Hello again AJ
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)