It's not that I'm unsympathetic, but I haven't seen anyone actually refute the following comment I posted in this warranty thread:
... Just guessing, I now suspect that there is ZERO warranty on ANY sale of ANY product in the USA, unless a warranty is specifically mentioned in the bill of sale.
Absent an explicit warranty, I believe that the only standard Paul could expect the vessel to meet is "merchantability." ... if the buyer accepts a product, it floats, it starts, and he uses it .... then the sale is complete, valid and final.
* For example ... does the bill-of-sale for your Honda Civic warn you that some parts are from Japan, or Mexico, or Argentina? ... if so, does it really need to?
* In fact, don't most sales explicitly deny "any warranty" other than that specifically printed? Even when state such - do they actually need to?
* I truly believe that those explicit denials are beyond the requirements of the commercial code (fancy words from sophomore Biz class about 40 years ago).
* I think "caveat emptor" is still the basic rule of sale. The exceptions (explicit warranty denials) are in those contracts because they are written by lawyers for gigantic multi-nationals who have a disadvantage, versus we consumers, before some courts or juries. Havencraft would not have that disadvantage.
Nonetheless - Paul's pix indeed raise, for me, a real question of merchantability. If a court believes that he just recorded those defects ... and was not responsible for them ... he should be able to win corrections or reverse the sale.
Edited to correct link
Last edited by Frank C on Sun Sep 02, 2007 3:26 am, edited 1 time in total.
i was just reading this sad story and was surprised nobody made mention of this quote by expertinho:
"Mr. Seeberg confessed to my assistant Bob Cardoza, that he ran the motor in his driveway. This is a dangerous process even with the required flush kit and is a formula for disaster if done for more than a few short minutes."
now it is "a formula for disaster" to flush your engine? sorry but that appears to be the opposite of what my manual tells me to do after every saltwater outing. these are obviously complicated engines that must not be intended to be owned by mere mortals. LOL.
i cant give a relevant example of an outboard motor,but here in the UK we have a "parrallel" or grey imports market.
to give an example, a yamaha motor cycle costing $11200.00 from a yamaha dealer cost me $7800.00 from a company that imports these bikes from holland,the difference..........none other than money.
now a buddy bought a honda goldwing from the same dealer as myself,it was brand new and had a "global" warranty,he saved close on $6000.00 on the UK list price.Honda did a recall on the bikes as there was a problem with the frame,he took his bike to a honda dealer,recieved a "loan" goldwing whilst his was repaired.
the UK bikes do have a slightly better warranty but the worlwide warranty does apply to all bikes,the same goes for cars to,i priced up a discovery and it was $10000.00 cheaper to buy it in Holland than it was here in the UK.
as for your mechanic,if it was me id go find another one
fdeoreo wrote: - now it is "a formula for disaster" to flush your engine? sorry but that appears to be the opposite of what my manual tells me to do after every saltwater outing. these are obviously complicated engines that must not be intended to be owned by mere mortals. LOL.
francis joshua
Wow bringing up an old memory!!
He (dealer/poster) was implying I ran the motor (without water)...not that I was flushing it. I mentioned I got new batteries to his rigger and flicked the key for a moment to confirm a good connection. Apparently that got converted into me running the motor in the driveway. I know enough to not run a motor without water! LOL This is not my first boat! Ran a decade on the factory impeller on our old powerboat.
Oh well, ancient history at this point. Motor is doing well 2 years later.
I too had the problem with the gear linkage rod on my Honda 50. I change my own impellers and did tighten the two nuts together after assembly and then while I was out on a trip the nuts vibrated loose and all I had left was reverse. I found the problem and made sure to add LOCTITE to the threads, have had no further problems.
I have also stopped using Ear Muffs for flushing the engine on my Honda 50 as I have burned up 2 impellers because the muffs don't send enough water up the pipe. I now fill a bucket I got from Lowes.
This linkage is one thing that needs to be loosened and disconnected when replacing the impeller (ie required to remove the lower unit). If you had this done recently (should be done annually) you may want to go back to your mechanic and raise a stink.
They are three diff companies. The US Honda does not make $$ when you buy a Canada motor and will not be reimbersed by Honda Japan. There is no warrenty on grey market motors. Don't buy a motor from one of the companies that sells them. Check with care as Honda prices are much lower in Canada for dealers. Good luck with the motor repair shop. But if they sold you the motor, give US Honda a call and thay might put pressure on the dealer. He is most likely a real Honda dealer and just got some cheaper motors from grey market?
Nonetheless - Paul's pix indeed raise, for me, a real question of merchantability. If a court believes that he just recorded those defects ... and was not responsible for them ... he should be able to win corrections or reverse the sale.
