Blog 2021

How To Exercise Your Consumer Rights

There are several critical steps that are the boat owner's responsibility, which will improve your odds of a successful resolution. Importantly, you have to create a legitimate paper (or digital) trail.

1. Act quickly. The longer you take to contact a company's customer service, the worse it looks. Also, problems tend to compound over time. By simply reporting an issue while under warranty, you'll have an opportunity for remediation even after the warranty has expired. If you have a problem but the product is a year out of warranty, technically the company is still supposed to solve the problem, but only if the same problem was first reported while under warranty.

2. Document, document, document. When you have a problem, immediately write a letter or email to the company. Don't call. Putting your complaints in written form formalizes your outreach, and the date, proving that you asked for help while the product was under warranty. Send an email, even if it's just a small problem, because it could later become a larger problem. In addition, keep all repair invoices and maintain a written log of the problems, recording pertinent details like fuel consumption, handling ability, and so on. Also keep a log of all of your communications, including phone calls. You'll be glad you did if you need to escalate later. Remember, when getting a problem repaired, usually the only way to get reimbursed later from the manufacturer is if you use a repair yard or company certified by the manufacturer.

3. Don't threaten to sue or post your complaint on social media. Avoid saying you're going to get a lawyer or go online and tell everyone you know. That shuts down your lines of communication. Instead, document everything.

4. Go out and use the product. Often people will discover that the boat or product had a problem after the warranty expired but they hadn't fully tested it prior. Be sure to use all the capabilities of a product and test it while it's new. This will help catch any issues while the product is under warranty. This is also good advice after a repair that comes with a warranty. If you wait too long to test the repair, the warranty may have expired.

Know Your Legal Rights

Here are some steps you can take if something breaks or doesn't work properly, and you feel the problem is with the product, not with the user.

If you've ever purchased a new boat, only to discover there's something irretrievably wrong with it, you may have thought, "I've got a lemon."

We've all heard about lemon laws, but what most people don't know is that state lemon laws typically don't cover boats.

State lemon laws are often limited to cars, SUVs, and trucks, and vary by state.

Boats fall under the Federal Warranty Law (aka Magnuson-Moss Warranty Act), passed by Congress in 1975, the federal law governing consumer product warranties. The act requires manufacturers of consumer products to clearly describe the terms of a warranty and make that information easily accessible to the consumer. There are two kinds of warranties: express, which is clearly stated, often in writing; and implied, which is usually in the absence of an express warranty and means a product should work.

When a product doesn't work, the first step is to look at the warranty from the manufacturer.

The warranty has the terms and conditions and describes how to get help. It's a promise or guarantee from the manufacturer to the consumer, and as such are governed by general contract law. In the case of a dispute, warranties are typically enforced according to their terms.

If a new product doesn't come with a warranty, it's usually covered by an implied warranty under state law.

All states, with the exception of Louisiana, have enacted Article 2 of the Uniform Commercial Code (UCC). Under UCC, sellers, by default, provide buyers of goods with implied warranties, such as warranties of merchantability and fitness.

A warranty of merchantability means the seller promises that the product will do what it's supposed to do — for instance, that a 65-hp outboard will run. A warranty of fitness applies when you buy a product on the seller's advice that it's suitable for a particular use — for instance, that a wakeboat is powerful enough to enable a person to surf behind the boat.

"Boating during COVID-19 is one of the safest — not to mention most enjoyable — things you can do this summer," says Colleen Richardson, director of Discover Boating.

"As annual traditions such as camping and sporting events have been canceled, more Americans are drawn to the water. It doesn't get more socially distant than boating with loved ones. Studies have shown it's a bastain for mental health.

Keep these smart guidelines in mind so that we can protect one another:

• THE VELVET ROPE: Restrict those on board to immediate family or to close friends you're confident are playing it smart in their daily lives. If you or a family member are immune-compromised, go boating only with the people with whom you live.

• NO DILLY-DALLYING: This is not a typical summer, so be efficient going from house to boat, to back home. Minimizing contact with others can make a big difference.

• NO RAFTING UP: Do we really need to say that? The same goes for beaching proximity.

• BE CONSIDERATE: Wear a mask and stay 6 feet apart when chatting with the marina crew. At the fuel dock, maintain distance, and wear a mask. Wear gloves, discard them after fueling up, then wash or sanitize your hands.

A float plan lets your family and friends know your whereabouts and, should a trip come to some form of grief, the plan will give the searchers a valuable head start locating your boat.

Whether you are on the water for an afternoon or a month-long excursion, a float plan can be a lifesaver. You can get a copy easily online, fill it in and leave it with a spouse, other relative and/or a friend. You may even want to leave a copy with your marina manager.

The Float Plan starts with the basics: phone numbers to be called if the boat is overdue, a description of the boat, registration numbers, etc., that can be penciled in at the start of the season. Copies can then be made and details added before each trip.

Note: The Coast Guard does not accept float plans and should only be notified by your spouse or friend if there is a "deviation" (you are overdue) from the float plan.

Some Safe Boating Tips

Pro Tip: Always have a VHF radio onboard. However, having a  phone charger or external battery that doesn't depend on the boat for power has become an essential part of our Captain's equipment bags.

If your boat develops an electrical issue or a dead battery, you won't be able to charge your phone from the boat. But with an external battery you'll be able to keep your phone battery ready for use.

Also, know how to get your GPS location from a cell phone. We often get calls from people who don't know their location, even while using a cell phone to make the call. They simply don’t know how to share their location or retrieve their GPS coordinates on their device.

 Pro Tip: Carry two anchors aboard, in case one takes a dive unexpectedly.

 Pro Tip: Carry extra lines and fenders. Many new boaters don’t realize that you’ll need those lines and fenders to raft up with other boaters or tie up at waterfronts restaurants. Lines commonly aren’t provided (even at establishments with their own docks), and fenders are a must to prevent damage and to make sure body parts don’t get pinched between boats (a potential danger when rafted boats are not properly secured).

Pro Tip: Designate a sober skipper for your boat you’re not only protecting yourself, you’re also protecting all the other boaters out there. 

Chapman's Piloting & Seamanship

Boaters call this book “the bible” of knowing what to do out there on the waterways.

It is a doorstop-size 920 pages and is now in its 68th printing, boasting decades’ worth of knowledge that new and experienced skippers have acquired while running boats on lakes, rivers and offshore alike.

This book is filled with photos and diagrams, along with explanatory text, to help boaters at all skill levels understand everything from maritime rules of the road to safety tips and maintenance. There are sections on weather, tides and currents, along with sections on navigation skills, anchoring and more.

Really, the joy of reading this book or passing it to a loved one or giving it as a gift to a new boat owner is not just that he’ll be thrilled to learn about becoming a better skipper, but also that you’ll be a whole lot safer the next time he invites you on board for a trip.

Decoding a HIN

A typical hull identification number consists of 12 letters and numbers, as in ABC12345D404.

Here's what the letters and numbers mean:

• ABC: This is the Coast Guard-assigned manufacturer identification code (MIC). Go to the U.S. Coast Guard Manufacturers Identification page online to access the MIC database.

• 12345: This is the serial number assigned to the hull by the manufacturer and may be a combination of letters and numbers. The letters "I," "O," and "Q" are excluded because they could be mistaken for numbers.

• D: This is the month of certification, indicating the month in which construction began. "A" represents January, and "L" represents December. In our example, "D" means April.

• 4: This is the year of certification. The number is the last digit of the year in which the boat was built. "4" would designate 2004 for example.

• 04: This indicates the boat's model year.