild burns no matter what is in contact with them though... the colour of the case lining is probably coincidental.