Breach of Warranty - Built-in KitchenAid Refrigerator

[LokalX]

What is the name of your state (only U.S. law)? Michigan

I purchased a 42" built-in KitchenAid refrigerator in July of 2007 for $5400.

Contained in the warranty that came with the refrigerator is the following statement:

SEVENTH THROUGH TWELFTH YEAR LIMITED WARRANTY ON SEALED REFRIGERATION SYSTEM
In the seventh through twelfth years from date of purchase, when this major appliance is operated and maintained according to instructions attached to or furnished with the product, KitchenAid will pay for factory specified parts to correct defects in materials or workmanship in the sealed refrigeration system. These parts are: compressor, evaporator, condenser, dryer, and connecting tubing.

I was advised by the Whirlpool authorized repair technician that I have a defective condenser and that the entire sealed system needs to be replaced. The quote was only for the labor, as he stated the parts would be covered by the manufacturer, as stated in the above warranty description. This cost to me was approximately $450. [NOTE: In the seven years of ownership, this is the 2nd time the sealed system would need to be replaced.]

HOWEVER, I was inform by Whirlpool directly, that a replacement condenser was no longer available. Their offer to resolve the matter was for me to by a comparable model from them for $6,000. Although less than the MSRP for the model, it is still more expensive that what I can buy this model for on the street.

I contend that Whirlpool has an obligation to repair, replace, or refund my money under the express warranty that is provided. For $450 I should have virtually a new refrigerator, as all working internal parts (except the fan) would be replaced. Since Whirlpool made a business decision not to procure an adequate level of service parts, they now either need to replace my current model with a comparable model, or refund the purchase price (perhaps with some depreciation?)

What remedies can I pursue in such a case? Clearly Whirlpool has breached the warranty, by not having replacement parts, but suggesting the buyer purchase a new refrigerator is certainly not a fair remedy.

I am about to file a small claims suit against them (in MI--$5,000 max)...how best can I make my case against them? Thank you to anyone who can lend some advice.

 

[tranquility]

Wow, I am uncertain as to the remedy. I think it unlikely they have more risk than the amount paid up front. But, if they don't make the part, they don't make the part. If the warranty is as clear as you say, this should be a winner. I don't have such warranties in my life so I cannot say.

The remedy is either they repair your refrigerator or rescission. (Rescission where they get the refrigerator and you get the full amount you paid.) You will not get a $6,000 refrigerator out of this. You will not get anything more than the amount you paid.

(Side note, a *$6,000* refrigerator? That must be something really special.)

 

[RRevak]

Wow, I am uncertain as to the remedy. I think it unlikely they have more risk than the amount paid up front. But, if they don't make the part, they don't make the part. If the warranty is as clear as you say, this should be a winner. I don't have such warranties in my life so I cannot say.

The remedy is either they repair your refrigerator or rescission. (Rescission where they get the refrigerator and you get the full amount you paid.) You will not get a $6,000 refrigerator out of this. You will not get anything more than the amount you paid.

(Side note, a *$6,000* refrigerator? That must be something really special.)

Ever see those extra wide yet flat fridge setups where it basically blends into the cabinetry around it making it pretty much invisible? That my friend is a $6K fridge and let me tell you, they're amazing! For culinary goons like me its like the holy grail of refrigerators! Soooo much space (I joke that i'm going to sell my husbands "company" to a wealthy lady in exchange for one of my own

 

[Proserpina]

Ever see those extra wide yet flat fridge setups where it basically blends into the cabinetry around it making it pretty much invisible? That my friend is a $6K fridge and let me tell you, they're amazing! For culinary goons like me its like the holy grail of refrigerators! Soooo much space (I joke that i'm going to sell my husbands "company" to a wealthy lady in exchange for one of my own

I bet you drool over Aga ovens too, doncha?

(I'm with you there!)

 

[tranquility]

Ever see those extra wide yet flat fridge setups where it basically blends into the cabinetry around it making it pretty much invisible? That my friend is a $6K fridge and let me tell you, they're amazing! For culinary goons like me its like the holy grail of refrigerators! Soooo much space (I joke that i'm going to sell my husbands "company" to a wealthy lady in exchange for one of my own

Good times. While I am in the top 5%, I am not to the place where I see such things. I do have a crock pot. Does that count?

If I were to spend on something I can do just fine with other things, I'd go with the sous vide theory. It might not look great, but it can help with juicy meat.

 

[justalayman]

tranquility;3295980]Wow, I am uncertain as to the remedy. I think it unlikely they have more risk than the amount paid up front. But, if they don't make the part, they don't make the part. If the warranty is as clear as you say, this should be a winner. I don't have such warranties in my life so I cannot say.

The remedy is either they repair your refrigerator or rescission. (Rescission where they get the refrigerator and you get the full amount you paid.) You will not get a $6,000 refrigerator out of this. You will not get anything more than the amount you paid.

what about depreciation? A true rescission is not possible as the unit is at least 4 years old.

(Side note, a *$6,000* refrigerator? That must be something really special.)

the manufacturers think it is. To me, if it's cold inside, that's all I need.

If I were to spend on something I can do just fine with other things, I'd go with the sous vide theory. It might not look great, but it can help with juicy meat.

I think sous vide translates to lazy cook in English. I have no problems with juicy meat without using a hot water bath.

Now what I would enjoy would be a salamander (not the lizard, the high intensity heat source that makes steaks so yummy)

 

[LdiJ]

what about depreciation? A true rescission is not possible as the unit is at least 4 years old.

the manufacturers think it is. To me, if it's cold inside, that's all I need.




I think sous vide translates to lazy cook in English. I have no problems with juicy meat without using a hot water bath.

Now what I would enjoy would be a salamander (not the lizard, the high intensity heat source that makes steaks so yummy)

For me its the salamander and the jennair grill. Gawd I still miss my restaurant kitchen!

 

[justalayman]

For me its the salamander and the jennair grill. Gawd I still miss my restaurant kitchen!

right now I have been seriously considering a stainless steel countertop and sink (with integral back splash). I grew up with one in my dad's place and I love them (his aunt used to own a restaurant and when it closed down, dad got the counter top with sink unit. . My counter is due for replacement and I just do not like the "standard" materials for various reasons.


also had an old old milkshake mixer. Powerful it was. Not like todays wimpy wimpy things.

 

[RRevak]

I bet you drool over Aga ovens too, doncha?

(I'm with you there!)

Like you wouldn't believe!!!! Every time I walk by a Williams Sonoma and see the one on display out front I stop to gape in awe for a moment. It is one seriously beautiful set up!

I think sous vide translates to lazy cook in English. I have no problems with juicy meat without using a hot water bath.

If I were to spend on something I can do just fine with other things, I'd go with the sous vide theory. It might not look great, but it can help with juicy meat

I've actually checked out some sous vide setups but the price tag was a major no no. Then I found an Anova immersion circulator which was a quarter of the price and does surprisingly well with a lexan I bought at a restaurant supply store. It doesn't exactly look all that pretty on display but the little thing really does its job!


And hey Justy, ever had duck breast done sous vide until it comes to temp then hard seared skin side down on a hot saute pan? Epic my friend, epic....

 

[RRevak]

For me its the salamander and the jennair grill. Gawd I still miss my restaurant kitchen!

What is awesome about the salamander? I'm not too familiar with them but the ones I have seen look like glorified convection ovens. What am I missing????

 

[justalayman]

What is awesome about the salamander? I'm not too familiar with them but the ones I have seen look like glorified convection ovens. What am I missing????

first let me explain how I prefer to cook steaks when I have the time.

I fire up my charcoal grill. Once it gets going well, I grab my daughters hair dryer (yes, seriously). I turn it on high and turn it to blow on the coals (just like a blacksmith and his bellows). That charcoal gets so hot I have causes some grill grates to sag. Then you toss on the steaks and watch out for flame ups once the fact starts melting (not a lot different than flambe on the stove).

I like a seared, to the point of crisping the fat, outside and a medium rare to medium interior. The only way to get that is with intense heat.

that is where the salamander comes into play.


Ruth's Chris steakhouse advertises they cook with an 1800 degree heat. (that is nearly 600 degrees above the melting point of aluminum so do not use an aluminum vessel with that sort of heat). That is a lot of heat. that is where a salamander can do what I want.

in essence, a salamander is simply a high powered broiler.

 

[justalayman]

And hey Justy, ever had duck breast done sous vide until it comes to temp then hard seared skin side down on a hot saute pan? Epic my friend, epic....

maybe worth a shot. For some reason I had not thought much about searing after sous vide. It seems whenever I see them used the food is served without additional treatment such as searing but that would make it more to my liking.


but still, I have not had a problem with moist meat without the use of a sous vide. My sister is simply amazed at my pork chops. She ends up with pork leather all the time. I can take the same piece of meat and end up with a lovely and moist and tasty chop. It's just that I'm so damn good in the kitchen. Wife doesn't limit it to the kitchen but that's a discussion for a different forum.

 

[RRevak]

first let me explain how I prefer to cook steaks when I have the time.

I fire up my charcoal grill. Once it gets going well, I grab my daughters hair dryer (yes, seriously). I turn it on high and turn it to blow on the coals (just like a blacksmith and his bellows). That charcoal gets so hot I have causes some grill grates to sag. Then you toss on the steaks and watch out for flame ups once the fact starts melting (not a lot different than flambe on the stove).

I like a seared, to the point of crisping the fat, outside and a medium rare to medium interior. The only way to get that is with intense heat.

that is where the salamander comes into play.


Ruth's Chris steakhouse advertises they cook with an 1800 degree heat. (that is nearly 600 degrees above the melting point of aluminum so do not use an aluminum vessel with that sort of heat). That is a lot of heat. that is where a salamander can do what I want.

in essence, a salamander is simply a high powered broiler.

How long do you leave them on for??? And I would definitely do not steaks sous vide. Part of the magic of sous vide is its generally low and gently cooking. It means lighter meats and fish are cooked in a way that does not ruin the integrity of the interior but still allows for even cooking throughout. Steaks need far more heat than a sous vide can provide. I usually do flakier types of fish, scallopini chicken,scallops, and the duck breast. The thing that makes sous vide so perfect for the duck is that it cooks it gently enough inside to not allow it to get tough, while still allowing for it to be taken out and seared to crisp the skin and not getting shoe leather as a reward.

 

[RRevak]

maybe worth a shot. For some reason I had not thought much about searing after sous vide. It seems whenever I see them used the food is served without additional treatment such as searing but that would make it more to my liking.


but still, I have not had a problem with moist meat without the use of a sous vide. My sister is simply amazed at my pork chops. She ends up with pork leather all the time. I can take the same piece of meat and end up with a lovely and moist and tasty chop. It's just that I'm so damn good in the kitchen. Wife doesn't limit it to the kitchen but that's a discussion for a different forum.

Help me then oh Obi-Wan! I have pretty much given up entirely on pork chops. I'm no schlep in the kitchen either but for some reason pork chops are my achilles heel. Oh, and getting the perfect flavor balance in bouillabaisse. I always end up adding more of something I shouldn't add or too little of something else.


And its very good to know you make your wife happy

 

[justalayman]

sous vide prime rib maybe? The intent with prime rib is to bring the entire piece of meat to one temp without overcooking the exterior. I cook prime rib at 250 degrees until it reaches my target temp after which I remove it from the oven, crank it to "damn that's hot" and let it get there. Then you shove the meat back in for about 15-20 minutes and remove it (after the exterior has been crisped). Sous vide would surely provide for that slow cook portion, would it not?