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boats were capable of surviving a complete swamping, (even my first sailing dinghy had buoyancy bags etc). Some motorboats and all the old sailing boats were self-righting in the event of a knock down or capsize. I am not so sure that this is now the case. Boat A clearly failed on several counts.


The owner was not at all happy, unsurprisingly, with his recent expensive purchase of a brand new boat that was out on one of its first trips, so he contacted the Agent (Importer) and received this reply:


“I write in response to your letter of --- ------- in which you purport to reject the above vessel and claim a refund for the full purchase price pursuant to the Consumer Rights Act 2015.


“This Company" does not accept your claim to reject the boat. No refunds of any kind will be made to you and we will not be collecting the vessel as you demand.


Claims by you that the vessel was mis-sold and not fit for purpose are categorically denied.


As a direct consequence of flooding, damage has occurred which is not a new boat warranty issue, or the responsibility of “This Company”-.


I strongly urge you to make a claim against your own boat insurance. Failure to do so in a reasonable and timely manner could prejudice your position in getting repairs done.


I must leave you in no doubt as to the position of “This Company” and I can confidently say that “The Manufacturer” agrees with us whole heartedly.


Another problem which has come across my desk involves Boat B, which had an inherent steering design issue. This appears to have been realised by the first owner, who as a consequence, and after very little use, sold the boat through the agent/dealer. As a lightly used example of its type, the boat sold quickly. During the pre-purchase process whilst on sea trials, the


steering problem soon came to light. The problem was brought to the attention of the distributor (now the importer) who declared that it was a minor issue and that having checked the system and replenished the oil, it was now safe to use.


Unfortunately, having taken ownership of the vessel this was found not to be the case, as the problem persisted. The boat will not track in a straight line and requires constant adjustments to the helm position. The problem appears to be a design fault due to a hydraulic helm system of one manufacturer being coupled to an on-engine driven hydraulic steering system of another manufacturer, as a consequence, we are told by the investigating engineers, the boat will require a whole new steering system to be installed.


In both the above scenarios the dealers, or importers, or agents (depending on your take of the rules) have denied responsibility and, so far, the manufacturers have not accepted any liability either.


The Boat B owner with the steering issue received this response:


“We have discussed this within ----- --- and all things considered we do not feel that we are in the wrong. We have followed the standard brokerage protocol throughout, as for any other second hand boat.”


So, there are two very unhappy boat owners, one of whom had been through a similar situation before with his last boat. His boat had been factory fitted with the wrong propellers, which had only been discovered during pre-purchase sea trials, but the defect was denied by the agent/broker, of course.


It seems the customer is not always right. What ever happened to good old fashioned customer service? As the surveyor involved with both these vessels, I am very disappointed with the standards of customer service and care demonstrated by those involved.


Another case brought to my attention recently involved the proud owner of a 20 metre sailing yacht who was tempted by the promise of a set of sails which would provide “increased performance, sexy glittery looks, and the promise of increased longevity”. The distributor (importer) stated that they would “never wear out!!” (A bold statement if ever there was one).


Needless to say, the sails did wear out, but more importantly, they wore out after what would be considered very little use. Rather than replacing the sails the response from the dealer was to offer the owner a discount on another set of sails, a slightly better response than the previous two, but once again falling short of what could be considered as good customer service.


I must now refer you back to the Rules and Regulations at the opening of this article.


Before placing a vessel on the market a Manufacturer must:


- Design and manufacture it in accordance with the essential requirements.


- Draw up a declaration of conformity and ensure that the conformity assessment marking is followed by the identification number of the approved body. Manufacturers must take action where they have reason to believe that any product is not in conformity with the Regulations (either to bring the product into conformity, withdraw it or recall it); where there is a risk to consumers they must inform the relevant MSA. In GB this is local trading standards authorities. Manufacturers must take appropriate corrective action and co-operate with the enforcement authority.


An Importer is a person or business based in the UK who places products on the GB market from a country outside the UK. This means that a UK business which acted as a ‘distributor’ before 1 January 2021


70 | ISSUE 115 | MAR 2026 | THE REPORT


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