Warranting A Closer Look Nine
times out of ten, when the phone rings at the BoatUS Consumer
Protection Bureau, it’s a call from someone wanting to
know whether a boat’s manufacturer is responsible for
correcting a problem. While it often takes a magnifying glass
to read the fine print, we’ve obtained warranties from
dozens of boat manufacturers so you can make your own comparison
before you decide to buy and begin a relationship with a boat
builder.
Although
federal law doesn’t require companies to guarantee
their products, when written warranties are offered, they must
be available for consumers’ review before the sale takes
place. When weighing one model against another, BoatUS recommends
that buyers rank warranty coverage on a par with accommodations,
horsepower and the price tag.
By law,
written warranties must state what’s covered,
for how long and what the manufacturer will do to remedy problems.
Consumers must also be given information about how to get assistance
and how state laws relate to the warranty.
Today’s
boat warranties are dramatically different from the one-year
take-it-or-leave-it
guarantees offered by manufacturers
even as recently as five years ago. While some gaps in coverage
still exist, it appears that the boating industry is learning
a lesson from which the auto industry has benefited, that is,
give consumers what they want: broad, comprehensive guarantees
of quality and service.
What’s Covered, What’s
Not
Boat warranties now combine a multi-year structural guarantee
with a shorter guarantee covering defects in materials and
workmanship.
Sounds
good, right? Well, maybe. Here’s where the fine
print — usually titled, “Exclusions” — gets
interesting. Structural warranties cover only the parts actually
named. If the warranty says the hull is guaranteed, this means
that only the fiberglass hull shell is covered, not the stringers
or structures that reinforce it from within. If the hull cracks
because of a stringer defect, this would not be a covered loss.
Of the
companies who responded to our survey, only Carver, Cobalt,
Larson,
SeaCraft, Sea Ray, Stamas and Tiara Yachts
offer more extensive structural guarantees that include decks,
stringers or transoms, in addition to hulls. Wellcraft Marine’s
is the most extensive, covering “all structural parts
and components.”
Osmotic blisters are also widely excluded from protection.
Only 16 of the 45 warranties we examined have blister coverage.
Of these, some are limited to pro-rated coverage, requirements
that the owner pay for the application of an epoxy barrier
coat or stipulations that the gel coat can not be altered in
any way.
Some of
the companies that don’t warranty for blisters
told us that they handle these complaints on a goodwill basis.
Our experience shows that informal assistance — usually
no more than 50% of the repair cost — is most common
when original owner boats are less than five years old.
Boat builders warrant the parts and components they manufacture
for defects in materials and workmanship. Unlike automobiles,
where a manufacturer takes warranty responsibility for everything
except the tires, boat builders do not warranty engines and
may disclaim responsibility for key components like windshields,
cleats, upholstery, appliances and electronic gear, only some
of which may be guaranteed by their individual makers.
How Long Does Coverage Last?
Although
parts and materials warranties generally last for one year
and structural
warranties for five years from the
date of purchase, a handful of the warranties we reviewed provide
substantially longer structural coverage, up to 12 years for
Mako boats, 15 for Sport-Crafts and a lifetime of coverage
for Larsons, Regals and Anglers. Whose life are they talking
about? In most cases, “lifetime” refers to the
length of time the original purchaser owns the boat. Larson,
however, gives lifetime coverage for the first and second owners.
Until the
mid-1990s, only first purchasers qualified for warranty coverage.
Buying
a used boat, even a late model, meant you
were out of luck if it failed. Things have changed. Over half
of the 45 current model line warranties we looked at can be
transferred to second owners, but protection doesn’t
always come cheap. Two-thirds of the manufacturers charge from
$50 to a pricey $250 for simply changing owner information
in their records.
The
Manufacturer’s
Promise
Owners
frequently ask whether their boat warranty entitles them
to a complete
replacement or refund of the purchase price
if the vessel proves defective. The answer? Probably not. The
warranties we looked at state that only components, not entire
vessels, will be repaired or replaced at the manufacturer’s
discretion.
Federal
law merely states that companies have the right to make a “reasonable” number of repair attempts before
replacements or refunds must be made. Exactly what is reasonable
isn’t defined, so the burden of proof falls on the consumer’s
shoulders. For this reason, it is vital to maintain a log of
breakdowns and repair attempts.
The
Consumer’s
Duty
Virtually
all boat warranties are “limited,” which
means that consumers must follow certain procedures, like returning
warranty registration cards within 30 days of the purchase,
for policies to go into effect.
All the
warranties we reviewed require boat owners to report problems
to either
a dealer or directly to the factory to obtain
service. Without pre-authorization for repairs, owners may
find themselves bearing the costs. Repairs that don’t
conform to the manufacturer’s recommendations can even
void the warranty. Failing to follow the manufacturer’s
maintenance procedures can also void the warranty.
Where
Do State Laws Come In?
Although
written warranties aren’t required by federal
law, state laws mandate “implied” warranty protection
for all products. Implied warranties are based on the common
law principal of “fair value for money spent.” Implied
warranties are a powerful consumer protection tool because
they permit owners to discover and seek remedies for problems
that were present in products at the time they were sold.
The Uniform
Commercial Code (UCC), a model law that virtually all states
have enacted
and covers all commercial transactions,
contains the implied warranty provisions. These unwritten warranties
can last for up to four years. The UCC, however, gives states
the right to match the duration of implied warranties to the
duration of companies’ written warranties. To determine
how implied warranties work in your state, consult with an
attorney or your state consumer protection agency.
For general questions about boat warranties, call the BoatUS
Consumer Protection Bureau at 703-461-2856 or e-mail consumerprotection@BoatUS.com.
(c) Copyright
BoatUS Magazine, July 2001
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