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Joined: 07 Mar 2006
Location: Waipuna AKLD
Status: Offline
Points: 10384

Surely you have some recourse under the Consumer Guarantees Act, If its unfit for purpose and proved itself so in NZ conditions then faults appeared , dealer attempted to remedy and then faults re appeare then no matter what guarantees were provided then there is still recourse.

It should be no different to the motor vehicle industry where even after the manufacturer provides a 3yr guarantee there is is still liability for manufacturer faults.

IMHO

Posted: 06 Jul 2008 at 10:42pm

CanadianJohn View Drop Down

Titanium

Joined: 03 May 2003
Location: east auckland
Status: Offline
Points: 5604

bought my current boat from that dealer as well. third trip out my seats broke free, luckily noone was sitting on the passenger one cause it almost went overboard. the dealership owner, who i bought it off of, said it wasn't his problem as the seats had been installed by the previous owner before he bought the business and stock. charged me $110 to refasten them with longer screws. kept the old screws too.

Posted: 07 Jul 2008 at 11:24am

Indie

Bronze

Joined: 22 Apr 2008
Status: Offline
Points: 51

As above re the consumer guarantees act, unless they were advertising the boat as suitable for estuary/lake/inshore fishing then you definately have a recourse. The dealer of course would know about these problems and that the boat is unsuitable but they sell it to unsuspecting people anyway. Don't let them get away with it, not only from the point of view that your going to be hugely out of pocket and its dangerous on their behalf to sell boats that they know have a tendency to split.

Posted: 07 Jul 2008 at 12:38pm

[email protected] View Drop Down

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Joined: 07 Mar 2006
Location: Waipuna AKLD
Status: Offline
Points: 10384

Agreed and on looking at there website there certainly are not any provisos / limitations stated

This hull comes on a Dunbier trailer and is powered by a Mercury 115HP Optimax DFI outboard. Designed to accommodate all kinds or recreational boating - diving, swimming, skiing, family cruising and fishing! What more could you ask for in a hull? With the smooth riding Millennium Hull, Flared Bow for a dry, safe ride and M3 Transom for stability when planing and at rest. Those who dive will appreciate the Maxi ladder as it helps when getting on and off the boat - after all Quintrex is boating made easy!

Posted: 07 Jul 2008 at 12:58pm

Rockyw

Gold

Joined: 22 Aug 2005
Location: New Zealand
Status: Offline
Points: 843

The problem with the consumer guarantees act is that there is no one to enforce it. It relys

on sellers doing the right thing, and quite often they wont.

Posted: 07 Jul 2008 at 1:03pm

Contract

Platinum

Joined: 23 May 2008
Location: New Zealand
Status: Offline
Points: 1932

Why don't you ring up "Fair Go" ? and see if they might be interested in taking up your cause. if there is a threat to life and limb, they might jump at the chance.

Posted: 07 Jul 2008 at 1:07pm

tobez

Titanium

Joined: 27 Jul 2003
Location: whitianga
Status: Offline
Points: 10390

surely a lawyer will sort that out..expensive excercise but cheaper than the loss of a 40k boat..

Waikato North Harbourmaster...Got a Nav Safety question for the Waikato region?...call me 021705642 or download the app Marine Mate!

Posted: 07 Jul 2008 at 1:09pm

[email protected] View Drop Down

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Joined: 07 Mar 2006
Location: Waipuna AKLD
Status: Offline
Points: 10384

Quite right RockyW ,but, I have seen in the Auto industry that whereas the old RMVDI or as it is now MTA or IMVDI had similar issues ie. enforcement was a right pain in the ass, A little bit of money invested with a thoughtful lawyer has a tendancy to really put the pressure on and certainly the threat of Fair Go and the associated publicity in what would have to be said was a tightning market for the sale of boats at present - That would be the last thing they need.

The thing here is , that you cannot contract out of the Consumers Guarantee act no matter what guarantees that you place on your product and/or time limits are imposed by the seller.

IMHO

Posted: 07 Jul 2008 at 4:36pm

NZTurtle

Titanium

Joined: 19 Aug 2006
Location: Whangarei
Status: Offline
Points: 3293

Have a read through http://www.consumeraffairs.govt.nz/businessinfo/cga/goods.html

I woudl say that you have a good case and that talking with a CGA lawyer woudl be a good investment.

Cheers

Posted: 07 Jul 2008 at 5:38pm

plimmerton View Drop Down

Silver

Joined: 10 Sep 2007
Location: New Zealand
Status: Offline
Points: 167

slamdunc,

I have fought many similar battles in my previous life in the real estate industry and I would agree with others that you do have recourse. I would start the process discreetly by perhaps sending the Dealer the link quoted bt NZTurtle http://www.consumeraffairs.govt.nz/businessinfo/cga/goods.html

and suggest to the OWNER of the business that you would hate this problem to get out of hand and would rather settle it amicably. Sometimes a softer approach can work best for all parties and can save expensive legal bills. Good luck.

THE HARDER YOU WORK THE LUCKIER YOU GET

Posted: 07 Jul 2008 at 7:08pm

slamdunc

Bronze

Joined: 05 Jul 2008
Status: Offline
Points: 14

yes I got the not my fault previous owner but unfortunately he was the salesman with the it will never crack story

Posted: 07 Jul 2008 at 7:19pm

slamdunc

Bronze

Joined: 05 Jul 2008
Status: Offline
Points: 14

Thanks for all your assistance If you know of any other Quintrex problems it will help me with Fair go.I have been in touch with them I will try and get photos of cracks on . Iam also in real estate and know that the salesman that now owns the business is a certain target unless he lies through his teeth( but my wife was there also at the time) by telling me it woould never crack as it was pressed and NZ boat builders could not afford the millions of dollars for the machines to do this and therefore used welded plate.Unless he proves that is what Quintrex told him

Posted: 07 Jul 2008 at 8:03pm

NZTurtle

Titanium

Joined: 19 Aug 2006
Location: Whangarei
Status: Offline
Points: 3293

SD,

Also do not get your hopes up too high as the company may only have to replace like for like - ie a 3 year old quintrex, as you have had the benefit/pleasure(?) of use from it under the CGA. The CGA assumes no guilt or misrepresentation, just that you shoudl havea fit for purpose item and that it should last a certain time.

And if that is not forthcoming then you coudl possibly look to get equivalent value reduction on another boat/model...

If you are looking at misrepresentation then you would be looking at suing and the owner may have some defence on the basis that he did not make the claims etc.

Posted: 07 Jul 2008 at 10:41pm

brown