"not fit for purpose"

[mikemcgregor]

If you had a problem with a important unit on a boat which, because of a flawed design, it kept failing and to keep on using the boat safely you had to fork out for replacement parts, how would you go about seeking compensation?

I have already complained to the boat builder and the parts supplier without much luck so far.

Do I keep hassling them or seek compensation through the legal system? If I have to go down the legal route what would be the best way?

Thanks

 

[Philiz]

I reckon a bit more info is required here. lets assume it's a new(ish) boat for now. Like everything else, it should do what it is supposed to, so I'd start with Trading Standards.

 

[jfm]

Needs loads more info. Who is/are your contract(s) with? What is the item (so we can judge its importnace/value relative to the whole boat)? Do you have a warranty contract with the equipment maker as distinct from the boatbuilder and have you complied with its terms? Or did you buy the boat from a dealer and you have a warranty contract with the builder? Or what? Is this entirely English law or is there a non-UK law element?

I wouldn't bother with TS in a complex case like this

 

[mikemcgregor]

JFM and Philiz... pm sent.

 

[DAKA]

Take note of jfm , but for what it is worth this is what I would do.........

Get the mechanics written report.

Get a specialist report , possibly down load from internet .

Get a meteorologist report on the failed part (doesnt have to be expensive, you could post a photo on a forum).

Buy a domain name for £6 www.wellknownboatenginemanufacturer.co.uk
Start an owners club and become president which gives you the right to own the domain name, include on the site details of how to join and a link to a problem page where owners share details. This page is blank, perhaps a photo or two but its just a threat at this stage.

Present the evidence by recorded delivery and give them 3 weeks to settle or advise them that you are ready for small claims court.

Be ready for threats of claims costs (up to £5k) but they know it will be incredibly difficult for them to justify £5k costs while defending against an individual.


Speak personally to the engine manufacturers MD and boat manufacturers MD both at UK level and European level, get on first name basis with their PA.

All of the above have to be made to feel like your best mates/brothers ,
treat them as such and dont speak ill of them when they help you out, remember they want to help as they know they should and just need a little nudge in the right direction.

 

[jfm]

Ah, ok, hadn't seen other thread

1. Contract is with dealer who sold you boat. This is under spanish law; "fit for purpose" test doesn't apply as it is an english law concept. There might be something under spanish law that's similar, but I don't know what, and I'd doubt it's as generous to the customer as namby pamby english law. Being pragmatic and to save money, I'd rather buy 25 steering rams than commence litigation in Spain against a Spanish firm

2. separately you have a warranty contract with volvo. Full of small print so it is stacked in their favour and you have limited rights to argue it is unfair. You might not have fully complied with its terms, such is the smallprint. It may well operate under Spanish law or Swedish, but very unlikely to be English law. Now, we all know Volvo's strategy, which is sell engines cheap to boat builders and make money by not being generous with warranty and high spares prices. Perfectly rational model and we should all go into a boat buying deals with our eyes open on this.

3. sure you could litigate the wty contract too but again the cost will be crazy and you are better off just buying steering rams...

4. Comparisons with car safety recalls just don't hold water. Claims that someone "nearly fell out of a boat" when it jammed on full lock are initially attractive but if you really analyse them hard they are just bullshoite and will never stick. Loads of people gun their boats fast in tighht turns (if you call 30mph fast - try convincing as jury of that!), and "nearly fell out" proves exactly the opposite of what you'd like - that the passengers DO NOT fall out when volvo steering fails, so it is NOT intrinsically unsafe

5. I know this isn't what you want tohear. All just imho, feel free to ignore it, though please don't shoot messengers

6. Volvo actually aren't all that bad. They stonewall warranty claims and just say no no no. but if you put the right pressure on them they yield. someone on here had an out-of-wty D9 450 hours and it busted badly, smashed pistons, £30k rebuild needed. Volvo said no warranty. After a complex process of pressure being applied to Volvo from folks who had the levers to apply pressure, volvo did a total U turn and supplied all new parts foc and paid the volvo dealer to do a full rebuild. Total victory for the retail customer. But there was a lot of luck in terms of pieces falling into place and volvo seeing that it was better for them to concede. (I don't want to give any more detials than this, on this specific case). so if you do have a way to convince Volvo to help then do it, but being a regular ordinary joe complaining customer isn't how to do it because you just get lost in the millions of others

7. I'm not saying you can't beat volvo if you want to go for it. You are plainly right on a common sense basis that their product is questionable. but a legasl fight with a boat dealer in spain or with volvo under a wty contract will burn time and money, and when you check your diary and realise you only have 40 years left (or whatever!) you realise have to pick your battles carefully!

All imho and best of luck

 

[rafiki_]

Sorry, I don't know the relevant details here, but for me it coms down to who specified the part for your boat? Was it Volvo, or the boat manufacturer? Either way, if the part keeps failing under warranty, then it will be replaced under warranty, unless it was your responsibility for specifying the part.

At some point, whoever specced the part is going to get weary of changing it, and do a more sensible replacement.

Volvo to my knowledge have changed a number of steering arms unders warranty. There are several posters on here with this experience. In which case there is precident.

 

[mikemcgregor]

Thanks jfm.. your observtions and points are well noted.

There is a "Consumer Protection Law in Spain" which I am investigating. I understend the first step is to ask the Dealer for their complaints book (every retail outlet has by law to have a book) and fill in my complaint. They then have 10 days to respond or it moves up to the Local Government "Trading Standards" office. I am not to sure what happens after that but am as I said investigating.

Once again thanks for your helpful comments.