Info please - blown motor

[Luke G]

Was it over-propped?

[Steeler]

Hi Fishmatics

Here in NSW we have the Department of Fair Trading,our state consumer protection authority ( one of the few remaining departments Rees has not stuffed up yet and it pains me too say that being a unashamed ALP supporter ) and although your motor obviously is not covered by a manufactures warranty it still needs to be " Of Merchantable Quality " in lay terms fit for sale.I take the point that you had an inspection done and all seemed OK but take the advice of others and have it Yam diagnosed and go from there.The real grey area here is the pre purchase inspection was a good one so thats why its really critical to have it diagnosed by a Yam specialists so the department of fair trading know just who they need to pesrue on your behalf if it gets to that stage,but the " merchantable quality " clause is quite a powerful tool in the legislation and i have witnessed many dealers ( automotive industry ) have repair and rectification orders forced upon them on vehicles that that were sold legally without a stat warranty using this clause.

Please keep us informed of the situation and i hope you have a positive outcome.

Cheers

Steve

[Fishmatics]

Thanks for all the feed back.

To answer the questions:

The mechanical report was confirmed by telephone call that the motor was good, I have subsequently read the report and in the main it was only the pressure test that was completed, no oil test etc. I'm in Hervey Bay so relied extensively on his opinion.

The Yamaha dealer is taking the cylinder head off next week and upon his report I will post an update.

The oil has been sent away to Castrol for a diagnostic report - about 2 weeks.

Over propped? - No had the std Yamie prop on it.

No black smoke, no alarms.

This particular Yamaha 4 stroke only has the computer chip to programme the motor and does not record engine hours or error messages. Subsequent motors have this chip. Engine is a 2001 - is this correct?

I have already lodged a complaint with the NSW office of fair trading.

Update on costs to repair could include replacing the cylinder head, this is not included on the 4 stroke power head replacement, if this is also damaged I could be in for a new motor - 18k, not bad for a mid twenties purchase!


Thanks again for the information.

Regards Andrew

[Spaniard_King]

I am not aware of any mechanical outlet that would send an oil sample away for analysis for an pre purchase engine check.

Sounds like your on the right track Andrew.

One thing tho do you know if this engine was fitted to the boat from new? ie 2001 just to confirm history of the engine.

[PWCDad]

Just to confirm the Qld warranty on second hand dealer sold boats...

My boat I purchased on consignment from a boat dealer. Even on consignment it came with a written warranty for 90 days. It says... 50% of labour and 50% of parts will be borne by the purchaser in the event of a claim.

Hope you get it sorted in an amicable way and get those fishing kids back on the water!!

Regards
Anthony

[ozscott]

I think that above people are being helpful with advice about "merchantable quality" - in Australia there is both state and federal legislation that can be applicable here depending on how you bought it and off a company or a business...but the requirement for merchantable quality does not mean that it was not of merchantable quality when it was sold just because it broke later even only after little use...there are a multitude of reasons why this motor might have failed and thats why you need to pin down why and how.

Just remember that just because something second hand breaks after sale does not automatically mean that the dealer has been negligent; has breached the contract of sale; has breached implied warranties as to fitness for purpose/merchantable quality...so whilst the above posts are trying to direct your mind to possible remedies just keep this in mind....I know something about this so I hope the message to get the reasons for the damage well tied down by experts is understood.

Cheers

PS. If you dont get any loving from the dealer get a lawyer

[Steeler]

Hi ozscott

Good point made,My post regarding " merchantable quality " was based entirely on Fishmatics not conributing to this problem in any way shape or form and if he can sufficiently prove this through reports from the correctly qualified people then he is well placed to persue this using the above consumer law.

The two key points are :

1) Fishmatics contribution to the problem if any ?.

2) And as you point out in your post " after sale ", how long does after sale rid the seller of any responsibility and i'm sure in any of the DFT's previous cases involving similar circumstances 3 hours would be well within the not fit for sale category.

Cheers

Steve

[Getout]

I think that above people are being helpful with advice about "merchantable quality" - in Australia there is both state and federal legislation that can be applicable here depending on how you bought it and off a company or a business...but the requirement for merchantable quality does not mean that it was not of merchantable quality when it was sold just because it broke later even only after little use...there are a multitude of reasons why this motor might have failed and thats why you need to pin down why and how.

Just remember that just because something second hand breaks after sale does not automatically mean that the dealer has been negligent; has breached the contract of sale; has breached implied warranties as to fitness for purpose/merchantable quality...so whilst the above posts are trying to direct your mind to possible remedies just keep this in mind....I know something about this so I hope the message to get the reasons for the damage well tied down by experts is understood.

Cheers

PS. If you dont get any loving from the dealer get a lawyer

I agree. It must be determined what caused the problem before blame is levelled. The water intake could have been inadvertantly blocked with sand or even a plastic bag during normal use. This is not the fault of the dealer.

[foxx510]

I agree. It must be determined what caused the problem before blame is levelled. The water intake could have been inadvertantly blocked with sand or even a plastic bag during normal use. This is not the fault of the dealer.

From the description it sounds like it had issues from the beginning. Wouldn't you get a temp alarm with a blocked intake?

[tin can marlin]

hi andrew you need to get a yamaha diagnostic reading of your motor from a yamaha mechanic they plug in to your motor to verify the engine hours and also it will tell you all of the total history, rpm ,temps, faults and so on. where in brisbane are you? cheers jim

I think what Jim is saying here is dead on the money maybe ring the boys at stones they will check it out for nothing as they are a leading Yamaha dealer.
Cheers Mark

[cormorant]

Not that it matters yet but is a short Yammi powerhead and labour really worth that much? Long motor or fully dressed? Surely something must be recoverable They must have gold bits in em?? Anyone do exchange? Be checking the leg, box and trim for any issues before I went down the repair path.

[Angla]

Question. Have you been told of wether the boat had been sitting for a long period without use, Like 6 or 12 months. I'm wondering on fuel quality and did you put in 92, 95 or 98 octane.

After 7 months (motor being rebuilt due to water dunking) with no use I had a 600cc, 4 stroke dirt bike motor lock up due to stale fuel. It locked up at least 6 times. I replaced the fuel with fresh mid strength and added some very good 2 stroke oil then ran it for 90 minutes with no problems and no problems since.

Luck
Chris

[White Pointer]

G'day,

Still suggest that you get the whole BMT checked out before spending any money. If any other significant isues are found pursue the dealer for a buy back on the basis that "you are no worse off".

That means he refunds the purchase price, your cost of collection/freight and registration transfers, the establishment and cancellation costs of loans, etc so that your bank balance is the way is was before you bought it.

The "no worse off" principal is used by consumer affairs when they believe that products have been misrepresented. A dealer who has made an honest mistake can avoid punitive damages by ensuring that the consumer is left "no worse off".

I recommend that you pursue this.

Regards,

White Pointer

[tin can marlin]

G'day,

Still suggest that you get the whole BMT checked out before spending any money. If any other significant isues are found pursue the dealer for a buy back on the basis that "you are no worse off".

That means he refunds the purchase price, your cost of collection/freight and registration transfers, the establishment and cancellation costs of loans, etc so that your bank balance is the way is was before you bought it.

The "no worse off" principal is used by consumer affairs when they believe that products have been misrepresented. A dealer who has made an honest mistake can avoid punitive damages by ensuring that the consumer is left "no worse off".

I recommend that you pursue this.

Regards,

White Pointer

Very good advice i would be doing the same thing

[ozscott]

Punitive damages are most unlikely in this type of situation - the damages, if any, would be compensatory (ie for actual loss suffered) not damages intended to punish (punitive)....and whilst we are on the topic the person who sustains the damage has a duty to minimise (mitigate) that loss and act reasonably in respect of the loss.

None of this is as simple as it appears on the surface...try to sort it out with the dealer once you know what has actually occurred, and failing that get a lawyer (but, at the risk of steering business away from my kind, use a lawyer when it is clear that you cannot get a good outcome without one...because costs mount up quickly with one).

Cheers