Need advice regarding compensation for stained sails - Page 2 - SailNet Community
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post #11 of 19 Old 01-17-2009
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post #12 of 19 Old 01-17-2009
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Patrick...if a retailer sells you a product that is defective and causes collateral damage, you should go after them directly in small claims court when you get back to the states. THEY being a corporation will have to supply a lawyer but you may represent yourself. They can recover damages from THEIR supplier if they want to but that is not YOUR problem. Sue them! If you have any lawyer friends, you might have them write a letter first outlining the settlement you demand.
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post #13 of 19 Old 01-17-2009
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I think that the fault probaby lies with the supplier of the fabric. It is likely that testing the fabric would prove it to be less than colourfast. May be a case of them using a new mill offshore to economise.

To me the abrasion theory sounds like a desperate attempt to manufacture some excuse. If indeed abrasion had occurred then the fibres would easily be washed off the sails and the green would be gone.

As far as what to do...not sure. Here in Ontario we have the Consumer Protection Act which basically states that goods have to be merchantable for their marketed purpose. I would imagine that there is a similar law in Texas - probably several of them.

The retailer would be the one to claim damages from. I'd ask a lawyer in the US to send off an indication of your intent to pursue the matter immediately rather than wait until you were residing stateside again. A judge is not going to look favorably on an aged claim.

The retailer is probably aware of their liability but counting on your expatriate status to protect them. A lawyer's letter could tip them over the edge.

Good Luck !
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post #14 of 19 Old 01-18-2009
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I agree that the color staining the sails isn't the result of "abrading the fabric"... since, that would more likely than not be easily washed away. Most marine-grade acrylic canvas is not dyed in the sense of traditional fabrics, and the color shouldn't "bleed" since the fibers themselves are colored in the manufacturing process...not dyed after being made.

I'd agree that if you know any attorneys you know that are licensed to practice in Texas, that you should have them fire off a letter to the company that made the sail cover for collateral damages to the sails.

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post #15 of 19 Old 02-22-2009
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Why did you buy a Macgregor?
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post #16 of 19 Old 02-22-2009 Thread Starter
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Quote:
Originally Posted by captainmidnight View Post
Why did you buy a Macgregor?
See my comments in this other thread:

MacGregor 26 X/M Impressions

...
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post #17 of 19 Old 02-22-2009
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The retailer is responsible for the stains. You did not have any type of financial activity with the third parties. The manufacturer, the producer of the fabric, yarn manufacturer, dye manufacturer and others are all third parties. The retailer is the one that is responsible to you. The others might be responsible for the damage, but it is up to the retailer to ask for the damage not you. Instead of bothering with the others you should sue the the one who sold you the covers.
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post #18 of 19 Old 02-22-2009 Thread Starter
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I have reached a settlement with the parties involved. They have compensated me for approx. 60% of my total losses. I do not consider the settlement completely fair, but have decided it is not in my interest to pursue the matter further.

Thanks to everyone who offered advice.

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post #19 of 19 Old 02-22-2009
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Listings the companies involved here on sailnet is not publicly shaming them, it is educating other sailors regarding the business practices of some companies other frequently use and to be aware of the experience you had.

Chris
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