Now What Do I Do- RESOLUTION Post #34

[steamloco76]

Since this situation developed I've come to feel like a moron for buying the rifle in the first place.

 

[Watchdog]

Since this situation developed I've come to feel like a moron for buying the rifle in the first place.

I wouldn't, if I were you. This situation isn't your fault, that much is clear. And it isn't the rifle's fault, either. I'm sure there's a solution, but it's probably gonna cost you money.

This whole thing of figuring one of the guys isn't telling the truth about it...I'm not sure I'd spend much more time trying to figure out which one. What I would do, is give some serious consideration to not letting either one of 'em work on any more of my guns. Might hurt someone's feelings, I don't know, but money's money.

Good luck with this, whatever you decide to do, and whatever the outcome.

 

[mod29]

It would seem your LGS friend would have some leverage with the place he sent to gun out to. He could tell them if they don't make this right, they've heard the last from him, plus the loss of good will.

That's kind of how I see this, too.
Your gunstore friend was the last one to see the rifle before it was shipped out to the 2nd gunsmith. He's the one to vouch for the condition it was in prior to the 2nd shop doing work on it. Your friend is the one that should pursue a remedy from the offending gunsmith.

Good luck. A tough situation all around.

 

[amazingflapjack]

If you paid by CC you may be able to enlist their help.

 

[DWalt]

You have nothing to lose by going to small claims court, except possibly your friendship with that guy. But that seems to not amount to much anyway as he is screwing you over for something he could easily resolve - but won't. Some friend. Getting a SCC judgment under bailment and collecting on it are two separate things, but if you don't try and instead surrender you are definitely the owner of damaged goods without compensation.

 

[chief38]

I learned a very valuable lesson a few years back (similar one to yours but with an automobile) and will NEVER use a friend for custom work ever again. In the long run its not worth it and the friendship suffers forever.

Sorry to hear you got stung and hope it gets corrected. Let is know how it ends.

 

[richardw]

My uneducated guess is that if you ok'd your local guy to send it off ..... your complaint is with the out-of-town guy.

If you're thinking of legal action it'd better be only on a matter of principal and not with expectation of being made whole again.

Regardless ...... it stinks for sure. Sorry to hear that.

Yes, it is a lousy place to be in, but giving the OK to send it to another gunsmith is not the same as selecting and contracting with that gunsmith. The OP selected a prime contractor and then approved that the gun could be sent to a subcontractor, but the OP did not select or contract with the sub so his recourse I'd against the prime contractor because he has no direct relationship with the subcontractor. The prime contractor has that relationship and it is his duty to resolve the matter with the sub.

 

[richardw]

Since this situation developed I've come to feel like a moron for buying the rifle in the first place.

You are being too hard on yourself. First, you do not have any evidence that you bought a defective gun. You know that it fired true to target before you sent it for gunsmithing. It came back in an altered state. Not your fault because it fired true when you sent it out.

Give yourself a break, and take it easy on the self incrimination.

Imundestand your dilemma about your LGS friend, but he has some culpability in the matter. It is time for a candid talk with him to work out a deal so that you don't have to eat the loss.

Propose that he keep the rifle and give you a store credit for its value to you. If that fails counter with an offer to receive a credit for the wholesale value he would have to pay for the gun. That is a compromise that shares the burden of the loss.

 

[steamloco76]

UPDATE

Figured I would post an update.
I had a long conversation with my LGS friend regarding the situation. The rifle is currently being repaired at an out of state gunsmith shop which does a lot of work on lever action rifles.
So, I should have a full functional rifle sometime before October.

My LGS friend called the large Pittsburgh area gunsmith firm and spoke to the head gunsmith. Apparently the tang hole was drilled and the sight mounted by one of the technicians who then tagged the rifle as completed and put it in the shipping rack. The lead gunsmith inspected the rifle and noticed the canted barrel. He still boxed the rifle and returned it via UPS WITHOUT contacting the LGS regarding the canted barrel. My friend asked WHY they would ship a rifle with a canted barrel, and a now useless peep sight they had installed, back to him instead of correcting the problem, or at least CALLING him.
He said there was silence, then the gunsmith said he had another call and had to go.

So, I think we can pretty well put the blame for my screwed up 1873 Uberti on the gunsmith. Why they didn't fix their mistake when the gunsmith now admits he saw the problem after the work was done left me and my friend baffled. Seriously, this gun shop sends the gunsmith a lot of business. Well used to. The LGS is now using a different gunsmith thanks to the lack of response to the problem with my gun.

 

[Jessie]

I'm glad it's getting taken care of for you.
I had a situation where I took an item in for service and it was sent to a second shop. The work was sub-par and needed to be corrected. Second shop refused to do that so I sued.
The judge apologized but threw out the case saying that I had to file against the first shop that I took it to and they would file against the shop they sent it to.
I learned a lesson there. Common sense does not rule in the legal world,
train of possession does.
You would had to have sued your friend at the LGS you first took it to.

 

[Farmer17]

I've taken guns to gunsmiths only twice in my whole life. Once to have a bead put on a shotgun and the second time to just assemble an AR15 lower receiver. I would think both items would have been quite simple even for a novice gunsmith right out of school, but both times the guns came back screwed up.

 

[bigwheelzip]

Good luck getting it straightened out with the new guy.

Hopefully it comes back perfect, and the whole experience fades from memory as that new tang sight helps put rounds on target.

 

[Tom S.]

I've taken guns to gunsmiths only twice in my whole life. Once to have a bead put on a shotgun and the second time to just assemble an AR15 lower receiver. I would think both items would have been quite simple even for a novice gunsmith right out of school, but both times the guns came back screwed up.

Not everyone who calls themselves a gunsmith is.

 

[steamloco76]

Two weeks ago my gunshop owning friend called me. Seems the out of state gunsmith wanted serious money to set the barrel back one thread to correct the cant issue. He asked for the rifle to be returned. He then contacted the distributor he ordered the rifle from in the first place, as they have a supposedly no questions asked lifetime replacement policy. Guess what, they really do honor the replacement policy!
The replacement rifle arrived yesterday. Nice, but it has butt ugly case coloring and very plain wood. I thought "Oh well, at least I can now shoot it." Then my fiend says, hey it's a new rifle, you can either take it or let me put it in stock, sell it and give you all your money back. I chose the latter. Work stinks lately and after all this time my feelings for the Uberti 1873 have cooled. Hopefully it won't take six months to sell.