Service Contract on Television

[bon_temps2000]

What is the name of your state? FL

I purchased a television for $2000 and a 3-yr service agreement (advertised as "Extended Warranty" by seller) for $400 in December 2004.

The television has developed a display problem in September, 2007. The company with whom I have the service agreement (RepairTech) balked at the repair price estimate of $1400. This estimate was rendered by Sears Service Center, the party chosen by RepairTech to actually perform the work.

RepairTech is now insisting that they will either give me a refurbished TV or a check for roughly $750 because my TV is too expensive to repair.

Nowhere in the written contract that I hold is it said that RepairTech has the option to do this. There is a clause that reads:

"If the product is not repairable and a replacement product is not product is not found within a reasonable amount of time, we will refund to you the product's current market price".

Since the contract states that the maximum that they will pay out is the original purchase price of the set ($2000), can I not legally force them to repair my set since the $1400 estimate falls within this range? I really don't want a refurbished set because I don't know its history, while I know that mine has been very well cared for. (The failure is due to a latent manufacturing defect, according to internet accounts that I've read.)

Should I fight this, or should I take the money and just accept the lesson about the (non) wisdom of buying service agreements?

I thank you for your time.What is the name of your state?What is the name of your state?

 

[BL]

What is the name of your state? FL

I purchased a television for $2000 and a 3-yr service agreement (advertised as "Extended Warranty" by seller) for $400 in December 2004.

The television has developed a display problem in September, 2007. The company with whom I have the service agreement (RepairTech) balked at the repair price estimate of $1400. This estimate was rendered by Sears Service Center, the party chosen by RepairTech to actually perform the work.

RepairTech is now insisting that they will either give me a refurbished TV or a check for roughly $750 because my TV is too expensive to repair.

Nowhere in the written contract that I hold is it said that RepairTech has the option to do this. There is a clause that reads:

"If the product is not repairable and a replacement product is not product is not found within a reasonable amount of time, we will refund to you the product's current market price".

Since the contract states that the maximum that they will pay out is the original purchase price of the set ($2000), can I not legally force them to repair my set since the $1400 estimate falls within this range? I really don't want a refurbished set because I don't know its history, while I know that mine has been very well cared for. (The failure is due to a latent manufacturing defect, according to internet accounts that I've read.)

Should I fight this, or should I take the money and just accept the lesson about the (non) wisdom of buying service agreements?

I thank you for your time.What is the name of your state?What is the name of your state?

"If the product is not repairable and a replacement product is not product is not found within a reasonable amount of time, we will refund to you the product's current market price".

Obviously the product is repairable , by the estimate .

repair price estimate of $1400. This estimate was rendered by Sears Service Center, the party chosen by RepairTech to actually perform the work.

A couple of suggestions :

1 ) You can contact your local Office Of Attorney Generals consumer affairs dept , and ask to file a formal complaint . If you do be sure to include copies of the warranty ( highlight any relevant facts ), communication with the warranty Co. , repair estimates , etc. This will take between 1-3 months .

Be prepared to here from the warranty Co. with the same offer .

2 ) Take a refurbished TV of equal or better quality and value ( with a warranty ) ( you will end up with a newer model ) , maybe research it before giving them a definite .. I did this with a PC in 2003 and have had no problems with it and am using it now .. As was explained to me , refurbished units are quality tested more that new units . Refurbished could mean the unit was new but returned with no defects for refund and can not be repackaged as new , or open box .

3 ) Take the monetary offer which I personally wouldn't in light of the contract .

It can be repaired so why should you take a depreciated value of what it would be of value today ?

 

[bon_temps2000]

Thank you so much for the quick and insightful response.

One point that I failed to mention is that this was an internet purchase. I am in FL while the company from whom I purchased the TV AND the service company are both in NJ.

If I were to take the first approach that you suggested should the matter be taken up with the AG's office in FL or NJ?

Thanks again.

 

[BL]

Thank you so much for the quick and insightful response.

One point that I failed to mention is that this was an internet purchase. I am in FL while the company from whom I purchased the TV AND the service company are both in NJ.

If I were to take the first approach that you suggested should the matter be taken up with the AG's office in FL or NJ?

Thanks again.

Your local Attorney Generals Office would/should forward it to the appropriate agency , since it's their policy to do so .

A call first should get the answers you seek .