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Paikea's Tournament dispiute settled.


Paikea

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For those Raiders who have been following the saga of water in the sealed sections of my Tournament 18 I am pleased to confirm that recovering the cost of fixing the problem has been settled with the dealer who sold me the boat.

In my last post I noted that I had made an application to the CTTT for the full cost that I incurred in having the problem dealt with by a specialist fibreglass company.

Since the I received a telephone call from the dealer suggesting that we meet and discus resolving the dispute. I should point out that I have known the dealer for many years and have always had a cordial relationship with the Principal and his staff

Anyway following the discussion I accepted that at the time that the boat was sold to me neither the dealer nor myself could have been aware about the water problem. That is, everyone quite reasonably relied on the sealed sections of the hull being sealed when in fact, when hosing the interior of the hull water was able to get into (but not out of) the sealed sections. On that basis we accepted that neither the dealer or myself were at fault. Accordingly I offered to settle for 50% of my costs plus the fee that I had paid to the CTTT to lodge my application. The Dealer accepted my offer without question and we parted as friends.

On balance given the law re Statutory Warranties I am sure that the CTTT would have awarded me the full amount of the costs that I incurred in fixing the problem however I believe that sharing the cost was a fair resolution. That is, whilst "the law is the law" it is not always fair or just whereas I feel that the settlement that we arrived at was.

Thanks everyone who followed my posts on this issue. Your input and suggestions were much appreciated.

Cheers

Paikea

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