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Contracts Keyed to Kuney
Bayliner Marine Corp. v. Crow
Citation:257 Va. 121, 509 S.E.2d 499 (1999).
In the summer of 1989, Crow met with a Tidewater sales representative to ride on Bayliner’s new model of sport fishing boat: a 3486 Trophy Convertible. Crow asked about the boat’s maximum speed and the representative consulted with the “prop matrixes” provided by Bayliner. The documents stated the maximum speed was 30 mph when equipped with a “20×20” or “20×19” propeller and approximately 600 lbs of equipment. The boat in which Crow had ridden was equipped with a “20×17” propeller. In August 1989, Crow entered into a contract to purchase the 3486 Trophy Convertible for $120,000 plus tax. The sales price also included a variety of equipment which added about 2,000 lbs to weight of the boat. After receiving the boat in September 1989, Crow learned that the boat’s maximum speed was 13 mph. Crow immediately returned to Tidewater to report the problem. Over the next year Tidewater made a number of repairs, but the boat never achieved a speed greater than 17 mph, except for a single instance where it achieved 24 mph.
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