the origiinal agreement was verbal, no written contract or similar, I am fiarly sure I can still find the recipts but do not think any show what was aggreed
with regard to loss, I don't quite understand but, I have paid for two brand new engines to be fitted correctly and professionally, this has not happened and is all I want.
I have already lost a years warrenty because of not feeling comfortably safe in the boat, and waiting for Kelpie to honour what he said he would do.
What I would be happy to do is for Kelpie to remove the engines and repay me in full for the £3,200 paid so I find another boat yard who are honest and professional
Hello again AJ
they didn't give an exact time. It took a few weeks from paying for engines upfront to being told the boat was ready to go.
The problem has raised its head since having the boat back, as I said I knew nothing about boats to begin with and took Kelpie at their word to do a professional job and service. The main engine (20hp) has been fitted badly and is far from ideal, I have researched about the fitting of outboard motors to boats and spoken to a number of other boating people seeking advice and what should n shouldn't be done, what height the engine should be fitted for effeciient performance.
The engine is set far too low on the transom which reduces performance and effeciency of the engine which in turn puts more strain, ware and tare on the motor reducing it life expectancy.
If Kelpie had been professional they would have advised me and then the transom reduced and a short shaft engine fitted, this is all I want, the correct engine for my boat. If Kelpie would be honourable and sort me a 20hp short shaft engine I'd take it and fit it myself, this would be the end of the matter then but alas they expect me to take sub quality merchandise for my £3,200, I have already lost a years fun in the boat and a years warrenty do to no fault of my own.
I think I get the jist of what you are saying but not sure what to to request from Kelpie or how to articulately word a letter to them.
Part of my problem now is I am basically angry because of the time, lies and effrots, bother they have caused me (and my farther) and I still don't have a boat ready to use, summer isn't so far away and the thought of loosing another season will be hard to take.
Do I ask them simply to replace the 20hp for a short shaft which really should have been fitted in the first instance? and what about the fact I have now used up a years warrenty and had more or less no use of the boat/engines because of Kelpie?
Would you be able to word a letter for me that I can then send on to them. Like everyone I guess! I don't relish the thought of taking court action against them, the time scale, costs, time and effort etc. Silly and pathetic as this sounds I want someone to take me by the hand almost and say "come on lets go see the offenders and sort this mess out" I can't do confrontation
(please excuse my terrible spelling etc I'm quite dyslexic, rather than completly studpid)
thank you for that :-)
once I have drafted a letter would you ba able to read it through for me, and if needed offer anytweaks you think should be added? Please!
thank you AJ
It is nice to feel I have someone a little on my side rather than having to stand alone like the last grape in the bowl, shriveled
Soon as I'm at my own computer I shall set to and draft 'the letter' ;-/
I have composed this letter to send to Kelpie Boats, would you be so kind as to proof read it for me and let me know if I shoudl amend anything. Also should it be sent recorded delivery?
168 Garden Suburb
Wednesday, March 06, 2013
Dear Kelpie Boats
This letter is with regard to the supply and fitting of two outboard boat engines to my boat
As it has been some considerable time since you last kept me up to date with the progress of what is happening with my boat 16-1-2013, I have now taking legal advise and following their instruction (5-3-2013).
You have not fulfilled our contract;
Our contract was for you to supply and fit two engines to my boat, one 20hp as the main engine and a 3.5hp as an auxiliary engine.
Firstly you fitted a 15hp engine to the boat instead of the 20hp engine that was paid for, secondly you failed to explain the plus points and negative points of fitting a long shaft engine to a boat with a short transom.
I have sort advice from other boating bodies and researched how an outboard engine should be fitted to a boat, in the main the height at which an engine should be mounted on the transom to give optimum performance and not put extra ware on an engine. In this case the engine being set far too low in the water reducing performance and increasing ware to the engine.
You where informed when my farther and I brought the boat back to your yard for the fitting of the engines that the checker plate wrapped over the transom had been lifted about 38mm – 1 1.2”, (this extra height to the transom is why you told us we would have to have a long shaft engine and the pre-owned short shaft Suzuki engine you had at the time which I had intended to purchase from you would not fit)
I told you face to face the day we brought the boat back to your yard to have the engines fitted how disappointed that I was to have found the transom height could have easily been reduced and I could have bought the pre-owned Suzuki engine you had at the time saving me quite a few pounds purchase price. At this point you could have offered to exchange the long shaft for a short shaft so that it could have been fitted in its idea position but you failed to advise or suggest this. With 58 years as an established boat yard I’d have thought you could have seen the transom had been built up, it was very obvious to my farther and I once we looked closely at the transom and before we removed the checker plate, you did advise use to remove and inspect underneath to see what condition the transom was in. In hindsight if I had known my consumer rights I could have asked you to simply exchange engines whilst the transom was rectified ( a simple case of taking the checker plate off, removing the packing pieces, re-bend the checker plate and re-fit to transom, possibly an hour or twos work and a little effort). With a company advertising 58 years experience in their field one would expect a totally professional service and professional advice.
As we stand now you are in breach of S.4 and S.13 of the Supply of Goods and Services Act 1982;
To remedy this error on your part, it is suggested you supply me with a new 20hp Tohatsu short shaft engine, still in box and with full warranty, and I will fit the engine myself or seek another boat yard to do it for me at my own expense. I am advised to give you 14 days notice to rectify this matter before I begin and issue court proceedings, I think I am quite a reasonable person and here by give you 21 days notice. I am also advised to seek compensation but I do not wish to so at this stage as I would prefer this matter to be settled amicably rather than a court battle which will be expensive and time consuming. Farther and I have already lost a years worth of fun and enjoyment, we would like to have some fun and enjoyment this year with the boat, in the knowledge that everything is set correctly and we have made every effort to be safe when out at sea.
Please do not forget we approached you with ‘hands up’ saying we knew nothing about boating or boats and put ourselves squarely in your hands thinking you would give professional service and advice, I have spent the better part of £4,000 pounds with you altogether and still do not have a boat ready to use. It is a shame things have come to this but there are consumer rights and laws to protect consumers. Added to this I reserve the right to report you to Trading Standards and other bodies.
I hope that we can settle this matter quickly and amicably and move on.
Mr D J White (AKA Bob, as you know me by)
thank you for that, I shall amend the letter and repost
I'll keep you in the loop as to any further developments and let you see any corrispondance. I understand what you are saying in the last sentence and will be totally open and franc, I see no point in with holding back any information nor adding any fabrications. Shall I repost my amended letter to you?