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Old 24-05-2015, 20:46   #46
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Re: 10 hours at sea after handover major problems

I'm not usually one to call for lawyering up but a 50' boat is at least a half million (likely upwards of a million), so employing a lawyer is probably a good first step to set yourself up if the manufacturer doesn't make it right.

Realistically, you will need to go thru the warrantee process. This is what it is for. What you don't have to do is accept less than like new results.
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Old 24-05-2015, 22:25   #47
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Re: 10 hours at sea after handover major problems

Ann has a good point about being satisfied... You aren't now so very doubtful with "warranty" repair... A lot of what if's to be solved equitably.
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Old 24-05-2015, 22:37   #48
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Re: 10 hours at sea after handover major problems

What a terrible situation. I hope this works out for you.
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Old 25-05-2015, 00:30   #49
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Re: 10 hours at sea after handover major problems

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Originally Posted by kryg View Post
It is a great shame both for your dream and manufactures reputation, there could be a number of parties involved to a claim - meaning supplier of the fiber glass products could be at fault and as well as workmanship.

Bottom line, the manufacture should be insured. Return the boat asks for a replacement on major structural faults. First if possible I would go to the yacht designer and notify them of the faults. As they receive royalties for each boat build of their design they have a lot to lose if a faulty product has their name on it.

IN TURN THE Yacht designers will hold manufactures to a count as it is their reputation and name on the design (This places more presure on the manufacture for a quick solution) As the designer could cancel the manufactures build contract in most cases. I would consult with the designer and establish if the boat is a hazard to life or not on the open ocean in all weather sailing if it is the case then.....

Cheaper then and faster way for a positive solution then using lawyer.

Take the designer assessment to the manufacture and demand a new boat replacement if it is structural or repair if it is superficial gel coat issue and non structural fault.

Be prepared in case you hit a warrantee road block by first hiring a capable Public Relations person that writes boating articles for a living they are ex journalists. Pay them to write up a draft article ready to send to the media with both the boat designers and manufactures names included as well as your experience in dealing trying to hold the manufacture to rectify the problem.

Flag the draft article in front of the manufactures management faces. (Never leave a copy) limit them to 24 hrs to think of an agreeable solution for a problem not of your making.

At this point you should be offered a solution to the problem you’re experiencing on no account should you accept a rebuild if it is a structural problem as your surveyor seems to think. Only a new boat replacement will do.

Why? A repair of the manufactures bad workmanship could remove the warranty responsibility on the original build. The rebuild will change your claim. You could find yourself in for a very unhappy ring around the rosy time messy time of blames and no one responsible. Plus you will suffer a significant devaluation of your boats value because of a structural repair.

If it is a building materials are at fault, it is not your problem, the manufacture can claim recompense from the suppler not you..

If they will not honor their warrantee, remember to go hard no quarter should be given to the manufactures. Push the PR side for all you got on line social media like this is a great leaver to bend them for a resolution.

Build your case with care then you have a far better chance of getting the result you seek.

My hope is you don't have to resort to my suggestions. However my life experence tells me you need to know your options,as using lawyers should be the very last resort.

Best of luck,

Kryg S.V. Skoiern IV
+1

You really need to consult the designer. He spent thousands of hours designing his wonderful creation and will not be happy with its crappy construction.
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Old 25-05-2015, 00:45   #50
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Re: 10 hours at sea after handover major problems

The source and nature of vibration noise is important, as other posters have commented: Rig? Engine/shaft? What?

Contrary to popular belief, bigger is not [necessarily or even often!] stronger. Bigger boats have to be concomitantly more strongly built to take the extra stress loadings leverage and surface area confer. They often are not. Be conscious of that.

And… as another poster mentioned: bulkheads NEVER have to "settle in"!!!!!!! If a bulkhead is MOVING it is a sign of a SERIOUS issue. Try and find out if anything happened in the history of this boat (so, during shipping and delivery) which may have compromised its structure. You have not had a structural survey prior to purchase. Get one now. It will help to arm you for your upcoming fight with the manufacturers. I will not comment on the legal side as I am not qualified to do so, but there seems quite a lot of good advice already on this thread.

Finally: I am very sorry for your disappointment, stress, and worry. Dreadful.
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Old 25-05-2015, 01:45   #51
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Re: 10 hours at sea after handover major problems

If it was the broker or manufacturer who said the bulkheads "need to settle in".... You need a lawyer to get you out of this mess.
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Old 25-05-2015, 02:10   #52
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Re: 10 hours at sea after handover major problems

Now I see why so many of you buy used boats. If they have that much to spend on a boat they could buy something 2 years old and have it all refit in 30 days and go sailing.

I vote for money back or a no holds barred fight against them. Then a different boat (used lightly)manufacturer with refit.
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Old 25-05-2015, 02:32   #53
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Re: 10 hours at sea after handover major problems

Just love to see some nice photos of your ship ( Tub).
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Old 25-05-2015, 05:48   #54
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Re: 10 hours at sea after handover major problems

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Now I see why so many of you buy used boats. If they have that much to spend on a boat they could buy something 2 years old and have it all refit in 30 days and go sailing.

I vote for money back or a no holds barred fight against them. Then a different boat (used lightly)manufacturer with refit.
Well, two years is still pretty new. A lot of people choose, wisely IMHO, to buy closer to the shallow end of the depreciation curve. 10, 15 or 20 years old, or more. And buy HIGH quality. Because at that age, provided careful, (I spent around 4 days carrying out a personal survey of my boat before purchase!) you can get far more bang for your buck. Plus older boats often come loaded with kit which otherwise costs a fortune. Anyhow, I wish the OP the best of luck, and yes, photos would be very useful. Just details if you don't want to reveal much… Will certainly enable better analysis. Though nothing will replace the first hand you will get from a proper survey, which is what I recommend.
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Old 25-05-2015, 05:52   #55
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Re: 10 hours at sea after handover major problems

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Now I see why so many of you buy used boats. If they have that much to spend on a boat they could buy something 2 years old and have it all refit in 30 days and go sailing.

.
I don't want to pile on the OP's issue (spilt milk and all that).

But this is why I chuckle when people say they are buying new boats because they don't want to deal with someone elses problems.

I know of 3 boats where owners were without thier NEW boats for in excess of 3 months in the first year of ownership due to warranty issues. And these were decent name brands. Sure the repairs were covered but they lost control of the schedule because the warranty only says it must be fixed not how quickly or by whom.
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Old 25-05-2015, 07:20   #56
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Re: 10 hours at sea after handover major problems

I've mostly purchased used things throughout my life, including my home/office building which is 150 years old... I'm only the third owner. And I've always expected with used items, that a certain amount of repair work would be required... Usually in the form of my own sweat equity.

But....

I feel that when one buys a new boat or home, there's an expectation that the purchase will fulfill the use for which its intended for and not begin falling apart with a few hours. So I don't think it's appropriate to "pile on" the OP. It's very easy to buy into all the boat show hype. I'm sure his or her expectations were that everything would be as promised regarding their purchase.

Ken
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Old 25-05-2015, 07:24   #57
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Re: 10 hours at sea after handover major problems

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I've mostly purchased used things throughout my life, including my home/office building which is 150 years old... I'm only the third owner. And I've always expected with used items, that a certain amount of repair work would be required... Usually in the form of my own sweat equity.

But....

I feel that when one buys a new boat or home, there's an expectation that the purchase will fulfill the use for which its intended for and not begin falling apart with a few hours. So I don't think it's appropriate to "pile on" the OP. It's very easy to buy into all the boat show hype. I'm sure his or her expectations were that everything would be as promised regarding their purchase.

Ken
Ken,

Wholeheartedly agree. I hope I did not come across like that. Please OP, do not consider my words on the "old boats" thing as rebukes. Was in no way intended that way. Some people hate the feeling of other people having "used" their beloved boat or house or whatever, and I have no issue with that feeling, and absolutely agree that the OP has been given, it would seem, a raw deal which no doubt they in no way deserved. It is, by the sounds of it, extremely unfair and must be dreadfully dispiriting and disappoinging and they have my absolute sympathy!
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Old 25-05-2015, 07:30   #58
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Re: 10 hours at sea after handover major problems

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Snowdrop, if you really want them to give you a new one, you're going to need a lawyer.

It seems you would need to feel content that the boat could be prepared to as good as, or better than, new condition if you were to accept the manufacturer's offer. The question (I think) to ask yourself is "could I ever be happy with this boat--or this type of boat, given what I know now?"

Sorry for your troubles,

Ann
Ditto that - I would never be able to trust that boat (and probably that make) ever again in life!!

I would not expect to need a survey on a brand new boat - after all, it's a brand new, in warranty boat.

Seems to me that since there's reasonable evidence of serious structural defects, this will at best take some considerable time to correct, and unless the manufacturer can find a way of convincing a court to make you wait that time, they should be considering either a refund, or a new boat.

Take lots of pictures, make copious and detailed notes, and make reference to 'bad press' in your negotiations.

Good luck!
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Old 25-05-2015, 07:37   #59
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Re: 10 hours at sea after handover major problems

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I would not expect to need a survey on a brand new boat - after all, it's a brand new, in warranty boat.
A survey of a new boat is even more critical than a used boat IMO. And no one should every buy an expensive used boat without a complete survey. People make boats. People make mistakes. Therefore it is inevitable that some new boats will have mistakes. It is much less expensive to find these mistakes before you leave the dealer. So yes, a survey on a new boat should be expected. And the dealer should welcome the surveyor with open arms. If not, then that's another problem.
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Old 25-05-2015, 07:40   #60
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Re: 10 hours at sea after handover major problems

New boats always have inherent kinks to work out, hopefully nothing as big as this instance, I am with the others, I would press hard for another different vessel. I'll stick with my old boat and albeit a pain because of the extensive refit I am involved in, when I am done, I will know every nut, bolt & system, intimately. I hope things work out for the best for you, sorry about your problems, I am sure this is not what you had in mind when you purchased the vessel.
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