Do I have a leg to stand on.......

[hatt11]

Hi everyone,

Some of you may have followed my previous posts with regards my boat and the ongoing trouble I have had with the attatchment of the tubes and the eventual failures!

I have decided to bite the bullet and go for a retube. I contacted Chris at Henshaws who has just been so helpful in assisting me in finding a cost effective solution to my problem, so my biggest thanks to him and his staff.

Further to this it has now been bought to my attention that the boat doesnt carry a CE marking with regards it being fit for purpose and so im getting ready to light the bonfire!!

I have been thinking today surely although I didnt buy this boat directly from the manufacturer it was sold to me as a new boat that just wasnt fitted with an engine and had never seen the sea. I do have the original invoice and it was from Robinson Marine in Southampton. I have contacted Jack Bowran at Gemini Industries with regards this and he claims he doesnt sell boats and has been in Belgium for the last 20 years despite having a website that is selling boats to the UK market. He is claiming that he just supplied the tubes to Robinson Marine and that they constructed the hull, (despite it being exactly the same hull as shown on the Gemini Indutries web site)

Now I am really not clued up on how to deal with these situations and maybe you guys have had some past experience, but do I have a leg to stand on in approaching Robinson Marine with regards a boat being manufactured and sold not bearing a CE mark although I was not the original purchaser. It turns out the original purchase was made 3.5 years ago now surely a new boat should carry some sort of warranty?

Obviously I am going to go ahead and have a retube but have plenty of photos and documentation with regards the tube failure so if needed could be refered to. Obviously my concern is with regards the boat now not carrying a CE mark.

Sorry for the long winded intro, but would really like some sound advice with regards this as it has cost me a small fortune so far.

Luke

[neilda]

You're not the original purchaser (this could be problematic, do warranties always transfer, was their paperwork transferring any warranty?), the original purchase was 3.5 years ago - what is the normal warranty period on this boat/hull?

It sounds like it would be an awkward case to get any legal traction on.

However the vendor has sold you something that is not as it should be, the first port of call will be him. Perhaps through Trading Standards?

[Polwart]

Luke - as I understand it legal responsibility for CE marking lies with the person introducing the boat onto the market, i.e. Robson Marine. You have no contract with Robson Marine; therefore no real option for come back against them. However Robson Marine may be willing to discuss it, especially if they thought the consequence of not dealing with your concerns was a visit from trading standards .

However what do you want as the satisfactory outcome? You almost certainly won't get your money back. You might get a bit of paper for CE certification purposes - but it will probably be meaningless (some people argue even the most reputable company's one is pretty worthless).

Your issue will be if you try to sell it, and people realise the paperwork isn't right. But, not meaning to be rude, but if people realise its got gemini "pedigree" thats not going to help you sell it anyway!

[hatt11]

Originally Posted by Polwart

However what do you want as the satisfactory outcome? You almost certainly won't get your money back. You might get a bit of paper for CE certification purposes - but it will probably be meaningless (some people argue even the most reputable company's one is pretty worthless).

Ultimately I just want a boat that I can be happy with and use confidentally and Im sure Henshaws are going to manage just that.

However when I purchased the boat it had never seen the sea and for it to basically fall apart within 2 years of seeing water is not good. Still as you say me not being the original purchaser I probably dont have a come back but am considering persuing either directly or via trading standards and see what they come up with!

Thanks for your comments,

Luke

[Nos4r2]

Originally Posted by hatt11

Ultimately I just want a boat that I can be happy with and use confidentally and Im sure Henshaws are going to manage just that.

However when I purchased the boat it had never seen the sea and for it to basically fall apart within 2 years of seeing water is not good. Still as you say me not being the original purchaser I probably dont have a come back but am considering persuing either directly or via trading standards and see what they come up with!

Thanks for your comments,

Luke

It's not one of those appaling plywood ribs from the Gemini site is it?

[hatt11]

I havent come accross any wood yet! To be fair the hull is very sound.

[Polwart]

Originally Posted by hatt11

Ultimately I just want a boat that I can be happy with and use confidentally and Im sure Henshaws are going to manage just that.

However when I purchased the boat it had never seen the sea and for it to basically fall apart within 2 years of seeing water is not good. Still as you say me not being the original purchaser I probably dont have a come back but am considering persuing either directly or via trading standards and see what they come up with!

Thanks for your comments,

Luke

So an individual bought it and never put it in the water?

[hatt11]

yes he was made redundant and didnt have the funds to fit an engine hence I thought I was getting a bargain of a new boat!! How Naieve!

[Downhilldai]

Dare I ask how much you paid for it?

[Pete7]

Luke, more bad news I am afraid, from Boatmad:

http://boatmad.com/forum/showthread....obinson+marine

Pete