Damage to the Boat - And it Hasn't Even Been in the Water Yet!

[Sandi_k]

Grrr.

We got the cockpit cover shipped to us this past week, since the dealer erred and had it stowed in the shop instead of the boat. Received it on Friday, got home late Friday night.

So yesterday we go to the boat, begin to climb up the stern, and see that there is a discoloration under the hull, near the trailer. Upon closer inspection, there is a chunk of the gelcoat missing. About 1" square.

We crawl under the trailer, and realize there's a second chunk missing on the left side too, on the actual underside of the hull. Neither were apparent when we took delivery last week, but the positioning is pretty clear - looks like forklift damage that gouged the gelcoat. We suspect the large piece on the right side fell off during trailering, after being damaged at the shop. And that's why we didn't see it when we did the walkaround in SoCal.

I suspect that the trailer company removed the boat from the trailer in order to correct the error with the trailer not having a swingaway tongue - and damaged the boat as a result.

D*mmit. We've took pics and sent them to a fiberglass/gelcoat repair shop in Sacramento - we talked to the guy at length at the March boatshow.

How expensive is this likely to be? I'm assuming that it would be the height of wrong to put the boat in the water until this is actually repaired, right?

 

[Silverbullet555]

Re: Damage to the Boat - And it Hasn't Even Been in the Water Yet!

I wouldn't put it in the water, but that is me. Size of the repair has less to do with cost than the difficulty in doing the repair. Upside down makes it a little more challenging. If it is on a flat surface then it is easier than if it is on a curve or around a corner.

Have you called the dealer and the trailer place?

 

[MH Hawker]

Re: Damage to the Boat - And it Hasn't Even Been in the Water Yet!

I would take it directly back to the dealer and ask for a full refund.

 

[Sandi_k]

Re: Damage to the Boat - And it Hasn't Even Been in the Water Yet!

I wouldn't put it in the water, but that is me. Size of the repair has less to do with cost than the difficulty in doing the repair. Upside down makes it a little more challenging. If it is on a flat surface then it is easier than if it is on a curve or around a corner.

Have you called the dealer and the trailer place?

They're closed until Tuesday.

The large spot is on the stern - near the outdrive. Vertical part of the gelcoat. The smaller spot is on the actual underside, but both are under the waterline of the hull.

 

[Sandi_k]

Re: Damage to the Boat - And it Hasn't Even Been in the Water Yet!

I would take it directly back to the dealer and ask for a full refund.

Uh, no legal leg to stand on, I think. We signed for it after the walkaround, and then drove it 500 miles to get it home. I do hope that the dealer might go to bat for us with the trailer shop, and will be contacting him on Tuesday.

 

[Silverbullet555]

Re: Damage to the Boat - And it Hasn't Even Been in the Water Yet!

Sandi,

I have nothing else to add other than calling the dealer and trailer place.

Right now though, your stomach is probably tied in knots. The good news is that a competent gel coat person can repair it so you will never know it happened. It's a new boat so matching the gel should be a little easier and they can do some amazing things.

 

[lakegeorge]

Re: Damage to the Boat - And it Hasn't Even Been in the Water Yet!

Whoever lifted your boat should stand behind the repair. Repairing gel coat is not a hard repair.

 

[MH Hawker]

Re: Damage to the Boat - And it Hasn't Even Been in the Water Yet!

Well the consumer protection laws may be different in Cali but ever place else you have 90 days to return a car of other major things due to problems. I did that once with a new car I bought that had a transmission issue from the factory, the dealer kept screwing around on fixing it, so I gave it back to them and had the loan cancelled.

 

[H20Rat]

Re: Damage to the Boat - And it Hasn't Even Been in the Water Yet!

Well the consumer protection laws may be different in Cali but ever place else you have 90 days to return a car of other major things due to problems. I did that once with a new car I bought that had a transmission issue from the factory, the dealer kept screwing around on fixing it, so I gave it back to them and had the loan cancelled.

This is a little different here... lets say you buy a new car, and then come back with a scratch on the side of it. The dealer has absolutely no reason to help you out, you signed off on the condition of the car, and presumably there wasn't a scratch there before.

In this case, sounds like the OP bought a trailer from someone other than the dealer, so yeah, they are most likely on the hook. The dealership themselves have zero involvement with the whole situation. (unless of course it was their fork lift that was doing the lifting)

 

[saumon]

Re: Damage to the Boat - And it Hasn't Even Been in the Water Yet!

Did they install a swing-away tongue or they simply swap it on another trailer? If they swap, it could be a lift damage but I can't see why there's a need to lift the boat off the trailer if they simply install a swing-away tongue?

 

[Sandi_k]

Whoever lifted your boat should stand behind the repair. Repairing gel coat is not a hard repair.

I know the boat was lifted from the blocks onto the trailer by the dealer. The trailer that was *supposed* to have a swing away tongue, and didn't. So then the dealer sent the whole thing back to the trailer place, for the addition of the swing away tongue. I do not know if it was the same trailer we got back, with the tongue installed, but I presume so, since the dealer said the trailers were made to order.

So we don't know who did the damage. Thus the talk with the dealer on Tuesday.

Well the consumer protection laws may be different in Cali but ever place else you have 90 days to return a car of other major things due to problems. I did that once with a new car I bought that had a transmission issue from the factory, the dealer kept screwing around on fixing it, so I gave it back to them and had the loan cancelled.

I have NEVER heard of that as a law. The closest consumer protection law I've heard of is the 3 day right of recission when you buy something while IN YOUR OWN HOME, such as a very expensive vacuum cleaner.

The situation with a car you describe could be seen as a variation of the CA Lemon Law, but the law requires that you give the dealer 3 tries to correct the issue before invoking it, IIRC.

In any case, this is DAMAGE, not a lemon. So unfortunately, I don't believe your example has any correlation here.

In this case, sounds like the OP bought a trailer from someone other than the dealer, so yeah, they are most likely on the hook. The dealership themselves have zero involvement with the whole situation. (unless of course it was their fork lift that was doing the lifting)

The trailer was custom ordered, by the dealer, for this purchase. We specified a swing away tongue, and the dealer made a mistake when ordering the trailer from the trailer shop.

When I called last week to confirm the final details for pickup, the error was discovered - by which time, the boat had been loaded onto the trailer. At that point, we were two days away from our scheduled pickup, and the dealer sent the trailer BACK to the trailer shop, with the boat on it.

I don't know if the trailer shop removed the boat to install the swing-away tongue (and damaged the boat then), or if the boat dealer did the damage when moving it from the blocks and onto the trailer originally.

Did they install a swing-away tongue or they simply swap it on another trailer? If they swap, it could be a lift damage but I can't see why there's a need to lift the boat off the trailer if they simply install a swing-away tongue?

I don't know who used a forklift. For sure the boat dealer, when first putting it on the (wrong) trailer. Possibly the trailer shop, when installing the correct swing-away tongue.

Whoever lifted your boat should stand behind the repair. Repairing gel coat is not a hard repair.

Yeah, fingers crossed. Legally, we signed for the boat, so we probably are screwed. If the dealer is a stand-up operation and actually cares about customer service even when they aren't required to legally handle it, maybe they will cover the repair.

All we can do is ask, and hope.

Sandi,

I have nothing else to add other than calling the dealer and trailer place.

Right now though, your stomach is probably tied in knots. The good news is that a competent gel coat person can repair it so you will never know it happened. It's a new boat so matching the gel should be a little easier and they can do some amazing things.

Thanks, SB. Actually, I'm not tied in knots - in the end, it's only "stuff." Nobody was hurt, and it can be repaired. And we met a competent gel coat/fiberglass repair guy at the March boat show. In fact, we're sent him pics after talking with him.

I just feel bad - we were planning to take it to the lake in a couple of weeks, which is looking unlikely to be done in time. And DH's jet ski also blew up, so we're having watercraft issues at the moment.

 

[saumon]

Re: Damage to the Boat - And it Hasn't Even Been in the Water Yet!

Possibly the trailer shop, when installing the correct swing-away tongue.

Very unlikely. Adding a swing-away tongue is a simple cut, drill and bolt-on process in which there's absolutely no need or reason to lift the boat.

Is there's gouges or scratch surrounding the chips? That would help proving they could have been made by the lift. Otherwise, chances are they can say the damages occurred on the road...


Hope it turn out well...

 

[Slip Away]

Re: Damage to the Boat - And it Hasn't Even Been in the Water Yet!

The dealer will take care of the repair. it's considered a new boat with full warranty. Dealer will either fix it himself, or send it off
to a shop approved by Monterey Boats. Then Monterey will likely pay the dealer for his time and materials. You should only be out
the costs of transporting the boat to and from.

 

[Home Cookin']

Re: Damage to the Boat - And it Hasn't Even Been in the Water Yet!

first, by-pass any legal advice you read here or elsewhere on the internet. So far most of the legal discussion has been wrong, the rest merely possible in some cases but not certain (although you did well on the lemon law, which only pertains to cars, so it doesn't apply).

Focus on these two things:
1. the damage is repairable so your boat is not a loss. that's the good news. There will be an inconvenience and cost, however. Welcome to boating.
2. the person who did the damage is responsible, but if they won't step up, you have to assess the chance of winning a lawsuit or other claims process, which is uncertain, against the cost and inconvenience of the process, which are certain--especially with the players 500 miles away.

If the trailer guy was the dealer's trailer guy, put the pressure on the dealer. Tell him you want to talk to the manufacturer's rep. Do not fall for "bring it back so we can see it" even though, in fairness, they shouldn't have to pay for something until they see it. Get an estimate so you both know what you are dealing with. Consider splitting the cost if the dealer won't pay.

It's better to avoid a fight than win one.

 

[tpenfield]

Re: Damage to the Boat - And it Hasn't Even Been in the Water Yet!

Sandi-

sorry to hear of the damage to the boat, particularly after all the work you put into the process of getting it.

sounds like lots of players involved, so I"m sure you will get some finger pointing going on. . . But . . . You should go through the process of making it known to the parties involved in handling you boat during the trailering and transport, provide them with pictures, and see how it goes.

is your boat insured? You could just have the the insurance company handle the 'who done it'

 

[Slip Away]

Re: Damage to the Boat - And it Hasn't Even Been in the Water Yet!

Your boat will be fixed in a timely manner, and you will not have to "put any pressure on" anyone.
Insurance would normally be where you would want to look into, but in this case. you won't even have to. Relax, all will be well after Tuesday. I'll make a call and see if I can get you some more info on what will happen.

 

[spdracr39]

Re: Damage to the Boat - And it Hasn't Even Been in the Water Yet!

Make the calls and give everybody a chance to do the right thing. Not all businesses are out to get people. Most are perfectly willing to take care of their mistakes if they are approached in a reasonable and respectful manner.

 

[Yacht Dr.]

Re: Damage to the Boat - And it Hasn't Even Been in the Water Yet!

We've took pics and sent them to a fiberglass/gelcoat repair shop in Sacramento - we talked to the guy at length at the March boatshow.

How expensive is this likely to be? I'm assuming that it would be the height of wrong to put the boat in the water until this is actually repaired, right?

Hi Sandi ..

It might be Air voids .. can you post up them pics so We can have a looksie too please .

A fiberglass shop will probably charge about $300-$400 bucks for both repairs ( givin they dont have to Color match the gelcoat ).

From what you describe .. you can put the boat in the water and use it until its scheduled for the repairs.

* Hint * .. Im sure you might have Other issues with some part of the gelcoat that will be covered within a year ( cracking or voids poppin etc ). If this can not get resolved right now .. then wait until you put in a warranty claim and get those things repaired at the same time. It will cost you less.

I have known others that do inspections for "new boat owners" that find minor problems that would be covered under the MFG Warranty .. whom would suggest to the New Owner of a New Boat Wait until they USE the boat for a few months ( possibly scratching the boat loading or docking ) before they submit a warranty. Thus giving a lesser cost of repairs while doing the 'warranty' repairs at the same time. ( Both the builder and the Owner benefit from this as the Tech can do Everything at the same time breaking down the cost for Both involved ).

What I mean to say ... is that this is a busy time for Mechs and Glass guys .. you want to get on the water as promised .. Dont let a few little things get in the way right now. In the long run it Might become an advantage to YOU ..

You can do whatever you wish .. its your boat and your call mate..

YD.

PS. I dont mean that you let your warranty issues NOT get resolved quickly .. sometimes its better to wait if there is a potential issue in the future within the warranty period ..

 

[Home Cookin']

Re: Damage to the Boat - And it Hasn't Even Been in the Water Yet!

Your boat will be fixed in a timely manner, and you will not have to "put any pressure on" anyone.
.

true dat; I didn't mean to suggest starting with "pressure" but if she gets the run around, the next step is to know what kind of pressure to use and where to use it. It's a delicate procedure; if you start with "I want all my money back now" you just look like an idiot. And a problem. (she knows that).

my wife bought a brand new car and when the dealer was doing some "bring back" service, one of his guys scraped the side along a yellow metal post. When the manager called, I let him know that I know how these situations are resolved if they went to court or other procedures and that I wasn't the type who was demanding a new car and everything else. Then we got along fine. We worked out a good arrangement that included his basically extending the warranty on the doors' operations (sliding door on minivan) and the new paint from fading unevenly.

 

[LippCJ7]

Re: Damage to the Boat - And it Hasn't Even Been in the Water Yet!

I think the thing that is missing here is you agreed to purchase the boat without this damage and I would bet the farm that fact will hold up in court, having a witness or pictures would help a lot but in the end I think you are in good shape, any reputable dealer will have this fixed fairly quickly.

Remember, your contract for this boat, was agreed upon before this damage, and so your not really in any position of liability here, the only real issue is who did the damage, and the dealer is going to want to make this right as much as the trailer dealer is, that's just good business.


If it were me I would deal solely with the Boat Dealer, the trailer dealer was a representative of his(you didn't request the trailer dealer right?)

Other then that I agree with Home cooking