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
paulbazza
Posts: 158
Date Joined: 24/11/10
continue
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
Posts: 1322
Date Joined: 23/02/11
thanks mate - i have got
thanks mate - i have got texts and messenger - no email addresses listed
Swompa
Posts: 3881
Date Joined: 14/10/12
Is this foam decking?
Is this foam decking?
pelagicyachts
Posts: 1322
Date Joined: 23/02/11
yes it is - not naming anyone
yes it is - not naming anyone as i am hoping they will stand by their product - its just feeling like they will not.....
Swompa
Posts: 3881
Date Joined: 14/10/12
Good call.If you paid for a
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
Posts: 1322
Date Joined: 23/02/11
thanks mate - to my
thanks mate - to my detriment, i am a person of principal - i wont let this go! :-)
Marineboy
Posts: 842
Date Joined: 14/03/14
Legal action
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.
My spots are so secret even the fish don't know about them !
pelagicyachts
Posts: 1322
Date Joined: 23/02/11
thanks mate - hopefully we
thanks mate - hopefully we can resolve prior but appreciate the offer
Dan_9
Posts: 80
Date Joined: 10/12/14
If it's the brand I'm
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.
Dan_9
Posts: 80
Date Joined: 10/12/14
If it's the brand I'm
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
Posts: 1322
Date Joined: 23/02/11
its gone dark in a band port
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
Posts: 2401
Date Joined: 08/09/16
That's shitty Clint. I've
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.
PGFC member and lure tragic
Swompa
Posts: 3881
Date Joined: 14/10/12
We will eventually get it
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
Posts: 1322
Date Joined: 23/02/11
100% swompa but would
100% swompa but would probably lean towards something firmer
Swompa
Posts: 3881
Date Joined: 14/10/12
I had 3mm UDek on the last
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
Posts: 1322
Date Joined: 23/02/11
hi mate yeah think i am
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
Posts: 2401
Date Joined: 08/09/16
I was in Longreach over
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.
PGFC member and lure tragic
pelagicyachts
Posts: 1322
Date Joined: 23/02/11
bahaha good job!
bahaha
good job!
Bodgy 79
Posts: 286
Date Joined: 04/08/22
Current estimate
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
Posts: 1322
Date Joined: 23/02/11
hope it lasts longer than 18
hope it lasts longer than 18 months !
:-)
pelagicyachts
Posts: 1322
Date Joined: 23/02/11
update
well looks like we are off to court
the local installer of the "national " product came out to inspect the deck, he advised that it had failed due to exposure to sunlight .... he also advised that he would be very unhappy too if he was in my position...
The national distributor has basically said bad luck - and tried to throw the local guy under the bus. They offered to replace the deck at cost ($3500) which would put me at 9k in for a product that lasted 18 months.
So i am lodging a case in the small claims court - updates to follow....
sea-kem
Posts: 14972
Date Joined: 30/11/09
Well done Clint, I reckon
Well done Clint, I reckon you'll win this no probs.
Love the West!
pelagicyachts
Posts: 1322
Date Joined: 23/02/11
thanks mate my preference
thanks mate
my preference would have been for them to "own" it, just cant believe their arrogance. They stated that out of 1800 installs in WA mine is one of 3 that have failed..... the installer advised it was due to sun damage (direct sunlight) would that not imply that the product was either faulty or not fit for purpose!!
grrr!
davewillo
Posts: 2401
Date Joined: 08/09/16
Bloody annoying to say the
Bloody annoying to say the least Clint! Like Andy said, I think you'll have a very strong case as it is clearly not fit for purpose.
PGFC member and lure tragic
Alan James
Posts: 2223
Date Joined: 30/06/09
...
That's all very well for them to say 3 fails in 1800. It doesn't sound like a large number. If 3 out of every 1800 flights on a plane fell out of the sky you would look at it differently.
sea-kem
Posts: 14972
Date Joined: 30/11/09
It's amazing Alan how they
It's amazing Alan how they just make up their own spin as thye go along. The arrogance deserves and appearnce in court minimum.
Love the West!
dodgy
Posts: 4577
Date Joined: 01/02/10
3 out of 1800 surely they
3 out of 1800 surely they back their product and sort the issue on the spot. It would be so unusual that they would be climbing over themselves to make it right.
Does anyone know where the love of god goes, when the waves turn the minutes to hours?
pelagicyachts
Posts: 1322
Date Joined: 23/02/11
you would think - but its
you would think - but its their stats, and for the installer to say infront of me and my son (witness if needed) that if it were him he would be really dissapointed in the outcome too - kinda a nail in the coffin !
Swompa
Posts: 3881
Date Joined: 14/10/12
Good on you for holding your
Good on you for holding your ground. I wonder if the other two took the 3.5k replacement option?
You are doing the right thing and not naming them on here....yet.
pelagicyachts
Posts: 1322
Date Joined: 23/02/11
thanks mate - still hoping we
thanks mate - still hoping we can resolve it- maybe once they get served they will but given their attitude to date i suspect not...