What would you do? Whats fair????
10-25-2012, 08:04 AM
#11
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Been there, done it.
Unless you've tried the legal route in boating/motor work then look out. There are a million escape goats. The part that was not replaced caused the failure etc......
Point is if you have your motors be glad and don't pay another dime. You will not be successfull in any lawsuit and neither will they. End of the day their reputation is tarnished and is propably the start of ending their business.
Unless you've tried the legal route in boating/motor work then look out. There are a million escape goats. The part that was not replaced caused the failure etc......
Point is if you have your motors be glad and don't pay another dime. You will not be successfull in any lawsuit and neither will they. End of the day their reputation is tarnished and is propably the start of ending their business.
10-25-2012, 11:31 AM
#14
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iTrader: (4)
So you are saying you requested that your engines be replaced with brand new units, at an additional cost of $18k over what the rebuild price was to begin with?
A couple of factors I guess-
Who has the old engines, they must be worth something
When you asked them to get new engines, did you discuss who was paying for brand new engines?
Did the dealer reduce your labor cost because of the issue? Have they refunded anything to you or are they looking at collecting the original amount plus $18k?
Are the old engines trashed? ? If not and they were sent to a rep builder, even back to merc, would the cost have been the same from that point as the new ones?
Only problem I see is if you pulled a fast one using their friendship to you as leverage. Meaning, if you made it out that you would just buy new ones to get out of the mess and not have down time, and have now switched gears. If they can prove that, they may have a case against you. Not a big one, however the court will see that you now have NEW engines, not rebuilt, and may see a cost equal for that.
A couple of factors I guess-
Who has the old engines, they must be worth something
When you asked them to get new engines, did you discuss who was paying for brand new engines?
Did the dealer reduce your labor cost because of the issue? Have they refunded anything to you or are they looking at collecting the original amount plus $18k?
Are the old engines trashed? ? If not and they were sent to a rep builder, even back to merc, would the cost have been the same from that point as the new ones?
Only problem I see is if you pulled a fast one using their friendship to you as leverage. Meaning, if you made it out that you would just buy new ones to get out of the mess and not have down time, and have now switched gears. If they can prove that, they may have a case against you. Not a big one, however the court will see that you now have NEW engines, not rebuilt, and may see a cost equal for that.
10-25-2012, 04:42 PM
#15
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Few things......
Fl requires 100min plaintiffs for it to be considered class action.
You mentioned that you had a 6mo warranty. Why did you not exercise it?
Your case is with the marina, not merc, not the rednecks.....
UNLESS.....
There is paperwork between you and them outside of what you have shared.....or their is an implied agreement through expected performance that they were negligent in providing.
Example.....in fl..... If you buy Michelin tires because of an expected level of performance and wear, but they blow out on one side due to you parking on an incline, you could possibly make a claim that they failed to meet an expected level of performance.....unless of course, you were told otherwise in writing. This is commonly referred to as tort. Google it.
Next, with whom is the 6 month warranty, and does it cover labor?
What did you sign? Read every word.
Did you have a witness? Without leading them, ask them what they remember. Not your wife, unless she was there.
Where are your old parts? Get them back.
How much of your mental/physical health requires that you go boating? Can you prove that you historically used it xxxhours and this situation through no fault of your own had put you under duress?
Now think about this....
You have no further proof than what I read. You cant PROVE they denied your warranty claim.....because you didn't. You can't prove that you had a reasonable level of service.....you can't prove deceit.
Well.."you're screwed. Sorry, but smokeinurass won't help.
NOW......if you can, then you have something.
That something is a lot of legal fees, and no guarantee. It sux. You have to pay to make professionals/businesses do the "right thing"
Still.....with all of the proof, you still have a chance to lose again...
For those keeping track of my situation....look for the post I put in general discussion titled.....
TBUS Update
Fl requires 100min plaintiffs for it to be considered class action.
You mentioned that you had a 6mo warranty. Why did you not exercise it?
Your case is with the marina, not merc, not the rednecks.....
UNLESS.....
There is paperwork between you and them outside of what you have shared.....or their is an implied agreement through expected performance that they were negligent in providing.
Example.....in fl..... If you buy Michelin tires because of an expected level of performance and wear, but they blow out on one side due to you parking on an incline, you could possibly make a claim that they failed to meet an expected level of performance.....unless of course, you were told otherwise in writing. This is commonly referred to as tort. Google it.
Next, with whom is the 6 month warranty, and does it cover labor?
What did you sign? Read every word.
Did you have a witness? Without leading them, ask them what they remember. Not your wife, unless she was there.
Where are your old parts? Get them back.
How much of your mental/physical health requires that you go boating? Can you prove that you historically used it xxxhours and this situation through no fault of your own had put you under duress?
Now think about this....
You have no further proof than what I read. You cant PROVE they denied your warranty claim.....because you didn't. You can't prove that you had a reasonable level of service.....you can't prove deceit.
Well.."you're screwed. Sorry, but smokeinurass won't help.
NOW......if you can, then you have something.
That something is a lot of legal fees, and no guarantee. It sux. You have to pay to make professionals/businesses do the "right thing"
Still.....with all of the proof, you still have a chance to lose again...
For those keeping track of my situation....look for the post I put in general discussion titled.....
TBUS Update
10-25-2012, 05:59 PM
#17
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Mercury Racing 700SCI's do not have a suggested rebuild time from the manufacturer. Information so if anyone else think they do. No matter how reputable the dealer/marina are Mercury Racing will talk to you any time, call them with any question you have about there stuff.
Last edited by blume; 10-25-2012 at 06:05 PM.
10-26-2012, 02:40 PM
#19
Registered
You need a psychiatrist not a lawyer if you would consider paying them....................
