Stephen Perry

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  1. Stephen Perry

    Method for determining arching height?

    Thanks. I've figured out how to do good measurements once completed, using all three of my arms! I expect this top will be fine with a standard arch height, being dead center normal spruce. I have some very light spruce, too, which will be fun. The back and ribs for the two Betts influenced instruments I selected to be as close as I could find for density and ring. Intended to do two different archings. Mulling over how to do number 2. Will take me a while to finish the first, regardless.
  2. Stephen Perry

    Method for determining arching height?

    All makes sense to me. Thank you. I will let these arches drift into that 15.5 to 16 mm range and concentrate on refining this arching with fairly wide channels. Then I will get back to a narrow channel version. See what differences come up.
  3. Stephen Perry

    Contents of a consignment agreement

    Skiing, look up consignment agreement on google. Lots of examples. I attempt to find and borrow from agreements involving big firms in general. Likely expensive agreements, highly reviewed! Put in all the usual. Merger clause, survival, counterparts. The typical contract parts that give so much trouble later if not done right!
  4. Stephen Perry

    Contents of a consignment agreement

    OK, sorry about that. The courts are different in different places. Laws are different. Damage, failure to perform work, loss of goods all show up with regularity in bailment situations. I greatly prefer to work on my own stuff and not others', and especially to not have others' stuff for sale. Hasn't been a comfortable thing. I had a case where a shop contracted to perform work, then damaged the item, lost components paid for directly by the item's owner, and failed to produce the item or account for its whereabouts for some time. So all these aspects blur together regularly, at least in the US. These are sad situations. As are those where people send things in without providing contact information, or fail to pay for repairs, or for any other reason their possessions remain abandoned in some shop. I actually have an abandoned instrument or several at the moment. State law addresses what to do with these, but never makes me comfortable. The policy I have advised on consignment sales is to put the entire sum realized into a separate account, as one would with a tenant's security deposit, and only release funds to the consignor and the shop upon passage of a period of time sufficient for a trial or for the funds to be unable to be pulled back from the shop's working account. For attorneys with trust account, the money in the account isn't theirs until this is done. Businesses do well to follow that pattern.
  5. Stephen Perry

    Method for determining arching height?

    In light of late discussions, specifically the secret was a concept one, I have the opportunity to set the arching height on two different instruments, both based on the Betts outline. The backs are arched, but nowhere near finished. The fronts were first-pass cut. Edges taken to 5 mm, but no channel width set, and the arch height not set. One is in that rough condition and one I have set the long arch a bit high, and have roughed out the general arch shape. The long arch has three sections, with the joining points determined by compass construction from points on the upper and lower bout vesica pisces points marked. I selected points that were further toward the ends than I usually would to get a longer center run. My inflection points appear to correspond to those eyeballed from the Strad poster of the Betts. I also selected the long radius for the center run based upon that poster. The cross arching I set using David Beard's description of 2/3 run/1/2 rise, using two iterations. The arching looks good, will need work at the level of the corners. My intent is to marry the 2/3 - 1/2 system with the Francois Denis vaulting description, see whether I can make the two fly together. The arching is currently 16.3 mm, leaving room for me to progressively and selectively lower it to a "suitable" height. My question is, what could I look for to determine a suitable height? I have the wood density in notes in a box somewhere in my storage unit. Not really accessible, but I could determine the density if that's key. The speed of sound - well. I am not set up to determine that, but these tops ping within the center of the wood I have, and ring pretty nicely. Decent tops. I know I selected them to match the backs, but cannot remember how (they're from years ago - projects stalled after my motorcycle wreck). I'm sure it's in my stored notes, along with other things I'd really like to have! So what do I do to set the height? My intent was to float things down to about 16 mm progressively and carefully to accommodate Denis concepts, the usual modifications around the F holes, straight line segments (which seem quite important to me, but are another subject), and now to merge with the 2/3 - 1/2 run - rise system presented by Beard. My use of the run - rise system springs from examination of plates I quickly arched and showed to a well-known maker, who really liked them. I'm not totally married to it, but the result was the most pleasing and satisfying of anything I had done using templates, and this top I am working on is giving me the same warm fuzzy happy feel. Thank you for any suggestions.
  6. Stephen Perry

    Contents of a consignment agreement

    The UCC-1 merely provides notice to someone considering using an entity's inventory as collateral for a loan that someone else has a prior claim on those particular items listed. There are likely fancy terms in there, but I haven't dealt with security interests in a decade, and am rusty. Always check for the law in your jurisdiction and for the most current versions and interpretations. The UCC-1 has nothing to do with other agreements. It just sits there, in a file, for people who are prudent to look at. It provides constructive notice. That is you knew about this, or if you'd bothered to exercise suitable diligence, you would know about this prior security interest, therefore you are behind the dude who bothered to file. I suppose one could use a UCC-1 to demonstrate that something is yours, and that its filing without objection would be evidence that a consignee knew it was yours. Note that I am not licensed in 49 states and can really only comment on general principles. It's essential that those entering into contracts whether relying upon default law or their own statements understand what they are doing. All US dealers should be familiar with what a dealer is under the UCC - uniform commercial code, how the code is enacted in the jurisdictions they do business in, and how the code is likely to apply given the nature of their particular business. Bailments (consignments being part of bailments) are especially interesting. Another nifty area is risk of loss. And buyer's remedies upon delivery of non-conforming articles is truly fascinating. How I can buy a $100,000 Spumoni (as described) for $10,000, accept it, get an expert to testify it's a fake worth $10,000, and then go after the seller for the $90,000 difference. This has been done in the violin trade, and carried through. Look to express warranty of description.
  7. Stephen Perry

    Contents of a consignment agreement

    Exactly. Contract trumps backup general legal principles and, except where specifically barred, statutes. This is something that can be negotiated. My personal approach has been to state the ruling default law in written contracts, without reference to that law. Push comes to shove, the case law refining the default laws meaning and application directly applies, simplifying analysis of the issues. This avoids long and expensive arguments over what "is" means in this context!
  8. Stephen Perry

    Contents of a consignment agreement

    1. It's not a draft contract. It's an old contract from over a decade ago I found in my archives. It likely was developed for someone who simply asked me to sell something for them. 2. People consign items because they don't have the ability or desire to present their items to the market, they can't take credit cards, they don't know how to describe their items, they hate people, and so on. 3. Characterizing shopkeepers as "desperate" is unnecessary and downright nasty. Anyone approaching me to help them sell something and characterizing me as "desperate" would be shown the door. Consignment is a legitimate and useful portion of a business model. Not all business models, but it is a component, such as renting, manufacturing, custom work, and repairs. 4. Bankruptcy does present issues. Entities that go bankrupt have not necessarily exhausted all their assets. They simply cannot pay their debts. Companies do this all the time. A business model that's frequently used is to set up (sometimes from the beginning) a strategic bankruptcy. Owners/managers sometimes arrange to extract large sums, wait a suitable period, and then bankrupt the business, restructure it, and make it work freed from its initial debts. I find this distasteful, but if done correctly, it's both unethical and legal. 5. Building on No. 4, bankruptcy results in restructuring of debt. Note that I am not a bankruptcy attorney. The creditors get in a line to split up assets or to get paid in the future or whatever. Unsecured creditors are at the end of the line. The trick is to be at the front of the line and entitled to full satisfaction. One element of this in the US is putting other creditors on notice that you maintain an interest in your goods. Thus the filing of a UCC-1 becomes very important. You tag your goods in a formal manner. A bank looking to loan the entity holding your goods will see that you have an interest that will be higher priority than their general interest in all the goods within the business. 6. I understand you don't see the value of contracts. Perhaps you misunderstand. Every dealing involves a contract, whether written or not. Writing simply helps clarify things. If you give something and get something there was a contract. Best to have it written down. 7. Nothing I wrote suggests I have any interest or any shop or individual acting as consignee in how much anyone makes in making or selling things. I have no sense of entitlement at all. I would rather not, personally, take consignments. From an objective perspective, a business just doing consignments might do well. Perhaps with special sales events. Those could, for example, be periodic auctions. Oh, that's a business model we know. 8. You're very prickly and personal. You may wish to examine your presentation approach, especially when poking at people who actually know things in a domain where you clearly know absolutely nothing, and may even be proud of that.
  9. Stephen Perry

    Contents of a consignment agreement

    There is no "the law." There are statutes, judicial decisions, standard courses of dealing. So, without any specific advice, I will simply observe that terms like "fair market value" end up debated in court. A big issue is when the consignee fails to honor this type of term and ends up in bankruptcy anyway. You're still screwed. The UCC-1 is likely more effective.
  10. Stephen Perry

    Contents of a consignment agreement

    Risk of loss is negotiable. Owner assuming risk for everything except gross negligence is sometimes put in. If I recall correctly (long time now since studying for the bar exam), if the bailment is for mutual benefit, then the bailee must exercise ordinary care and is liable for breach of that duty. Contract can always trump. I would likely leave 7 alone. I would make more clear risk of loss and anything else I can think of when instrument is sent out. I'd also add a section on owner being responsible for filing UCC-1. Notify and return if bankruptcy contemplated. Require secondary contact (I have had things left and been unable to find the consignor for years). Disposition if consignor cannot be located. Shipping costs. Attorney fees if dispute.
  11. I made a little A Amati copy a few years ago, never got around to putting the neck in. 340 mm body. Was intended to be Baroque. I want to finish it up, but set for modern play. What nut and end of fingerboard widths might be appropriate? Just cut down a standard bridge? Suitable projection? The information is in my files in storage!! Thought the collective wisdom here might have magic numbers easy at hand. Thanks!
  12. Stephen Perry

    Contents of a consignment agreement

    This is old, I am amazed I found it, and would now add a few things: CONSIGNMENT CONTRACT 1. Names. ____________________________, Owner, and SHOP, Consignee, agree to the following consignment: 2. Property Consigned. Owner has delivered / will deliver the following Goods to Consignee on consignment: Goods Minimum Sale Price __________________________ _____________________________ __________________________ _____________________________ 3. Title. Title shall remain in the Consignor at all times until a final sale. 4. Efforts to Sell. Consignee will display the Goods and attempt to sell them at or above the prices listed in paragraph 2. Consignee may ship the Goods to potential buyers outside the state of __________. Consignee will obtain the oral or written or email consent of Owner before selling the Goods at prices lower than those listed in paragraph 2. 5. Proceeds of Sale. Following a sale, Consignee will retain from the sale proceeds a commission of 20% of the sale price plus any labor and material charges incurred in preparing the goods for sale. In computing the commission, sales tax will not be added to the sale price. Consignee will send the balance of the sale proceeds to Owner within five days of the sale. 6. Ownership Before Sale. Owner will retain ownership of the Goods until they are sold. 7. Risk of Loss. While the Goods are in Consignee's possession, Consignor will bear the risk of damage to or loss of the Goods. Consignee will immediately notify Consignor of any loss or damage. 8. Termination of Consignment. Owner or Consignee may terminate this contract at any time. If either party terminates the agreement, Consignee will return the Goods to Seller at: [ ] Seller's place of business at ___________________________________________________. [ ] Consignee's place of business at _____________________________________. [ ] Other: ___________________________________________. Consignor is responsible for the cost of shipping should Consignor specify return to other than Consignee’s place of business. Consignor may use any commercial carrier. 9. Fee Avoidance. Following termination of Consignment, should Consignor sell the Goods to a buyer located by the Consignee during the period of Consignment, the Consignor agrees to pay Consignee all money that would have been due to the Consignee had the Goods been sold during the period of Consignment. 10. Entire Agreement. This is the entire agreement between the parties. It replaces and supersedes any and all oral agreements between the parties, as well as any prior writings. 11. Successors and Assignees. This agreement binds and benefits the heirs, successors and assignees of the parties. 12. Notices. Notices may be made orally or via email and subsequently confirmed in writing. A notice may be delivered to a party at the address that follows a party's signature or to a new address that a party designates in writing or email. A notice may be delivered: (1) in person, or (2) by regular mail Initals: Consignor ________, Consignee ______. Gianna Violins Consignment Contract with ___________________________________ page 2 13. Governing Law. This agreement will be governed by and construed in accordance with the laws of the state of ________________. 14. Counterparts. The parties may sign several identical counterparts of this agreement. Any fully signed counterpart shall be treated as an original. 15. Modification. This agreement may be modified only by a writing signed by the party against whom such modification is sought to be enforced. 16. Waiver. If one party waives any term or provision of this agreement at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this agreement, that party retains the right to enforce that term or provision at a later time. 17. Severability. If any court determines that any provision of this agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this agreement invalid or unenforceable and shall be modified, amended or limited only to the extent necessary to render it valid and enforceable. Dated: ____________________ CUSTOMER Name of Business: ______________________________________________ a ____________________________________________________________ By: __________________________________________________________ Printed Name: _________________________________________________ Title: _________________________________________________________ Address: ______________________________________________________ CONSIGNEE SHOP By: __________________________________________________________ Printed Name: _________________________________________________ Title: ________________________________________________________ Address: ___________________________________________________
  13. Stephen Perry

    Violin shop bankruptcy in Chicago

    Most people don't know anything about UCC-1 filing. I've filed for items I'm consigning and had the shop completely blindsided. It's easy! Should do that with expensive items left for repair, too. Horribly unfair, but there are worse pieces of law out there. Speaking of Chicago, I am really amazed at the mix of fireworks and small-arms fire last week. Living the adventure here in the Windy City!
  14. Stephen Perry

    Stradivari's secret was a concept?

    Thank you. I have a nice selection of wood I can't use, although I'm just working on density and response to tapping. Some will make nice old time fiddles, I suspect, but not brilliant classical instruments. The arching was what I have noticed is somewhat nebulous in design. Thin in the center, I notice some backs at 4 mm, which is a bit paperish, and down to 3 or under along the waist. As for tops, Loen's work showing reverse graduation is interesting, but doubt it's been adopted in factories. I have indeed seen some rather spongy tops with quite varied and thin centers. I've more often observed generous thicknesses, with frequent questionable rather thin spots! I figure hitting density about right with a good sounding piece of wood, and settling the arching in as I go along is likely a reasonable approach, the best I can do for the moment in my spartan conditions. Thank you
  15. Stephen Perry

    Stradivari's secret was a concept?

    I was wondering what you consider the most important "fundamental working practices" that are disregarded in factory violins. I have noted a fair number, but likely miss some important things. Thank you.