I posted this thred originally on 8/2/01 - then reposted on 8/15/01 (shortened a little) Seems like everyone else gets a response but me. Is it too long to read or is this too challenging a topic? (i doublt it)???? I thought the details are important for accurate advice!!!!! Here goes again - shortened even more.
My husband and I purchased an inflatable boat on a Saturday. The sales rep in the store that day was new and knew little about the products. We told the rep that our biggest concern was being able to hand launch the boat by ourselves by using wheels that mount to the transom. We selected a boat and the rep showed us the wheels offered in the Mercury brochure. There were two types. He placed a phone call the owner of the shop and asked him which wheels would be better suited for our needs (hand launching) and then he handed the phone to my husband. Over the phone, the owner told my husband we should go with the more expensive of the twowheels. We bought the boat but the wheels had to be ordered and were not in stock.
Monday I picked up the boat and obtained my own brochure. After getting home and reading the brochure, the brochure indicated that the wheels will work on our boat. Actually no wheels will work. We saw no option other than to exchange the boat for a different model. At this time, the shop was closed but we called anyway left a message.
The next morning, we called asked if we could exchange the boat . The Shop owner told us we could not exchange the boat as the warranty is done electronically and was already done and could not be reversed. So, we waited for a solution coming from them. I received a call about mid-day from the sales rep told me he was working on it and had mercury working on our problem also. The sales rep showed us a copy out of a catalog page that had a boat dollie that you put under the boat for hand launching. It said it held 150 lbs. on hard surface and 100 lbs. on sand. My husband pointed out that the weight of our boat and motor is almost 300 pounds and this wouldn't work. The sales rep said "but not all the weight is over the dollie - it's distributed and should work for us". Also, we were going to have to pay an additional $45.00 for this dollie over the cost of wheels.
We bought the dollie and the first time we used the boat dollie, it broke. My husband brought it back to the store, . The owner indicated he'd have to call his supplier first and he'd call my husband back. Three weeks went by with no call, so we sent a letter stating that we'd like credit for this dollie toward a different dollie with more weight cap. They received the letter but still no response. We want to take him to small claims court to recover the cost of the broken dollie and for the additional costs we will incur making this boat hand launchable.
Do we have a case? If so, under what civil code?
Thank you if you took the time to read this saga and thank you in advance for any advice/comments offered.
My husband and I purchased an inflatable boat on a Saturday. The sales rep in the store that day was new and knew little about the products. We told the rep that our biggest concern was being able to hand launch the boat by ourselves by using wheels that mount to the transom. We selected a boat and the rep showed us the wheels offered in the Mercury brochure. There were two types. He placed a phone call the owner of the shop and asked him which wheels would be better suited for our needs (hand launching) and then he handed the phone to my husband. Over the phone, the owner told my husband we should go with the more expensive of the twowheels. We bought the boat but the wheels had to be ordered and were not in stock.
Monday I picked up the boat and obtained my own brochure. After getting home and reading the brochure, the brochure indicated that the wheels will work on our boat. Actually no wheels will work. We saw no option other than to exchange the boat for a different model. At this time, the shop was closed but we called anyway left a message.
The next morning, we called asked if we could exchange the boat . The Shop owner told us we could not exchange the boat as the warranty is done electronically and was already done and could not be reversed. So, we waited for a solution coming from them. I received a call about mid-day from the sales rep told me he was working on it and had mercury working on our problem also. The sales rep showed us a copy out of a catalog page that had a boat dollie that you put under the boat for hand launching. It said it held 150 lbs. on hard surface and 100 lbs. on sand. My husband pointed out that the weight of our boat and motor is almost 300 pounds and this wouldn't work. The sales rep said "but not all the weight is over the dollie - it's distributed and should work for us". Also, we were going to have to pay an additional $45.00 for this dollie over the cost of wheels.
We bought the dollie and the first time we used the boat dollie, it broke. My husband brought it back to the store, . The owner indicated he'd have to call his supplier first and he'd call my husband back. Three weeks went by with no call, so we sent a letter stating that we'd like credit for this dollie toward a different dollie with more weight cap. They received the letter but still no response. We want to take him to small claims court to recover the cost of the broken dollie and for the additional costs we will incur making this boat hand launchable.
Do we have a case? If so, under what civil code?
Thank you if you took the time to read this saga and thank you in advance for any advice/comments offered.