Should this be warranty work?

[dvrslim]

What is the name of your state (only U.S. law)? Texas
11 months ago we had a new inside and outside central air unit installed. We had a home warranty that paid for the unit and labor. 11 months later it quit. I called the AC company and they told me to call my warranty company. The warranty company called the AC company to come out. The capacitor was bad. When the tech was working on it he looked down and freon was coming out of the copper line that goes to the inside unit. I think he stepped on the line. He looked at the line and told me it had a bad solder. It was soldered by their tech when the unit was put in. I have the line and there is a hole in the solder. The AC company's sales receipt says one year warranty on all equipment. Their website says one year warranty on all installation labor and equipment. I was charged $75 service fee for my home warranty and I had to pay $250 for freon that had to be replaced. I was told by the AC company that I did not have a warranty for their job that they did since I have a home warranty. To me that shouldn't have anything to do with it. I don't think I should have paid anything. I'm thinking about small claims court. Any help would be appreciated.

 

[Zigner]

You will need to read your contract to find out if the $75 for the service call is covered and if the freon itself is covered.

 

[dvrslim]

You will need to read your contract to find out if the $75 for the service call is covered and if the freon itself is covered.

I really don't know what you mean. The $75 is the service call fee and the home warranty pays $10 a lb. for freon and I had to pay the other $250. I don't think I should have paid anything because of the AC company warranty on labor and equipment.

 

[justalayman]

If the tech damaged the line and caused a leak he is responsible for the repair and the freon. It has nothing to do with any warranty. It is a matter of liability due to his negligence.

And if he "looked down and saw a freon leak" and wants to argue it was already leaking, well, if he could realize there was a leak by looking at it and it was already there, it would have leaked out long before he got there and would no longer cool the house long before this.

 

[dvrslim]

If the tech damaged the line and caused a leak he is responsible for the repair and the freon. It has nothing to do with any warranty. It is a matter of liability due to his negligence.

And if he "looked down and saw a freon leak" and wants to argue it was already leaking, well, if he could realize there was a leak by looking at it and it was already there, it would have leaked out long before he got there and would no longer cool the house long before this.

I agree with you but the place it was leaking was a hole in the solder. The solder was real thin in that spot. He even said it was a bad solder job. That's where the warranty comes into play.

 

[justalayman]

I agree with you but the place it was leaking was a hole in the solder. The solder was real thin in that spot. He even said it was a bad solder job. That's where the warranty comes into play.

Good, bad, or indifferent it doesn't matter. It was good enough to hold until he stepped on the line and for all anybody knows, it would have lasted the life of the installation.

 

[Zigner]

I really don't know what you mean. The $75 is the service call fee and the home warranty pays $10 a lb. for freon and I had to pay the other $250. I don't think I should have paid anything because of the AC company warranty on labor and equipment.

I didn't think I was ambiguous in my statement. What I mean is that your questions would be covered by the terms of your contract.

As was pointed out, if the tech stepped on it, then it would seem that the tech (actually, the company he represents) would be liable for the repair, including the cost of the freon. This isn't a warranty issue.