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  #121  
Old 12-10-2008
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Quote:
Originally Posted by sailingdog View Post
Dave-

My point is that Jackett has used the asset-only method of sale to dodge liability/responsibility for warranty repair issues for the Tartan brand previously. The fact that the seller may want an asset-only sale has little, if anything to do with the past history of Jackett's actions.
dog

we know jacket did an asset-only sale...how did you determine that the asset sale was SPECIFICLY done to 'dodge liabilty/responsibility'??
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  #122  
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Originally Posted by Cruisingdad View Post
A GREAT WAY TO GET THIS THREAD SHUT DOWN TOO IS TO START POSTING OPINIONS AS FACT.
The other problem being that if said opinion can be interpreted as derogatory, the writer or speaker might find him- or herself facing a liable or slander suit.

N.B.: IANAL, nor do I play one on TV.

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  #123  
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Xort-

Never said he did it specifically to dodge warranty liability...but that was one of the things that ended up happening... You're the one saying that he did it specifically to dodge liability... I don't believe I ever said that... just that he dodged liability via an asset-only sale...
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dog

we know jacket did an asset-only sale...how did you determine that the asset sale was SPECIFICLY done to 'dodge liabilty/responsibility'??
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  #124  
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"used the asset-only method of sale to dodge liability/responsibility"

to me that has specificity. 'used...to dodge'
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  #125  
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Xort-

That says he used it to dodge warranty liability, not that he engineered the asset-only sale for that specific purpose, just that it had that possibly unintended but beneficial to him consequence.
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  #126  
Old 12-11-2008
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One additional point I'd add to what Cam said. Tartan has previously used the "asset-only" sale technique to ditch warranty liability. Jackett was responsible for doing so when the Tartan brand was owned by Navstar Marine, and was sold to Polk Industries... so a precedent for such tactics has been set... any claims that they'll honor the warranties of existing customers in an assets-only sale is highly suspect.
Do you have any evidence that any warranties were not honored as a result of the previous sale of Tartan?
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  #127  
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Do you have any evidence that any warranties were not honored as a result of the previous sale of Tartan?
Have a look at Practical Sailor "Special Report - When Deals Go Bad" from July 1, 1997. The relevant parts were posted to the removed thread.

At the risk of this thread being removed too, here's the key paragraph:

Quote:
Matters deteriorated further when Salamon pressed Jackett for payment in June, 1996, and he encountered a change in Jackett's tone. He was informed by letter that the company that had manufactured his boat and issued the warranty, NavStar Marine Company, was no longer in business, having been reorganized as Tartan Yachts, Inc., in October 1993. The new owner, Polk Industries, an investment company, therefore disavowed responsibility for warranty work because only the assets of NavStar had been purchased.
Mr. Salamon had a Tartan 372 with a lot of issues.
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  #128  
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Yes, as Gramps posted.. BTW, I'd also point out that the sale of the company from NavStar Marine to Polk Industries, had basically the same corporate officers involved in both companies, including Mr. Jackett IIRC. My question to you is why would they engineer an assets only sale that was basically from themselves to themselves if not to shed liabilities, like warranty support???
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Do you have any evidence that any warranties were not honored as a result of the previous sale of Tartan?
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You know what the first rule of sailing is? ...Love. You can learn all the math in the 'verse, but you take
a boat to the sea you don't love, she'll shake you off just as sure as the turning of the worlds. Love keeps
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  #129  
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Yes, as Gramps posted.. BTW, I'd also point out that the sale of the company from NavStar Marine to Polk Industries, had basically the same corporate officers involved in both companies, including Mr. Jackett IIRC. My question to you is why would they engineer an assets only sale that was basically from themselves to themselves if not to shed liabilities, like warranty support???
dog- I know what you are saying, just wanted to get some documentation on it in this thread before some one at Tartan decides to send a strongly worded text message "forcing" Sailnet to remove this thread too.
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Last edited by T34C; 12-11-2008 at 04:45 PM.
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Old 12-11-2008
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Tartan wins a decision

As many of you know...MackBoring Yanmar was seeking additional discovery from Novis to track assets available for settlement in their suit over non-payment of $138k in invoices for saildrives.
The NJ federal district court has denied this further discovery today saying:

"The fact that Mack Boring cannot obtain pre-final judgment discovery pertaining to Novis’s ability to satisfy its judgment does not mean it is without recourse. Indeed, Mack Boring as judgment creditor may obtain discovery “in order that [it] may find out what assets exist or have been fraudulently transferred. In addition, [it] may use the discovery mechanisms provided under state practice.” Ranney-Brown, 75 F.R.D. at 5 (citing Fed. R. Civ. P. 69). As a legal (if technical) matter, Mack Boring must wait until final judgment is entered to seek the discovery it
wishes.
"

We now await the final decision in the case itself which is reportedly favorable to Mack Boring on the debt itself but there are apparently a couple of other outstanding issues awaiting a ruling.

The case citation is:
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
:
MACK BORING & PARTS COMPANY :
: Civil Action No. 06-2692 (HAA)
Plaintiff, :
:
v. ::
NOVIS MARINE, LTD : OPINION

https://ecf.njd.uscourts.gov/doc1/11913511897 Access to the Pacer system may be required but this particular opinion is free of charge for those wanting to read the whole decision.
I have a copy of the opinion in pdf format that I can provide to anyone who sends me a PM with e-mail address....but suggest you do not bother as it is almost entirely a technical denial based on prior case law.
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