I have a flute that was only made from 1990-2000, it is a yamaha student model that I have been using for the 7 years of playing flute (I am 15 now :) ). The pads were busted on it and there were numerous dents on it from a neighbor of mine who gave it to me. I did not pay any money for the flute and have not yet paid for the repair, but when I called the store today they could not find it in the computer system and it was not in the store. Would I still be able to get money from the music store for my lost instrument so I can get a different one? Are they liable for their fault even without a contract?