my boat deck install is failing - need some (legal?) advice

hi all
looking for some legal process knowledge...

~18 months ago i had a new deck "product" installed on my boat - by this i mean a product permanently installed over the fibreglass. The cost installed was over 5k. It looked great and we have taken good care of it. Recently i noticed it is starting to rapidly crumble/breakdown in a large area across the deck from port to starboard that essentially gets the most sun.
I have reached out to the installer who has promised to come and "have a look" - but after 2 weeks of repeated no-shows i went to the national distributor - surprise surprise no response from them either.

Under consumer law i am pretty sure a product should last a reasonable timeframe given its cost and purpose, regardless of manufacturers warranty - ie 3k fridge with a 12 month warranty would be expected to last longer than 12 months

I will continue to try and engage with the local installer but - in the event that is unfruitful, what avenues would i have to seek some form of recovery? any tips/advice would be welcomed
cheers


Posts: 153

Date Joined: 24/11/10

continue

Wed, 2024-03-27 18:39

 Continue trying to contact the installer and the distributor , but do it in writing , via paper letter, or email , and keep a copy for yourself. And keep a record of all the attempts to contact you have made so far.

 

Consumer Protection may be able to help.

 

If not , take them to the Maigistrates Court   for a small claim/ minor case claim.

 

I did this a coulpe of years ago for a dodgy local boat mechanic .

 

It can be a little confusing , and hard to get your head around , but if i managed any one can :)

 

the Magistrates are intellegent people, they are knowledgeable , and full of common sense.

 

Hopefully though you can keep it out of court. goodluck :)

 

 

pelagicyachts's picture

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thanks mate - i have got

Thu, 2024-03-28 09:01

thanks mate - i have got texts and messenger - no email addresses listed

Swompa's picture

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 Is this foam decking? 

Thu, 2024-03-28 07:28

 Is this foam decking? 

pelagicyachts's picture

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yes it is - not naming anyone

Thu, 2024-03-28 09:02

yes it is - not naming anyone as i am hoping they will stand by their product - its just feeling like they will not.....

Swompa's picture

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Date Joined: 14/10/12

 Good call.If you paid for a

Thu, 2024-03-28 10:20

 Good call.

If you paid for a repuitable product then you should naturally be peeved if the quality doesnt match your expectations.


Hopefully consumour law has your back

pelagicyachts's picture

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thanks mate - to my

Thu, 2024-03-28 10:24

thanks mate - to my detriment, i am a person of principal - i wont let this go! :-)

Marineboy's picture

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Date Joined: 14/03/14

Legal action

Thu, 2024-03-28 20:14

I went through the process a few years back, it's relatively cheap to do but time consuming and becomes a long drawn out process.

if you need any help or just a chat about my experience let me know.
cheers.  

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 My spots are so secret even the fish don't know about them !

pelagicyachts's picture

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Date Joined: 23/02/11

thanks mate - hopefully we

Tue, 2024-04-02 08:19

thanks mate - hopefully we can resolve prior but appreciate the offer

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Date Joined: 10/12/14

 If it's the brand I'm

Sun, 2024-03-31 14:37

 If it's the brand I'm thinking it will be "dry" and "cracking" and breaking up? The colour is probably running out of it in dust form

also. If so that's the material breaking down and failing which is definitely covered under product failure. If it burnt eg. Light amplification that will not be covered. 

Posts: 80

Date Joined: 10/12/14

 If it's the brand I'm

Sun, 2024-03-31 14:37

 If it's the brand I'm thinking it will be "dry" and "cracking" and breaking up? The colour is probably running out of it in dust form

also. If so that's the material breaking down and failing which is definitely covered under product failure. If it burnt eg. Light amplification that will not be covered. 

pelagicyachts's picture

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Date Joined: 23/02/11

its gone dark in a band port

Tue, 2024-04-02 08:15

its gone dark in a band port to startboard ~300-500mm deep and ~3m across the deck that gets the sun (not light amplification which is often isolated to small "focussed" areas)
it is crumbling when any pressure is applied - also marking and has lost its "memory" - ie if you walk on it in sand shoes it leaves the tread in the foam and does not bounce back

davewillo's picture

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 That's shitty Clint. I've

Wed, 2024-04-03 11:25

 That's shitty Clint. I've looked at those products before but have been wary because of the amount of sun the deck gets at times. Hope you get some success without resorting to legal action.

 

Spent much time at the island this season? We've been very regular visitors, mainly to Longreach.

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 PGFC member and lure tragic

Swompa's picture

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 We will eventually get it

Thu, 2024-04-04 07:28

 We will eventually get it because the carpet we ultimately sleep on is just a sponge....but it is mighty expensive if it doesnt last. 

pelagicyachts's picture

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100% swompa but would

Thu, 2024-04-04 10:04

100% swompa but would probably lean towards something firmer

Swompa's picture

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 I had 3mm UDek on the last

Thu, 2024-04-04 14:47

 I had 3mm UDek on the last boat and I thought it was shit. Got so hot and wasnt kind on feet. Carpet was a blessing for your soles (of your feet) so was thinking of a 5/8mm Deck Armour or similar. 

They put Deck Armour on racing yachts that go around the world so it gets flogged...

 

pelagicyachts's picture

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hi mate yeah think i am

Thu, 2024-04-04 10:03

hi mate
yeah think i am pretty reasonable to deal with so hopefully we can resolve - but maybe being reasonable is the problem!
We have been over a lot but are mainly in the THompsons zoo because we ahve access to a really (sheltered) good mooring up near the army jetty and the wife is not a fan of any rolling around on the mooring.
Was over for easter - saw Ads and Linda, they were in NN but moved down to Thompsons as the swell was pretty big- most of the northern bays emptied out and filled Thommos by saturday due to the swell
Before you ask how the boat is going (deck aside), fridge and freezer recently packed up and genset which was "rebuilt" 2 years ago now playing games
but wouldnt be fun if everything just worked :-) :-)

davewillo's picture

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 I was in Longreach over

Thu, 2024-04-04 10:40

 I was in Longreach over Easter but tucked uo in tight at the western end so it was fine for us by Saturday night.

I was in touch with Adam but didn't get to catch up although I saw him coming into TB (through margaritas at the Mezz). I know that mooring and it is a cracker!

I had an unusual exoerince with the boat over Easter. I came home with more things working than when I went! Replaced freshwater pump over there.

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 PGFC member and lure tragic

pelagicyachts's picture

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bahaha good job!

Thu, 2024-04-04 13:34

bahaha

good job!

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Date Joined: 04/08/22

Current estimate

Sat, 2024-04-06 22:24

 Had our deck laid this week with a market leading product and installer.Be around 8-9 k for a 7m depending where you want it

pelagicyachts's picture

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Date Joined: 23/02/11

hope it lasts longer than 18

Tue, 2024-04-09 10:09

hope it lasts longer than 18 months !
:-)