Complaints

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• Initial Complaint

  Date:01/03/2023

  Type:Service or Repair Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I purchased a kiteboard from this dealer/retailer, for which I signed up for a 3-year warranty. Now that the board has proven to be defective (and it is still in warranty), the manufacturer is denying the warranty based on speculation that the board somehow suffered the damage through impact, which is clearly not the case. Even the retailer agrees that the board does not show any evidence of impact damage (see his e-mail attached), yet he will not honor the warranty for the manufacturer he represents and sells for in North America. The board started to delaminate in the topsheet, and it has progressively gotten worse over the last season. This is an expensive board, and to not honor a warranty based on speculation is not fair, nor legal. I want a full refund of the purchase price, or a replacement.

  Business Response

  Date: 01/03/2023

  I received your letter and complaint form from customer **************
  
  ** purchased this board from our online store back in 2020.  He recently (Nov 28, 2022) contacted me (and the board manufacturer - Crazyfly) regarding the board delamination or it having a manufacturing defect.   I told him I would look into it for him, which is my job as a dealer and thus customer/warranty support.
  
  I contacted my vendor (****************) regarding the issue and they had me send pictures of the damage, serial number, and pictures of all parts of the board.  This is standard procedure for any warranty claim.  This information was then sent to the board brand manufacturer (Crazyfly) for their warranty decision.  This is normal procedure.  I as a dealer am not able to rule on warranty claims.
  
  ** told me that he noticed the issue last year, AND continued to use the board all of  this year and on a recent trip.

  
  
  ************* Nov 29, 2022, 3:45 PM  
  
  to me
  
  There was no impact damage, strictly delam.  At the end of last season it was minor, with only the topsheet coming up off the edge of the tail.  But the pictures you see are at the end of my last trip to ******, just last week.  Now I will say that it looks worse since I did pull back on the topsheet to see if water intrusion had gotten deep into the core, so yes I did make it look worse, but all I did was accelerate what was already happening. 
  
  ************* Dec 1, 2022, 10:48 AM  
  
  to me
  
  OK I will send those to you as soon as I am home.  And I didn't send any claims when I first noticed the top delamination because it was very minor, and I did not think it would get any worse, but I was wrong.  It got progressively worse this season, which is when I used it the most (about 20 sessions).  And yes, I did peel it back to see the extent of the water intrusion damage inside, which made it look worse in the picture I sent.  I will get back to you with the info, thanks.  ED
  
  
  I relayed this information to my vendor and to Crazyfly.  Although their warranty period is 3 years, ** effectively voided their warranty by using the board and not reporting the problem when discovered.
  
  The response from my vendor and Crazyfly (manufacturer)
  
  ************************************* Dec 8, 2022, 10:41 AM  
  
  to me
  
  *******,
  From Crazyfly:
  In regards to Damage Photos: This is not a warranty, there must have been some hit or impact to cause the break in the board.
  Also, According to our warranty conditions: *************************************************** not covered by warranty: Board used after a defect or damage appears. Also If a believed claim defect or damage is detected, please submit your claim immediately. He says: At the end of last season it was minor, with only the topsheet coming up off the edge of the tail. 
  
  All that said, I have been Authorized to offer a replacement for 50% off. It will take a week or so to get it here if he/you decide to go that way. His cost will be  $440 plus shipping.
  
  Please let me know what you/he wants to do.
  
  Kind Regards,
  
  
  
  My vendor offered ** to get a replacement at 50% off as a goodwill gesture since the claim was declined.   ** has refused this offer.
  
  So as you can see we are in an unfortunate area where ** essentially voided his warranty by continuing to use the board, but it may have been a warranty case all along.  I'm not positive there was any impact damage (I haven't seen the board personally), but I'm only going through procedures and as they stand the claim was declined.
  
  My vendor offered to inspect the board and has shipped a pre-paid shipping label and shipping box.
  
  ************************ Tue, Dec 20, 7:17 AM (9 days ago)  
  
  to **, me
  
  Hi **,
  I am ****. I would like to get the board in question here in my hands for inspection. I will send you a pre-paid shipping label if you can get it packed up and send me the weight and dimensions. Once here we will conduct a thorough inspection of the board and report what we find to ******************* at Crazyfly who makes all warranty decisions in line with the warranty policy. CrazyFly will make the final warranty decision, whether repair, reduction in price, or replacement. Once a final decision has been made by Crazyfly, I will report their decision to you.
  
  Covered by warranty:
  Any manufacturers defect as determined by CrazyFly.
  Regular use or kiteboard crashed in the water:
  Broken board
  Broken rail
  Delamination
  Damaged insert or fin holes
  
  Not covered by warranty:
  Dents on the surface on both deck and the bottom.
  Any problems resulting from misuse, abuse, impact on any surface other than water.
  Defect or damage caused by accident by impact with everything else other than water.
  Any problems resulting from excessive sun exposure or winds on the beach, such as discolored graphics and materials.
  Damage due to improper storage and handling of the kiteboard, insufficient care and maintenance.
  Board used after a defect or damage appears.
  Damage caused by any modifications, or defacing the serial number.
  Damage from riding with any footstraps and screws other than CrazyFly.
  Board without the proof of purchase.
  Damage or defects caused by exposure to temperature over 70 and under 0 degrees Celsius.
  Damage caused by transport, loading, unloading, dropping, handling out of water or similar.
  Defects or damage caused by modifying the kiteboard in any way.
  Normal wear and tear.
  Scratches.
  Every damage on the kiteboard caused by impact with everything else other than water.
  
  
  ** feels it is my responsibility to approve his warranty claim or to just give him a refund.  This is not how it works...in any industry.   An auto dealer doesn't approve a warranty claim...it's the manufacturer.   Same case here.  I am just going through procedures and unfortunately ** voided his warranty by using the board for over a year before reporting the issue.  *********** offered a goodwill gesture board at 1/2 off, which is a good offer...but I get where ** is coming from as well.
  
  Anyway, that's where we stand.  Let me know how else I can help you.
  
  Regards,
  *******

  Customer Answer

  Date: 01/04/2023

   
  Complaint: 18568010
  
  I am rejecting this response because the problem is not yet resolved.  I am awaiting their packaging to ship the board back to ****************.  Once the board is shipped back to them for review, and they either repair or replace it as per the warranty, then I will close out this case as resolved.

  
  
  Sincerely,
  
  *************

  Business Response

  Date: 01/12/2023

  Yes, a 2nd box was sent to the customer for return of the board.  Upon inspection a decision will be made as to whether it is a warranty replacement or repair.

  Customer Answer

  Date: 01/20/2023

   
  Complaint: 18568010
  
  I am rejecting this response because the board was just shipped back yesterday, per the e-mail posted yesterday.  See images for proof, thanks.
  
  Sincerely,
  
  *************