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Opinion - FlySurfer decision

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Kirok
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Re: Opinion - FlySurfer decision

Postby Kirok » Tue Jan 10, 2012 7:51 pm

I said that's what I would have done not you.... :oops:
I live in Denmark and shipping I guess must be cheaper. 750 dollars sounds like a lot.
flyrob wrote:
Kirok wrote:Getting back to the original question: It is unreasonable to ask for totally new gear and lines?

In light of the kite being repaired in Cabarete, What I would have done was the following:
Agree with Flysurfer that they receive and inspect both kites and the bar. Agree with them that they inspect the kites and repair any problems that might have been overlooked. That Flysurfer put in the replacement lines and mixer test them. They should inspect the metal block to see if there was an imperfection there causing line abrasion and breakage and replace or repair as needed. True, you will not have that gear until it is returned but at least everything will be tip tuned when it gets back.

Aside from me ending up with a damaged/repaired kite that I intend to resell when the new models come out, I was told by Flysurfer to get it repaired in Cabarete. It would be stupid to spend $750 to ship it back and forth to Germany.


Kirok wrote:Flysurfer is a company that cares about its customers. It sounds like they gave you a fair shake so far. My opinion is that your kites will be as good as new when they get done with them so there is no point in getting new ones.
So you think it is a "fair shake" for me to go through all that, spend another $750 for shipping, be without a kite for my vacation, out of a kite for a month or two and end up with a kite with a damage history?

What part of the "fair" doctrine did I contribute to that results in me being in this position after a single ride?
Kirok wrote:The line issue: They are high quality lines and pre stretched.

Evidently, they are not high enough quality. Nor are they assembled nor inspected satisfactorily from the pics I posted. I see better lines on Best and Ozone kites and my Ocean Rodeo and Cabrinha to name four I have direct knowledge of.

From the picture, it looks to me that there might be a problem with the metal block that Kitesurfer should look at.
Again, not my problem.


Have you heard the proverb http://en.wikipedia.org/wiki/For_Want_o ... _(proverb)

For Want of a Nail

For want of a nail the shoe was lost.
For want of a shoe the horse was lost.
For want of a horse the rider was lost.
For want of a rider the message was lost.
For want of a message the battle was lost.
For want of a battle the kingdom was lost.
And all for the want of a horseshoe nail.

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Re: Opinion - FlySurfer decision

Postby SupaEZ » Tue Jan 10, 2012 8:04 pm

Personally in my business if a client has a freak problem with a product he bought from me no matter how much he paid for it i replace it with a brand new one to keep peace and make sure he remains a faithful customer for life.

One happy customer will tell a friend to go to your business
One unhappy customer will tell 10 friends to avoid buying from you

I am so sorry about your problem with them
You may have to shop elsewhere next time
You could consider 2012 Spleene X19M foil kite
Check out their website
They have great detailed information on theirs products and also have tube kites and lots of boards
I am myself considering going with them in 2012

Looks like you will be telling 10 of yours friends not to bother with Flysurfer
Because they sure don't seem to want to bother with your future business and satisfaction
They have plenty of business and can afford to lose you
SO :sorry: FOR WHAT YOU ARE GOING THROUGH

flyrob
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Re: Opinion - FlySurfer decision

Postby flyrob » Tue Jan 10, 2012 8:22 pm

Sorry Kirock, didn't mean to upset or insult you. I just tried to give some insight to the situation as it played out with me.

I see Flysurfer's 6 month no-questions asked free repair offer as a good thing when it comes to overcoming the public's fear of complex repairs of foil kites.

But it is not a "warranty" per se.

And it certainly does not overcome the international laws of "implied warranty of fitness for a particular purpose" My business involve a simple inexpensive part that has very expensive and life threatening consequences if it fails. I am all too aware of the implication of these internationally ratified warranties and the very high bar to overcome them through language. Flysurfer has not and cannot.

Nor should they. Like I said, I think that someone made a bad decision in their line choice and in not handling this properly.

http://en.wikipedia.org/wiki/Implied_warranty



From that summary ;

"In common law jurisdictions, an implied warranty is a contract law term for certain assurances that are presumed to be made in the sale of products or real property, due to the circumstances of the sale. These assurances are characterized as warranties irrespective of whether the seller has expressly promised them orally or in writing. They include an implied warranty of fitness for a particular purpose, an implied warranty of merchantability for products, implied warranty of workmanlike quality for services, and an implied warranty of habitability for a home.

The warranty of merchantability is implied, unless expressly disclaimed by name, or the sale is identified with the phrase "as is" or "with all faults."

To be "merchantable", the goods must reasonably conform to an ordinary buyer's expectations, i.e., they are what they say they are. For example, a fruit that looks and smells good but has hidden defects would violate the implied warranty of merchantability if its quality does not meet the standards for such fruit "as passes ordinarily in the trade".

The warranty of fitness for a particular purpose is implied when a buyer relies upon the seller to select the goods to fit a specific request. [/b]For example, this warranty is violated when a buyer asks a mechanic to provide snow tires and receives tires that are unsafe to use in snow. This implied warranty can also be expressly disclaimed by name, thereby shifting the risk of unfitness back to the buyer."

flyingweasel
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Re: Opinion - FlySurfer decision

Postby flyingweasel » Tue Jan 10, 2012 10:52 pm

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Last edited by flyingweasel on Sun Jan 21, 2018 11:12 pm, edited 1 time in total.

flyrob
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Re: Opinion - FlySurfer decision

Postby flyrob » Tue Jan 10, 2012 11:26 pm

flyingweasel wrote: YupI have had the same with one less than 20 mins out the bag. It was replaced no issues whatsoever and so was the one it was replaced with!!

I however handled it differently to the way you are.

Its not nice and knocks confidence in the gear which stays with you....good luck on that.


It does knock the confidence in the gear, AND the company.

I can resolve both if Flysurfer comes around before it goes to court and by replacing the lines with a better set.

How did you get them to resolve your problem?

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Re: Opinion - FlySurfer decision

Postby DenisLaMenace » Tue Jan 10, 2012 11:28 pm

it must be very windy in Australia because PMU has not yet jumped on this thread :lol:

Tone
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Re: Opinion - FlySurfer decision

Postby Tone » Tue Jan 10, 2012 11:49 pm

Bille wrote:
Tone wrote:For starters they have a free repair service which should be used I would have thought.

I have been flying FS kites for years and have never had what has happened to you so I think you have been unlucky, this doesn't detract away from the fact it has happened.

...

I don't think coming on a forum is the best way to get your way but I might be wrong, either way sorry you have had such bad luck.

Tony
OUCH -- and your saying this "After" --flyrob-- posted this :
flyrob wrote:In any case, here is the problem.

I want a new kite and better lines. Flysurfer says they will give me one new front line, a pulley and a $100 credit!
...
And exactly HOW was he suppose to use that FREE repair service down in Cabarete ?

So TONY : "are you a flysurfer dealer" ?
Because i think a Forum is Exactly the place to warn other prospective costumers of
this company and their willingness to back their equipment !!

====================================================================
Anyway --flyrob--
Please let us know if Flysurfer eventually makes Good on this equipment failure
as it will make a "Huge" influence on my decision to purchase one of their products!!

$3K is a LOT of money, and they won't be getting any of mine if you have to
pry your loss from them in court.

Bille
No, I am not a dealer, never have been, NEVER will be.

but lets put it this way... Will you just send 2 new kites to Cabarete on an email from a customer?

Look, shit happens... to EVERY company and it seems to have happened to someone with new kites which shouldn't happen and I am SURE FS will pick up on this.

As a business ( I work in IT) every day I get people calling up saying "I FUCKING WANT A NEW THIS AND THAT" it happens.

I am sure with time and talking to FS they will sort the problem to the point where the customer is happy..

we don't have a time line on this and if I was FS I would NOT just send new kites to some guy in DR...get real.

Try that with Best, Cab, Naish... all the same,

look I was trying to say you got a bum deal, it SUCKS and I would be pissed if it happened to me too...

but, you can't just stamp your feet and get something for nothing.... this is a time when companies have to protect themselves....

I don't doubt this problem happened to you and I am SURE that FS will man up and sort you out but for now you have to have some time..

your lines look NOTHING like the lines on my kites and the last 8 years of kites I have had from FS...

I am a BIG lump on FS kites and have put them through more than most and NEVER had this issue... I think it is freak and the fact there are not hundreds of complaints I think you are the poor guy that got seriously unlucky.

flyrob
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Re: Opinion - FlySurfer decision

Postby flyrob » Wed Jan 11, 2012 12:00 am

DenisLaMenace wrote:it must be very windy in Australia because PMU has not yet jumped on this thread :lol:


He's on the beach with his girl...

[youtube]http://youtu.be/Yk_hUfxo1NI[/youtube]


Can anyone embed this for me?

http://youtu.be/Yk_hUfxo1NI

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Caesar
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Re: Opinion - FlySurfer decision

Postby Caesar » Wed Jan 11, 2012 12:08 am

flyrob wrote:So I finally drank the Kool Aid and bought into the elite Flysurfer clique. Two Speed 3's, a 21m and a 12m, both in NEON GREEN as a promo for my company.
In Late December this year, I went down to Cabarete in the DR and opened up my big green 21m!
Hi Rob,

In my opinion you are entitled to new gear if that stuff which failed just came out of the bag and was used for the first time.
I hope it will be replaced.

Cheers
Caesar 8)

PS: Are you the Rob I know from Cabarete 3 years ago? Pilot for ...

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s1buell_wl
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Re: Opinion - FlySurfer decision

Postby s1buell_wl » Wed Jan 11, 2012 1:04 am

Wholly !@#$ Rob

I can not believe FS treated with you in this manner. As you know I've had a few and sold them, upgraded them and just recently after chat'n with you I had been shopping for FS SP3 12m.

I like having a foil in the mix. This is the first year I've been completely tube-less, hence looking for a FS 12m.

I know you just bought those kites and was even looking to stop by Brasil to get them unwrapped and wet. This is so simple, you got a bad kite and lines. FS should have requested proof and maybe a personal touch in this case, a phone call. After this they should have had you contact the nearest dealer too have a closer look and based on his review and conversation with you replace the kites/bar..... whatever. You were on vacation for gods sake! That's cold!

You know what, I was shopping for the FS 12m and my normal shop told me he's had enough and will not deal with the local FS distribution rep. hemmmm wonder why, wonder whats up.

I can tell you one thing I'm going to watch this unfold before even looking at another FS product.

Well I'm in the US right now, I'm going to pick up my 29m Dutek Nuclean. Cant wait to get her home and fly that

Got to go time to board.... let me know what happens!


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