Duff tender options

Got any photos to post here?

Despite the oversized engine, no rig should break as you describe. There must be some safety margin built into the construction.

I would go gunning for them.
 
Is it the pack or the sperate items. I am just saying that if the engine broke the boat then it is not the boat makers problem, you problem is with the people who sold it in the pack then but they might say something else.
 
Absolutely! The point is that the package is now unusable. My potential dispute is with the dealer, as he supplied a complete package - had I fitted the engine myself to a hull he supplied, I accept I would be up a creek without a tender.

The point is that he is trying to hide behind the boat manufacturer.
 
They try this on all the time. I had a do with Makro a few weeks ago. They insisted, that they were not normal retailers and the law did not cover them. Trading standards had other views and are well aware of there practices. As it happens, I have not persued that one. But even there supliers were disgusted with them.

Look into the SCC option. I've been there afew times. It's quite easy.
 
LehroyH , No profile we don,t know Him.
On the other hand we know Wiggo has a history on here and boat experience.
Profiles a bit thin though Wiggo!
Survey needed to establish 1. the boats capabilities
2. the build quality
3. "fit for the use intended"
 
Strange how you always clock these new posters. Bit of a coincidence me thinks... /forums/images/graemlins/wink.gif


Anyway, a call to the local Trading Standards Office would also be a good move.
They are very helpful and keen to advise on your statutory rights under the sale of goods act as mentioned.
 
How about writing an article on the hull condition for publication by IPC, with photo's etc? Or reporting a near miss to the MAIB? They've already investigated one RIB which broke up recently.
 
oh dear - I am still going to agree with all you have posted on this thread though.... /forums/images/graemlins/laugh.gif

dealer has got himself in a fix - what you have to decide is whether you believe he will come round to a solution (provide you with a replacement or alternative - agreed between you deal) or whether he won't.

If he wont then advise him in writing that if he won't do the above within a reasonable period, say 2 weeks, you will instruct a formal report on the tender to accompany your submission to the SSC and that you would expect to recover the cost of that report in addition to a complete refund of monies paid for the unit.

this leaves him to consider the equation -

(money paid + survey cost + SSC costs - SH OB + bust tender)

and compare it to

(profit on existing sale + trade price on alternative tender + re rigging OB - bust tender)


Whilst you are experienced with small high powered tenders (and water pistols come to think about it) fitting a 15hp for someone new to boating could have had far worse implications for him and his business so I would hope he doesn't do it again. I am assuming that he didn't do it with the tacit agreement of Bombard from what is presented above - that would be completely different thing. You cannot prevent individuals deciding what they will stick on the transom but you should reasonably be able to rely on dealers and manufacturers.

Finally I would be very concerned about buying a Bombard product from the above evidence however as much of that concern would be based on their apparant reluctance to replace a failed hull I would want to be sure they had actually been put in a position to do so by the dealer. It's not as if the transom or transom to hull fitting has failed fcs - the damm hull gave up and died after a few weeks. As a manufacturer I would resolve first and ask questions afterwards!

All the best and keep the world informed!
 
I've just overpowered a RIB, and in doing so I accept it invalidates any warranty on it. When I spoke to suppliers they all said they would supply me with an overpowered RIB, but would not reccommend one or accept any liability. I think it comes down to whether you can prove that the dealer reccommended it, which in practice usually means do you have something in writing?

Is that RIB the single skin fold up job? If so how did he attach a console? From memory it has a moulded polyester hull which is never going to be suitable for continuous high speed use.
 
[ QUOTE ]
I think it comes down to whether you can prove that the dealer reccommended it, which in practice usually means do you have something in writing?


[/ QUOTE ]

Turning it completely around I think that supplying and fitting an engine which you (the dealer) have modified without a request to do so in writing from the customer would be enough..........
 
Yes, but he had a request of sorts didn't he, in that Wiggo asked for a faster boat and they both knew what was being done. You might have trouble convincing a small claims court that the dealer wasted time modifying an engine with no request from the purchaser.
 
I have been through the small claims court several times on both sides and found it very good, ie I won. It is also cheap, from your point of view. Even a mention of 'small claims court' is often enough to get a result.

The problem can be that you get a favourable judgement but no one seems able to extract the necessary from the opposition. This won't be the case with a reputable dealership that wants to keep trading.

Don't discuss any more.

Make sure you can get a favourable independent expert analysis of the fault, i.e. not one that says you overcooked it.

Tell him you intend to get a survey and go to the SCC, if you don't get a settlement within x days.
Make clear that your claim will include expenses for your losses, travel, correspondence, inconvenience etc, and, most expensive, the survey. He will know that he will have to pay the court fee also if he loses. He can use a solicitor in court, but not charge for him, I think. (Check this)

He then has the choice of settling or risking all the other expenses if he loses.

Make sure that he can't counterclaim if he wins. SCC can tell you all this.

Unless he is very confident, my guess is that he will settle before it gets to court, but it's up to you to decide if you can make the case, and remember, it is heard informally before an arbitrator, who may be sympathetic as long as he can be made to understand the situation.
 
Haydn
Interesting how different people have different experiences.
In fact, I would praise Makro.
Last year, we had a TV go wrong after about 11 months.
They refunded the price in full without a quibble.
I have nothing to do with Makro - just thought - credit where credits due.

Mike
 
Hmmm. This is tricky. I'd go for the repair option rahter than rejection on this one, becuase the risk of you losing in court is too high to justify the litigation effort, imo.

The small claims limit is £5k, so you might be into large courts... I dunno?

You almost certianly have no warranty claim against the RIB manufacturer (with whom you do have a direct contract, btw)

Remeebr much of the dealer/you interaction was discussion not written. So let's just forget what actually happened, and let's set out how it will appear before the court...

Dealer will say (a) customer chose the boat/outboard combo. The engine and boat in isolation were fit for purpose and merchantable quality. But customer is experienced knowlegabvle boater and he specced this non-standard combo. It only bust cos overpowered. The dealer only bolted the ill-mathced engine/boat together on the customer's instructions. Heck, anyone can see the website and engine plate and it says 10hp, m'lud. (b) customer knew on delivery it was derestricted to 15hp and therefore fully 50% overpowered. He was on notice as to the fact the boat was not fit to have a 15hp motor and thus this whole venture was at his own risk, he has no relief via the courts therefore. And we have sold 10,000 of these Ribs with 10hp and none has bust. Bla bla....

I'm not at all saying a&b are a correct statement of the exact discussions. but they will be the dealer's defence and you're the plaintiff here. He has the money and you want it, so you'll have the onus to prove on balance of probability that a&b are worng. And you probably can't do that

So. imho, you have to be realistic. Better to have it repaired.
 
It may well be that its the console that has caused the problem. In use without the console all the load is taken on the tubes, either directly by sitting on them, or by supporting either end of the bench seat. This load will then be transfered to the hull at the point where the tubes are bonded which will distribute it pretty evenly over a large part of the hull. With the console fitted all the load is taken by the thin plastic hull, the tubes are basically doing nothing. Is there any relation between the cracks and the position of the console? Have you asked the manufacturer whether they prohibit fitting of consoles to this particular RIB. In any event I wouldn't want to do 30 mph on a RIB with the console stuck on with sikkaflex only
 
The splits through the hull are an inch or two aft of the front edge of the console - I am coming to the conclusion that the hull was unable to flex due to a rigid console, and it hinged rather than flexed around the front of the console. I will check tomorrow with Bombard if this rib can take a console.
 
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