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Well I am tired of the Gotcha game. After the delivery of the refrigerator we had a problem with water build up. Sears service replaced the Gaskets and added putty under part of one gasket. When we called on the problem of frost in the "frost free" freezer we where told that sears would extend our service contract for 6 months. To the best of our recollection, there was never a mention of "MPA" or "RPA". Several Techs have come to the house and tried to fix the problem. All have said its a recurring problem with this model and make refrigerator. Several have said that the problem was UN-reparable. They where told by some one, on the service line, to try replacing a part. We where told to wait 30 Days to see if the problem went away. After replacing at least 3 parts and at least 3 service calls, The problem never did. The last two tech told me that all fixes had been applied. The problem was UN-repairable. So Sears being as generous, as they are, are offering me $1500 toward the purchase of another one of their products. When we spoke to a sales man at the Local SEARS Store He said "they must joking", There is nothing comparable, even close to that price range. Here is the best joke. From the SEARS Protection Agreement. "Welcome to Peace of Mind."..... "Now your product is protected against the Unexpected".. I guess this was an expected problem. I do not want a $1500 pay off. I want the product fixed or replaced.
May 12, 2016Complaint DepartmentPeople ClaimP.O. Box 2531Boone, North Carolina 28607RE: Investigation of Rebuttal Complaint with Sears Holdings CorporationAndrew Evans – File # - 3875439-240724 To Whom It May Concern:We have completed the investigation regarding Mr. Evans’ follow-up concerns with his refrigerator and the amount authorized for replacement.Mr. Evans has not provided any new information regarding his refrigerator and/or the replacement process. His refrigerator has been authorized for replacement under the existing Repair Protection Agreement (RPA), which has a maximum replacement amount of $1,500.00. While Mr. Evans previously carried a Master Protection Agreement (MPA) that would have afforded him a comparable replacement in the event his refrigerator could not be repaired; he let that coverage lapse and therefore, was not entitled to either a covered repair or a replacement since October 15, 2015. If our Protection Agreement Department had not provided him with a six-month RPA on January 15, 2016, as a courtesy, he would have no coverage at this time and consequently, the entire replacement cost would have been his sole financial responsibility. As we previously stated, Mr. Evans has been authorized $1,500.00 towards a new refrigerator from Sears and even though this amount is unsatisfactory to Mr. Evans, no other accommodations will be forthcoming. Again, we would like to remind Mr. Evans that he only has 90 days to utilize the authorization. If he allows the authorization to lapse, he will become responsible for the full replacement cost of his refrigerator. Since our position remains unchanged, as it is in accordance with the terms of the RPA presently carried on Mr. Evans’ refrigerator, we ask that this matter be closed.Again, we apologize for any issues or frustrations that Mr. Evans may have experienced with Sears Holdings Corporation. We do value our customers and strive for their complete satisfaction including a reasonable resolution of any complaints whenever possible. If you have any further questions or concerns, you are welcome to contact me via email at Melissa.Lando@searshc.com. Sincerely, Melissa LandoMelissa LandoRegulatory Complaints Specialist
SEARS technician(s) have determined that the Refrigerator is UN-repairable due to either a design flaw or manufacturer defect, not Customer misuse.. It bears the Name Kenmore, a Sears product. Therefore, it is my view that Sears be held accountable for the full and original replacement value of the refrigerator.
WMay 18, 2016Complaint DepartmentPeople ClaimP.O. Box 2531Boone, North Carolina 28607RE: Investigation of Rebuttal Complaint with Sears Holdings CorporationAndrew Evans – File # - 3875439-240724 To Whom It May Concern:We have completed the investigation regarding Mr. Evans’ follow-up concerns with his refrigerator and the amount authorized for replacement.Mr. Evans is not entitled to a comparable replacement for the following reasons. First, his refrigerator was not deemed un-repairable due to a sealed system issue, which is the only failure that would entitle Mr. Evans to a comparable replacement under his exceptional parts warranty. Mr. Evans was authorized a replacement for customer satisfaction due to the multiple repair attempts and after he repeatedly contacted our customer service groups. Secondly, per his RPA, he is only entitled to a maximum replacement amount of $1,500.00, which he has been provided. It is unfortunate that Mr. Evans remains satisfied with our decision, but it is fair and commensurate to the circumstances. Therefore, no further accommodations will be forthcoming and we have closed our file.Again, we apologize for any issues or frustrations that Mr. Evans may have experienced with Sears Holdings Corporation. We do value our customers and strive for their complete satisfaction including a reasonable resolution of any complaints whenever possible. If you have any further questions or concerns, you are welcome to contact me via email at Melissa.Lando@searshc.com. Sincerely, Melissa LandoMelissa LandoRegulatory Complaints Specialist
There are a couple legal things you may want to check on: the Magnuson-Moss Warranty Act and the Reasonable Man theory.
Being a relatively reasonable person, I'd say that a $3,200 refrigerator should be expected to last more than 4 years. If the fridge broke before the $500 warranty expired, and multiple repairs didn't get it back to perfect running condition, then extending the warranty to cover repairs only doesn't adequately cover the situation.
While it's tempting for a company (even unwittingly and/or without a specific company policy in place) to string the repairs along until the warranty has expired, I don't personally believe that a court would agree that doing that is within the spirit of the law.
Sometimes it's also reasonable for a consumer to compromise. I think if this were me, my math would go like this: I expect a fridge to last 10-20 years. The OP has had 4 years out of the fridge--followed, of course, by extreme frustration and time spent on repair techs and arguing over the phone.
So $1500 isn't enough, but $3200 is maybe asking a little much. If it were me, I'd be willing to accept perhaps $2500 towards a new fridge. Sears can then not only do the right thing but also have the fridge back to study what went wrong. If I sold a $3200 fridge that conked out in such a short time, I'd worry about my reputation for quality products.
We are actually abiding by the terms of the contract. That service contract was designed to provide repairs and a replacement really only applies when the unit cannot be repaired. Even then it is not meant to necessarily cover the entire replacement as it is clear that any monies toward a replacement are capped at $1500.00. The other important thing to remember is the only reason the consumer had this coverage and would receive anything towards a replacement is because we purchased this coverage on his behalf (he did not pay for it). If we had not done that as a courtesy to help repair the refrigerator at no cost to him, the entire expense of a replacement refrigerator would have been his responsibility.
I am glad that SEARS felt they did the right thing. I have been a customer of SEARS since 1948 when I bought a 22 Rifle from a small store in Newton NJ. Since than I have always purchased major appliances from Sears. (Refrigerators (at least 6), Freezers (2), Tractors(2), Snow throwers(3), Wall to Wall Carpeting (1), Craftman tools (too many to Count). I am going to do the right thing. I am totally done with SEARS.
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