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What I meant was that a FAILURE of a component due to it being incorrectly assembled could be covered. This was just a hypothetical to point out how elusive warranty literature can be from covering you when you find a problem. The actual wording of his contract will tell if the boat is covered for these problems under the warranty or not.
The issue with warranties is usually not what is covered; it's what is not covered. In many instances there are so many loopholes; the warranty document is better suited for toilet tissue than as a binding document for repair coverage. The coverage that Novis is providing seems very minimal; I would like to see what other companies are offering on boats that are priced at several hundred thousand.
While I pointed out that this problem should have been caught and fixed during a pre-commisioning survey or sea-trial; I also want to say that the owner is not without recourse and that the warranty is only one avenue to pursue getting this boat fixed or replaced.
I don't think a good surveyor who has experience surveying new boats would miss this problem. One look at the chainplate mounts with a good eye for any problems would have discovered an asymmetric assembly. That should clearly point to more serious problems with the construction. In addition; surveyors carry insurance that will cover them in the event that they missed a problem with a hull that resulted in the loss, injury, or depreciation in value due to the discovery of a glaring defect. While I don't feel that the surveyor should be held liable for every small thing; I do think it is his/her responsibility to find obvious construction problems such as this one.
Is the mast deck-stepped? If it's offset from where the compression post is located inside; the argument could be made that the boat is not structurally sound and could cause an injury or death if the rig comes down. I would find the best marine surveyor you can find in your area and explain the problem you are having so he can prepare a survey that points out what is wrong and suggests what should be done to repair it. Then send this with a letter from an attorney to Novis (with the suggestion that you may forward it to the Cosumer Product Safety Commission; and USCG).
In addition it's possible that the lein holder carries insurance for problems like this; or they might choose to write off the boat if you stopped paying the loan (I know this is a last resort). It seems that it would be in a mortgage company's best interest to pay for the repair than to write off the hull value.
You could pursue a lawsuit; but depending on what the lawer costs would be and the chances for winning a settlement, it might make more economic sense to walk away from the investment.
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