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Hi, In December of 2010 I purchased and had installed an engine

 
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  • Answered by:Daniel
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Hi, In December of 2010 I purchased and had installed an engine and sterndrive package to my boat. The company is a reputable boat business and initially I was reasonably satisfied with the job.The package cost me in excess of $30,000. Soon after the "miserly" warranty of 12 months expired [3 months after] , and only 100 hours use, my engine suffered a brocken part which resulted in some pretty major repairs. I contacted the business in question,and they said that they would "take care of it and not to worry". The engine was in fact repaired to my satisfaction, but to my dismay I recently received a bill for $1540.00.When I queried this they said that "MERCRUISER" had agreed to pay for the parts but not the labour. I feel that a piece of equipment such as this should have lasted much longer than 15 months. Do I have a case? and can you help me? Thanks, Barry.

 

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State/Territory: WA

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Submitted: 329 days and 23 hours ago.
Category: Australia Law
Value: AU$71
Status: CLOSED

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Expert:  Daniel replied329 days and 23 hours ago.

Hello

The issue here is the time, as upose to the usage.

The warranty is 12 months. That is on the presumption that you would use the engine more than 100 hours of use.

In basic terms, i would argue that the 100 hours is not long enough and should still be under warranty.

Further, the representation that they said 'sure, we will take care of it' in literal terms means = we will take care of it. This is far removed from 'hey we will take care of it but you need pay for the labour, which alone is $1540.'You would not have taken it there had you known.

I would contact consumer affairs and make a formal complaint on the basis of:

1. As the engine has only run for 100 hours, thus the item is faulty and inside the guidelines of a warranty.

2. They had told you that they would take care of it and you relied on this representation. You had no idea that they would charge you labour, let alone a bill for so much.

Please accept.

Expert TypeSolicitor
Category: Australia Law
Pos. Feedback: 89.4 %
Accepts: 2296
Answered: 6/27/2012

Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

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