I guess the question the OP has to ask himself is, How much is his $5500.00 Damaged Guitar worth? Is it worth spending a few Hundred Bucks if need be? If it isnt' worth it to do what it takes to resolve the Issue then it's Case closed...
Still, you may be a Barrister & may be correct as to the technical aspects.. Sometimes it takes thinking outside the Box to achieve the outcome you desire...
Me. I do..... I've had to do it with Cars, Guitars, Amps & other things.. I'll go all the way up to the CEO of the Freakin Corp. if I have to...
I've made purchases in the UK that needed resolution.. And I did contact the Retailer & they were courteous & resolved the issue with excellent Customer Service..
Gibson is a World Co. If it were me after a hassle with the Retailer I'd go directly to Gibson Customer Service... I don't care if I lived Ethiopia! I'll go all the way to the CEO if I have to...