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approximately 12 letters to Kanter Yachts, detailing how they
wanted Trinity to be built. By October 1989, petitioners
considered requesting their attorney to intervene in the dispute
because they believed Kanter Yachts was unreceptive.
Petitioners anticipated receiving Trinity by October 1989,
pursuant to the contract signed between them and Kanter Yachts.
Petitioners were upset when Trinity was not completed in early
1990. In April 1990, petitioners canceled their registration to
show Trinity at the boat show in Alameda, California.
Also during April 1990, Trinity was shipped overland via
truck to petitioners. The sailboat was damaged in transit when
it hit an underpass in Berkeley, California. The hull of the
Trinity was seriously damaged. The ensuing repairs took
approximately 6 weeks.
Upon receipt of the Trinity, petitioners ceased contact with
Kanter Yachts. An adversarial relationship grew when petitioners
believed that the Trinity had various flaws. For example, the
keel bottom was not painted, there was no cover for the linear
drive, the batteries were dead, the head intake leaked, the guard
rail around the stern of the boat was unstable and needed
reinforcement. Additionally, the exhaust pipe was not properly
fitted, which caused waste water to spill into the boat.
Petitioners paid for the repairs in connection with the
Trinity. In July 1990, the repairs on the Trinity were
completed, and petitioners launched the vessel. Petitioners
discovered that the propeller shaft-fitting leaked, and it had to
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