BPS not liable

[Randy Fisher]

I'm a new member on this forum but have been a faithful reader of all the knowledge on here ever since I bought my 2009 Z-7 in May of 2010 from a dealer in NE Texas. Here's what I want to pass on to the group... While my boat was at this dealer for minor fuel problem that was under warranty, all of my rods & reels were stolen out of my locked rod boxes. A total of 11 combos. I had taken out the back boxes thinking they might need to get to fuel tank or other parts back there. The local dealer says he was not negli gent in any way but passed on this problem to BPS in Bossier City La. and I got the same response from them.. I've called numerous people at corporate offices and have not received a call back on this matter.. Pretty much across the board They are NOT LIABLE.. Let your homeowners insurance cover it is all any one repeats.. This is my problem to solve but wanted to let you'll know that the local dealers of Tracker/Nitro and BPS say they are not liable for anything stolen of yours while it is on their property. This includes trolling motors, depth finders ,seats, props,etc. Just check with your local dealers and BPS in your area on how they would handle this. had over 3,000dollars of stolen things and damage less my 1200 deductible. FYI

 

[Bill McElroy]

Sad,..but true,.....I ALWAYS emptied my boat out before I took it in for any work that required an over night stay.

 

[Texas Transplant]

Unfortunately, this holds true in many situations. Very similar as to liability when you park in a public (or private) lot. Never a pleasant experience, and it certainly doesn't help to find this out the hard way.



My Stratos (which I just sold), has been in a storage facility near the house after I moved since last August. Very secure; 27 video cameras; fenced; security procedures for access; controlled access; etc. This spring I went by on one of my routine 'inspections' to see how the boat was doing. Boat had been 'rifled' and some minor items that were left in it had been taken. Most notable was the $20.00 seat post (for the life of me I don't know why). Anyway, got to the stern and 'no SS prop' anymore. Storage Unit not responsible.



Someone will say it, so it might as well be me. Never leave valuables in your boat (locked or otherwise), including when you take it in for service. Those are cash and carry at the local pawn shop.



Tex

 

[Scott Hammer TOXIC]

Heck, I empty the boat at a motel/hotel stay when I am 40 feet away from it. Teri got ripped off as well. Your only recourse is to take the dealer to small claims and only then if they don't have any posted "Liability" signs. I also don't see what the relationship between your dealer and Bass Pro is? If you got ripped off at the dealer Bass Pro has absolutely no liability. Claim it on your insurance (either Homeowners or Boat) and live and learn. Sorry.



TOXIC

 

[TOMMY RICH]

They told me when I took mine to Cinci to remove EVERYTHING I could...and I did.

Still Sucks though....wonder if it was somebody there?

 

[Randy Fisher]

The dealer is a Nitro dealer that's under BPS policy is what I'm told. They get all their boats directly from the La. store or Springfield. They sell at exactly same price with the BPS placards on the stands on showroom floor. Just remember guys I was told that they are not responsible for anything up to and including your semi permanent mounted in-dash HDS-8 or your bolted down trolling motor or a set of seats YES seats.. they steal these off and on. I can't afford to accept the loss for deductible everytime I carry it in to the shop if I'm hit again.

 

[Marty Klein]

Yep, empty that sucker before drop off is the best guidance. last trip to the BAss Pro Shop for service, I emptied everything. Someone swapped out their broken storage box for my good one; at least they did that ... a little black 100 mph tape and I'm back in bidness.

 

[joseph currier]

it is unfortunatly a fact of doing buisness in the vehical service industry.

you as the customer are responsible for not leaving valuables readily available to be stolen in or on your vehical.

open the trap door and put your trolling motor in the truck, same with the depth finder.

leave your pedistals in your garage with your tackle.

or.... if you are a good paying customer that builds a relationship with the service manager like me you can convince him the boat must be kept indoors.

if you've never called corprate on him or made waves for him he will most likely help you by keeping it in the bay at night.

in your case i'd call your insurance company with a list of the stolen stuff and what it cost to replace it. my boat insurance company (progessive) covers my taCKLE up to $5,000

along with the 500,000 liaBILITY, and casulity. all this for $350 a year what a deal.

 

[Jim in VA]

Sorry - but I have to disagree. The "not our fault" line of crap is pure BS from the dealer. All of them carry insurance. The fact that they aren't willing to pony up is them not wanting to make the claim. I had a top box mounted on my wife's minivan that was stolen (and considerable damage to the van itself) when it was at the dealer for repairs under warranty. They tried the "call your homeowner's insurance" route too. I called them on it and made them pay for the replacement box and all damage to the minivan. When the dealer accepts the vehicle for repair, they have to take reasonable and prudent steps to ensure security. I'd call them on it and threaten them with a small claims court filing. You don't need a lawyer - just a nominal filing fee and proof (i.e., receipts) for equipment along with an affidavit from a witness willing to testify that the rod/reel combos were there when you dropped off the boat. :angry::angry::angry:

 

[Cliff Van Beek]

Well I will echo some of the comments here, any items in or on a personal vehicle while at any sort of repair shop, is the responsability of the vehicle owner. I am a service manager in the trucking repair business, if a truck is broken into while on our yard, it is not our liability. I have faced this many times over the years, in this job, and where I came from also, it is simply not the repair shops insurance or cost to repair or replace. That is not to say that many wont help a GOOD customer with issues like this, but it is all at the discretion of that business. I know that echos some of your repies on this, and steps badly on the toes of some that say it is the dealers problem. Now to address the dealer, yes they are an agent of Tracker/Nitro, but that in no way makes the mother company liable for the property or what happens there, they pay dealer fees to advertise and sell the products each year, and yes they are held to some pretty stict standards to fly the flag, but again, it does not tie them together for this sort of liablilty, the only way a liablilty is going to be held against both, is if they sell a defective product that some one gets hurt in.

 

[Mini]

No different than taking your car or truck in for service. Reasonable and prudent steps to ensure security is pretty easy to maintain. A camera, videotape and/or a guard is all you need to fulfill that. It is widely known that you cannot expect a repair facitlty to take responsibility of all contents in all of the vehicles they service. People woul dbe robbing them blind with false claims. I am sure many others have in excess of $10k worth of equipment on each boat.....NO WAY I am risking that when mine has to go in.



Now if there was damage that wasnt a result of theft.....the service center will stand up to that...

 

[joseph currier]

randy,

if you take the i'll advised avise of jim from va. and pursue leagal action you will lose.

thems the facts. period.

the contract you signed or the signs in the shop will most defenatily spell out that they are not responsible for items left in your vehical if this is a legit dealership.

no disrespect towards jim in va. it just is that way.

 

[Bryan McDonough]

To be honest suprised anyone who reads on the internet would leave rods in the boat. My parents has a car vandalized at a cadillac dealership, My Parent's insurance had to cover the vandalism.

 

[Scott Smith]

Seriously....C'mon Randy, you really think that BPS is on the hook for your loss..? Plain and simple..YOU created and opportunity for a thief to take advantage of you..and he did, why is that BPS's fault..? What if your truck was stolen from the lot while you were inside filling out the service paperwork..? Would BPS be at fault..What if you got carjacked on a public road when you left BPS..? Would the city you were in be on the hook for your truck..? What if your buddy left his boat at your house, and everything was stolen off it, or the entire boat was taken..? Would you buy him a new one, would the theft be your fault..? I'm a cop..please here this..Leaving your valuables unattended, accessable, out in the open merely creates an opportunity for an enterprising thief to take them. By in large, people make themselves victims by making life easy for thiefs. Secure your chit. You shoulda taken your property outta your rig, and if I was there to take your police report, I woulda told you exactly that. If people would take just a little more time to take care of their stuff, then I would have a lot more time to go catch bad guys instead of taking unsolvable reports.

 

[Bill McElroy]

Bingo!!

 

[Scott Smith]

Thanks Mac...That kinda struck a nerve..! I feel bad for the fella, he has reason to be mad, but.....

 

[Bob Bourget2]

Well...here's another twist. Most of you who know me will appreciate this. We store close to 1000 boats over the winter. Yes, we have insurance. Yes, we require our customers to have insurance. Had a pesky raccoon literally destroy 3 boats. Nearly $7000.00 damage. I did not ask our customers to call their insurance companies, {even though I could have},we bit the bullet and paid out-of-pocket for the repair. Our deductible is close to 10K, so we couldn't claim it on our end regardless. I did not want to put my customers through that, and didn't. Those three customers will {and have} told MANY others that they were taken care of. One of the boats was a 1985, and the cost of repair was greater than the value of the boat. We did find the raccoon..... If anything gets stolen, damaged, vandalized.....I will take care of it.....even though we tell people to remove ALL personal belongings and we are not responsible!!!! Gotta take care of the "real bosses", the customer.

 

[Greg Meyer]

Y<ou might find this enlightening. I ran this past my son (the lawyer) and he responded that "it is generally correct".



Posted notices, etc. may or may not have any effect on the outcome. But, a service department would be wise to exercise "ordinary care" in protecting a customer's property. (whatever that ultimately means). There does seem to be some obligation or responsibility on the part of the service department.
http://contracts.lawyers.com/contracts/Bailment.html