Air Conditioning Bill - Hot in Georgia

[Patben]

What is the name of your state? Georgia

Last April 2005, I had an new air conditioner installed. The cost was $2,500. It was installed by a firm that I have used for about four years. My old air conditioner started needing coolant every season when I turned it on. Since my house was 10 years old, I had the new air conditioner installed. Thought my problems were over.
Started running my air conditioner and noticed it was not cooling. The service man came and said he couldn't fix it and that the owner of the company would call me soon. He called and said the unit was defective. The cost to repair it would be $725. I asked him why. He said it was under warranty but labor, new coolant and add on parts were not covered. In shock, I asked if I had to pay it all at once. He said yes. A couple of days later I called his office to find out when my air was going to be fixed. She said the service man would come at 1:30 pm. While I had her on the telephone, I told her how I felt about the whole situation. I told her it wasn't my fault the air conditioner was defective and I felt that I shouldn't have to pay all of the cost. She said it wasn't their fault either. Then I told her that I was also upset that I had to pay all at once. My plan was to pay half now and the other half in 30 days. I read the warranty that came with the unit and it says that labor and parts are not covered. I am willing to pay half the bill but I feel that they should meet me half way.
I am ready to take them to small claims court. Do I have a leg to stand on or should I pay the bill and find a new air conditioning and heating company? Thank you, PatWhat is the name of your state?

 

[shortbus]

Labor and parts weren't covered? What kind of warranty is that?

Most states have an "implied warranty of fitness" that is additional to any manfuacturer's warranty. You should call the GA consumer protection agency to find out how yours works.

But basically, it says that any item sold needs to fulfill reasonable performance expectations. If your new A/C never cooled the house, that's probably a breach of the implied warranty. You can sue for labor & parts costs under the implied warranty, even if the written warranty forbids it.

 

[Betty]

I agree with shortbus. Call the consumer protection agcy. & see about an "implied warranty." It is implied that the product can/must perform the function for which it was designed. An applied warranty is an unspoken, unwritten promise from seller to buyer. Some states do allow sellers to put the words "as is" or "with all faults" in a written notice to buyers to eliminate implied warranties. There is no specific time limit for implied warranties. However, I would sure check into an implied warranty.