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Old 05 November 2002, 10:55   #1
Ben
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Viking and Narwhal Ribs

Bit of a newbie here but was wondering if anyone had any experience of the above companies.
My first Rib is now three months old and has got defects in that the gel coat has blistered and I am having big problems getting it sorted out. Supplier blaming the manufacturer, based in Spain.
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Old 05 November 2002, 14:12   #2
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If you bought the boat new, its the suppliers problem as the sales contract is between you and them,and not the manufacturer in Spain, I would give them hell, as Ribs are not cheap.....
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Old 05 November 2002, 14:56   #3
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Absolutely - the contract is with the retailer not the manufacturer. If he won't do the honourable thing then you may need to sue to enforce your rights but you will need a independent witness as to the problem and its cause. Someone on here will surely know an expert who you could use IF it comes to that - but don't let it rest - best of luck with it!
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Old 05 November 2002, 16:37   #4
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Here's a thought..you walk in to B & Q, purchase a Black and Decker drill and after a month the damned thing packs up. You take it back to B & Q don't you?? I would get a surveyor to verify the problem, write a short report and present it to the company who supplied the rib to you. The onus is on THEM to sort you out and then they can take it up with the supplier or whoever else they need to. A small word of cautionary advice, be civil and polite, yet firm.
oh yes, and Good luck!
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Old 06 November 2002, 01:09   #5
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How true Charles. It comes under the 'Sale of Goods' Act. Any item must be 'fit for the purpose'. Clearly the boat is not. The law is VERY clear here. Your contract is with the SUPPLIER. A telephone call to your local Trading Standards Department should help.

Best of luck.

Keith (go get 'em kid) Hart
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Old 06 November 2002, 06:50   #6
Ben
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Thanks for the advice, have now had to instruct solicitors because they have!

Sounds like it will be fun. Trading standards are interested as well, they were very helpful which makes a change. Issue with Sales of Goods act is that the defect has only become apparent after 3 months and it now needs to be argued that the problem has been present since manufacture.

I will keep you posted.
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Old 06 November 2002, 13:26   #7
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Nothing I can add to the above - just wishing you more power to your elbow and the very best of luck - we're all rootin' for ya!
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Old 06 November 2002, 13:38   #8
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If it fails in court I know some shady characters. (Well I do associate with Hart!!).
Bill.
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Old 06 November 2002, 13:39   #9
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U need that report to say what the fault actually is. Whether the fault was evident at time of purchase is not an issue - by their nature faults come to light after purchase, thats what guarantees and sale of goods act rights are for!
Trading Standards may be interested but this is not criminal law that they can enforce, but civil law in which they can just advise.
If you bought on finance your position is better in that the finance company have equal liability (just as if you had bought the product from them) so write to them, tell them the problem and ak them what they are going to do about it, but dont let them tell you its nowt to do with them.
Shame that solicitors are now involved on both sides of a transaction that was supposed to result in pleasure and leisure
- someone's going to have to pay them!
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Old 06 November 2002, 15:53   #10
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Ben

I would try to avoid instructing solicitors if at all possible. I suggest that you issue a claim in the County Court (aka small claims court). It's not difficult, and you can get all the forms from the Court Service web site

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Old 07 November 2002, 09:21   #11
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Hull defects

Ben,

If you would like an independant report and can email or send me some photos of the defects, i will write you a full report,
Pro-Sport laminators are all Llyods approved and we would be more than happy to help.

dont be afraid of any charges , as there will not be any
more than happy to do it for fee myself

Kind Regards

Jason
PRO-SPORT RIBS
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Old 07 November 2002, 10:10   #12
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Ben

As you may know or not we sell RIBs too. We cover the RIBs with 8 year guarantee (hull and tubes). The RIBs are manufactured and are set up in Safrica and then they are shipping into the UK, Greece or Cyprus.
If during transit a RIB gets damaged is our obligation to put it right free of charge.
If also during the 8 years there is a defect either on the pontoons or the hull is us again who has to put it right free of charge.
I think you should go back to these clouns and tell them that is your rights to DEMAND for them to put the RIB right or you report them to the consumer association.
I don't think you need a hull survey done to protect your consumer rights which says if I'm right that, the product purchased should be fit for the intended purpose of use. Also I think you have a 12 month unconditional guarantee in force irrespective if the supplier gives one or not.
You just bought the RIB (3 months OLD???) How long was the guarantee one day??
GOOD LUCK I think you'll need it
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Old 07 November 2002, 10:27   #13
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Thanks for all the replies.
I have instructed a solicitor recommended by RI and he is mid negotiation with the supplier. He is very knowledgable and has helped me immensly. Essentially, after taking forever to inspect the boat, it was decided that the boat would need to be returned to Narwhal for inspection in Spain. I was uneasy about handing my boat back to leave the country. Two engineers have confirmed that the gel coat was incorrectly mixed during the manufacturing process which has caused blistering on all of the hull and rendered it not economical for repair.
Today, Viking have finally offered a replacement hull. However, the sting is that I have incurred legal costs, surveying costs, storage costs in a yard and have been without the boat for 7 weeks. Additionally, the console is rivetted and grip filled to the hull and is impossible to remove. So as it stands I will need to purchase a new console as well. It amazes me that I got nowhere and then a solicitor's letter provokes a response!!
I guess that I will have to pursue the Uk supplier through the small claims court for the balance. I have lost all confidence and will sell the hull if/when the matter is resolved. This was my very first venture into boating and has left me with a sour taste.

Incidentally I have found Cougar/Solent Honda at Warsash who are storing the RIB to be nothing short of excellent with help on this matter.

Will keep you updated and it is nice to know that so many of you are willing to help/advise.
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Old 07 November 2002, 15:44   #14
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Quote:
Originally posted by Ben
Today, Viking have finally offered a replacement hull. However, the sting is that I have incurred legal costs, surveying costs, storage costs in a yard and have been without the boat for 7 weeks. Additionally, the console is rivetted and grip filled to the hull and is impossible to remove. So as it stands I will need to purchase a new console as well
OK, So Viking have effectively admitted liability. If they had done the decent thing and sorted out your problem swiftly there would be no further expense. However I can see no reason why you should be out of pocket, so go for the rest of what is due.

Your solicitor may have his own ideas, but I would write to Viking explaining your claim and giving them notice that if full payment is not received within 7 days you will commence action against them in the County Court.

Good luck!
John
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Old 07 November 2002, 17:21   #15
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If that is the consol sold to you with the boat there is no way that you should be paying for another one, they should be putting you back to the situation when you bought the boat in the first place. Ok things do go wrong with the best of products but when one does go wrong then it needs sorting out. I had a Danish Morebas hard boat 30 years ago that developed gelcoat cracks due to incorrect mixing(too much catalyst) - no probs the retailer replaced it within days - mind you they knew what the day job was!
Do not let them get away with it!
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Old 13 November 2002, 08:33   #16
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I am meeting with the supplier on Friday am to have a meeting to discuss the matter so will let you know the outcome
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Old 13 November 2002, 13:33   #17
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Lots of mention of guarantees on this thread. My question is what should you expect in the way of hull guarantee? With the large variety of manufactures within our member community it would be interesting to hear what different manufacturers offer.

To be honest it was not one of the questions at the front of my mind when I bought mine………better go and check !!


SEE NEW THREAD THAT I HAVE STARTED
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Old 29 November 2002, 08:13   #18
Ben
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have, finally, resolved the matter.

I am getting a new hull with the equipment transferred from the old boat at their cost. They are also paying the storage costs whilst it has been at Warsash.

Basically I am back where I started but haven't had my boat to use since Sept 15th and have had a lot of grief over it. So be warned everyone- check the retailers/manufacturers policy on warranty claims when you purchase a boat. Also, Hampshire Council trading standards have been great help and i would now go to them before instructing solicitors in future.

Have bought a Coastline 6.5m 130hp (ex Honda 4 stroke series media boat) in the meantime so if anyone wants a very cheap brand new Dark Blue Narwhal 4.5m, let me know.
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Old 01 December 2002, 13:59   #19
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Yep I could be interested for my son - send me an email to alan.mckewan@talk21.com
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Old 01 December 2002, 15:50   #20
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Alan, want to adopt a new son? My parents won't buy me a boat, hence me buying a SIB off you

Good to hear you've resolved the matter mostly in your favour Ben.

Matt
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