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Surely any small makers worth their salt would have gone over it, noted the defects and easily rectified them before shipping?
They obviously don't care too much.
This isn’t BMW wanting to sell cars here with safety standards etc. This is a custom guitar build.
And, as you don’t seem to have realised, this is a contract dispute for something that isn’t quite right. This is not a safety standards dispute.
But let’s explore this more as you are clearly an expert.
If you sue in the UK you must serve the proceedings on the defendant. Cannot have a trial or judgment without it. Not even a default judgment. Even a default requires proof of service.
But as per CPR Part 6 you need (really need, not optional) permission of the court to serve the pleadings outside of the jurisdiction. You would first have to convince the court that there is an arguable case that the laws of England and Wales apply for this contract dispute and present evidence of that. Only then will you get permission. Just sending it to the defendant does not count as service apart from some small exceptions.
Make your case: explain with reference to primary legislation, including the relevant treaty, why the court would allow the service of the pleadings outside of England and Wales for a Small Claims matter. Don’t forget to include the criteria for re-tracking into the multitrack and the associated costs risks.
Then for the next part, please fully explain what remedy the court could impose? Full refund? Partial?
And most important of all, let’s say you get over all of that… how would you enforce the judgment of a UK court in Canada against a Canadian company.
Please give full citations. Legislation, Treaties, and the Canadian process for considering the enforcement of judgments from other countries, including value restrictions such as not allowing enforcement for small sums at all because it’s a waste of time.
By the way, to answer this you will need to make reference to the Canadian constitution.
Edit: don’t forget that judgments in Alberta aren’t even automatically enforceable in Quebec!
And don’t forget to show how foreign judgments are registered in the relevant province of Canada (all have different rules) and whether after a UK judgment has been obtained whether it can be enforced in its own merit or whether new proceedings are needed in the correct Canadian province first.
I’m so bored I might as well be listening to Pink Floyd
If you paid by credit card or PayPal they are probably your best options to assist. If you used another method then unless you can negotiate something with the maker it’s highly likely that you’d spend more money trying to argue it than you’d ever get back.
Do you have the full terms of the purchase contract available?
I’m so bored I might as well be listening to Pink Floyd
I found these guys.
https://www.ukecc.net/about/our-process
They don’t mention Canada as a “partner” specifically but it seems they are able to advise on the rights for consumer disputes with companies outside of the UK where UK law doesn’t apply.
Might be worth sending them an email. They may have other contacts.
Also, this confirms contractual disputes could be subject to multiple jurisdictions for the court to sort out as I previously said, including being able to specify what jurisdiction / laws apply.
https://www.weightmans.com/insights/do-you-know-which-jurisdiction-governs-your-contract/
So try and find the paper work.
I’m so bored I might as well be listening to Pink Floyd
• Youtube - https://www.youtube.com/@Goldeneraguitars
All the good advice above is what I'd follow, chase them for the cost of getting someone here to fix the issues otherwise shame them on social media. At the cost of these guitars that's really not acceptable, especially not on a custom order. If that fails, PayPal or Credit Card is the way to pursue them.
Best of luck mate.
The yard is nothing but a fence, the sun just hurts my eyes...
I’m so bored I might as well be listening to Pink Floyd
"In the art of guitar making every instrument has its own unique indications of being a handcrafted object"
• Youtube - https://www.youtube.com/@Goldeneraguitars