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Your legal rights - Private and Shop
Buying used kit can be a risky experience, so it is best to
be fully aware of your rights should something go wrong.
Private You have far less legal comeback when buying
privately. The only obligation for sellers is to describe the kit truthfully -
but even if they don't, getting compensation from them can be difficult,
time-consuming and costly. However, you can still expect the kit to be:
- capable of being used for the purpose it was intended, unless the seller
specifies that it isn't.
- owned by the person who is selling it - because if you later find out it's
been stolen, you have no legal right to keep it.
Buying through a Shop The law is clear; you are covered by the Sale
of Goods Act 1979. Kit must be:
- of satisfactory quality, bearing in mind its age, what it cost and how it
was described to you. It should be free from defects, other than those you were
made aware of.
- as described. If the shop says that it is only a year old, and in fact it is
a three year old model, you can reject it.
- fit for any reasonable purpose. Kit should do all that you reasonably expect
of it, including any specifics you state to the shop.
Bear in mind that as of 31st March 2003, the onus is on the shop to prove
that the kit was of satisfactory quality when it was sold. This means that the
buyer no longer needs to seek an independent inspection.
However, if you
believe that the kit has a fault, and wish to take it further with the shop, you
must stop using it immediately, and contact the shop directly. You also need to
follow this up in writing, providing evidence of any problems.
Windsurf / Kite / Surf
Boards
Footstraps: Straps are a good indicator to
how much action a board has seen - if the straps are in good condition you could
be on to a low mileage bargain. More 'tired' straps might need replacing so
factor this into the pride if necessary.
Non-Slip: Add on the
price of re-gripping the board if you think this will be
necessary.
Fins: If the board was originally sold with a fin it
is fair to assume it is included in the price. If it has seen 'better days' then
prepare to haggle on the price.
Deckplate / Mastfoot
Fittings: Most new boards are supplied without a deckplate so if one is
supplied this is really a bonus. Note that some older boards need special mast
base fittings for which replacements are difficult to find.
Mast
Tracks: Check to ensuer that mast tracks are in good order. On older
boards there can be several moving parts - so check to see whether they need
attention. Serious damage here is complicated to repair.
Hull: Minor dings are common and not terribly serious but any
poorly or non-repaired damage will need to be seen to. Superficial damage will
involve cracking of the gelcoat outer layer. More serious damage would usually
be announced by longer cracks. Check for cracks around the nose, rails and
finboxes.
Check for creases on the underside of the board and for any
soft spots when applying gentle pressure.
Deck: Any widespread
soft areas might be indicative of delamination or a board that is full of water
- these could amount to serious problems needing serious repairs. As a rule,
steer well clear of creased or crease-repaired boards - if the crease is around
the middle of the board it has usually been caused by hard jump landings and
seriously weakened.
Windsurf
Sails
Monofilm: In contrast to boards, which can
last more or less indefinitely if well cared for, sails do wear out if you use
them enough, simply because monofilm, used extensively in the majority of
windsurfing sails, degrades in UV light. Monofilm that has seen too much sun
loses flexibility and turns brittle.
Luff tube: Wear and
tear around the luff tube usually has little bearing on the performance or
longevity of the sail, the only inconvenience being at the time of rigging when
care needs to be taken to prevent the mast snagging whilst being sleeved.
Battens and Tensioners: Check none of the battens are
broken and all of the batten tensioners are present and successfully tension the
battens as intended.
Other Fittings: Very occasionally the
eyelets used at the foot and outhaul of the sail rips out, so check they look
healthy. Ensure that any adjustable mast head systems are present and in good
order, check the plug will fit your mast and the webbing is okay.
Sizing: Before going through with any impulse sail purchase take a
moment to check that it will fit with the rest of your kit - can you rig it on
your intended mast and will the boom fit. Mast and boom requirements are usually
printed on the sail itself and on the sail bag.
Kites
Inflatable Struts &
Bladders: When buying a second-hand inflatable kite it is worth looking
over the whole kite with a fine tooth comb - in particular the leading edge and
inflatable struts. Pay particular attention to bladders and check for any signs
of holes. Excessive wear and tear along the leading edge tube may cause
puncturing of the internal bladder. Inflate - before you
buy! |