Maverick 400 Hull #008,
named TAKE TWO (formerly Andando)
The Builders Perspective
We are looking forward to hearing your response to this in the comments section below.
The full truth about the Maverick 400 Andando
This section explains in more detail the builders perspective to Maverick 400 named "Take Two" hull #008, the yacht formally called Andando, and the full truth relating to the facts and circumstances of this yacht.
It is best to first read this executive summary before going into these details.
After the repair work was conducted in New Zealand, and paid for by Maverick Yachts, the owner contacted the builder and demanded a cash settlement of NZD $150’000 and stated verbally & in writing that if Maverick Yachts did not pay this money to him by a certain date he would embark on a smear campaign against the business disclosing all Photo’s & Videos of the yacht before it was repaired under warranty.
Maverick Yachts does not do business in this way.
Maverick Yachts approach to owner's threat
The builder acknowledged that it had a dispute with the owner.
The Agreement of Sale gives guidance on how to resolve disputes, and this clearly stipulates that in the event of a dispute that both parties agree that they will co-operate in Arbitration proceedings. The owner refused to co-operate in an Arbitration proceeding, even though it was in the contract. Maverick encouraged the owner to rather pursue other legal channels to find a solution to the matter. The owner refused to explore the legal channels that were available to him to have the matter resolved and continued with his demands for
cash settlement with the threat to run a smear campaign against the business.
- The owner refused to cooperate in an Arbitration proceeding
- The owner refused to peruse legal channels that were available to him to have the matter resolved.
- The owner never submitted any legal claim against the business during or after the warranty period.
At this point, the owner decided to take the law into his own hands and embarked on the smear campaign.
The smear campaign of the owner consisted of :
- An illegal website containing false & misleading information, many factual errors and other incorrect information.
- 3 rd party survey report from prior to warranty repairs being conducted posted in Word format that can be altered.
- a“survey report” conducted by a person who is a not a yacht surveyor AND did not perform an out of water survey
- photos & videos of the yacht prior to warranty work being conducted
- False advertising & fake adverts: clearly showing that the owner had no intention to sell the yacht as he did not put any information normally typical of listing a yacht, such as Sale Price, Full Specification & Options, the current location of the vessel or recent Photos of the current condition of the yacht. The yacht continued to be advertised for sale under the Andando under 'full disclosure' long after the fact that it was re-named Take Two.
False Yacht adverts did not state the yacht was repaired under warranty & certified as CE Approved: Category A.
In the smear campaign, there is no disclosure or clarity of which issues on the yacht related to damage caused by the delivery skipper, owners neglect or misuse of the yacht and which issues related to manufacturer defect.
Even though the manufacturer repaired many things under warranty, including damages caused by the delivery skipper and owner himself – there is no mention of this in the smear campaign or False Advertising.
Information on the smear campaign is grossly misleading
The intention of the smear campaign is to put pressure on the builder for cash settlements. Unfortunately, the owner’s vindictive actions have had a negative effect on many innocent victims who have nothing to do with this situation. Affected people include;
- The reputation of South African boat builders
- The reputation of Boutique boat builders
- Existing owners of Maverick owners & their families
- Potential buyers who may have been put off buying a Maverick, even though it could have been a much better choice for their agenda & requirements.
- Staff in the factory & their families
- Suppliers, Investors, Financers to the business and other Stakeholders
There are a lot of innocent victims from the smear campaign the owner embarked upon. We believe it was done for the wrong reasons and that his intentions shine through.
When affected stakeholders have requested he discontinue the smear campaign, he ignored them and refused to help him.
Direct competition loved the Smear Campaign, for example, the Lagoon Dealer in Auckland NZ, who posted the False Advertising of the yacht (with no price, no specification & no current photos), this advert was not updated for the new yacht name and did not include the most recent CE survey & certification.
Warranty & legal claim
At the moment the owner began to demand cash settlements to prevent a smear campaign he 100% forfeited any further help or assistance from the builder.
The Yacht was repaired under warranty by the builder, which included
- Correct manufacturing errors in interior paintwork & other items. The whole yacht was complete
resprayed on the interior
- The builder repaired FOR FREE many items of the yacht that was clearly due to the owner’s neglect, misuse and damage caused by the owner’s delivery skipper.
- The yacht was surveyed at the end of the warranty period as being CE Compliant, by an independent certified Yacht Surveyor. It was CE Compliant when launched; this was validated again.
Maverick Yachts is open to resolving all matters with hull #008 in a fair & balanced way through a legal process, provided that these proceedings;
- include all concerns & claims of the owner, and it is agreed such proceedings are the single place for dispute resolution
- include taking into account all damages to the good name & reputation of the builder that the owner caused as part of the case AND,
- include a full review of the legality of the actions taken by the owner & the owner takes full responsibility for his actions.
Current STATUS (31 July 2018)
Currently, the owner of the Maverick 400 Take-Two spends extended periods of time living and sailing on his yacht, taking it to exotic locations. He still continues with his smear campaign not disclosing in public any of the locations or photos of how he is now sailing and living on the yacht.
Maverick Yachts have done everything in our power & within reason to please him.
We’ll stick to our principles and are ready to move on.
Maverick is committed to building great yachts that are well designed, constructed in a magnificent way using the best materials build by passionate professionals who take pride in their work. Maverick stands by their products and their customers and are committed to doing our best for their customers. They have quality processes in manufacturing to ensure we build comfortable, safe & reliable yachts.
Maverick Catamarans are designed & built to European standards and CE Approved.
Any Comments Welcome – PLEASE POST HERE
We look forward to hearing your views on the matter.