When a major appliance breaks down, who pays? Above and beyond the cost of the appliance, who pays for other losses related to the defect?The answers are far from clear-cut — know them before you have to find out the hard way.Jimmie Smith is a Savannah landlord — a landlord who fought to help a tenant after a store delivered a defective refrigerator for a tenant. When his efforts stalled, he called us for some help."We purchased a new refrigerator but didn't find out it was defective until about two days later when the tenant called me and said it wasn't cooling. She lost all of her food and medicines she had in the refrigerator," he explained.He said it took a frustrating few days to get the repairman out there. "The tech said the refrigerator had no Freon, a factory defect. So he called Sears, where he had purchased the appliance, and the company brought out a new refrigerator the next day.In consumerism, this falls under the Magnuson-Moss Warranty Act, which supplements the Uniform Commercial Code. If something is defective out of the box, you don't need to settle for repairs. The store or manufacturer must replace the item or refund your money.But there remained another problem: Around a hundred dollars in food and medicine loss."The store said they are not responsible because I did not buy a food loss policy. That s when I called you," Smith said.Many appliance makers do not cover consequential damages like food loss. Sears sells a master protection agreement, but in this case, Smith had not purchased it.Technically, the company was under no obligation to replace the food, only the refrigerator. But when I explained the situation to a representative from Sears headquarters in Illinois, the company reconsidered. As a courtesy, Sears issued a check for $100 to replace the lost perishables.Smith did not expect the quick response. "I'd been going around a week until l called you. Your intervention really helped," he said.Sears stepped up in the name of good customer relations. Just remember: The law requires manufacturers or stores to replace or refund your money for items that were defective at the time of purchase. But that does not necessarily mean you will be paid for related losses, like food in a defective refrigerator.If you get a new refrigerator, play it safe and wait 24 hours to see that it is cooling as intended before you fill it.If it does fail, food loss is generally covered by your homeowners or renters insurance, although most policies also contain restrictions. Have a consumer question or problems? Write me here at WJCL-TV: ASA@askasa.com.
SAVANNAH, Ga. (WJCL) —
When a major appliance breaks down, who pays? Above and beyond the cost of the appliance, who pays for other losses related to the defect?
The answers are far from clear-cut — know them before you have to find out the hard way.
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Jimmie Smith is a Savannah landlord — a landlord who fought to help a tenant after a store delivered a defective refrigerator for a tenant. When his efforts stalled, he called us for some help.
"We purchased a new refrigerator but didn't find out it was defective until about two days later when the tenant called me and said it wasn't cooling. She lost all of her food and medicines she had in the refrigerator," he explained.
He said it took a frustrating few days to get the repairman out there. "The tech said the refrigerator had no Freon, a factory defect. So he called Sears, where he had purchased the appliance, and the company brought out a new refrigerator the next day.
In consumerism, this falls under the Magnuson-Moss Warranty Act, which supplements the Uniform Commercial Code. If something is defective out of the box, you don't need to settle for repairs. The store or manufacturer must replace the item or refund your money.
But there remained another problem: Around a hundred dollars in food and medicine loss.
"The store said they are not responsible because I did not buy a food loss policy. That s when I called you," Smith said.
Many appliance makers do not cover consequential damages like food loss. Sears sells a master protection agreement, but in this case, Smith had not purchased it.
Technically, the company was under no obligation to replace the food, only the refrigerator. But when I explained the situation to a representative from Sears headquarters in Illinois, the company reconsidered. As a courtesy, Sears issued a check for $100 to replace the lost perishables.
Smith did not expect the quick response. "I'd been going around a week until l called you. Your intervention really helped," he said.
Sears stepped up in the name of good customer relations. Just remember: The law requires manufacturers or stores to replace or refund your money for items that were defective at the time of purchase. But that does not necessarily mean you will be paid for related losses, like food in a defective refrigerator.
If you get a new refrigerator, play it safe and wait 24 hours to see that it is cooling as intended before you fill it.
If it does fail, food loss is generally covered by your homeowners or renters insurance, although most policies also contain restrictions.
Have a consumer question or problems? Write me here at WJCL-TV: ASA@askasa.com.
