Warranty question...what do you think is right?

Discussion in 'Archived Threads 2001-2004' started by DavidAM, Mar 21, 2003.

  1. DavidAM

    DavidAM Second Unit

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    I have a leather sofa I purchased 3 years ago. At the time of purchase, I bought the 5 year warranty that covered any damage to the leather. I have a copy of the warranty and it states repair or replacement. Well, the guy came to repair the sofa (its 3 1" rips in the seating area...2 cushions damaged) and the repair did not hold. Within 2 days, it had split again. Well, I called the warranty company (Valspar/Guardsman) and told them I was not satisfied. The next step would be to replace either the 2 cushions or the whole sofa (their discretion), but the store I bought it from is no longer in business so they say they cannot replace it. She said in this situation they will refund me the warranty purchase price ($120) or maybe refund part of the sofa price. This is coming from the regular answer girl and she is having the appropriate department call me on Monday. Obviously having the $120 refunded and keeping a ripped sofa is not what I want, I want to be refunded the whole purchase price. I think that is fair if they cannot replace it like the warranty states. But, I figured I'd get you guys opinions on this before he calls me monday so I can be prepared. What is their legal recourse on this and what would you expect to be a satisfactory solution? My thoughts are I bought a warranty for repair or replacement and that's what I should get, regardless if the store is now defunct (was Sears HomeLife Furniture). I'd be happy if they replaced it with a similar priced sofa from another store they work with or refunded my money. I see nowhere on the warranty that they shall not be responsible if the store goes out of business. I just don't see how that is an excuse to void an extended 3rd party warranty. I could see if the warranty was through HomeLife and they are no longer in business, but being a 3rd Party company I would imagine they have to honor it to completion. Anyway, give me your thoughts on this incase they try to give me the runaround I can be prepared with what is right and what they must do. Thanks.
     
  2. Eric_L

    Eric_L Screenwriter

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    You need to check for another location of that store online or another vendor for that sofa, if it is still being made.

    Check the Better Business Bureau on the issuer of the warranty. Any complaints?

    Report your findings back here.

    I'd be unlikely to accept a refund except as a last resort, then it would be plus interest. I'd forget about legal recourse. I mean, really....
     
  3. Lee L

    Lee L Supporting Actor

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    Have you tried calling Sears directly? Since Homelife was a subsidiary of Sears, maybe they at least can give you some info on how to proceed. Whatever, I would definitely not accept a refund of the warrantee price. What is the point of a warrantee after all? Leather sofas are available from many other places and I would expect Guardsmark to get me a comparable priced and quality sofa from them.

    Don;t know if you have ever heard of Clark Howard. He does a consumer protection radio show out of Atlanta that is syndicated here in Raleigh and elsewhere. He has people that can call the company and get some action. He also has a website at www.clarkhoward.com .
     
  4. Brian Perry

    Brian Perry Cinematographer

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    Offering a refund of the warranty cost is ridiculous; imagine getting into a car accident and having the insurance company say, "sorry about the loss of your $52,000 car--how about we refund the $600 premium of your policy?"
     
  5. Hunter P

    Hunter P Screenwriter

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    Was the extended warranty with the store or was it with the sofa manufacturer? Is the sofa unrepairable or did the repair guy just do a poor or cheap job?

    Regardless, I would not accept a refund of the warranty. I would hold them to their contract.
     
  6. Ted Lee

    Ted Lee Lead Actor

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    this is a tough spot. with sears homelife furniture out of business you may be stuck.

    guardsman is only contracted to do the repair work. if they couldn't repair something they (normally) would have gone back to homelife. obviously they cannot do that now.

    but i don't see them having a legal obligation to replace your sofa - that's not their "line of work". your problem isn't with them, it's with the place you bought the stuff from.

    if you run into problems, try to contact sears corporate somehow and see what recourse you have. i doubt you'll get far with guardsman.

    fwiw, i had a similar experience with rogersound labs. i bought a ton of stuff with the extended warranty, but they went out of business a few months later. luckily, sony honored the warranty. maybe you can get something similar.
     
  7. DavidAM

    DavidAM Second Unit

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    Thanks for all the replys. The guy didn't call today so I don't know what's going on yet. The warranty is though a 3rd party company called Valspar, but Guardsman is the subsidiary handling my warranty work (this is how I understand it anyway). What I'm hoping is Guardman is the repair service, but since Valspar is the main company, they should still have to honor the warranty. The guy did a decent job I'm sure, but you could still tell it was patched and the main problem is that it split again in 2 days. The tears are on the seating area, so the patches are getting alot of abuse. I will try to look up a Sears corporate # and see if they can help me also. Hopefully I won't have to argue with them and they make me happy, but we all know that never happens, so stay tuned and we'll see what happens.
     
  8. Eric_L

    Eric_L Screenwriter

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    One more thought, did you happen to finance the sofa? 90 days same as cash or anything? I used to work in CA in finance, and I recall that as a retail lender my firm was liable for any implied or written warranties should the vendor fail to deliver.... I'm not sure if it still that way or effective in all states.

    I'd also ask Valspar what other furniture dealers they protect. Look for an exchange through another vendor.

    Check Thomasville, NC or wherever your sofa was made. Is the manufacture still around? Making that model? It'd be hard for your warranty co. to say no if you found the sofa and one of their vendors could get it.

    Pursue Sears, good idea.

    Chech the BBB ratings of these valspar jokers. I'm not impressed so far. Willing to bet others have had similar experience.

    If they give you grief, get the name and phone number of the manager responsible and post it here. We'll bombard them with phone calls lauding their lack of committment.
     
  9. DavidAM

    DavidAM Second Unit

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    No, it wasn't financed, so I can't play that card on them. I will try to call them tomorrow and see what's going on. I'm sure they try to pull the refund the warranty price on people and I'm sure some take it, but I don't think its right or fair which is why I asked for opinions on this situation so I could be well informed when I talked to the manager or whoever. You can check out their website at www.valspar.com , you will also see the guardsman site on their "Family Of Sites" or just go to www.guardsman.com. Anyway, wish me luck and lets hope I get a new sofa!
     
  10. Henry Carmona

    Henry Carmona Screenwriter

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    Im no lawyer, so the way i see it is you purchased a sofa with an optional warranty thru a 3rd party company.

    They say they cant replace the cushion cuz the company is out of business(assuming that company is the only one that makes those cushions), so they offer you your money back for the warranty.

    Seems very fair to me.

    What exactly does the warranty say? What does it say about replacing the sofa if they cant fix the problem?

    Do they every say they will give you a full refund of your purchase price if they cant fix it?

    I dont know, if your sofa cost a pretty penny, you might wanna get some legal help, but for sure contact the BBB if they cant satisfy you.
     
  11. Anders Englund

    Anders Englund Second Unit

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    Being that you bought the insurace/extended warranty from a 3rd party you issue should be with them. I'd never accept a refund of the warranty price. The warranty state repair or replace. If it can't be repaired, then they should replace the sofa or the cushion. HOW they choose to accomplish that is not your problem.

    --Anders
     
  12. Lee L

    Lee L Supporting Actor

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    The warrantee does state that it will be replaced if it can't be fixed. In fact, I have received a new sofa through this same plan. They could not repair the tear where the cushion attached so they called Sears Homelife and told them that it was not fixable. I went down to Sears Homelife and they gave us a store credit for the full purchase price for the sofa.
     

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