How can i get a dealer to take repair responsibility?

mhb100 · 27 June 2007, 21:32

Guys

I've recently posted about my transom cracking on the zodiac, but need some different advise

It looks like the Honda 90 should never have been put on the zodiac at all. It was supplied like this from a dealer from new (brand new zodiac, 2nd user (20hrs) honda 90)

I have all the orginal paperwork plus the records proving supply,etc and personal records from the distant friend who purchased from new.

This means that the transom has always been overloaded (as viewed by Zodiac) and the zodiac warrany void therefore from day 1.

The engine is 174kg and the max transom is 165kg - not alot but enough to void the warranty and no doubt has contributed to straining the transom. I know there's going to be some engineering tolerance built in, non the less it does exceed the manufacturers guidelines

How can i get the original dealer to take some responsibilty for this?

Any one got any advise or been through something similar?

Mark

Biggles · 27 June 2007, 21:39

I have had warranty issues with cracking in the past. And was pleasantly surprised to find that the dealer and boat manufacturer took full responsibility. And acted totally honourably in their dealings with me. I did think I was going to have a fight on my hands.

The bad bit though was that the repair was sub contracted and took a long time. And when the subcontractor said it was repaired I went down to pick it up and it hadn't been done. So even later it eventually got done.

So in the first instance I would say go back to the dealer and see what he has to say.

Biggles · 27 June 2007, 21:41

Just looked at your other thread. Mine was a known problem and the boat manufacturer had a modification they had fitted by the sub contractor.

Richard B · 27 June 2007, 21:45

Hi Mark,

Do I understand correctly that you bought the boat 2nd hand?

If so, then I would guess that you don't strictly have any contract of sale to fall back on, unless the warranty is transferrable upon sale.

You could ask your "distant friend" to handle the dealer issue?

Biggles · 27 June 2007, 21:46

Sorry didn't click with you being the second owner.

Hugh Jardon · 27 June 2007, 21:46

Quote:

Originally Posted by mhb100

Guys

I've recently posted about my transom cracking on the zodiac, but need some different advise

It looks like the Honda 90 should never have been put on the zodiac at all. It was supplied like this from a dealer from new (brand new zodiac, 2nd user (20hrs) honda 90)

I have all the orginal paperwork plus the records proving supply,etc and personal records from the distant friend who purchased from new.

This means that the transom has always been overloaded (as viewed by Zodiac) and the zodiac warrany void therefore from day 1.

The engine is 174kg and the max transom is 165kg - not alot but enough to void the warranty and no doubt has contributed to straining the transom. I know there's going to be some engineering tolerance built in, non the less it does exceed the manufacturers guidelines

How can i get the original dealer to take some responsibilty for this?

Any one got any advise or been through something similar?

Mark

i would say get an independant survey done on it, there are a couple of chaps on here that do these, then see if you can get backing that it is not fit for purpose, then write to them both setting out your plans to take them to the small claims court if they dont cooporate and put things right

if the dealer fitted it like that he wants his ass kicked as it is a very poor job in my humble opinion. he should never have fitted that engine to that boat and certainly not the way he has. threaten to name and shame as that may get his attention as well.

go for it

Tims Osprey · 27 June 2007, 22:09

Quote:

Originally Posted by Richard B

Hi Mark,

Do I understand correctly that you bought the boat 2nd hand?

If so, then I would guess that you don't strictly have any contract of sale to fall back on, unless the warranty is transferrable upon sale.

You could ask your "distant friend" to handle the dealer issue?

Mark, This is the problem, also even if you can get your friend to deal with the dealer for you, so to speak, you will have a job proofing that any damage happened within the warranty period, how many years does zodiac warranty there ribs? how old is yours? also lots of other similar size craft including zodiacs have been fitted with Honda 90's with no problems, good luck.

Tims Osprey · 27 June 2007, 22:25

By the way Mark, it will be interesting to find out if a dealer did originally fit that engine and bolts in the way that its done? looks like a scratch the head Diy job to me?

mhb100 · 27 June 2007, 22:28

Hi Tim

Yep its out of warranty and Zodiac position is that the issue lies with the installation,so the supplying dealer.

My issue is not with Zodiac (although they have done a poor job with the transom design putting a hollow box section on the top of the transom!) but with the dealer for over stressing the transom through this installation

I have asked the dealer for comments - you never know they may be able to offer information to the contrary at time of installation - so they installed in good faith - but as professionals I cant quite see this given the responses from other forum members about the 'poor' installation job

Cheers
Mark

Tims Osprey · 27 June 2007, 22:44

Uum yer, i wouldn't worry yourself too much over it, with a small amount of work and a stainless steel transom plate it should be better than ever, i nearly bought a pro open with a 90 rude on the back but decided to stick with osprey, i like the pro open though much better hull than the pro.

Biggles · 27 June 2007, 22:52

Yeh I think the Stainless plate is the route to go down if your going to struggle with the warranty side. Why not ask on here if someone is prepared to do the work for you at a reasonable price.
I don't see the gel coat being a major problem to seal but I don't think MR average has the capability of bending stainless steel and drilling it is a complete nightmare. Been there done that. Therefore you need some outside help.

mhb100 · 27 June 2007, 23:02

Yep, agreed and will do a post soon but....

the Zodiac has a sealed transom so you can only put a plate on the outside - the only access to the bilge is limited so i could only put some plates about 6" on each bolt hole inside - does that still make a plate a viable option?

Mark

Tims Osprey · 27 June 2007, 23:10

Yes of coarse, you have it made up to fit the back and the front immaterial of what the difference is between the two.

Biggles · 27 June 2007, 23:17

Because of your problem make the side you can get access to, the side with the absolute maximum stainless steel. This will spread the forces better.

And if its thick stainless steel. So much the better.

bedajim · 28 June 2007, 04:47

Post some pics of inside and out of the transom

Hightower · 28 June 2007, 05:43

Another angle.

Where do you stand with insurance companys if your transom fails suddenly in stormy weather or blatting along in the calm and hitting a wake from a container ship that launches your RIB into the air and breaks the transom on landing (like happened to me).

If you just repair and make good the transom and the above happens, you wouldn't have a leg to stand on with a CE plate showing 165 kg's and the engine plate showing 174 kg's. Would be a big problem if someone got hurt.

fast fred · 28 June 2007, 11:10

Aluminum plate be better than Stainless, the Alu' would spread the load better.
Responsibility lies with you on a used hull. for all you Know the first owner ordered the hull with that motor.

bedajim · 28 June 2007, 12:05

Quote:

Originally Posted by fast fred

Aluminum plate be better than Stainless, the Alu' would spread the load better.
Responsibility lies with you on a used hull. for all you Know the first owner ordered the hull with that motor.

You sure about the aluminum and stainless

Stoo · 28 June 2007, 12:35

Quote:

Originally Posted by fast fred

Responsibility lies with you on a used hull. for all you Know the first owner ordered the hull with that motor.

Unfortunately, I think Fred sums this predicament up nicely. When you buy a used boat, it is your responsibility to insure that the boat is sound... by investing in a proper survey if you're smart. It seems that this engine mounting issue would have been instantly identified as a problem.

As for the steel plate, my Hurricane came equipped with an aluminum plate reinforcement. It seems very strong... and looks cool too!

Hightower · 28 June 2007, 12:43

For a given weight Alloy is much stiffer than Stainless and would be much cheaper and easier to cut/drill.