| RI-10-01 REPLACEMENT OF DAMAGED OR DEFECTIVE SAILS (2010-09-09) |
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| Q1: | I bought a sail in September of 2009 and it was damaged beyond repair in April of 2010. Can I replace that sail with a sail delivered in 2010 that does not count against my 2010 tag limit? |
| A1: | Yes with qualifications. The applicable rule, 6.8.1, is shown below. Clause (C) allows one year for delivery of a replacement sail. This is interpreted to mean that a replacement sail can be delivered within one year of the tag date on the sail to be replaced. In this situation the original sail has 09-09 tag date so a direct replacement can be delivered no later than 08-10. This provision of the rules avoids the unfair treatment that would result from a strict calendar year interpretation where, for example, a sail delivered 12-09 could not be replaced by a sail delivered 01-10. The replacement will be noted on the class sail tag list to clarify compliance with the purchase limits. If the replacement sail is delivered more than one year from the date the original sail was delivered, the replacement sail is applied to the sail tags for the current year. Careful attention should be paid to the last sentence of 6.8.1 that excludes normal wear and tear and poor design from the definition of ‘defective’ or ‘damaged.’ The decision regarding qualification for replacement is made by the sail maker and the local fleet representative. The applicable Class Rule: 6.8.1 Any sail that, in the written opinion of the Chief Measurer or the relevant Fleet Measurer, is defective or so substantially damaged that it cannot reasonably be repaired, may be replaced, provided (a) such opinion, the certificate required by rule 6.9 and the sail tag of the defective or damaged sail are all received by the Class Secretary, (b) the registration year of the replacement sail is not newer than the registration year of the sail it replaces, (c) the replacement sail is delivered within one year of the delivery date of any sail being replaced, and (d) a replacement sail does not count against the sail purchase limitations of the first sentence of rule 6.8. A sail is ‘defective’ for this purpose only if its material or manufacture (rather than its shape) is defective and the sail maker has notified the Class Secretary that it has agreed to replace it and all similarly defective sails without cost to the owners involved. |