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Posted
hu huh u duhhhhh show me where your getting a cover for 375.00 maybe the canvas cover that protects the paint,you think the marinas gonna shop around its a call to the Yamaha dealer and a cover is ordered,you lost it ya gotta pay for it

 

 

Truth to be know, the probably took the cowling off of another motor that doesn't run and put it on the one that got lost and charged $800 for something they probably won't replace!

Guest skeeter99
Posted
hu huh u duhhhhh show me where your getting a cover for 375.00 maybe the canvas cover that protects the paint,you think the marinas gonna shop around its a call to the Yamaha dealer and a cover is ordered,you lost it ya gotta pay for it

 

 

here is the part number for a new yamaha 9.9 engine cover , but not available from yammy anymore

 

http://www.boats.net/parts/detail/yamaha/Y...7425-00-00.html

 

$46 u.s. so at most $150 canadian

Posted (edited)
here is the part number for a new yamaha 9.9 engine cover , but not available from yammy anymore

 

http://www.boats.net/parts/detail/yamaha/Y...7425-00-00.html

 

$46 u.s. so at most $150 canadian

 

 

It looks like that's the cowl to 1976-77 model... and would explain why it's so cheap, and no longer available from the manufacturer. :rolleyes:

Edited by GCD
Posted (edited)
I won't mention any marina name until I can (hopefully) prove that the top cowling does not cost $800 by getting actual price quotes from boat motor store or if any of you guys work in parts and know of the price once I get the part number.

 

If in fact the top cowling turns out to be significantly cheaper I'll post the marina name with OFC site admins permission as a public service to warn others to help them avoid the same trap.

 

If the top cowling is $800 from multiple quotes then I'll have to keep quiet and not post the marina name in the public forum and pay up.

 

I'll tell the marina name to those who want to PM me though. I would not want other to get into the same situation as I am in now.

 

Why would you want to protect their name? Even if the cowling is worth $800; I would still say it is their responsibility. The only way it could be even partly your responsibility is if you had removed the cowling at some point. Then they could say that you may not have re-installed it properly and that is why if fell off. If you never removed the cowling at any point that it is absolutly 100% their fault... and it would be 100% their fault even if they hadn't admited, or even known about the cowling being loose.

 

Since they knew the cowling was loose, it is bordering on fraud to expect you to take even partial responsibility for it.

 

As for signing that everything is okay when you rented it. That would apply to visiable damage such as a large dent in the boat. You cannot possibly assess the mechanical condition of every part of the engine with it being thoroughly examined by an impartial mechanic; so I don't think that would hold up in court.

 

I would say they are deliberatly ripping you off and they know it. I cannot even begin to understand why you would want to protect their name.

 

p.s. Why are you expected to pay for a brand part to replace a defective one?

Edited by JohnBacon
Posted
I would call Visa and have them reverse the payment. Let them take you to small claims court. Also, if the price is significantly less than $800 for a cowling, you may want to cinsider fraud charges.

 

 

This is exactly what I would do.

Then offer to replace the cowling yourself.

Posted

Did you do anything to cause the missing cover to become loose? Did you remove it for any reason? The burden of proof showing you at fault seems to be the responsibility of the marina. I'd shoot this idea to your credit card company.

 

Maybe give the dock hand a chance to enter the discussion.

 

If you did something to cause it to fly off, pay. If you didn't do anything to cause it to fly off, don't pay.

Posted

I have thought about this a bit more after reading the responses and am starting to be swayed a bit from my original reply.

I guess that you might also have to consider the marina owners time in finding, obtaining, and installing the cover. As well as lost income as I am assuming that he can't rent that boat out until it is repaired.

When you get over the sticker shock and start to look at it carefully, perhaps $800 goes pretty quickly.

Jim

Posted
Did you do anything to cause the missing cover to become loose? Did you remove it for any reason? The burden of proof showing you at fault seems to be the responsibility of the marina. I'd shoot this idea to your credit card company.

 

Maybe give the dock hand a chance to enter the discussion.

 

If you did something to cause it to fly off, pay. If you didn't do anything to cause it to fly off, don't pay.

 

This gent has the right idea....

 

You rented a piece of equipment from an establishment that was supposed to be in good working order. It wasn't. Thats their problem.

 

If the motor blew or siezed, do you think the customer should be responsible? Stuff like this happens, thats why they charge so much to rent them, pays for the breakdowns too.

 

If VISA doesn't work it out.... you will have to pay the bill.... but be sure to take that marina to small claims court and get your money back!

 

Burt :)

Posted

You can swear to visa that you did not authorize the charge and they will remove it.

You did not authorize that amount so its the truth.

Call the rental outfit and tell them whats happening so they don't use the cowling that they will no doubt want to return now.

Tell them you discussed it with a lawyer and you are under no obligation to them.

Posted

Did you get the insurance package when you rented the boat? I know the marina here that rents boats sent me out in a boat with a messed up lower end once. I turned right around. They tried to blame me and charge me as I didn't get the insurance. If I did i would smile and walk away. I did not pay for it as I did not get 50 feet from the dock with them watching me. I told them if they charge me their bill would for sure be bigger.

Posted

The standard disclaimer you signed would normally cover damage that was incurred as a result of some action or failure on your behalf, such as damage to a prop, skeg, or lower unit as a result of hitting a rock. The cowling flying off was totally a result of a hidden defect and sould not liable you unless you removed the cowling and subsequently failed to secure it properly. You have no moral obligation to replace it, and whether you have a legal obligation is highly questionable. The person renting equipment had a legal responsibility to provide equipment in good working order. The hidden defect of a loose cowling should not liable you even if you signed their disclaimer. Stop the Visa payment, go to small claims court. If you have a witness that can colaborate your story, especially a witness that can verify that the dock boy was aware of the loose cowling and was not concerned, then you should win. After all, if the dock boy was not concerned why would you be concerned? Right is right and wrong is wrong. You did nothing wrong here, stand up for yourself.

Posted

Unless you messed with the cowling...You got scammed ... period.

 

If their motor had a part (any part) that fell off without some sort of negligence on your part then they are responsible... in this instance I would say they are stiffing you for something that should clearly be part of their normal maintenance and repair as part of any rental agreement. You took on the motor in good faith to be in good repair ... you are not a mechanic .. you are a renter ... frankly I would also ask for a refund.

Posted

$800 seems to be priced high, but if the marina got the assembly right from the dealer then it may be what it cost. The marina is not going to shop the internet looking for the best price unfortunatly he will just call the dealership and order the parts and what ever it costs, it costs it dosn't matter to them there not picking up the bill.

Posted
You can swear to visa that you did not authorize the charge and they will remove it.

You did not authorize that amount so its the truth.

Call the rental outfit and tell them whats happening so they don't use the cowling that they will no doubt want to return now.

Tell them you discussed it with a lawyer and you are under no obligation to them.

When you sign the rental agreement you just authorized the charge

Posted
When you sign the rental agreement you just authorized the charge

 

 

No you didn't

You authorized any charges for what you broke. He didn't break the cowling, so therefore didn't authorize the payment.

 

I'm supposing he didn't mess with it, We still need to hear the answer to that question.

Posted (edited)
No you didn't

You authorized any charges for what you broke. He didn't break the cowling, so therefore didn't authorize the payment.

 

I'm supposing he didn't mess with it, We still need to hear the answer to that question.

If you drove away with a cowling on the motor, and came back with no cowling you lost the cowling, you pay. Sorry but when you signed the agreement you in fact are saying the motor is fine. If the cowling was broke it is your responsibility not to sign the agreement or have this repair needed written into the rental agreement before hand. Anyway good luck trying to prove your not responsible in front of judge. The rental agreement and the lost cowling will be all that is needed to close this case.

 

It's the same as when you rent a car, you do circle check of the vehicle and mark down scratches, dents and such, if you return with a new scratch or an over-looked scratch you are liable

Edited by canadadude
Posted
It's the same as when you rent a car, you do circle check of the vehicle and mark down scratches, dents and such, if you return with a new scratch or an over-looked scratch you are liable

 

This situation would be more akin to the car door falling off while you were driving down the highway. I wouldn't expect to pay for that if I rented a car and I wouldn't pay for for cowling the flew off the motor when I rented the boat.

 

Likewise if you return the boat with a big dent that wasn't there, you would be responsible.

 

When you rent a car you sign that the car does not have visable damage. I.e. scratches, dents, etc. You don't sign that it doesn't have mechanical problems... only a mechanic who gave thorough examination of the vehicle could attest to that. I don't see why a boat would be any different.

Posted
No you didn't

You authorized any charges for what you broke. He didn't break the cowling, so therefore didn't authorize the payment.

 

I'm supposing he didn't mess with it, We still need to hear the answer to that question.

 

Did it have a cowling when he left? Did it have one when he returned?

Come on man, what is the marina owner supposed to think, I mean honestly.

I don't think the discussion is whether or not he is liable, but more what is a reasonable amount. No?

Jim

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