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Warranty Law

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4

4dacres

Guest
I live in Virginia. I purchased an air-conditioner with a 5-year extended warranty in 1998 (the warranty ends in 2003). The airconditioner broke August 11 of this year (2000). Called the repair center and set-up an appointment for Aug. 15, 2000. Repairman assessed the problem and informed us that he would call for another appointment when they recieved the parts. Repairman called 22 August and set an appointment for later that same day. He called 30 mins later to cancel appointment because parts were damaged in shippiing. Parts were over-nighted to the company and repairman called Aug. 24 and set another appointment for later that day. Repair-man came and installed the parts. When the unit was then replaced in the window and turned on it made more noise than it did when original call was made. The repairman said that he had replaced the blower fan blade assembly and that "apparently" the old blades had warped the shroud that surrounds the blades and that he would have to order a new shroud and return to replace it. We were told the unit could be run on low without creating a problem. After the man left the unit got so noisy we had to cut it off for fear of causing more damage. Later we discovered that the blower fan blade assembly was broken. On August the 25th we managed to contact the service manager for the service facility that the repairman was sent from through the corporate complaint office. We explained our concern that the repairman was only ordering the shroud. The service manager had the repairman contact us that afternoon. The repairman read a list of parts that he intended to order for the unit, including the fan blade assembly.He restated his intention to call when the parts came in to set up an appointment.The service manager expressed his concern at the delay in fixing the unit and told us he would put us on the list as a priorty as temperatures in our area were 95 degrees at the time.The repairman also told us at this time we could break the broken blade from the fan and operate the unit on low.As of September 1st ,we had not received any word from the service center so another phone call was made to the sevice manager through the corporate complaint office.We reached a different service manager who informed us that the parts were on back order with an ETA of September 5th.We were assured that someone would contact us on the 5th to verify whether or not tne parts had arrived.As of September 14th we had not been contacted by anyone either way.At this point we placed a phone call to the Consumer Affairs supervisor to express our concern that we had not been contacted at all.He read the documentation from the computer noting our previous concerns and phone calls.He said he would look into the problem and contact us within 24 hours.(This was at 10:00AM.)By 4:30 the following afternoon the supervisor had not called so we called him.While we were waiting for his voice-mail message to end a call came through that was the supervisor calling to inform us that the part was still on back-order from the manufacturer.At this point our air-conditioner has been broken for 38 days with no end in sight.Specifically stated in the extended service protection plan there is the following clause:If after 7 days,we cannot repair your serviceable mechandise covered by ESP,we'll provide you with a loaner until the repair is complete.When questioned about this clause we were told that the company is getting out of the appliance business and concentrating on electronics.At this point do we have any legal recourse.It seems that this company sold us a contract that is at the least is a misrepresentation of the service we are entitled to recieve and at the worst- we don't know.Any help would be greatly appreciated.

Thank you for any time and consideration that anyone may be able to lend to us.

Devina Draper
 


HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by 4dacres:
I live in Virginia. I purchased an air-conditioner with a 5-year extended warranty in 1998 (the warranty ends in 2003). The airconditioner broke August 11 of this year (2000). Called the repair center and set-up an appointment for Aug. 15, 2000. Repairman assessed the problem and informed us that he would call for another appointment when they recieved the parts. Repairman called 22 August and set an appointment for later that same day. He called 30 mins later to cancel appointment because parts were damaged in shippiing. Parts were over-nighted to the company and repairman called Aug. 24 and set another appointment for later that day. Repair-man came and installed the parts. When the unit was then replaced in the window and turned on it made more noise than it did when original call was made. The repairman said that he had replaced the blower fan blade assembly and that "apparently" the old blades had warped the shroud that surrounds the blades and that he would have to order a new shroud and return to replace it. We were told the unit could be run on low without creating a problem. After the man left the unit got so noisy we had to cut it off for fear of causing more damage. Later we discovered that the blower fan blade assembly was broken. On August the 25th we managed to contact the service manager for the service facility that the repairman was sent from through the corporate complaint office. We explained our concern that the repairman was only ordering the shroud. The service manager had the repairman contact us that afternoon. The repairman read a list of parts that he intended to order for the unit, including the fan blade assembly.He restated his intention to call when the parts came in to set up an appointment.The service manager expressed his concern at the delay in fixing the unit and told us he would put us on the list as a priorty as temperatures in our area were 95 degrees at the time.The repairman also told us at this time we could break the broken blade from the fan and operate the unit on low.As of September 1st ,we had not received any word from the service center so another phone call was made to the sevice manager through the corporate complaint office.We reached a different service manager who informed us that the parts were on back order with an ETA of September 5th.We were assured that someone would contact us on the 5th to verify whether or not tne parts had arrived.As of September 14th we had not been contacted by anyone either way.At this point we placed a phone call to the Consumer Affairs supervisor to express our concern that we had not been contacted at all.He read the documentation from the computer noting our previous concerns and phone calls.He said he would look into the problem and contact us within 24 hours.(This was at 10:00AM.)By 4:30 the following afternoon the supervisor had not called so we called him.While we were waiting for his voice-mail message to end a call came through that was the supervisor calling to inform us that the part was still on back-order from the manufacturer.At this point our air-conditioner has been broken for 38 days with no end in sight.Specifically stated in the extended service protection plan there is the following clause:If after 7 days,we cannot repair your serviceable mechandise covered by ESP,we'll provide you with a loaner until the repair is complete.When questioned about this clause we were told that the company is getting out of the appliance business and concentrating on electronics.At this point do we have any legal recourse.It seems that this company sold us a contract that is at the least is a misrepresentation of the service we are entitled to recieve and at the worst- we don't know.Any help would be greatly appreciated.

Thank you for any time and consideration that anyone may be able to lend to us.

Devina Draper
<HR></BLOCKQUOTE>

File a complaint against the company with the Federal Trade Commission.
 

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