Public Mediation

My Claim vs. ABC Appliance Dispute

J. K. vs. Abc Appliance
13611 US Highway 98, Sebring, Florida, 33876-9619, United States
Amount Involved: Other terms
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Statement of Claim
Complaints Involved (2) - View
Claimant says:
"We went to ABC Appliance to look at prices for a new Microwave Oven. We looked at several models on display before deciding on one we wanted to purchase. We were told that the displayed model was the last one they had, and would be sold as NEW. I asked for a box, but was told they did not have one. We went ahead a purchase it, they took it down from the wall and place it in our car. When we got home, we notice that it had dents in the side. We immediately called to let them know of our findings. We were told that we had signed the invoice that said the product was in 'good condition', and abruptly hang up. We took the microwave back to the store to show them that it was impossible for us to have notice the dents on the side due to fact that in was hung on displayed. After some discussion with them with no result, we were told they were not going to do anything and if we did not leave the store they would call the police. We paid $353.00 for a microware that had dents."
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Additional Communication Between Claimant and Abc Appliance Hide
  • Feb 20, 2014, Claiming party added:

  • ABC Appliance
    13611 HWY 98
    Sebring, FL 33875
    Ph # 863-655-4995
    Fax # 863-655-6688

  • Mar 02, 2014, ABC Appliance (responding party) added:

  • The customer came in several times looking at different models. When they had made a decision we checked our inventory and the floor model was the last one. We advised the customer that that was our last one of that model and we could take it off the floor for them if they would like since they wanted to take one with them. Mrs. Kelly and her husband both stood right next to our installer while he dismounted it from the display, with Mr.Kelly on the same side as the alleged damage. He watched very closely as the microwave was taken down because he planned on installing it himself and wanted to see what all had to be done for installation. Both Mr. and Mrs. Kelly led the installer to their vehicle for the microwave to be loaded into their trunk. They both then came back inside to get the rest of the materials needed for installation and they carried them to their vehicle. They then signed the invoice that states that they acknowledge receiving the microwave in good condition and they left. This all happened at 8:30am. They did not call the store until 2:00pm that afternoon asking to speak to the owner. The owner got on the phone, and both Mr. and Mrs. Kelly were on the phone, claiming the microwave now had dents in it. The owner explained that they knew it was the floor model and they both watched the installer take the unit down and load it into their car while they were both present and also that they took the installation materials back out to their trunk with the microwave and at that time their was no damage to the microwave. If so, they would have seen it when it was taken down with them present, as well as put in their vehicle. Both customers were deliberately rude and would not be reasonable, and left no choice but to end the phone call. The customers then came to the store with the same demeanor, demanding we do something and give them some money back for the microwave, that was not dented when it left our store, and if it were, the damage would have been noticeable seeing as it was the floor model and both customers watched as it was taken down and loaded, and then signed the invoice that it was not damaged. Mr. Kelly had a few choice words and at that time they were asked to leave the store, the police were never mentioned in the matter. We also sent a message to Mrs. Kelly through peopleclaim.com asking for pictures of the damage to be sent via email and no response has yet to be received.

  • Mar 09, 2014, Claiming party added:

  • In reply to the fabrication from ABC Appliance.
    In was at no time next to the installer when the Microware was removed. I was at the desk paying for the item. Mr. Brian was trying to convince me to pay an addition $75.00 for them to deliver and install the unit. Which I refused as I told him my husband was very handy. I was still at the desk with Mr. Brian when the unit was put into the car.
    When we called to let Mr. Brain know that they were dent on the unit, he slam down the phone on us. We decided to take the unit to the store to show Mr. Brain the damaged. He came outside and looked at the unit in our car. HE SAWED THE DAMAGE, and told us that we must of dropped it. We all went back into the store and argue it. My husband told MR. Brian that he would be willing to pay the restocking charge. He refused on the grounds that he could not sell a damage unit. As for Mr.Brain stating that my husband told him a few choice words. This is what he sais. 'HOPE YOU CAN SLEEP AT NIGHT'.

    We called Whirlpool on 2/20/14 to inquired about the damaged as their 'IMPORTANT SAFTY INSTRUCTION' say 'Do not operate if microware has been damaged or dropped.' After giving them the serial # and model #, I was informed that the unit was SOLD back 2012. You can imaged our surprise and shock. Whirlpool gave us a SR number and they would look into when they could do for us. That SR # is 1-1241541871.
    I called whirlpool a few days later, only to be told the damage was just cosmetic, this evaluation was done without anyone coming to take a look at it.

  • Mar 09, 2014, Claiming party added:

  • And yes Mr. Brian did tell us to leave the store or he would call the police.

  • Mar 10, 2014, ABC Appliance (responding party) added:

  • The unit was not listed as SOLD in 2012. The customers have CLEARLY provided the wrong information to Whirlpool, seeing as how the serial number they have listed is not even a qualifying Whirlpool serial number! (Double check the serial number on the invoice!) The customers were both very unreasonable and were harassing our pregnant employee, no one ever mentioned calling the police. Both customers were present during the taking down and loading of the microwave, and as always, as service we provide for, and recommend for our customers is for us to install the unit so we are responsible for the installation, and the customers declined because she said, as stated, her husband was very handy. However, he had never installed a unit before which is why he was right next to our installer as it was removed and watched very carefully as to see what the installation would require. Whirlpool can also verify this is a NEW UNIT based on that serial number information as never being registered. We also, AGAIN, sent an email/message thru this forum for the customer to send further info and pictures of the microwave and they have still failed to do so. We also contacted our Whirlpool representative to ensure there was never a damage claim listed on this microwave. 3 store employees witnessed the event in question and that there was no damage when the microwave left the store in the customers vehicle. When the customers brought the microwave back there was damage which appears to be from dropping, and if you look at the placement of the damage, it would not have even fit into our display properly had the damage been on it when it was in our display. The customers wanted us to give them money off a product that appeared to be damaged after it left the store, and they asked if they could return it, but we cannot take an item back that had damage that appeared to be from it being dropped. ALSO, the serial number the customer listed IS NOT the serial number, and the serial number not only is printed with the model number on the unit, but also printed on their receipt. Again, this is the same receipt that the customer signed and stated they received in good condition. We advise that the customer double check this information and contact Whirlpool again with the proper information. Again, we can provide appropriate documentation for all that is stated.

  • Apr 21, 2014, Claiming party added:

  • Well it appears that Mr. Brian is now admitting that he did see the damage on the Microwave , so there is no need for pictures. As for Whirlpool not being given the right serial # is ridiculous, since the I faxed the invoice to Whirlpool.
    ABC is trying to make light of the way we were treated as customers. I will never do business with them again. They did tell us to LEAVE THEIR STORE OR THEY WOULD THE POLICE.

What Claimant Wants Hide
1. Monetary items with amounts to be determined: damage product Mar 06, 2014 TBD*
2. Other – Copy claim to regulators Mar 06, 2014 $14.99
3. Other – Pay for claim posting cost Mar 06, 2014 $7.99
Just make me happy!
Claimant invites ABC Appliance to make a fair offer to resolve this complaint.
Cash total : $22.98*
*Amount shown is not final: total will increase when pending amount(s) are known and entered.
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Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)
Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • I disagree with the explanation / grounds provided

    "Microwave was floor model and was not damaged and was signed for as being in NEW and good condition. Proper documentation can be provided."

This claim will remain posted until resolved.

  • 0
Do you agree with the respondent’s Response?  (If you are a party to this claim, click here.)
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