Jet Ski - Fit for Purpose?

Pricy147

Hi,

Im hoping someone could provide some advice on my options (if any) reagrding this issue.

I purchased a second hand jet ski (4 hrs use) from a private eBay seller a couple of year ago. the ski was about 6 months old, and still under manufacturer warranty (2 year warranty).

During the warranty period - the ski was plagued with issues.

The warranty expired about 1 year ago, and last Saturday the ski broke down in the sea - forcing me to call the coastguard.

Having taken the ski in for repair - they have adviced that it appears that one of the pistons has broken and struck a spark plug - meaning pretty much an engine re-build. This has apparently also gone on other ski's of the same make and model.

I have heard high level estimated costs of £3.5k. This on a ski sold new for £10k.

In total - the ski has done about 68 hours in use.

Having spoken with consumer rights - I understand that my consumer protection is nullified since I purchased from a private seller on eBay.

My question is - do I have any other re-course of action against the manufacturer (having dealth with Kawasaki in the past - I fully suspect they will not cooperate on this. They are bad enough when under warranty!).

To any unbiased person - a ski should not be requiring an engine re-build after less than 70 hours use. This assuming (as is the case) that it has been looked after, fully serviced, etc - and there was no accident causing the malfunction (calm sea, did not hit anything, etc).

Do I have any other grounds legally against the manufacturer?

Obviously I could take it to the CEO of Kawasaki if I dont get any joy in the UK - but this is still a long shot relying on their good will - which I have no faith in.

Thanks in advance for any advice.

wealdroam

You used the words "good will".

Sorry to say that that is all you can hope for from the manufacturer.

You have been advised correctly... you have no claim against a private seller.

Pricy147

MARMITE wrote: »

how do you realistically know its only had four hours use though

Its digitally recorded - like a car mileage tracker.

Pricy147

wealdroam wrote: »

You used the words "good will".

Sorry to say that that is all you can hope for from the manufacturer.

You have been advised correctly... you have no claim against a private seller.

My focus is against the manufacturer rather than the private seller - I have no qualms with the private seller as such.

If I can prove the fault is common - i.e. has occurred on other ski's - as adviced by the dealer (who in fact originally sold the ski to the person I bought it off). This suggests its a manufacturing defect.

Outpost

Pricy147 wrote: »

Its digitally recorded - like a car mileage tracker.

So jet skis use a system like this to essentially record a 'mileage' that is used to see how much they've been used?

It makes perfect sense but I had no idea this was done.

Pricy147

Outpost wrote: »

So jet skis use a system like this to essentially record a 'mileage' that is used to see how much they've been used?

It makes perfect sense but I had no idea this was done.

Yep - check out second hand ski's, and they all advertise their use in hours. Usually also clarifying if fresh and/or saltwater use.

My ski is a 4 stroke engine - which are supposedly far better than the old two strokes - which would only last a couple of hundred hours use. Four strokes supposedly last for 1000s hours....

Forwandert

Do you have maintence records for the time you've owned it, if it's been a couple of years I'm guessing it would have certain required maintance in that time.

Outpost

Pricy147 wrote: »

Yep - check out second hand ski's, and they all advertise their use in hours. Usually also clarifying if fresh and/or saltwater use.

Well no advice to offer you regarding your problem I'm afraid but at least I've learned something today!

pinkshoes

I'd say perhaps you've got a case under the sale of goods act, as it has failed within its expected life, but if Kawasaki won't play ball, you would have to get an independent engineer to look at it and write a report for you, stating that it's faulty, and then potentially take Kawasaki to court.

Do you have the initial receipt from when it was bought new by the other person? I'm not sure how the above works when it's second hand and you weren't the original purchaser.

shaun_from_Africa

Trying to sue kawasaki would be a waste of both time and money as there was no contract or agreement between them and the OP.

Even the original purchaser wouldn't have much of a chance at getting anything out of them through legal action (unless the jetski was purchased directly from them).
This is because the statutory rights given to consumers by the SOGA are between the purchaser and the retailer and not the manufacturer. (unless the goods were bought directly from the manufacturer).

Pricy147

Forwandert wrote: »

Do you have maintence records for the time you've owned it, if it's been a couple of years I'm guessing it would have certain required maintance in that time.

Yep, have maintenance and service history.