2015 Super Jet

mbrick · Mar 11, 2016

Yikes.

I think I would have just kept it at that point (before needing a lawyer). Or just sued for damages + attorney fees only and not returning the ski. Used the savings to do a quick fill job to keep the gel coat from getting damaged. And ripped it on the river

I'm still shocked the shipper is not liable.

Wiggles · Mar 11, 2016

You're right, I could have just eaten the damage and moved on. It's hard for me to get my head around that you buy something new, it shows up damaged, that such is an OK outcome. That's not what I do when I ship to my customers, even if I have to cover the entire cost of the shipment.

I can sue for damage to the ski. I didn't want to be in a position where I had to litigate on it and explain why I was rejecting a "full refund". Had they given me a chance to return it when it showed up damaged, that would have been a very reasonable outcome... I'd be totally OK with that.

The shipper IS liable, but they're not liable to me. Their contract with with Heinen's. Had I arranged the shipping myself, it would be between me and the shipper. Heinens provided the shipping as a "service" so they could make a profit on it, which is fine.. But at that point, they're responsible for the service that they charged for.

As long as Heinen's was going after the shipper, I'd be fine with it and wouldn't complain. Instead, what happened was that they told me that they would file a claim. When I checked at 90 days, no claim had been filed. Heinen's has since said that my damage claim was "rejected" - but I never saw any paperwork to support that and based on the fact that no claim was filed after 90 days, I simply don't believe it.

mbrick · Mar 11, 2016

Yes, however -- it's easy for me to say eat the damage. But you are the one who bought a brand new SuperJet, and if it was my ski my stance may be a little different as a perfectionist myself

I understand now. It also makes sense why they were offering to buy the ski back from you. Kind of a bummer you were at the liberty of Heinens to go after the shipper and were not able to yourself.

So it sounds like Heinens kind of dropped the ball on the claim...

makejetskiinggreatagain · Mar 11, 2016

I can't believe this didn't get worked out. What a POS dealer. It doesn't sound like they even submitted the claim and are just being lazy. I'm sorry you are dealing with this nightmare man. One solution could be to raffle it off as is to recoup your cost and possibly even make money on the deal. Not sure how licensing for a raffle goes...

mbrick · Mar 11, 2016

Have them buy it back in full, and then buy it as a scratch and dent model off the floor at a steeper discount?

Wiggles · Mar 12, 2016

If they were going to do that, they could simply offer to pay a faction of the damage. We've tried negotiating that with them and they've been unwilling to pay a single cent. They're not going to let me buy it back at a discount... This time of year Superjets sell pretty well...

I don't think Heinen's dropped the ball on the claim. The shipper was Road Runner Transport Services. You can read their reviews here. They have 1.5 stars on Yelp, over 46 reviews. They have a long history of not paying out on damage claims. Or if they pay, paying based on scrap value. I provided Heinens all the documentation that they'd need to make a claim - and I did so at delivery time (damage was noted by the driver). Heinen's indicated the shipper would probably would probably reject it for being "out of line". I asked how to get an estimate they would accept, but I never got an answer there.

chevota84 · Mar 13, 2016

Could you file a complaint with yamaha? They might be interested in the way one of their dealers treats customers.

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mbrick · Mar 13, 2016

Only possible hesitation I have there is Yamaha corp insisting on a "no-ship" policy (if that is possible).

It seems like some dealers offer shipping services or will arrange shipment offline with the buyer. Not sure what amount of total sales, but it may make it harder for some folks to buy one.

Wiggles · Mar 13, 2016

chevota84 said:
Could you file a complaint with yamaha? They might be interested in the way one of their dealers treats customers.

I filed a "customer satisfaction" survey - happy with the SJ, not happy with the dealer. A Yamaha representative said they'd check into the situation with the dealer, but said they had no direct control. Yamaha didn't call back. Basically, I felt like I exhausted all my avenues for resolution before I went to an attorney.

Historically: Heinens got into a bind with Polaris - apparently Polaris dropped them. Heinens sued Polaris. The end result was that Heinen's still got dropped and had to cover $90k in Polaris' legal bills. No idea if that was due to similar issues or not.

chevota84 · Mar 13, 2016

Wiggles said:
I filed a "customer satisfaction" survey - happy with the SJ, not happy with the dealer. A Yamaha representative said they'd check into the situation with the dealer, but said they had no direct control. Yamaha didn't call back. Basically, I felt like I exhausted all my avenues for resolution before I went to an attorney.

Historically: Heinens got into a bind with Polaris - apparently Polaris dropped them. Heinens sued Polaris. The end result was that Heinen's still got dropped and had to cover $90k in Polaris' legal bills. No idea if that was due to similar issues or not.

Crazy. You'd think they'd be on their best behavior after one big name dealer dropped them.

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Jetfiend · Mar 13, 2016

Wiggles said:
You're right, I could have just eaten the damage and moved on. It's hard for me to get my head around that you buy something new, it shows up damaged, that such is an OK outcome. That's not what I do when I ship to my customers, even if I have to cover the entire cost of the shipment.

I can sue for damage to the ski. I didn't want to be in a position where I had to litigate on it and explain why I was rejecting a "full refund". Had they given me a chance to return it when it showed up damaged, that would have been a very reasonable outcome... I'd be totally OK with that.

The shipper IS liable, but they're not liable to me. Their contract with with Heinen's. Had I arranged the shipping myself, it would be between me and the shipper. Heinens provided the shipping as a "service" so they could make a profit on it, which is fine.. But at that point, they're responsible for the service that they charged for.

As long as Heinen's was going after the shipper, I'd be fine with it and wouldn't complain. Instead, what happened was that they told me that they would file a claim. When I checked at 90 days, no claim had been filed. Heinen's has since said that my damage claim was "rejected" - but I never saw any paperwork to support that and based on the fact that no claim was filed after 90 days, I simply don't believe it.

This one is 100% on the dealer to make it right, especially if they arranged and made profit on the shipping. Give YMUS a call (714) 761-7300 and tell them this information.

2015 Super Jet

Brandon