Swivl-Eze Marine Transom Saver causes transom damage Lancaster Texas

5/1/03 letter to company president following refusal by manufacturing manager to accept or acknowledge any product damage liability. I did not receive a response from the company president.

I recently purchased your Swivl-Eze Model #10108 Lock N-Stow from Bass Pro Shop in Nashville for use on my Fisher GT18 boat with a Mariner 90 HP engine. I needed to replace the transom saver bar that was included in the original equipment when I purchased the boat.

My buying decision for the Lock N-Stow was based on the following criteria: The literature on the Lock N-Stow carton label implies the Lock N-Stow would provide proper engine support without damaging the transom. An ad for the Lock N-Stow in the Bass Pro Shops 2003 Marine catalog reads, a unique transom saver . . An ad in Cabel's 2003 Marine catalog reads, Keep your motor secure while on the way to the lake without damaging your transom.Copies of your carton label and both ads are enclosed. Based on the above information, I purchased the Lock N-Stow instead of your Shock-Eze transom saver.

On April 12-13, 2003, I towed my boat a total of 250 miles roundtrip to Lake Barkley in Kentucky. After returning home, I examined my boat and noticed both support brackets for the transom were completely broken and the transom had a three-quarter inch gap (bow). I also noticed a water leak while on the lake. None of these problems existed prior to using the Lock N-Stow device. During this trip, the only variable that changed was use of the Lock N-Stow, i.e., the engine did not hit any stumps, logs, rocks, road, etc.

To avoid further damage, I returned the Lock N-Stow to the Bass Pro Shop and purchased your Shock-Eze transom saver before taking my boat to C&O Marine in White Bluff, TN for repair of the transom. I told the salesperson at Bass Pro about the damage cause by the Lock N-Stow and I said they should discontinue selling it because of the damage it caused. I also noticed C&O Marine carried the Lock N-Stow and I told them the same thing.

Mr. Robert Christy, the repair technician for C&O Marine, told me the damage to the transom was caused by the Lock N-Stow device not providing sufficient support for the transom. The boat is still at C&O being repaired but enclosed is an estimate for $1,108.48 for the damage repair.

I am very disturbed that your product caused the damage to my boat and the costly repair. On April 25, 2003, I spoke with Mr. Perry Kirkland, your Manufacturing Manager, about this matter. He said the Lock N-Stow is not a transom saver but rather an engine support and stabilizer. I told him the carton label implies that it would provide proper engine support without damaging the transom. There is nothing on the carton label that indicates it is not a transom saver nor is there any warning that transom damage may occur by using this product.

I asked him if a transom saver bar must be used in addition to the Lock N-Stow and he said you couldn't use both (I assumed that would be the case). I also told him about the ads for the Lock N-Stow in the Bass Pro and Cabela's catalogs. He said Swivl-Eze could not be responsible for the content of ads appearing in these catalogs. I said I was really surprised that Swivl-Eze doesn't collaborate on such ads with your market channel. Most manufacturers do and I believe your company likely does too. I told Mr. Kirkland that I expected Swivl-Eze to compensate me for the damage.

He said he didn't believe that would be possible but he would check and call me back that same day. On April 28, 2003, Mr. Kirkland called me and reiterated that your company would not compensate me for damages.

This morning, I called your company again and spoke with Karen Haga, Operations Manager. She said she was sorry about my situation but said there was nothing your company would do. Unfortunately, I didn't take photos of the damage. My evidence is the repairman's assessment that the Lock N-Stow caused the damage, the carton label not clearly stating it is not a transom saver, the catalog ads stating it is a transom saver, and the fact that the only variable that changed during the April 12-13 trip was use of the Lock N-Stow. Given the circumstances, I don't think my request is unreasonable.

I had hoped to resolve this matter and avoid taking further action. However, since both of your employees denied any product liability and refused to consider compensating me for the damage, I am sending you this letter. I am also filing complaints with the BBB of Metropolitan Dallas and the Office of the Attorney General of Texas.

Additionally, I am sending copies of this letter to Bass Pro Shops and Cabela's. Fellow members of the Central Tennessee Bass Club and others will certainly hear about my costly experience with your product and your company's apparent lack of concern for customer satisfaction. Just be honest and fair with customers treat them as you would want to be treated. Simple rules, hard for some companies to execute. I'm not trying to rip you off. I just want to be made whole again for damages caused by your product. I can be reached at xxxxxxxx(office) or xxxxxxxxx(mobile) if you would like to discuss this further.

Regards,

Received no response from the following that were copied on my letter:
Better Business Bureau of Metropolitan Dallas
Attorney General of Texas
Bass Pro Shops
Cabela's

Jack
Franklin, Tennessee
U.S.A.