New Sail

[hquinn]

Series of events:

February 2005 - ordered new fully battened mainsail (paid deposit) - gave old main to sailmaker as several different rigg sizes for our yacht, discussed merits on number of battens, current has 4, agreed new sail would have 5 - promised delivery early April. (several broken promises but sail eventually arrived)
When we put the new main on it was half a metre short on the luff, back to sailmaker with sail who proposed he would repair the sail and we agreed that he was entitled to do this and then we would discuss whether we would accept the sail at a price we could agree.
The sail has had half a metre added to the top and they want full payment. This also means that the battens are not equally spaced.

We would appreciate any opinions or any expert advice.

Thanks in advance.

 

[Colvic Watson]

The first point I'm afraid is that if new goods are purchased, and are faulty, never ever allow the company to repair them, always insist on a refund. Once they have repaired them, your consumer rights are affected and they have the right to continue to repair the item. However, new goods must be 'fit for the purpose they were offered for sale for'. Your new sail is not and the sailmaker should refund your deposit. He has displayed his cavalier attitude to customer service so demand your deposit back and when he refuses, politely say you are going straight to the small claims court - does he want the publicity? Careful about naming him before the action (libel laws) but when you win, you can publish the fact widely!

Make sure you have all the documents and any notes you kept, no matter how scruffy or doodled on, the court is far more interested in contemporaneous notes than 'I think he said that...'

Good luck!!!

 

[fireball]

Hey - any bartering over the cost of the sail is going to start with the seller wanting full price ... the decision the buyer has to make is that is the change to the new sail acceptable ... and if it is what to counter offer ...
adding 1/2meter to a 20m luff is not too huge (2.5%), but doing the same to a 5m sail is significant ...

I would say that you've got a strong bartering position as he had the original sail to measure and the battens are not evenly spaced now - one possibility is to add an additional batten .. to even things up, or not worry and take a huge discount ....

At the end of the day, the manufacturer has the right to try and correct any defects in build and you should not try to deny them that right, but if the finished article is not as specified, and unacceptable then you can walk away - asking for your deposit back.

 

[flaming]

Very similar subject discussed here.

Sailmaker "error"

but in summary DO NOT ACCEPT THAT SAIL!! Half a metre is an almighty error, and any sail that has been extended that much simply isn't going to cut the mustard. Note that above they're talking about a few inches! Tell the sailmaker that he must provide a new one asap, and if he refuses offer to name and shame him on this and other websites, I for one would be very interested to know what sailmaker behaves like this post sale!

 

[FlyingSpud]

Any chance of naming names?

 

[sailorman]

use a "Local" sailmaker & let him measure ther boat / rig. then his prob

 

[hquinn]

Sail is for a Dehler 34 approx 12m luff

 

[sailorman]

APPROX aint good enough is it. /forums/images/graemlins/shocked.gif

 

[tome]

Have to say that when I see the same post on several forums I begin to wonder if you do protest too much?

 

[LeonF]

If you have legal indemnity on your insurance, they can help. Bishop Skinners legal indemnity provides help in disputes over goods purchased for the boat, and two years ago a letter regarding the suitability of Agm batteries for my charging system, resulted in an immediate refund, where as my previous negotiations were being prolonged.