Scott Marine Surveyor Blog

Service contracts, regardless of what they're called, aren't warranties. A warranty is a guarantee, usually in writing, by a seller or manufacturer, stating that it will stand behind its product in a specific way for a specific period of time. Although companies are not required to warrant their products, federal warranty law creates specific legal obligations when warranties exist. These obligations help consumers in a big way if a product is defective or if the manufacturer doesn't live up to its obligations.

Take, for example, a marine engine that breaks down due to a faulty water pump. If the engine is under the factory warranty, the manufacturer will replace the pump and cover damages caused by overheating. Say the manufacturer got a bad batch of pumps and the replacement fails for the same reason — or even a third failure occurs — a reputable manufacturer will take care of it, along with the attendant damage.

Suppose, however, that the first water-pump failure occurs after the factory warranty has expired and only the extended service contract is in effect. Water pumps usually are covered components, so the contract will handle repairs. But, damage due to overheating, regardless of cause, may be excluded from the policy. The manufacturer is unlikely to step in, even in the case of a pump that's known to be faulty, as the failure didn't occur on its watch.

Service-contract companies are obligated only to provide the services described in their contracts. Many contracts have maximum pay-out limits for the total number of claims against the contract or even for repeat failures of the same component. Limits are often based on the value of the covered product, in this case, the marine engine. Service-contract underwriters can cancel contracts when paid claims exceed the value of the engine. On the other hand, warranty law allows manufacturers to make a "reasonable number" of repair attempts before they're obligated to provide a replacement or refund. Before you buy a service contract, ask to see the actual contract, not the sales literature. The exclusions sections are often a lot longer than the "Items Covered" sections. Also, service contracts will not cover engine breakdowns resulting from shoddy workmanship, even by its authorized service centers.

Finally, as service contracts are essentially insurance policies, they fall under insurance regulations in many states.

However, not all states view them as such, so consumers may have little recourse if claims aren't handled equitably or if the company underwriting the contract folds.

UPDATE

In a statement released by the governors' offices Saturday, they said the marinas and other facilities would be allowed to open "as long as strict social distancing and sanitization protocols are followed."

The statement said that chartered watercraft services or rentals will not be allowed, and restaurant activity at these sites must be limited to takeout or delivery only, under restrictions already in place in the three states.

"Throughout this pandemic, we've worked closely with our friends in neighboring states to implement a uniform regional approach to reducing the spread of the virus," New York Gov. Andrew Cuomo said in a statement. "Aligning our polices in this area is another example of that strong partnership, and will help ensure there is no confusion or 'state shopping' when it comes to marinas and boatyards." 

“We’ve committed to working with our regional partners throughout this crisis to align our policies when and where appropriate,” said New Jersey Gov. Phil Murphy. “A unified approach is the most effective way to alleviate confusion for the residents of our states during the ongoing public health emergency.”

IN CASE YOU MISSED THIS:

Suffolk County Parks Department announced last Wednesday that no boats can be placed into county marinas before at least May 1, due to the corona-virus pandemic.

The delayed season opening date is subject to change, the parks department said.

An emailed notice that went out to owners of county slips read in part "Suffolk County Parks is closely coordinating with the county and state's emergency preparedness and response efforts. This was not an easy decision but a decision made to ensure the safety of the public and our staff."

The departments asks anyone with concerns to email them at SCParks@suffolkcountyny.gov.

A Sea Trial Is Not A Boat Ride

The purpose of a sea trial is to check the boat's systems, engines, generators, electronics, and other parts that cannot be inspected while the boat is not under commission or is "on the hard." The surveyor will need to pay close attention to the engines, helm, and systems, and how the boat handles. To get the most from a sea trial, leave the kids, dog, and Aunt Kate at home. They can get a ride on the boat later, assuming you buy it. Too many folks on the boat makes it difficult for the surveyor to do the job properly.

Surveyors Are Happy To Talk Things Over With You

Most surveyors are only too happy to talk to you about the survey process, especially if this is your first time employing a surveyor. They will also answer questions after the survey, so don't be scared to call them up if you see something in a survey report that you don't understand. Surveyors are on boats every day, but owners and buyers may not always understand some of the technical terms.

Relationships Are Important

Surveyors want to build solid relationships, because their reputations are at stake. There's a saying experienced surveyors tell newbies: You're only as good as your last survey. Marine surveyors are often independent businesses and want you to call them first when you buy your next boat and also to recommend them to friends and family. If you have a problem with a survey (or a surveyor) don't hesitate to bring it up

A Surveyor Works For You Only

You'll be paying the bill, so it's important that you understand that the surveyor reports only to you. He doesn't share his findings with anyone else unless you specifically request it. If you have a broker acting as your buyer's agent, then you may ask that the surveyor send a copy of the survey to the agent as it makes your broker's job easier if he's asking for things to be addressed. Keep in mind that a survey is only good for a specific time because it's really a snapshot of what the boat was like on a specific day. Old surveys should not be relied upon.

Make Sure The Boat Is Prepared

If you are asking a surveyor to come to your boat to perform an insurance survey, make sure that the surveyor has access. Don't expect him or her to empty out lockers of heavy anchors, bags of sails, and boxes of spare parts. The surveyor needs to look at the mechanical parts of the boat, and it causes delays to have to move tons of stuff out of the way. If in doubt, ask the surveyor what he needs before he arrives. He won't expect everything to be off the boat, but he will appreciate reasonable access. One client asked me to survey his 33-foot sailboat, but it turned out that the entire contents of a small apartment seemed to have been crammed aboard. If that wasn't bad enough, the boat also had a Great Dane aboard!

Don't Get In The Surveyor's Way

Most surveyors like it when the buyer is at the survey. They can answer questions and point out things of interest on the boat that may not find their way into the survey report. That being said, it makes the job slower if you hover. Allow the surveyor to do his job — you'll get a complete written report about everything he sees.

If your boat has a gasoline fuel tank mounted below decks, you should have a vapor detector.

Also known as "fume sniffers," vapor detectors monitor for flammable gases such as gasoline fumes.

Vapor detectors are mounted in the engine-space bilge, just above the slosh height of bilge water, with the sensor away from the hottest parts of the engine, such as manifolds. Vapor detectors are almost always hard-wired to the boat's 12-volt DC system. Usually, the unit has a control head mounted at the helm that will sound when dangerous fumes are detected in the bilge. The wire that connects the sensor to the head unit typically can't be cut because the manufacturer has calibrated its length.

Some vapor detectors can turn on the bilge blower when they detect a buildup, a smart option. The blower, of course, must be ignition-protected. Look for an alarm that is UL 2034 listed.

Vapor alarms should be tested monthly using the manufacturer's procedure. You can also test the sensor using a butane lighter by depressing the lever lightly to release a small amount of butane gas next to the sensor.

Replace vapor detectors after no more than five years, or right away if they become submerged.

If the alarm sounds at the fuel dock, it may mean that a large quantity of spilled gas is in the bilge; it should be dealt with by pros. Make sure everyone is off the boat (as they should be while refueling) and call 911.

Don't operate anything electrical, including the blower; it won't eliminate spilled gas. If it sounds while you're underway, call for help on a handheld VHF (less chance of sparking than an installed one) or a cellphone.

BASED ON AN ARTICLE IN BOATUS

According to Jeff Dziedzic, who operates TowBoatUS Mystic out of Mystic, Connecticut, engine failures are a large percentage of tows, but other mechanical parts fail, too, leaving boaters stranded.

Dead Battery

Batteries have a shelf life, though it can vary by years depending on how they're treated.

Dziedzic says that many times calls for dead batteries come from boaters who are trying to get a little more time out of a fading battery. "Some boaters know their battery is weak but just haven't gotten around to replacing it," he says.

"Sometimes batteries die because boaters leave on the radios (stereos and VHFs) or maybe a baitwell aerator, which take a lot of power over time." Dziedzic recommends checking your battery (charge level, electrolyte level, connections) once a month.

Don't take the chance that it will die right when you need it.

If it's getting weak, replace it. Nearly all batteries are marked with their manufacture date or warranty start date, and wet-cell batteries typically last five years or fewer on a boat. If you're prone to dead batteries, it might be a good idea to take along a small jump pack.

BASED ON INTERVIEW IN BOATUS

Butyl tape has been used successfully for years, and has numerous advantages. With adhesive strength similar to duct tape and about a tenth of the tensile strength of even the weakest curing sealant, butyl tape doesn't harden, but remains sticky and pliant. While that makes future disassembly a snap, butyl tape is still less likely to break its seal because it stretches. If a gap does open up, the still-sticky tape self-heal.

Cutting, fitting, and molding butyl tape can be more labor intensive than squeezing on a squiggle of Life-Caulk, but tape is far less messy, eliminating the need to mask. Compatibility with plastic, combined with a gasket-like and uniform application, make butyl tape the most reliable sealant for framed portlights. Butyl tape doesn't cure, so you can take all the time you need fitting hardware. Success is less dependent on technique than with the curing sealants. It's easier to control, seems unaffected by UV exposure, is relatively low in cost, and has a shelf life measured in years rather than weeks.

All is not completely rosy, however. The malleability of butyl tape changes with temperature, making it difficult to use in cold weather and prone to compression creep in tropical heat. Permanently sticky edges capture dirt. Butyl tape is not an adhesive — it can be used only for sealing hardware bolted in place. Don't use it with screws because rotating them breaks the seal. Petroleum products dissolve butyl tape, so it is a poor choice around fuel fills or vents. Likewise, its modest adhesive strength rules it out for use below the waterline.

Even for the uses where butyl tape clearly excels, the biggest problem is picking the right butyl tape. Primarily a construction product intended for sealing siding, windows, and roof panels, it's manufactured in hundreds of varieties, comes in a coil, not a cartridge, and is unlikely to be found at a marine supply store. The usual retail source for the individual user is an RV store. Even here, expect to find more than one type. Black is a no-no because it stains, but how do you decide between the soft one and the harder one, between the thin one and the thicker one, between the gummy one and the one that feels less adhesive? If you have experience with butyl tape or you're confident that you'll know the right product when you feel it, fine.

The application of butyl tape differs from the curing sealants. Here it will be better to apply the tape to the base of the hardware. Start by tearing off small pieces of butyl tape, rolling them into thin strands, and wrapping them around the bolts just below their heads to fill any gap between fastener and hardware. Insert each bolt into the hardware (but not the deck), and wrap a much thicker rolled strand of butyl tape around the bolt where it exits the hardware base. Use your fingers to compress the tape into the threads and against the underside of the base. Create a fat butyl rubber cone that will more than fill the chamfered hole in the deck.

excerpted from a BoatUs article

A good marine sealant for bedding deck fittings must be waterproof, of course, but it must also be flexible, UV resistant, and, ideally, chemical resistant (fuel, bleach, and other solvents do find their way on deck occasionally). It should not be so strong that the deck hardware can't be removed if necessary, or so tenacious that it leaves a residue that prevents other sealants from adhering. From an aesthetic perspective, it should resist dirt and not age in an unsightly way.

The table below summarizes how the various adhesives line up against these criteria. Strength is measured in psi. Flexibility is measured by elongation, or the amount the material can be stretched, as a percentage of its original length, before it ruptures. When bonding two different materials together, and then subjecting the bond to movement, elongation allows the seal between the two materials to stretch to accommodate the differences in flexibility. A good sealant for bedding deck fittings has relatively low tensile strength and relatively high elongation.

The high tensile strength of the medium- and high-strength polyurethanes makes them excellent adhesive sealants, but less than ideal for anything that might ever need to be dismantled. In addition, the polyurethanes will soften when exposed to fuels, solvents, and particularly acids, so they're not the best choice for use on the deck. At first glance, silicone seems a better compromise, with lower tensile strength than the medium- and high-strength polyurethanes, but similar elongation and better chemical resistance. Unfortunately, the adhesion of general-purpose silicone sealants is often fleeting; you won't have to look far in any marina to see silicone "worms" dangling from port-light frames. Worse, silicone leaves behind an all but permanent coating to which no sealant, including fresh silicone, will adhere. Contamination from some earlier silicone sealant application is often the undiagnosed cause of premature bedding failures. But silicone cannot be avoided altogether as it is one of the few sealants compatible with all plastics.

The remaining sealants all have relatively low tensile strength and high elongation, and any of them can be used for bedding deck fittings. The low-strength polyurethanes have less holding power than their more muscular siblings, but share their susceptibility to chemical attack and incompatibility with plastic (except Sikaflex 295 when used with a primer).

Butyl tape is an old solution that's becoming popular once again, and it has a lot to recommend it  It can be used to bed all types of plastics, unlike polysulfide, which attacks plastic, and polyurethane (with the exception of Sikaflex 295), which loses its grip due to plastic outgassing. More about Butyl tape on Thursday.