Dealer Installed question

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Don Bodemann

In their shoes

I agree, nothing like a good debate on law and "justice". If you built the boat and said don't put more than 9 hp and some guy put 15 on it and broke it how would you feel about getting sued? I would like to hear the instant replay on the discussion when the decision was made to put on the 15 between the installing dealer and the customer. Hard to believe there was no mention of what was supposed to go on the boat and that was being exceeded. If the dealer failed to warn the customer that he would be voiding any warranty and that the customer must assume all risks....then the dealer is at least partialy liable IMHO as he has an obligation to warn the customer and make him aware that he is "stepping out of bounds". Of course the customer has publically announced that he is aware that he is "out of bounds" and thereby relieves the dealer of any liability....Unless he can proove that there was damage done before he became aware that he was "Out of bounds"...How's that interpitation for an arm chair lawyer?
 
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Dave Condon

To be a Motor or not a Motor?

Steve; As a dealer who sold more of these puppies than anyone else and familiar, I would like to belay your fears. First, most engine blocks for a 9.9 are the same block for a 15 hp but upgraded for the extra horsepower. Based solely on many factors, the 9.9 at full throttle will cause the Hunter 26 to plow through the water and as a result, I had to back off the power. If you have a 15 hp motor, just relaize that you do not need to use full power and when plowing, simply back off. A little common sense and you will be ok. Have fun sailing. Crazy Dave
 
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jason bell

warn me please

Hope this dosn't mean that if we go to buy a new boat next year it will be up in price and covered with warning labels like a new ladder. Russ & Steve you can go to court I'm going sailing.
 
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Mike Pajewski

HP limit is most likely based on hull speed

Not being a marine architect, my best guess is that the engine size is based on hull speed. My 26 came with an 8HP Tohatsu. It pushes the boat at 6.3 kts according to my GPS, and hull speed for a 26 is 6.5 kts. When the wind picks up, the 8 HP is challenged to overcome the windage on the 26. If I was to do it over again I would get a 4 stroke 9.9. Either way, you can't really exceed hull speed, if you up the horsepower, so why would Hunter recommend an engine larger than the 9.9. It wouldn't make sense and would just drive up the cost unnecessarily. There are times I wished I had a 9.9 (or a 15) and if I already had the 15, I wouldn't get rid of it. I'd ride around at part throttle, and when the wind & waves piped up, you have some reserve power to overcome them. Mike Pajewski H26 "Loon"
 
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Jim Kolstoe

Everything expires....

...including written warrenties and implied warranties of merchantability and fitness. So check your warranty for two things, duration and coverage with the higher hp engine. A general rule of thumb is that the warranty covers what the manufacturer did, not what you did that is out of the manufacturer's control. If the dealer made express warranties that the more powerful engine would not cause any problems, he or she may have made an implied warranty of fitness, but I don't think you could go after the manufacturer on it. Your central problem is that you modified the system by using the bigger, non-standard engine. I believe most jurisdictions would deem this to nullify any warranties. Practically speaking, why hang the 15hp on it if 9.9 hp will drive it at hull speed? Generally, the smart thing is not to ask who you can go after if it blows up in your face, but how to avoid having it blow up at all. If you just have to push the question, talk to a lawyer in your jurisdiction. A note on the civil/criminal intent - one gets you in jail, the other in bankruptcy. I presume you can guess which is which. Ji,m Kolstoe
 
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Dave Condon

Transom

Construction of power boat transoms are thicker and stronger as you hang heavy and high hp motors on them.. Sailboat transoms are not heavily constructed as they displace motors requiring small engines. Again, read my note and one from mike pajewski who also knows me. Commmon sense with the motor you have and you will be fine. Guys, we have said enough on this issue. let it rest. Crazy Dave
 
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Sam Kurtz

My 50 HP

Should I take the 50 off of my boat then? We really enjoy watersking behind it. Maybe I should just hang a 25 on either side of the transom.
 
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Gregory Stebbins

Water sking and Hunters

Where do you attach the ski rope? I attach to the base of mast because I don't want to over stress the transom.
 
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Eric

Evolution?

Now you know how McGregor got going with its 26X one night in a bar. It is now reality. Sometimes one should keep fantasies private. By the way have you seen the new 290 turbo?
 
Dec 2, 1999
15,184
Hunter Vision-36 Rio Vista, CA.
Seinfeld Show!

This post has become the return of the Seinfeld show. The thread about NOTHING. Isn't it fun anyway?
 
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Jay Hill

Yachta, Yachta, Yachta

Copyright 2000 by Hill Enterprises, Inc., All rights reserved. (Unless it's illegal?)
 
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Steve

Yikes!! I sure done this time!

I must say I’m impressed with the responses… (maybe a record!) my “little” 15 doesn’t realize it’s popularity.. I agree that I do enjoy that extra power when things get tough or backing down in a pinch, however I just wanted to know the "long term" effects, if any, a motor of this size (HP) would have on the boat.. we didn’t realize the OEM restrictions when we went through the purchase process, and actually, every thing works great, doesn’t weight any more then a 9.9, or look different, other then the decal. Pushes a little under 7 at full throttle, rarely need too! Isn’t it funny that a simple question of legal issues can get so much response, while a simple cleat or furler question may get one if any.. Says something about this world..doesn’t it! Anyway... Thanks for thinking..!
 
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Russ King

Jason, save a seat for me...

I don't ever want to see the inside of a courtroom. I have heard too many horror stories, and have seen too many friends and relatives screwed by the legal system; I can't even call it the "justice system" anymore. So save a spot for me, Jason; I'll go sailing too.
 
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