I need help

[Dee00]

I purchased a vacuum cleaner new in Nov of 99'in Nov of 00' my vacuum power head would not stay on the wand and the power handle fell apart when I removed the hose. I called the manufacture because it had a two year warrenty. They told me to send it to there authorized service dealer. He fixed it and I had to pay for the wand and the manufacturer fixed the other. The vacuum repairmen sent my vacuum back to me, it was insured for $300. And the box came back damaged and there were parts that you could see broken inside. I refused the box and it was sent back to him. He was told to check the merchandise and put in a claim which he did for $191. The housing need replaced. Now the vacuum cleaner repairman says he cant guarantee that the vacuums motor didnt get damaged. But it runs. The manufactuer told me that they couldnt guarantee, that if I had any problems with the motor that it would be covered by my warrenty. Plus when I purchased the vacuum I got an extended warrenty and they say the same thing. What can I do? I told the repairman I wanted the 300.00 so I could get another vacuum but even at that Im still out my extended warrenty I purchased. And he only said there was $191 in damages. So now what are my options?

 

[JETX]

Wow, that is a long story to just end with "What are my options?"

But, here they are:
1) You can forget about it and purchase a new one.
2) You can write the manufacturer a letter (sent to the CEO or as high as possible, send Certified RRR) with all the details and dates. Ask that they investigate and respond.
3) You can take them (the manufacturer and/or the repair shop) to Small Claims court.
4) You can write the BBB, Consumer Report, the consumer office of the local Attorney General, etc. about your complaint.

Also, I find your claim for $300 interesting. Did you determine that from the amount of the insurance coverage or from your actual costs??? In any action against them, you could only recover your actual damages.

 

[Dee00]

another question

Thank you for the reply. I have a couple more questions. You said, I could only recover my actual damages. Would that include the price of the vacuum naturally with deprescation, the extended warrenty, postage, phone calls and the parts that I purchased to have the vacuum fixed. Or just the 191.00 damage to the vacuum.

Thank you

Dee00

 

[JETX]

The recoverable damages are basically whatever it would take to 'make you whole'.... as if it never happened.

This probably means that you could recover the cost of the vacuum and the costs that you spent in repairing it. It also means that the vacuum cleaner would be the property of the vacuum company.

 

[Dee00]

I have added problems that I would like some help with regarding my old vacuum cleaner. Ive been working on my case to take to small claims court, along with letters to the approperiate people you had mention in the above posts. As well as purchasing a new vacuum. Today I received a telephone call from the vacuum cleaner repairman, supposenly the Post office will not pay the claim and he called the vacuum manufacturer, they said, they would send me out a refurbished vacuum. Ive told him twice now that I dont want a refurbished vacuum and told the manufacturer that as well. I bought a vacuum new, if I wanted a used vacuum I would have purchased a used one. Now it looks like I will have two vacuums and be paying on two as well.

What do I do now? And when, I receive the vacuum do I refuse it or keep it in a corner till I have settled this case, in small claims court?

Thank you in advance
Dee00

 

[JETX]

Most manufacturer warranties state that the manufacturer has the choice of repairing or replacing the warranted unit. That is what they have offered... a replacement.

Since you received the benefit of using the 'new' unit for a year (Nov 99 to Nov 00), it is unreasonable for you to now demand a new unit. It sounds to me like the manufacturer has done what they should have done.

Your choice now to have two units.