Public Mediation

Falty Workmanship

R. L. vs. Maritime Services, Llc
1110 Highway 360, Vonore, Tennessee, 37885, United States
Amount Involved: $2,534.49
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
    • View response from: Maritime Services, Llc
    • Claimant Seeks: View.
    • Claim #: 29045
    • Amount Involved: 2,534.49
    • Filed On: Jul 11, 2010
    • Posted On: Jul 26, 2010
    • Complaint(s):
      • Questionable Business Practices
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Statement of Claim
Complaint Involved (1) - View
What Claimant Wants Hide
1. Recovery of Losses: boat repair Aug 12, 2010 $2,534.49
Cash total : $2,534.49
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • I disagree with the explanation / grounds provided

    "To whom it may concern,

    On October 7th, 2009 Roger Looyenga contacted us and requested we winterize his boat and personal water craft.

    On October 19th, 2009 we performed winterization service on Mr. Looyenga’s boat and personal water craft. This service was provided to prevent damage due to freezing temperatures and to preserve the fuel for an extended period of non-use.

    Mr. Looyenga’s boat is stored at a small floating community dock near his home in Rarity Bay subdivision.

    Due to various configurations of engines, drives and cooling systems found in boats there are different procedures required to protect the vessel and equipment. If the vessel is stored in the water there are additional winterizing procedures that are used to protect the vessel against sinking.

    When a boat is stored floating on it’s own bottom, as Mr. Looyenga’s boat is, the cooling water inlet is often below the water level which allows water to gravity feed to the engine. Due to this condition it is necessary to disconnect the inlet water hose from the engine and tie it up at a level above the water level outside the boat to eliminate the possibility of the hose and associated components freezing. If any of these components freeze and crack it can sink the boat after thawing out by allowing water to gravity feed through the water inlet hose.

    Mr. Looyenga did not contact us in the spring to prepare his boat for use. Mr. Looyenga did not visually inspect his engine before starting his boat which should be done at every use.

    On May 25th, 2010 Mr. Looyenga contacted us by phone and informed us that he had called Madisonville Marine to repair damage that we caused. During a phone conversation with Mr. Looyenga we informed him that if it was determined there was a warranty issue we would take care of it but we would not pay for any work done by a third party. Mr. Looyenga refused to allow us to inspect or work on his boat and stated he would sue us if we did not pay for the repairs that were being performed by Madisonville Marine.

    In the following weeks we received letters demanding we pay for the repairs performed to Mr. Looyenga’s boat. We did not reply to Mr. Looyenga because we had already stated our position in regards to paying a third party for any work done.

    The engine in a boat should be visually inspected before each use to make sure no condition exists that may present a danger to equipment and/or operator such as water leaks, fuel leaks, or cooling system failures. Mr. Looyenga did not perform a careful visual inspection of his engine before starting it for the first time after being winterized. Mr. Looyenga made an assumption that he could use his boat without having it prepared for use. He stated that since we had winterized his boat the previous year and he did not have to do anything to start using it he assumed it would be the same this year. Our records indicate that we winterized his personal water craft in 2008. We did not winterize his boat any time prior to 10/19/2009.

    Mr. Looyenga’s invoice from Madisonville Marine indicates the technician that made the initial inspection readily recognized that the “main sea water pump hose was unhooked and tied up with a piece of string when customer started it and took off”. The hose is red in color and was tied up in a readily visible location that would have been easily recognized during a simple visual inspection before using the boat.

    It is our position that we do not have any liability in this case because:

    #1 - We were contracted to prepare Mr. Looyenga’s boat for winter storage and there is no damage to the boat due to conditions encountered during winter storage.

    #2 - We did not prepare the boat for use in the spring of 2010.

    #3 - Mr. Looyenga chose to have his boat repaired by another party.

    Sincerely,

    Jeff Black"

This claim will remain posted until resolved.

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  • Comment: by Mark O. — Online mediator
    • On: 02-15-2014
    View more
  • Rarity Bay a$$ holes su(k so does Madinsonvile marine
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