Originally Posted by Hightower
I don't see that the dealer would be responsible unless it was a bodged service that was to blame. I would have thought that a dealer would only offer a 1 year garantee on top of the warantee from the manufacturers. If Barrus is representing the manufacturer (Mercury), then I guess the only course or action would be to persue action with Barrus possibly though your dealer if they are a main agent.
Andy, the law is absolutely clear that the vendor/retailer is responsible for ensuring that the goods are fit for purpose and of satisfactory quality. The contract of sale is between the buyer (bruce) and the retailer (dealer) not between bruce and Barrus. How could barrus be held to a contract (whether explicit or implied) which they did not enter into.
The one possible exception is if the dealer is actually an agent for the manufacturer, (and so never owns the stock and all contracts / reciepts are clearly issued in Barrus' name, rather than the dealers)
What bruce is doing is highlighting that the SoG Act applies even after any manufacturers / dealers warranties (for 6 years in England). The question then becomes what is a realistic life of an engine (clearly the SoG Act accounts for the fact that some items are perishable). The next question is what is a reasonable remedy, given that the engine is 3.5 years old, and done 280 hours. Most people (I suspect including Bruce) would not expect a brand new engine or complete refund.
If what I expect has happened and either the mounting points have broken away from the compressor or bolts either have fallen out or not been secured correctly then I can't see how you are to blame for not looking under the hood. However it is good practice to have a look under the cowling and have a push and pull on various bit and pieces during the season just for this reson. It might help familiarise you with different areas on the engine that might need attention during a breakdown situation at sea.
Actually if the bolts worked loose the next question is - are they included for checking on the service schedule. If so it questions the quality of the servicing. If they sheared/failed then perhaps it was a faulty component (or design) and I think there is a good argument that the product was not of satisfactory quality. If it corroded then that might
be argued to be fair wear and tear, that the user/mechanic might
have spotted through routine inspection.
However Bruce has to take this up with the company that sold him the engine (or if he believes it was bad servicing with the servicing company). If he does this properly and gets inadequate remedy then he might consider a small claims case against the dealer, as its failry simple and cheap in England at this value level. If he tries that against Barrus - then Barrus' lawyers would get it chucked out as they are not liable in law.