im getting taken to court! how stupid is this some guy i just made a board for picked the board up from the friends house i left it at and has decided to take me to court for not providing him with a surfable board! why i hear you ask??? i didnt give him a free fin or leash like he would have got in a shop!!! i called him and told him he got the board for €250 cheaper than he would have paid for one of my boards through a shop. he didnt ask me for a fin so i didnt sell him one when he ordered the board the fact of the matter a beauty of a board is now being ridden by a tosser who thinks that just because he owns his own advertising company and makes a hundred grand a year he can pick on the small guy over a €50 fin!!!
Just show him the order form…you do have an order don’t you? I hope you can “find” it if its “lost”…No tickee, no laundry (forgive my offensive quip).
If you can prove that you sold him a board at a fair (or even below average) price, (without fins and leash) he has no case. Would any civil court judge believe that he was mislead or cheated? It may come down to the agreement of any fin(s) and leash. Was the deal only made verbally, or do you have a copy of the work order. I’ll bet that even if you don’t have a work order, he has no case. It’s his word against yours…unless he has a friend which was present at the time of his order. Any attorneys out there?
To me it looks like a line ball call. If you don’t have some kind of written contact ie an order form with terms and conditions that clearly state fins are extra, then the court is going to look at implied terms. Implied conditions are unstated conditions, what a customer might reasonably expect when they buy a surfboard. What is reasonable? - that’s up to the judge. The judge might rule that fins are part of a surfboard because they are required for the board to be used to ride waves, and that when the man in the street buys a surfboard he’d expect it to be ready to ride waves. You might be able to argue that the 250 below retail cost charge was a wholesale charge and that when boards are wholesaled they are commonly supplied without fins - you might have to drag in shapers and retailers (wholesale buyers) to attest to this. If the court accepts that it is common practice for wholesale boards to be supplied without fins (I don’t know if it is in the UK)and the court accepts that the customer should have known from the price being charged, that he was purchasing wholesale. Then the judge may rule that the contract was subject to commonly accepted practices in the wholesale market - no fins (and no leg rope) Good luck, By the way the above is opinion only, and should not be viewed as legal advice. Stephen
Your system may be different, but over here, your customer would have screwed himself by accepting delivery of the board. His taking the board is an implied acceptance of fitness. If he didn’t think the board was complete, he shouldn’t have accepted it. In the absence of a contract, fins are not necessarily automatically assumed to come with a board, witness some shops using free fins as a sales inducement.
Frist off I think your right he should’t be bitchin,even buying his own fin he’s 200 ahead. However is worth your time and effort to go to court and fight this. You might be right but it might be cheaper to give him a leash and a fin and cut your losses.
Consider that if you offer him a fin and a leash that this merchandise is worth about $40 or $50 wholesale. Hell, it would be worth that to me to get this idiot out of my life. Some people are best left behind. Particularly the ones that think they’re going to get ahead at someone else’s expense. He’s got not class and never will have untill he changes his attitude. I’ll bet he’s a small time idiot in the line up as well. Life’s too short to waste time in court as far as I’m concerned even though he doesn’t have a leg to stand on. Mahalo, Rich
yeah i would just cut my losses, but instead of calling me when he picked up the board he went to a surf shop and bought a fin and leash (shop prices) the shop then told him if he had got aborad from them he would have got a leash. if he had called me i would have sent him to a guy who would sell him them wholesale (100 yards down the road) he wants the cash he paid for them about €90! and i do have an order form, but he is just taking it on what the shop said. he is a kook, a waist deep jump on surfer who doesnt deserve a board. everyone who has bought a custom from me in the past either asks if i can get them or if i know anyone, he didnt ask so i aint a mindreader. thanks
phone em up appologise profusely ,spew self deprecating assesments of your oversight and propose a BUY BACK of the board,obviously he is the guy that will not appreciate your masterpiece .So many soulfully produced BITCHIN DELUXE surfboards are trapped by those of limited awareness,ability and … are comitted to life imprisonment in their discarded toy bin,rescue this board as soon as possible today tomorrow next week next month offer to take the guy to court for not saying thank you tell his mom or better his grand mother ,pastor ,wife ,boss rabbi get that board back the guy needs a board from Toysarus ,costco ,mal mart ,sports ways, aqua jet , Joro ,schofield ,any of the truely reputable trust endearing out fits that throw in those special extras .once back in your possession ride the board until it sings like the released Excaliber in the hands of Arthur Pendragon make sure You catch the wave right after the one he goons out on so he can see the board He could have had .If ever approached to buy another board tripple the price of a “shop board” and therefore banish this interloper to learn to build his own board,how cruel can you be. Heritical behavior: encanting the litigation deamons is not acceptable behavior pray for this poor soul but only after you get “Excaliber” back under the roof of the house pendragon where it will be safe from evil wrought by infidels in this aquatic domain that is meant to protect the sensitive creators of these wave riding implements that date back to our defacto polynesian ancestors , bless their souls.Maybe a nice Griff Mastedon hi performance five star gold label model from the Abercrombie Fishy on line catalogue or maybe a nice Coco Channel signature model I think he could get a “price” break for being a frequent flier. drink of this as the elixer of self esteem you should be appreciated for your efforts, not depreciated like so many artless pervayors of mass produced schlock.bless You lad chin up.ambrose in waipouli aloha
i gaurantee that this kook would not be able to surf for shit. i would have laughed in this fuckwits face if he did that to me. if i were you id get some publicity out of this. contact a few magazines and make sure everyone knows who the guy is and the name of his advertising agency.
Paul Pardon my language but F*** him!! We all meet dickheads like this chap once in a while, and by reckoning his bark is gonna be far worse than his bite. If he walked into a lawyers office, I guarentee they would P*ss themselves at his request. It would cost him a fortune to even get past writing letters!! Nah, forget about it (as they say in Donnie Brasco) and concentrate on what you do best - making surfboards. If you got to buy him a fin - so be it, You don’t need the hassle. Good luck!! Peaman
Howzit Pauluk, Does this guy realize that the reason a shop throws in the extras is because they over charge him for the board. I take it this was a longboard since you talk about a fin not fins. Over here on Kauai some builders don’t even put a plate and screw in the box let alone a fin. What if you did supply a fin with your boards but the customer didn’t like your selection,would he expect you to find one he likes and you buy it for him. The guy is still $160.00 ahead of the game after buying a fin and leash. Sounds like a real jerk to me. Give him his money back and take the board and send him to the shop for a new one. Believe me you won’t have any problem reselling the board to a more reasonable personAloha, Kokua
Give him the bloody fin. Give him the bloody leash. Then hunt him down every time you see him in the lineup and cut him off at every opportunity. Tell all your friends to do likewise. Make sure that the bastard never ever gets a wave to himself. Or better yet, have one of your buddies run over his new board with some old log the first time he takes it out. And when he comes back to you to have the dings fixed, charge him until he bleeds!
Mr. Curry is that you?
Since the board has a fin box, the fin is now considered an accessory. Which makes that his responsibility along with the leash to get. If he makes a hundred grand a year, why did you sell for so cheap?
mr. Curry was an officer my father was an enlistedman he said call me ---- before you call me mr. Tis me
when you sell for less you are trying to cut corners . you got caught a surf board has a fin to be a board .i didnt tell him the gun was loaded so iam not to blame right
ambrose curry the 3rd? what brings you to Swaylocks Isle? whatz new in Waipouli?
I disagree. I once ordered a custom Dick Brewer from RB, with a fin box. It came with no fin, and it was not cheap. I didn’t complain nor did I feel ripped off, neither did my wife who’s board it is… and who ever said that a longboard is supposed to even HAVE a leash, much less come with a free one???
Ambrose, please email me at . I want to talk to you off line. TK.