To Whomever It May Concern
I am writing in regards to a side-by-side stainless steel Sears Kenmore refrigerator (serial #4a61512393 model # 970446030) with ice and water. The unit was purchased new for app $1630 app 6-1/2 – 7 years ago. The unit has served us well until recently.
The sales department at Sears called us to sell us the Sears Protection plan on our purchase of a washer and dryer. They also stated that we had other appliances from Sears and they would also like to provide coverage to those additional appliances. I ended up purchasing the Sears protection Plan for my microwave, washer/ dryer, and refrigerator for over $300. In the past the Sears protection plan has served us well, when it was required.
The refrigerator in question started to get warm and eventually shutdown app 8 weeks ago. We called Sears and a Technician came out to the house and repaired a small leak and refilled the gas. Problem Solved, or so we though. The refrigerator died again on Sept 11, and another Technician came out the next day and said that parts needed to be ordered. The Tech came back on Sept 18, and told my wife that the fridge was not repairable.
I received a phone call on September 19th from a lady by the name of “Nan” who offered me $550. I told her that I wanted to speak to her Manager. I spoke John Jhaleb who said that refrigerators have a 10 year life and he was going to depreciate the fridge by 10% per year. I asked if Sears was going to start selling units with a sticker stating ” guaranteed to last 10 years”? To me that was absurd. I stated that nowhere in the service agreement did it say that refrigerators have a 10 year life and there was nothing in regards to depreciation. I was also told that the lemon policy did not apply since I only had 2 repair and not the 3 repairs required to qualify for the lemon clause. I agreed with John in regards to the Lemon Clause.
4. NO LEMON COVERAGE:
If we repair your Covered Product three times during any continuous 12-month period and the Covered Product then requires a subsequent repair during the same 12-month period (as verified by our authorized service centre), we will, at our discretion and subject to the terms of the Protection Agreement, (i) replace the Covered Product with a new or refurbished product of similar features and functionality (though not necessarily the same brand); or (ii) issue a store credit for the current replacement value of the Covered Product, not to exceed the original purchase price. You must return the Covered Product to us in order to qualify for this No Lemon coverage. For the purpose of this provision, one repair occurs when one service request is fulfilled requiring the repair or replacement of functional parts, but shall not include product diagnosis, customer instruction, repair or replacement of accessory, cosmetic, or non-functional parts, or any repair covered under a manufacturer’s product recall. The Protection Agreement will immediately be deemed fulfilled and will end on the date of replacement under this provision.
I told John that I wanted a replacement unit or a store credit for the current replacement value. This was according to section 8 as follows:
8. PRODUCT REPLACEMENT:
At our option, we may replace your Covered Product with a new or refurbished product with similar features and functionality (though not necessarily the same brand) or we may issue a store credit for the current replacement value, not to exceed the original purchase price. Technological advancements may result in a replacement product with a lower selling price than the Covered Product. If we replace the Covered Product after expiry of the manufacturer’s warranty and during the Agreement Term, then our obligations under the Protection Agreement will immediately be deemed fulfilled and the Protection Agreement will end on the date of replacement.
Nowhere in the above does it state that Sears will deduct any money for depreciation. And nowhere does it state that there will be a negotiation on the payout amount. It is clear from the agreement that I will get a new or refurbished unit with similar features or current replacement value not to exceed original purchase price.
I called the Presidents Line and was transferred to another lady by the name of “Lev” in customer service. She listened to me and agreed on the points I raised. She said that she would have to call the original department that I spoke to and discuss the issue with them. She stated that Sears was willing to offer $800, and said that I should be able to buy a comparable unit at Sears for that amount. I disagreed with her, and stated that she can have the buyout department purchase the fridge for that amount and have it delivered to my house. Replacement Unit are closer to the Initial price of app $1630 that I paid 7 years ago.
I am asking that Sears honour the terms of Sears protection agreement and send me either a replacement unit with the same features or give me a credit for my full purchase price so that I may go and purchase another unit from Sears.
I am thoroughly disturbed by the run around from Sears customer service. All my appliances are from Sears, and all my extended family has also bought appliances from Sears. I am expecting that Sears will honour the Service agreement and provide full credit to purchase a new fridge and to also compensate for the extensive food loss. I can be contacted at : **************************
Product or Service Mentioned: Sears Protection Plan.
Monetary Loss: $1600.