brand new Yamaha 250 four stroke

[clanton]

Re: brand new Yamaha 250 four stroke

I dont think that FS 681.103.(1) applys to boats and outboard motors, only motor vehicles. Marine dealers not required to reg with Florida Dept of Agriculture, which issues the dealer/repair shop number. Unless it changed last year.

 

[Forktail]

Re: brand new Yamaha 250 four stroke

The bottom line is that this consumer purchased a brand new outboard. He probably signed papers indicating this was a new product, ready to use. He paid for the warranty.<br /><br />As far as the consumer is concerned, the outboard immediately had a serious problem. Since the consumer did not cause the problem, it is irrelevant to him who did. And under his warranty rights when the dealer fails to make it right, the consumer must look to Yamaha. It's spelled out right in the warranty guide, along with Yamaha Corporation contact addresses and phone numbers. There is an arbitration process as well.<br /><br />The fact that the dealer made the mistake is between that dealer and Yamaha. Yamaha can wipe their hands clean of the dealer, charging him for the replacement or pulling his dealership, but Yamaha can not wipe their hands clean of the consumer. Yamaha can not ignore the fact that this was a brand new outboard purchased with the impression it would work. They can not ignore the fact that this dealer is an authorized agent for them and representing them respectively.<br /><br />The way to play this with Yamaha is to tell them you bought a brand new, unmodified outboard that is defective. You don't know what's wrong or what cause the defect, only that you want it replaced. Tell them your dealer won't resolve the problem to your satisfaction, and you are holding them responsible for breaching your warranty contract.<br /><br />Heck, the dealer (recognizing his mistake) probably didn't even call Yamaha.<br /><br />clanton, you're probably right. My point with the example of Flordia's statute 681 is that dealers, as authorized agents and service agents for the manufacturer, are treated as one as far as the consumer's rights are concerned. Everything the manufacture implies, goes through the dealer. Everything the dealer does must comply with the manufacturers direction. And when the dealer can't comply with the warranty, the manufacturer must be held responsible.<br /><br />tax33911 made a good point. But in this case, the consumer had no idea that his outboard had been modified one bit. He was expecting a brand spanking new factory outboard, without modifications, and ready to roll.

 

[taz33911]

Re: brand new Yamaha 250 four stroke

I understand what you are saying forktail but what I was saying is no matter who is at fault in the end he is not satisfied with the boat.from what I read the dealer is at fault for a dumb a#* mistake but in the end Yamaha won't want to pay for it the dealer screwed up .Under pressure to get finished I have missed things but it was caught by the dealer but it is always something small. Not something that would cause engine problems, like forgetting to double check behind everybody else that was in the boat for all the cushions were in the boat or everything was cleaned up , or something like that . look I feel for the guy he bought a boat thinking Everything was perfect but one person forgeting something can mess everything up.In this case something was forgotten and they are playing the blame game .The dealer needs to lose the guy that made the mistake and pay up it is cheaper to buy this guy another engine than lose customers because this guy starts telling people he is mad with this dealer.I don't have anthing against YAMAHA love their engines ,easy to install test ran a lot of boats I like yamaha the best.Sorry for getting long winded here but hate to see people get screwed around by dealers that mess up and won't fess up that is my .02

 

[BigFellaQld]

Re: brand new Yamaha 250 four stroke

Forktail, you are incorrect. Warranty is the repair or replacement of parts that fail, as a result of a manufacturing fault, or defective materials. The fact that the dealer left a bung out is nobodys fault but his. Personally, I find it difficult to believe that the dealer missed this on the pre-delivery service, and even more incredibly, that the owner didnt notice for 15 hrs operation. I dont know about you guys, but in Australia, when we do the pre-delivery, we have a checklist to go over with the customer, we then sign it, as does the customer, so things like this are not omitted<br />Regards, Paul

 

[clanton]

Re: brand new Yamaha 250 four stroke

The dealer should have insurance to cover his mistakes. Yamaha should be involved, because when the electrical system needs to be replaced, because it had a 15 hour saltwater bath, they may balk at a warranty claim, for corrosion.

 

[Forktail]

Re: brand new Yamaha 250 four stroke

I agree taz. It does look like the "blame game" between Yamaha and the dealer. As a result the consumer is being left out in the cold. Of course the dealer should be responsible in every way. But unfortunately for a consumer to pursue this he must exercise his warranty rights. To do this he must first exhaust his efforts with the manufacturer as spelled out in his warranty. The warranty states that when you are not satisfied with the dealer, you must contact Yamaha. And when Yamaha doesn't cooperate or take care of the problem with the dealer, there is usually an arbitration process. Most states require that the consumer contact the manufacturer and use the arbitration process prior to any type of litigation.<br /><br />"Forktail, you are incorrect......The fact that the dealer left a bung out is nobodys fault but his."<br /><br />I agree that it is the dealer's fault. The point is that the dealer is not taking care of the problem properly. And therefore the conusmer must pursue the matter with the manufacturer. If Yamaha can't get this settled, then off to court.<br /> <br />The fact that the dealer signed off on the pre-delivery check reinforces going through Yamaha. Some of the things on that check list include:<br /><br />* test run the outboard<br />* checked the outboard for proper pumping of water<br />* check for superficial damage or missing parts<br />* check for loose or missing nuts and bolts<br /><br />The dealer, by signing the checklist, indicated the motor was properly set up according to the manufacturers requirements. This engages the factory warranty. Once the consumer pays for the outboard the warranty becomes his. He assumes he now has a new outboard free from defects, ready to use, and covered under warranty for any defects thereafter. The consumer is not a mechanic and he had no agreement for any type of modification or tampering. He only knows that in order to meet his end of the warranty agreement, he must operate and maintain the outboard per his owner's manual as his warranty states.<br /><br />The manufacturer must be involved and held responsible to some degree on this. Otherwise every time a consumer has a warranty claim, the manufacturer could just blame it on the dealer.

 

[Steven King]

Re: brand new Yamaha 250 four stroke

Well an update.....<br />We took the boat to the coast on Sat. morning, Yesterday. Upon some advise to run the boat not just let it sit while we argue. I put the boat in by 6:00 am est. Started it and it idled fine....... <br />I put it in gear and it reved up to 2500 rps while in gear... I almost climed over a bass boat! Thank God I killed it! The boat is stuck in gear! I cannot even try to start it as it is frozen in gear and throttled at 2500 rpm's. This is the 1st time I have run the boat since The dealer cleaned it up and said it is ready to go!.<br /><br />HELP HELP HELP HELP HELP HELP HELP HELP HELP HELP!

 

[ob]

Re: brand new Yamaha 250 four stroke

Doc , the best help that you can possibly obtain from this forum is painstakingly spelled out above.Apparently many of these posters went to lenghth in obtaining primo advise.If the manufacturer will not pressure dealer to make good you need to seek legal advise.

 

[Forktail]

Re: brand new Yamaha 250 four stroke

Yikes! Don't run the outboard further, no matter what your dealer tells you.<br /><br />After this last incident you have even more ammunition. Simply refuse to accept and operate the motor entirely. It is now a life threatening safety issue. Yamaha must get involved.<br /><br />First, I would not communicate with that particular dealer any further at all. He continues to screw you and your outboard. Secondly, I would call Yamaha customer relations department (don't have your dealer do this) and explain your problem to them, stressing the safety issue and the problems with this motor from day one. 1-714-761-7439. Tell them you will settle for nothing less of a new outboard. Tell them you will not return to that dealer again and you will not settle for a repaired motor and take another chance with your safety. If they will not immediately resolve the concern with a new motor, ask them for a dispute settlement application. They must send you one. This gets the ball rolling and your situation will become a case before a volunteer consumer advocate arbitration board. Yamaha will be bound by their decision, which in this case is cut and dry IMO.<br /><br />Finally, while you are trying to get this straightened out with Yamaha, call the Attorney General (above posts) and pursue Flordia's Lemon Law.<br /><br />Some of this might take time, but be patient. It beats vasoline.<br /><br />All I can say is that whatever you do, do it now. Keep all records. Video tapes work great.<br /><br />What a bummer.