Cobra Jet

[Cobra Jet Steering LLC]

And that is exactly why there is a federal law and a section of it pertaining to atty fees

 

[Rhyder]

And that is exactly why there is a federal law and a section of it pertaining to atty fees

there's actually nothing in the white papers of the Magnuson-Moss Warranty Act stating attorney fee's would be included, and as it wouldn't be a criminal case, I'm not sure how you would add them as damages in those cases. i guess you could file a cause case maybe.

 

[Cobra Jet Steering LLC]

We both know that if a case is made criminally there are no atty fees, if you peruse it civilly the winner asks for reasonable atty fees.

 

[Rhyder]

We both know that if a case is made criminally there are no atty fees, if you peruse it civilly the winner asks for reasonable atty fees.

wait, what? there is always attorney fees. if your suing for damages, the lawyers will sometimes accept a percentage of the winnings or charge for hours and expenses. If you dont have any money the court will assign you an attorney, but thats for the defendant.

"In the United States, the rule (called the American Rule) is that each party pays only their own attorneys' fees, regardless of whether they win or lose."

"In a civil case, you cannot recover attorney’s fees. There are a few exceptions to the “American rule,” such as a when there’s a statute governing the case or the contract between the parties allows it. But for the most part, you are out of luck."

" court can sometimes act in the interest of justice and fairness to require one side to pay the attorneys' fees. U.S. courts have significant discretion when it comes to the awarding of attorneys' fees, and while judges do not generally like departing from the American Rule, they might require a losing side to pay the other's attorneys' fees in certain limited situations. A state court judge can also impose an “additur” increasing the amount of a jury award, which, in effect, can have the same result, but again, it’s rare. You shouldn't count on receiving additional funds through either of these mechanisms. " (rare as in almost never)

in the case of a criminal case the Hyde amendment 101 would come into effect, but a warranty case would be a civil dispute. you are almost guaranteed not to recover expenses.

The exception would be if in the purchase contract for the warranty, they inexplicably inserted verbiage stating they would pay any lawyers fees you incurred by suing them.

 

[Cobra Jet Steering LLC]

Forgive me but I am busy with mods on 2 new skies I just finally located and I give up on this one so enjoy your boat but I am out of the conversation I put people in jail for 23 years and never sent a bill to the victim so we are not getting any place at all. Happy new year.

 

[Mustangswan]

I have a 2016 212X that installed a Cobra system on in ‘17 and have never had a problem. Also my selling dealership asked if I wanted to install a fin system on it before I even got it off the lot. (I think a JBP) but I wanted to see how she did before I did anything to it. So I know at least they wouldn’t care. I went with the CobraJet system because it would work with my Wakewedge. They have been Great! Worth every penny. I can say that Jeff at CobraJet is very passionate about his products and has Super Ultimate Excellent customer service. My system looks as good as it did when installed and held up very well over 4 years of use. Just my 2 cents worth. Hopefully that’s helpful.
Merry Christmas everyone!

 

[Adrian @ JB Solutions]

there's actually nothing in the white papers of the Magnuson-Moss Warranty Act stating attorney fee's would be included, and as it wouldn't be a criminal case, I'm not sure how you would add them as damages in those cases. i guess you could file a cause case maybe.

Yes there is, have you even read it?

2310.d.1.a. >>> If a consumer finally prevails in any action brought under paragraph (1) of this subsection, he may be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of cost and expenses (including attorneys' fees based on actual time expended)

Sorry but I have a hard time believing you have "seen many suits fail over warranty voiding". I am on many forums, and almost no one actually take suit. Actually knowing people in person is even a slimmer chance. Adding to the fact this is harder to believe, is that a a large company pays $400-$500 an hour for attorneys. At $1,300 ANY company will settle - that is just a few hours of attorney time. If the case is even a relative chance to win, it would never go to court and it would be settled. If a consumer has a somewhat decent case at under $20k, I would fully expect settlement vs. trial. A trial for a manufacture is going to cost them 20-30k in lawyers fees at minimum (easily can get to 6 figures), plus the chance to lose and potentially doubling that number. It's cheaper and easier to put them under NDA and make them go away.

 

[HangOutdoors]

in the case of a criminal case the Hyde amendment 101 would come into effect, but a warranty case would be a civil dispute. you are almost guaranteed not to recover expenses.

Not sure how you are coming to this conclusion.

@Rhyder In almost all of the Civil court cases that the company I work for has prevailed we have received attorney's fee's, costs and expenses from the opposing party. Someone brings up a frivolous lawsuit or are clearly not holding up the end of their contract, they get their clock cleaned for far more than they could have imagined. The last one, last year, attorneys' fees where $100k + and they were suing the company for only $25k, they ended up paying over $130k to the company for attorney's fees, staff time, forensic data analysis, travel and other costs. Perhaps they will think again about bringing up ridiculous lawsuits and non performance on a contract. And they paid us every penny.

 

[AmesJainchill]

Not boat related but I know Audi will flag your car if they find a tune.
Subaru is another one on modded STi or WRx
VW now will sell you an APR tuned car and still have warranty granted it's much more than base but it has warranty.

I learned as I got older it does not pay to mod if you want to keep warranty. Once warranty over it's fair game but it takes thousands to go 1 mph faster. Just buy faster ski or boat.

Amusing story in retrospect - I had a Stasis tune on my B8 A5 some years ago. At the time (somewhere around 2011) I went with them over APR since Stasis had a rider warranty that covered anything Audi would not. But then Stasis eventually went out of business and their customers were left high and dry. Was funny (not at the time), but I was going to trade in my A5 for an M235i in 2015 and a few months before, some sensor went bad and the car started chugging out thick oil smoke at idle. Long story short, I explained the situation to my dealer and they were very understanding since the dealer actually advertised for Stasis and provided links to the tuning site from their dealer site suggesting to go with that tuner as it was backed by the 3rd party warranty. Dealer told me what was wrong with the car (a few hundred dollars for parts and service), but that if they plugged in the bench flashed ecu to the Audi service interface, it would flag the ecu to the manufacturer instantly and void my warranty entirely! So the best thing I could do was replace the ecu with a stock one which they sold me at cost supposedly (~ $600 part with no cost install) and then everything else would be fixed under warranty. Odd situation to be sure, but I went with their recommendation and everything was fine. Went on to trade the car in after the fix and enjoyed my 235 for the next few years! Just unlucky with the tuning company and their financial situation. Btw, I think I have the flashed ecu laying around in a box somewhere if anyone has a B8 A4/A5 they want to try it on..

Far as the CJS fins go (it's of course vastly different than engine or ecu mods), I have the Super Magnum AK-19 system on my 242 and it's been great. Even purchased the deluxe upgrade a few weeks ago for installation in the spring! Dealer has never given me a hassle about any warranty claims including 1" nuts and washers rattling around and appearing out of nowhere under my bow seats, loose cleats, Connext update due to engine hours desync, misc QA issues from new that they had to fix (gelcoat cracks and finishing, etc.), sealing issues in cleanout tray and around cleanout ports causing water to flood lower bilge at speed, transom shower pump failure/replacement, wakeboard tower rattling where it connects to hull, etc.. I've got YES for another year and will probably add a couple more years before it expires. Definitely have used it, lol! Plus I have the yamalubeadvantage warranty (20yr/5k hrs) for all oil wetted parts and am maintaining that. Spoke to those reps as well and they said as long as I'm completing the recommended maintenance reasonably close to the documented intervals that I'm good there too.

Anyhow, short story long, I highly doubt anyone would have warranty issues because they have the fins on their boat. I'm paranoid about warranty coverage as well, and I've got no concerns with the fins being installed. Balances the steering work and adds a more appropriately threaded tie arm (one that won't potentially unscrew/loosen itself while connected). Dealer has been totally cool with it as well. Hope this helps anyone who might be on the fence. ?

*edit: typo'd Ultimate, meant to type Magnum

 

[swatski]

There are no legitimate issues with Cobra fins and Yamaha warranty, that we know of.

Rumors were spread (Cobra fins void warranty) by a competitor to various dealers, I've heard about it from my dealer.
Those rumors did not contain honest information.

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[14SX190]

Dealer told me what was wrong with the car (a few hundred dollars for parts and service), but that if they plugged in the bench flashed ecu to the Audi service interface, it would flag the ecu to the manufacturer instantly and void my warranty entirely! So the best thing I could do was replace the ecu with a stock one which they sold me at cost supposedly (~ $600 part with no cost install) and then everything else would be fixed under warranty. Odd situation to be sure, but I went with their recommendation and everything was fine. Went on to trade the car in after the fix and enjoyed my 235 for the next few years!

Thats a great dealer willing to take warranty work if you scratched their back.

There are no legitimate issues with Cobra fins and Yamaha warranty, that we know of.

Rumors were spread (Cobra fins void warranty) by a competitor to various dealers, I've heard about it from my dealer.
Those rumors did not contain honest information.

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That's so wrong, glad some people have common sense and don't follow the herd.