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Out of interest, is it choking *only* at the 5th fret - in which case it's more likely to be a lifting 6th - or all around that area? If it's a lifting fret then re-seating it and possibly a light fret dress should fix it permanently. If it's the neck moving then the problem could well come back later.
"Take these three items, some WD-40, a vise grip, and a roll of duct tape. Any man worth his salt can fix almost any problem with this stuff alone." - Walt Kowalski
"Just because I don't care, doesn't mean I don't understand." - Homer Simpson
http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act
"Take these three items, some WD-40, a vise grip, and a roll of duct tape. Any man worth his salt can fix almost any problem with this stuff alone." - Walt Kowalski
"Just because I don't care, doesn't mean I don't understand." - Homer Simpson
Not saying I wouldn't trust them to do a good repair, but.. well...
The problem will be if they insist on repairing it, and it seems to be fixed for a while - possibly until after it's out of warranty - but then comes back. The only good news is that if this does happen, they cannot deny it was an inherent flaw (because the problem appeared within the first six months) so you should be able to push for a replacement even out of the actual warranty.
Try for a replacement first anyway, but don't be surprised if they say no.
"Take these three items, some WD-40, a vise grip, and a roll of duct tape. Any man worth his salt can fix almost any problem with this stuff alone." - Walt Kowalski
"Just because I don't care, doesn't mean I don't understand." - Homer Simpson
Forget the labor issues that were involved and the volume of guitars that the company has to produce. His point has to do with the way that the climate in Nashville effects the wood that Gibson uses to create their guitars.
Nashville, Tennessee gets very hot and humid (the operative word here). Kalamazoo, Michigan is dry and gets cold in the winter. When wood is stored and worked on in a very humid environment, it will sometimes contract when it's shipped to, displayed, bought, and played in a drier climate. Very arid regions are the worst. A drier climate is, on the whole, a better environment for storing and working on wood that's used on fine tuned musical instruments and later shipped elsewhere.
My tech gets lots of new and not so new Gibsons in for neck adjustments and replacements. Fretwork well before you'd think it would be needed. Cracks and openings in the bodies of the acoustics, semi hollow, and hollow body guitars.
The new neck on your guitar could end up being just fine and, if so, you're in great shape. Those are nice guitars. I've played some newer Gibsons that were stellar. My tech says it's just a matter of their products not being consistent. Considering that you don't know him or me from Adam, you can take all this with a grain of salt. I'm just passing on info that I've had an earful of over the years, lol.
On a related note, some of the workers from the original Gibson plant in Kalamazoo stuck around and formed their own company: Heritage Guitars. There are a lot of musicians who swear by their axes. No acoustics, though.
Don't know where that's coming from in that case. I do know that a friend of mine's got a mid '90s J200 that's in pretty bad shape. And he takes good care of his guitars.
i appreciate you bringing that up, Dave. I don't want to put out false information.
They were Kalamazoo beforehand - since 1896 or so when Orville Gibson was a Mandolin maker first.
The classic 40's 50's and 60's Gibson Acoustics were all made in Kalamazoo - in the same rooms they made the classic mandolins back in the teens and early 20's. Same wood shed, same stockpile.
Oh, and @gitapik - don't beat yourself up, your post is still valid. The classic Gibson Acoustics were made in Kalamazoo. It's a different climate to Bozeman. I remember the eyebrows being raised at the time when they moved there. "It's gonna change the sound, man"
I just spoke with my tech. He told me (kind of nicely) that I must have gotten him wrong. His main concerns/gripes are with the operations in Tennessee. He gets solid bodies from Nashville (that's the most prevalent) and semi-hollow/hollow body electrics from Memphis, Tennessee, as well.
He said the main reason for many of these repairs is, to his mind (I was surprised he said that), a result of the climate in Tennessee. He thinks part of the problem with all the Gibson guitars has to do with the sheer volume of what they produce, which is not a situation just limited to the Gibson company. Many of the Martins went down in quality from about the 1980s to mid 90s to 2000, as well. Prior to that they were a smaller scale operation. Very suddenly, they got MUCH bigger. Nowadays, they've righted the ship. But I see the same with Fenders. I always advise someone to try out a few before buying from these large scale operations. The quality can vary.
I think one of the factors that comes into play when it comes to Gibson is that part of their move to Tennessee was to get away from the union workers in Minnesota. Money, money, money, money. Although that was not the only reason they moved (the town wasn't supportive and their facilities needed re-tooling, from what I've heard and read), it was definitely a part of their decision and it really rubbed some people the wrong way...all over the country. But Nashville's a serious music city and more power to them for getting the Gibson name associated with them. And I hear that the workers in the plant there are into their craft.
Hoping the OP's new neck does the trick. Those really are nice guitars.