Is this fair?

[chaddemler1980]

anyone following my previous posts knows how much bad luck i have had and amount of time i am putting into my boat. well i went to pick up boat from "outside winter storage" in a fenced in lot from the marina. WAS going to start work on my seats. and guess what? my alpha 1 outdrive is gone. asked marina and they said someone probably stole it cuz a few others had some of there drives removed as well. They refuse to pay for it saying it is not there responsibility.... after all the work i have gave them in the past and considering they fixed it in the first place after my stupid docking mishap they refuse to do anything for me. including reducing storage charges. i felt secure leaving my boat there cuz afterall it was fenced in. is this fair for them to treat a repeat customer like that?

 

[jcsercsa]

Re: Is this fair?

OHHH MAN so sorry !!! man i would be hot !!!! did it say anything in the agreement that you signed?? If it didnt I would be talking to a lawyer !!!! I dont know if home owerers will cover it if you didnt have boat insurance ?? kind of sound like my luck !! If I didnt have Bad luck wouldnt have any luck at all !!! John

 

[Bass Man Bruce]

Re: Is this fair?

Fair is probably not gonna matter in this situation. What you need to know is "is this legal".
Call the Wisconsin Attorney Generals office and see what help/advise they may have.
That being said, any storage yard that is that non chalant about theft on their premesis would never see my buisiness again.

 

[chaddemler1980]

Re: Is this fair?

i agree with above statement i am done with that marina. and contract said not responsible for thefts or damges reulting from storage. unless they of course cause it. anyway now i got to find a alpha 1 complete drive unit wit a 1.50 ratio. any ideas guys... dont wanna pay for new but dont want that replacement junk either... nice used one would be cool.

 

[bomar76]

Re: Is this fair?

SEI $1200 or so, brand new, 3 year unconditional warranty.

and yet ANOTHER reason to have insurance......

 

[angus63]

Re: Is this fair?

Saw this today to give you an idea of used price
http://newyork.craigslist.org/lgi/boa/619840136.html

 

[v1_0]

Re: Is this fair?

I suppose you should file a police report at least. Are there any security tapes?

Am I the only one, but it seems as their attitude is almost to the point of an invitation. (I wonder if they happened to leave any of their boats in the yard as well.)

Oh, and I certainly would no longer do business with that outfit - sooner or later one of their employees will get an idea of earning a little extra cash..

-V

 

[BoatBuoy]

Re: Is this fair?

There's an Alpha 1 on craigslist at La Crosse, WI, unit located at Onalaska, $750.

 

[JB]

Re: Is this fair?

Seems to me that if it was in their custody and they were charging you for doing so they are liable.

But, oh, that would be fair.

 

[fishmen111]

Re: Is this fair?

Man, I'm sorry to hear that. Most yards in my area have a theft/damage disclaimer in their contract. Your situation has unfortunatly become very common in this area. Even some new boat dealers behind fences are removing the outdrives until sold. I know it's too late now, but they actually make keyed bolts for attaching lower units now. Look like small auto wheel locks. I'm sure a determined thief can get past those also, but might make him look at the next boat instead of yours. There are quite a few A1s on ebay right now. Good luck and sorry again man...that's gotta hurt.

 

[cbavier]

Re: Is this fair?

Most storage facilities have in their contracts not responsible for Lost, Stolen or Damaged goods.


That's why we buy Insurance.

 

[jay_merrill]

Re: Is this fair?

Check your storage agreement for any language concerning "bailment." When bailment exists, and the bailee (the marina) receives payment, he/she/it usually bears certain basic responsibilities towards the bailor (you). Failure to take reasonable measure against theft might well be one of those.

What you will probably find, however, is that your storage agreement specifically states that no bailment exists. If so, you then need to find out if there are any consumer protection laws in your state that would override such a clause. If so, you might have a shot at recovering from the marina.

That said, I doubt that the fight will go easily because boatyard theft is a common problem and the marina industry has surely spent a great deal of time figuring out ways to reduce and/or eliminate responsibility for something that is very hard for them to stop. If you do have insurance, I think you should just put in a claim and let them fight with the marina.

 

[pduquette]

Re: Is this fair?

Wow sorry bout that! But HTF did they get your Alpha outa a fenced in yard un-noticed???? If it's That Prevalint at that yard I'd be talking to the other renters/victoms - time to hook a crook.......

 

[SgtMaj]

Re: Is this fair?

If you paid them to store it, they are legally responsible for the replacement cost. This is similar to parking garage auto theft cases, and would be handled the same way. If you have insurance on the boat, file a claim and let the insurance company collect from the marina. If not, then contact an attorney and pursue legal action.

If you didn't pay them to store it, then they may or may not be legally responsible for it, and you would definately need to consult an attorney about the specifics of your case to find out if you have a case worth pursuing.

 

[jsteen0213]

Re: Is this fair?

If they have been in business for any length of time there is something somewhere you signed stating they would not responsible for pretty much anything that happens to your boat.

Solution: Retrograde back to the good ol' days and cut off the hands of all these G** D*** thieves!!!!!!!

 

[SS MAYFLOAT]

Re: Is this fair?

About 12 years ago, I paid for armed guard storage for our boat for a week. One night all the electronics and fishing gear was stolen. It was a pain trying to get something in return for the theft. I never did get anything back or compensation of any kind. Its hard to understand that you pay for storage without security.

Just makes me wonder if the marina itself stole the parts to help their bottom line to show a bigger profit. If they know they are not responsible, then what is keeping them from being the thieves? Without security cameras,,,,,nobody will ever know except the thief that did the crime.

Good luck on getting back on the water.............SS

 

[jcsercsa]

Re: Is this fair?

About 12 years ago, I paid for armed guard storage for our boat for a week. One night all the electronics and fishing gear was stolen. It was a pain trying to get something in return for the theft. I never did get anything back or compensation of any kind. Its hard to understand that you pay for storage without security.

Just makes me wonder if the marina itself stole the parts to help their bottom line to show a bigger profit. If they know they are not responsible, then what is keeping them from being the thieves? Without security cameras,,,,,nobody will ever know except the thief that did the crime.

Good luck on getting back on the water.............SS

Man I agree !!! sounds Petty fishie !!!! I would make such a stink they would want to pay me just to get rid of me !!! say the next big holiday I would be out there picketing !!!!!! John

 

[tommays]

Re: Is this fair?

Up here having insurance is required for ANY marina to store your boat and the self store places are VERY upfront about theft is YOUR problem

 

[rndn]

Re: Is this fair?

Same thing happened to my Baja back in 1995. Insurance covered it minus deductable. The marina where I stored the boat was not responsible as stated in the agreement. My wife went around back to get into the boat and Hey someone stole your SS prop. I said not to worry because I had removed the prop for just such a reason and had it in the back of the SUV. I go and get the prop, walk around the rear of the boat to put it on and notice that something is not right. Whole outdrive gone. Insurance company mandated in order to keep insurance I had to install locking bolts for the new outdrive. I never stored my boat at any commercial outfit again. It has never happened in my driveway which leads me to believe the marina had an awful lot to gain and nothing to lose.

 

[oops!]

Re: Is this fair?

99% chance they are not responcible....

check your homeowners/renters insurance...its probably covered there.

and...whats fair, is what you signed in the lease agreement.

really sorry to hear about your loss....that sux