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Old 05 December 2010, 09:51   #1
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Getting full refund on rib not fit for purpose .

As most of you know, through recent posts, hadd is having problems with the hull on his seapro rib. Some of the gel coat on my seapro has come away and I am not happy with the strength of the hull.

I did not know hadd prior to joining RIBnet so was unaware of the problems he had encountered previously. We are both looking at getting a full refund on our packages as a result of the rib not being fit for purpose. As of yet we have not approached our dealer, Bill Higham Marine, as we would like to find out first where we stand legally i.e is he just obliged to keep repairing faults until the 3yr warranty runs out .

I purchased the seapro 4,70 rs for 8,000 with some extras, it's advertised as a sports rib or small dive boat, here is the link.


http://www.billhigham.co.uk/ribs.php

I know through some recent posts that BH is not well liked by some people on RIBnet but I must admit that I have only ever had good feedback from people that have had past dealings with him re engines and servicing etc. That was one of the reasons why I bought my boat off him, although I had never heard of him before. I suppose we will find out when we ask for our money back. We would appreciate any advice that anyone can give on this matter.


Many thanks ,

Steve .
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Old 05 December 2010, 09:54   #2
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have you contacted CAB?

i'm pretty sure you need to give them attempts at a repair.

with that said there is no harm trying to ask i suppose but i would think you'll get a new hull at best case scenario and they will re-use your tubes etc.

cheers
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Old 05 December 2010, 10:24   #3
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Kerny, this is a good place to start. Remember that you must be able to prove that you have been fair & reasonable. First thing to do is start a diary & log all your correspondence, calls etc. Speak softly & carry a big stick
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Old 05 December 2010, 10:49   #4
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Kerny, this is a good place to start. Remember that you must be able to prove that you have been fair & reasonable. First thing to do is start a diary & log all your correspondence, calls etc. Speak softly & carry a big stick
Spot on ,
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Old 05 December 2010, 10:49   #5
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There are two main ways to go from the dealer points of view. To find a "commercial" solution or just go by the minimum requirements of the law. Its up to the dealer how to act. Full refund would be a pretty expensive thing for the dealer so Dubrus comments are very realistic.

If you two are in it together you will have a stronger position and better possibilities for a commercial solution.

Consumer protection is bound by the directives of the EU and generally consumers have a pretty strong position, but also the dealer have a right to repair the fault. Thus its also important that You report the faults to the dealer, he has not much obligations so far as he is not aware.

Make sure You have both Your claim and dealer response on black and white, including dates of messages. If you find that dealer don't take this seriously, you need to do an independent survey of the hull, inviting the dealer to the same.

Good Luck and hope your problem can be settled smoothly !
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Old 05 December 2010, 11:11   #6
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http://www.consumerdirect.gov.uk/aft...nowyourrights/

When can I get a refund? When will I be entitled to only a repair or replacement?

If you are returning goods that are not of satisfactory quality or not as described and you inform the trader of the problem within a reasonable period of time, you may be entitled to full refund. If you have had some use from the goods or have had them for a while before you take them back you could ask for a repair or a replacement item. You, as the consumer, have the option of which solution you would like, however you must not require the trader to repair or replace the goods if this would be too costly, as compared to another remedy.
If a repair or replacement is not possible for the trader to provide, then you may be entitled to a reduction in the price of the goods to reflect the use up to that point or a refund. These remedies exist alongside the remedies available to you under the general law to terminate the contract for breach of condition and obtain a full refund.
Any remedy that is carried out by the trader must be carried to be within a reasonable time for the consumer and without causing significant inconvenience.

That suggests to me (and is consistent with my previous understanding) that as you have used the goods for some time you may not be entitled to a full refund. You are still entitled to repair, or potentially a partial refund that reflects the fact you've had it for some period. Its worth bearing in mind that whilst people here don't think the quality is great, you bought a budget boat so it would be unrealistic to expect it to have the same build quality as a premium boat. The published specs also make it quite clear that this is a lightweight boat (which should suggest that the build integrity may not be as good as heavier boats). e.g. the 470 weighs just 130 kg, when a 4.7m searider weighs almost double that, a ribcraft 4.8 and the 4.7 m humber assault are both 210 kg.


If I were BH Marine, and not feeling cash rich or overly bothered about my reputation then I'd either be offering to buy back the whole package at fair second hand value (assuming the specific defects were not present). That is likely to be 25-30% below the price he sold it to you for (for a 12 month old boat). Alternatively assuming there was no repair that you and him could agree on then I'd argue that the defect is only with the hull, and not the engine or trailer. Therefore I'd refund the cost of the hull - but then you'd need to find a suitable alternative to put the engine etc. on.


Good luck, and I hope you get a solution that works for you.
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Old 05 December 2010, 12:08   #7
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Alternatively assuming there was no repair that you and him could agree on then I'd argue that the defect is only with the hull, and not the engine or trailer. Therefore I'd refund the cost of the hull - but then you'd need to find a suitable alternative to put the engine etc. on.
This is the exact outcome that I had with another importer/dealer when I bought my first "cheaper" rib which encounterd similar problems to Hadd. At the time I managed to trade in the engine with the dealer for a "fair" price who then sold me a larger engine at near trade cost. I then went elswhere for a british built hull
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Old 05 December 2010, 12:17   #8
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Quote:
Originally Posted by Polwart View Post
That suggests to me (and is consistent with my previous understanding) that as you have used the goods for some time you may not be entitled to a full refund. You are still entitled to repair, or potentially a partial refund that reflects the fact you've had it for some period. Its worth bearing in mind that whilst people here don't think the quality is great, you bought a budget boat so it would be unrealistic to expect it to have the same build quality as a premium boat. The published specs also make it quite clear that this is a lightweight boat (which should suggest that the build integrity may not be as good as heavier boats). e.g. the 470 weighs just 130 kg, when a 4.7m searider weighs almost double that, a ribcraft 4.8 and the 4.7 m humber assault are both 210 kg.


If I were BH Marine, and not feeling cash rich or overly bothered about my reputation then I'd either be offering to buy back the whole package at fair second hand value (assuming the specific defects were not present). That is likely to be 25-30% below the price he sold it to you for (for a 12 month old boat). Alternatively assuming there was no repair that you and him could agree on then I'd argue that the defect is only with the hull, and not the engine or trailer. Therefore I'd refund the cost of the hull - but then you'd need to find a suitable alternative to put the engine etc. on.


Good luck, and I hope you get a solution that works for you.

Like you say polwart budget boats maybe, but they are not advertised as budget boats but as ribs good for safety work and diving boats like it says in your link .To a newbie buying a new boat the weight between a searider and a seapro means nothing to somebody not in the know. I think possibly advertising a rib that is not fit to do what it says is more of the way to go . What do you think ?
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Old 05 December 2010, 12:43   #9
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Quote:
Originally Posted by kerny View Post
As most of you know, through recent posts, hadd is having problems with the hull on his seapro rib. Some of the gel coat on my seapro has come away and I am not happy with the strength of the hull.

I did not know hadd prior to joining RIBnet so was unaware of the problems he had encountered previously. We are both looking at getting a full refund on our packages as a result of the rib not being fit for purpose. As of yet we have not approached our dealer, Bill Higham Marine, as we would like to find out first where we stand legally i.e is he just obliged to keep repairing faults until the 3yr warranty runs out .

I purchased the seapro 4,70 rs for 8,000 with some extras, it's advertised as a sports rib or small dive boat, here is the link.


http://www.billhigham.co.uk/ribs.php

I know through some recent posts that BH is not well liked by some people on RIBnet but I must admit that I have only ever had good feedback from people that have had past dealings with him re engines and servicing etc. That was one of the reasons why I bought my boat off him, although I had never heard of him before. I suppose we will find out when we ask for our money back. We would appreciate any advice that anyone can give on this matter.


Many thanks ,

Steve .
If the gelcoat is peeling off then it is clearly a manufacturing defect and I ain't a solicitor but I think you are entitled to a refund not a repair a REFUND. reject the goods ( the whole package) as unfit for purpose.
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Old 05 December 2010, 12:51   #10
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What if I said to BH I will keep the trailer and engine and the extras fitted and refund me the price of the rib it might be a better and fairer option to go for. Not sure if hadd agrees with this but it is another option .
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