rickster Posted September 23, 2009 Report Posted September 23, 2009 I just checked my Visa bill and I was charged almost $800 for a Yamaha outboard motor 9.8HP Top cowling. I'm flabbergasted and I called a few boat part stores to get a part quote but they are closed now. I'll call again on Monday. I thought I would check with some of you guys to get an indication if that is anywhere near the correct price. I'm going to have the repair part invoice sent to me so I'm sorry I don't have the year of the motor or the exact part number yet. do you know what year the motor was i will find out what the cowling is worth when i go into work tomorrow
John Bacon Posted September 23, 2009 Report Posted September 23, 2009 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 I cannot understand why you would think that way. They knew the cowling was loose when the they rented the boat out. Should they not be able to figure out what happened when they see him coming back sans cowling... before he even gives them his story? Your saying that a marina can knowingly rent out a boat with a loose cowling and not take any responsibility when if falls off??? ...and then expect the customer to pay for a brand new part to replace the defective part that they had??? They knew the cowling was loose and they rented it out anyway. Let them deal with the consequences.
canadadude Posted September 23, 2009 Report Posted September 23, 2009 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. you bring a rented car back with no door your paying for a new door...........this is why god invented insurance, you gotta learn life isn't always fair and when you rent something it's your responsibility to return the property in the same condition it was in when you took posession
2 tone z71 Posted September 23, 2009 Report Posted September 23, 2009 ive been around boats all my life,giving the weight for noise reduction and sleekness of todays cowls and the speed a 9.9 can travel on im presumming a 16 ft rental,I have a hard time beliving it FLEW off
ADB Posted September 23, 2009 Report Posted September 23, 2009 (edited) ive been around boats all my life,giving the weight for noise reduction and sleekness of todays cowls and the speed a 9.9 can travel on im presumming a 16 ft rental,I have a hard time beliving it FLEW off Yeah, but how old was the motor he was actually using? I doubt it was a 2009. Besides, it was obviously loose to the point that the dockhand understood right away what had happened when he got back to the marina. Edited September 23, 2009 by ADB
tomkat Posted September 24, 2009 Report Posted September 24, 2009 Never in a million years would I pay 1 cent for that cowling. If they rent junk let it be a lesson to them. It was due to lack of maintenance. Maybe in future they won't put people in this situation if they have to pay for it. I'm sure they would find the cheapest used one they could and pocket the 800.00
John Bacon Posted September 24, 2009 Report Posted September 24, 2009 you bring a rented car back with no door your paying for a new door...........this is why god invented insurance, you gotta learn life isn't always fair and when you rent something it's your responsibility to return the property in the same condition it was in when you took posession Maybe, maybe not. My credit card would already be cancelled before they found out about it. They could take me to court and if they won they could try and collect.
bassdreamer Posted September 24, 2009 Report Posted September 24, 2009 I lost my 60 yammy cowling in 2004 when hit a rock,i went threw my insurance company and it was 1000 dollars.It took about four months to get it shipped from overseas.
Syn Posted September 27, 2009 Author Report Posted September 27, 2009 (edited) Hello all, I've been so busy this week finding odd jobs to make money for this Visa suprise. Talked to a paralegal, talked to the marina owner, my fishing partner (who was a witness) called the marina too once he heard about the $800 charge. Now I've read many of the posts here and listened from friends advice and thank you all for the replies, there sure is a wide range of methods of resolution. My decision of what to do is based on my financial situation as well as the moral values of my upbringing. I can't just walk away and shirk off all responsibility, cancel my credit card and have the marina chase me through small claims court. To me thats just wrong. At the same time I can't just let the marina walk away either and let me to take the punishment for their "hot potato". If the cowling did not fall off on my trip it would have likely fallen off on some poor fisherman in a future rental. I'm glad to say I was just called by the marina owner and we have worked things out so that we are both satisfied with the solution. We split the cost down the middle, so each of us pay $400. $400 is better than $800. Facts: I left the marina with a cowling and returned without one. I did not fully inspect the motor and boat before leaving the marina. All I did is start up the motor, let it idle to warm it up and we headed off. I should have been smarter and realized I could have used the net to try to scoop it out of the water when the cowling was sinking. I started to unbutton my shorts and was ready to dive in but the waves and wind put too much fear in me. I think that was a wise move though, I could have drowned. Knowing the cowling on that boat was loose on a previous trip a few weeks back I should have remembered to check the cowling or brought duct tape to tape it up. But I could not have imagined the cowling would have come off. At first I thought we were hit by a bird or the motor had exploded. I was in shock to see a naked motor when I turned my head. Ironically the thing I always worry and watch out for on a boat rental is the prop, and if that had fallen off instead of the cowling, it would have been cheaper to fix. I thought a cowling was worth about $80, dock hand quoted me $100 or less. Go figure, a plastic shell and decal $800. Marina owner admitted on the phone on Tuesday during a conversation with my fishing buddy that the cowling on that boat is "wobbly". So now that is two people: dock hand and marina owner admitted it was not totally secure. Should the cowling fit securely like two halves of a kinder toy plastic egg shell??? The picture of the cowling in this thread shows a clip on the back side of the cowling, was it unclipped? I don't know because I could not see it from sitting in front of the motor. Yamaha: Should be sued by everyone who ever lost a cowling due to accident, act of god, or simply if a mechanic working on his boat at the dock drops it in the water. Why does the cowling NOT freaking FLOAT?????? Could have saved $800 due to not having a piece of Styrofoam built into it. Just looked up a cowl for a 9.9merc, $560 w/o decals, probably another $100 for decals and then labour to install them. I'm afraid that $800 is reasonable, since Yamaha parts are always more money. Marina owner sent me the invoice and receipt. It is totally legit. $800 is what it costs. Crazy price but true. Maybe you could find a used one to give to them. If it had been a computer part, I would have done that in a split second and got them the best price on the item. I know nothing when it comes to marine, not even where to start or if I'm getting ripped off. The marina owner could have replaced it with a used cowling, its a rental after all, not a customers boat. 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? I know in my heart these marina owners are good people. Money is what causes problems even between friends. I talked with them and their staff many times during the summer, we were there every week like clockwork. We got along very well. I would not want to hurt them financially forever because when the name gets out publicly on the internet its out there forever. If you want to Pm me then I will tell. Anyone goggling would find this thread. I don't think they left the cowling loose on purpose, imo either the cowling could be replacement from another similar motor or maybe the clip is broken? or maybe the motor is old and the cowling loosens off naturally???? I've seen boats fly around on Gpool many times faster than us (9.8hp vs 50hp, 100hp) while we were fishing in the same conditions and they were hitting the same waves and their cowling never fell off??? 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. I think it is something I didn't do that did contribute to the cowling coming off and I learned my lesson the hard way. When some one rents you something to use check it over thoroughly before leaving the marina. All I did that day was start her up and off we went fishing for pike and muskie. I touched the steering handle and pull cord. Cowling was not touched by anyone in fact, not even the dockhand. Al he did was fill us up with some gas, I was already in the boat so I strted it up to save him the trouble. He never checked the cowling either. I doubt the dock had would come to my rescue in a court case. He's has a job and his money from the marina not me. 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 I'm applying to the military so I can't have an upcoming small claims court date or they won't let me start BMQ. Also credit issues would also be discussed at the military interview by the recruiter so that won't look good. 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. I don't remember any insurance papers but I will be sure to ask net time. I want to try georgian bay next time. do you know what year the motor wasi will find out what the cowling is worth when i go into work tomorrow Thanks for the offer, much appreciated ,but its all worked out now. ive been around boats all my life,giving the weight for noise reduction and sleekness of todays cowls and the speed a 9.9 can travel on im presumming a 16 ft rental,I have a hard time beliving it FLEW off I was in shock when it happened too and said "oh my God" a few times in disbelief. Water conditions were not great that day, windy and I was going over some bigger waves so it was not like we were puttering around in flat bathtub water. I wonder what the marina owner thought. But he did admit later that the cowling on that boat does "wobble" and the dockhand was not suprised when we came back. If you have the time leave you cowling loose or maybe unclip it and go over some wakes on a windy day and then let me know what happens. Yeah, but how old was the motor he was actually using? I doubt it was a 2009. Besides, it was obviously loose to the point that the dockhand understood right away what had happened when he got back to the marina. Not new at all, looks well used. I don't understand why they did not just try to find a used cowling for the rental. A new cowling probably cost more than that motor. But I can't dictate to them where they buy from so they have every right to buy brand new. Edited September 27, 2009 by Syn
Greencoachdog Posted September 27, 2009 Report Posted September 27, 2009 I'm glad you got things worked out to your satisfaction Syn, but $400 is still too much in my book... I found yammy cowlings online for less than $300, but if you're have... that's all that counts!
Syn Posted September 27, 2009 Author Report Posted September 27, 2009 I'm glad you got things worked out to your satisfaction Syn, but $400 is still too much in my book... I found yammy cowlings online for less than $300, but if you're have... that's all that counts! Yep, $400 is still money I could have put towards a laptop computer. Morally I think I did the right thing and I can sleep well at night because I don't think I was 100% blame free. Yamaha should be held accountable for at least $250 imo. Non floating cowling bad design! I met the Yamaha president in the east end of Toronto last year. I might write him a letter! I may or may have not won a court case, sometimes it could all come down to if the judge likes your face or not and that determine if you win or lose. I did not want to go to court and neither did the marina owners.
canadadude Posted September 28, 2009 Report Posted September 28, 2009 Cowlings are designed to be on the motor not in the lake, the design is fine for the purpose of what it is designed for. I've had outboards for 35yrs and never droped a cowling in the lake,I have lots of friends who have outboards and never lost the cowling.I would think floating cowlings would be at the bottom of the list for outboard motor designers.
Jack-of-all-fish Posted September 28, 2009 Report Posted September 28, 2009 Honourably resolved Syn!! Jack.
DanD Posted September 28, 2009 Report Posted September 28, 2009 I know that you have already agreed on a settlement with this and probably just want to try and forget it. But I still think you’re getting the short end of the stick here. Now I don’t know if there is any type of insurance that a rental company could purchase; to cover this type of issue? But I sure do know that if it were covered; the insurance company wouldn’t be buying him a brand new cowl. Not without the marina owner paying a good chunk of betterment towards it. It was a used cover and that’s all he’s entitled too get; loose/broken latch and all. I see this happening all the time to my customers; for things that are out of their control, like vandalism on their vehicle. Tires are a good example; the vehicle shows up here with slashed tires; the first thing the insurance adjuster wants to know, is the depth of the remaining tread. If the tread is only 4/32 remaining and new is 11/32 that’s 75% of the tire that’s worn away. The insurance is only paying for 25% of the new replacement tire; they’re not going to improve the vehicle; only pay for what it was. I would call him back and tell him you’re willing to pay half, for a used cowl. Some of the other replies from the people here make it sound like used cowls are out there to be had; even if you had to pay shipping; you’ll likely be money ahead. With all that being said and the new cowl is already installed; I’d make sure that it actually was and have my own decal to stick on the thing. SPONSORED BY SYN!!!!!!!!!! Dan.
Kerry Posted September 28, 2009 Report Posted September 28, 2009 Syn, Your future plans as statedare far more important than what could have transpired had this gone on.You took the right path got it halved and both parties may have learned something from it.May the fish gods forever smile upon you! Kerry
Chris Posted September 29, 2009 Report Posted September 29, 2009 Glad to hear you are happy with the outcome. I would have never paid a cent. They would of had to take me to court. Sounds like crappy maintenance of their own stuff.
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