Good deal?

[reelapeelin]

Yeah, Reprits...sounds good to me :D ... DO IT!! Make sure the warranty is NON-DECLINING=same coverage in yr 6 as in yr 1 ;) ...

[randlemanboater]

Why not see how much more for the 175? ;D

Looks like I'm going for it!

[macojoe]

Congrats!!!!!!!!!!!!!!!!

If you don't like it I will tarde you my 1987 Evinrude for it, and I will even do the swap at no charge! ;) ;D

[Blue_Runner]

RB, interesting but who do you call for a tow when 25 or more miles out?

Repirts, when you buying it? :D

[Bygracealone]

Good question BR to RB :P

RB, "who ya' gonna call?" ;D

Seriously though, I'm curious, what would a guy do in that situation? Would Sea Tow or Boat US answer the call and just charge the full amount? Seems to me it would be a very lucrative thing for them to do...

[Blue_Runner]

I think Sea Tow would gladly give you a tow without a membership but I'd hate to see the bill. They hit a guy (a valid seatow member) up for many thousands of dollars once who got stuck on a sandbar. It was a 20 something foot boat with twins. There was a big write-up in the NC Sportsman about it. They declared it a "salvage" even though there was very little if any damage to the boat. There is some type of paper they try to make you sign and if you sign it they can do that.....if I remember the article correctly. Very scary indeed since you feel like you are covered by having the membership. The best thing to do is read the small print and do your research.

But my point is I would be afraid it would cost well over $500 to get towed unless you found some friendly folks who didn't mind giving you a tow. Which might be hard 25 off. :-/

[Blue_Runner]

Still looking for the old article but I found the agreement papers I was talking about:

MARSALV® contract (U.S. Open Form Salvage Agreement)

I believe the article said "NEVER SIGN THIS OR YOU ARE SCREWED!"

[Blue_Runner]

Ok, not the one in NC Sportsman but the exact same scenario. BEWARE OF THIS IF YOU HAVE SEA TOW!
http://powerandmotoryacht.com/features/0103badday/

[Blue_Runner]

I guess it happens quite often:
http://www.floridalawyer.com/news-practical.html

And another:
HERMIT CRAB AWARD
Sea Tow Port St. Joe, FL v. David DeLeo

SMA Award No. 3927

This recent SMA salvage award before a sole arbitrator involved a fishing vessel that foundered and nearly sank in stormy weather about 20 miles off the Florida Gulf Coast in March 2005.

During the night of March 7, 2005, the Hermit Crab, a 55-foot sport fishing vessel with her owner, his wife and her [adult] son aboard, was struck by a waterspout, lost power and began taking on water. The U.S. Coast Guard responded and attempted without success to anchor the vessel. The Hermit Crab began to sink, and was abandoned by her crew, who were then rescued from the water by Coast Guard personnel. The owner, who was apparently diabetic, was hospitalized. The vessel was left adrift with about 12 feet of her bow above water. The next morning, the son called Sea Tow Port St. Joe and asked them to salvage his stepfather's vessel and to retrieve a box of his mother's ***elry that was still onboard. However, no operations were conducted that day due to poor weather and 8 to 10 foot seas.

On March 9, Sea Tow, along with the stepson (in his own boat), located the vessel, which, although still partially afloat, had capsized. Sea Tow was unwilling to enter the vessel or undertake her salvage without a contract, and proffered a Sea Tow "Log and Job Invoice" that provided for wreck removal on a time and materials basis. No amount was estimated, although the stepson alleged that Sea Tow told him the job would cost between $25,000 and $30,000 when he signed the contract. The stepson also allegedly told Sea Tow that the ***elry was worth about $200,000, although the owner and his wife later testified it was worth no more than about $15,300.

Two days later the stepson signed a U.S. Open Form Salvage Agreement ("MarSalv") with the work similarly described as in the Log and Job Invoice. However, the notation "per price list" had been added and a three-page list detailing labor and equipment rates was attached.

The ***elry was retrieved on March 9, and over the next nine days the vessel was towed first to a marina at Scipio Creek for complete dewatering and inspection, and then to a marina in South Port where she was hauled out. Early on March 11, a Sea Tow company in Horseshoe Beach, some 70 miles from the site, was called in to assist because it operated a larger salvage vessel with stabilizers. However, some three hours after departing Horseshoe Beach the vessel lost both stabilizers and returned to port. Sea Tow Port St. Joe did not go to the site that day to continue salvage work on the Hermit Crab, nor did it attend at the site for the entire weekend of March 13 and 14. According to the salvage report, this was due to "bad" weather. However, the owner maintained that Sea Tow was attending to other towing jobs.

On March 21, the owner of the Hermit Crab and his insurance company were presented with a bill for $84,446.25, which the owner refused to pay. He contended there was no enforceable contract, or if there were, the job could cost no more than the $25,000 to $30,000 Sea Tow told his stepson that it would. In addition, the owner argued that he was not personally liable because his stepson signed the contract. He also found Sea Tow's bill exorbitant and argued that because of their delay in salvaging her, every window on the Hermit Crab was broken, which led to her total loss.

Sea Tow alleged that the owner received $250,000 from the vessel's underwriter, plus an additional 5 percent of that figure towards salvage costs. In addition, Sea Tow maintained that the vessel was ultimately sold for $35,000. No documentary evidence of this was introduced. However, the owner produced a bill of sale for the vessel to a Florida auction company for the consideration of $1.00.

The arbitrator had to first decide whether there was a valid, enforceable salvage contract, and if so, whether Sea Tow's charges were misrepresented and/or excessive; and whether Sea Tow's alleged delay caused additional damage to the vessel. He also noted that because the salvage was undertaken on a time and materials basis, the considerable discussion as to the values of the vessel and its contents was moot, because Sea Tow's compensation was assured irrespective of whether the Hermit Crab was saved or not. Nevertheless, this did not give the salvor a carte blanche: his charges had to be reasonable. Although the two contracts were signed only by the owner's stepson, the arbitrator was persuaded by the parties' actions that there was a valid and binding contract. In fact, the owner himself stated in his affidavit that he and his wife had called Sea Tow repeatedly during the first five days, begging them to save his boat.

There was no other evidence to support the stepson's allegation that the job would cost a maximum of $30,000. Neither the Log and Job Invoice nor the MarSalv agreement contained any such references, and the arbitrator noted that because written agreements are generally deemed to embody the entire intent of the parties, the parties in this case were bound by the terms of the contracts they signed.

The arbitrator found no evidence to indicate that the reason all of the vessel's windows were broken and the boat became a total loss was because of a delay by Sea Tow in salvaging her. The owner himself stated the vessel was hit by a waterspout--a marine phenomenon akin to a tornado. This was the likely cause of the windows being blown out. In fact, according to the Coast Guard station report for March 10, Sea Tow's divers reported there was no apparent structural hull damage, but confirmed that the windows were blown out.

With respect to Sea Tow's bill, which was itemized by day, personnel and equipment, the arbitrator found it to be overstated. Sea Tow was not faulted for any lack of expertise or equipment, and clearly the operation involved some risk, especially on the first two days. However, the evidence indicated the operation took place largely in fair weather, and the salvage report contained few details of weather conditions other than to describe them occasionally as "bad" or "deteriorating". In addition, Sea Tow was not on site for three of the days on which substantial charges were assessed for its equipment. The owner was also charged with the cost of the aborted trip of the vessel from Sea Tow Horseshoe beach, and for "standby time" attributed to persons not identified in the salvage report. After reviewing the bill, the arbitrator reduced it by $21,147.75. Sea Tow was also awarded interest at the average prime rate on its revised claim. Each side paid its own costs and attorney's fees, and half the arbitrator's fee.

Stephen H. Busch