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Old 23-02-2009, 07:31   #46

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"The color wasn't set"
From the brother of a friend, who invented a number of dyes for a major chemical major: Setting the dye properly is a manufacturing process like any other. It becomes a manufacturing defect when not done properly.
I'd guess that thread came from some bargain house in China, when someone tried to save money on components.

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Old 23-02-2009, 11:49   #47
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I don't think you have any redress against the retailer as he seems to have upheld his end of the bargain with you in his effort to "make you whole" again. I'd tend to agree with the retailer on this one. It's a warranty issue with the manufacturere of the sail covers. So it would seem that you need to get a copy of the written warranty policy of both the retailer that sold you the covers, as well as the sail cover manufacturer. Usually, the retailer will have a warranty stipulation that reads along the lines of "warranty issues are the responsibility of the manufacturer" so as to take itself out of the loop. If that is the case with this retailer (very likely) then you've likely reached the end of the road with them. Next up is the written warranty from the manufacturer. Their warranty will likely read along the lines of "they'll repair, or replace, their product due to poor workmanship - at their discretion" . If their warranty expressly states that "They are not responsible for damage caused by installation, or misuse" - then the case against them becomes a bit more difficult since it'll boil down to your word against theirs.

If it were me I'd get on the phone to the president of the cover manufacturers and start off a genuine conversation re: his partial responsibility in your eyes. I'd express that I understood that there would unlikely be full compensation for the sails forthcoming (which you must admit is fair since the sails of still of practical use, but just aesthetically displeasing) and try to get him to meet ya half way. If I were able to get half the money back - I'd consider it a wash. As you've already surmised - the cost of trying to prove negligence on the part of the manufacture would be prohibitive at the dollar amts we're talking about. Since that is the case, the best you can realistically hope for is a partial compensation. Of course you could threaten to drag their name through the mud, and it might yield the intended result. But ultimately what happens with that is the manufacturer gets together with his lawyers and has a new warranty drawn up that provides ALL future customers even less redress than exists currently - so in the end we all lose out (including you in the future).

Just my 7 cents.....

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Old 23-02-2009, 12:32   #48

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"Of course you could threaten to " Bad idea in the US, that could get you criminally prosecuted for blackmail or extortion. Better to be diplomatic when mentioning the inevitable bad publicity--they know very well what is being hinted at.
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Old 23-02-2009, 13:03   #49
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I wouls make a sign or have it painted(or whatever) on the sail saying that this sail is defective and came from ----- made by---- or however you need to do it. Everytime you put up the sail there would be the advertisement about the sail and shoddy workmanship. Bad publicity is what I would do. It would probably make it into a magazine or website. That would hurt them more than any lawsuit. I would sail in regattas and where ever I could get seen. The more the better.

Just think what they would say if they say a picture of that sail in a magazine?
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Old 23-02-2009, 16:50   #50
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Bad publicity is what I would do. It would probably make it into a magazine or website.
Without exception should you find yourself unable to resolve any dispute the posting of bad publicity about your inabilities to negotiate will not be allowed here. We will not allow others to use our good name to trash someone else just because you think you should. We won't host a fight, act as a mediator, or give you a refund. Disputes between parties need to be resolved between themselves.

Cruisers Forum is only about being helpful and we won't entertain goals not explicitly our own. We don't have to negotiate those terms - and we won't. We might let you off with a warning after we remove any such posts. We even may be nice about it the first time. It's come up many times before.

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