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how many repairs in a year before something is considered a lemon??

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Ohioguy

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Mar 4, 2011, 7:50:57 PM3/4/11
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If you've spent roughly $5k on a new furnace/heat pump that is
supposed to pay for itself with lower electricity, at what point (how
many repair calls) would the heat pump unit be considered a "lemon"?

We have had the company who installed the Rheem furnace (and 'Weather
King' heat pump - which is a Rheem subsidiary) out about 5 times in the
year since it was installed. Each time the issue turns out to be that
the coolant has leaked out of the unit. The unit actually had this
problem right at the start - there was a crack that was determined to be
a manufacturing defect, and they had to come out within a week or so to
fix that and fill it back up with r412.

Recently I found out that the heat pump hasn't been engaging for some
time. Obviously it wouldn't on the coldest days, (roughly 30F or lower)
but even on the warmer days I saw that it wasn't working. When our
electric bill came in at about $180 more than I was expecting, I sat up
and took notice, and finally realized it wasn't just an issue of the
extra cold winter that was causing the heat pump not to run.

So the guy came out about a week and a half ago, determined that it
was another leak - no coolant left. I asked him at that point when the
company would consider it a lemon, and replace the unit. He laughed,
and said they don't replace them - they just keep sending him out to fix
it. (that was NOT reassuring) He fixed it yesterday, and the 'fix' went
bad in less than 16 hours. No working heat pump today. No fan, despite
it being up near 50 degrees. Nada.

What are my options? Should I just keep putting up with the thing
conking out, and hope they eventually get it right? I'm really starting
to suspect that the thing is really a piece of junk. At this point I
would never recommend that anyone install a Rheem or Weather King heat
pump, due to all of these continuing problems.

g

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Mar 4, 2011, 9:00:05 PM3/4/11
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On 04/03/2011 16:50, Ohioguy wrote:
> If you've spent roughly $5k on a new furnace/heat pump that is supposed
> to pay for itself with lower electricity, at what point (how many repair
> calls) would the heat pump unit be considered a "lemon"?
>

Write a letter to the company, registered mail and being very polite,
stating that your heat pump has a fault that has not been fixed in spite
of several service calls.
Demand a new pump. Give them x number of business day to respond.

What will happen is that they will understand that you are now at a
point where you may become a nuisance (to them!) and the path from a
registered mail to a lawsuit may very well be very short.

If they do not respond, write another letter and threaten a lawsuit.

Another option is to write an open letter in the local newspaper,
describing the issue you have with this heat pump and the company.
No company worth anything will like a negative review. Again, make sure
you can back up the facts!

And also think about BBB, they might be able to help or advice.

Good luck.

Don Klipstein

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Mar 4, 2011, 11:06:42 PM3/4/11
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I would avoid overtly threatening legal action in the first 2 letters,
and I would avoid threatening legal action indirectly or by implication in
the first one.

Other than that, I would say that the customer is having an ongoing
problem within warranty period and needs this fixed.

Maybe in the 1st letter, if I felt need to get pushy at that point, I
could add, "I look forward to hearing from you how this can be remedied".

In the 2nd letter, I could add, if willing to get "pushy", "I look
forward to hearing from you within xx (maybe 15 or 30) days how this is
going to be remedied".

This appears to me in my experience to often be a polite way,
maybe-semi-"legalese", of "halfway-saying" that "you need to do
this if you know what's good for you".

Important to note in writing: Who you talked with when and how, and
what they did when and how. Have everyone doing work on your property
issue some piece of paper saying what was done, when and who did it,
highly preferably with a company name. Note in your own writing with
date/time somehow anyone who works on your stuff but refuses to be
sufficiently named, refuses to name a company working under, or refuses
to issue a piece of paper saying in some "official manner" what was done
and by who, preferably with a company name.
Subcontractor worker naming subcontractor company is at least fairly OK,
especially if also naming who subcontracted the subcontractor.

Possibly helps if you are in a jurisdiction with licensing requirements
and means for checking out that workers (or their companies) have the
required licenses, and that a licensed worker is at the job site if your
jurisdiction requires that. (Though on the other hand, I see license
requirements being excessive in some jurisdictions for purposes of
"featherbedding").

====================

Note who said what when and quickly, and note who did what and when -
quickly. Be able to tell whoever you communicate with next what was said
and what was done by who.
Ask for name of whoever you are even so much as on the phone with, once
things are even on an early stage of going south. Accept and write down
first-name-only, employee numbers and pseudonyms (with date and time and
any relevant details such as voicemail path) with small-at-most argument
should that be all they offer. Be prepared to write down name or 1st name
if you only get to hear that in the 3rd or 4th second of your phone
conversation should things be someway or another on their way or about to
go downhill.

Some of this may motivate whoever-is-enough-in-charge to get some ball
rolling to *make things right*. This outcome is more likely if your
"tone" and attitude is that what you want is, 1st and 2nd, that your
trouble gets fixed, rather than going to court. It appears to me that
appearing in any way "itching" to go to court, especially to get money
from "them", usualy does not fare well.

Also - know who is responsible for warranty (or lack thereof) for what
items and services you purchased, according to what you got in writing
from whoever is "duly authorized" to issue warranties, and according to
the laws of your jurisdiction. Also, please know well whatever "lemon
laws" apply to your area and your situation and how...

Much of this, my mother told me...
--
- Don Klipstein (d...@misty.com)

Message has been deleted

Al

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Mar 6, 2011, 10:08:00 AM3/6/11
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I don't think you have been pushy enough yet. I think you should start
demanding a replacement system now including your calculation of the
extra costs this beast has caused>electricity, time, lost work, etc.
Stress the repeat repairs for the same problem. That is one key in
auto lemon law and you have it, the lost refrigerant.

jaygreg

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Mar 9, 2011, 12:47:07 AM3/9/11
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Though Rheem is privately held, it's a big company. Big companies
usually try to run well which means they care about their reputation and
they try to establish clear lines of authority and responsibility within
their structure.

Writing to an executive in a polite but firm fashion often brings
positive results. Corporations don't know who you know or how
influential you may be. When your letter hits their office with their
name on it, their staff is usually (not always) trained to give the
mater higher priority than it would normally receive if it landed
directly on a Customer Service desk. Choose an executive who likely to
be straddling two fences; that of a chief executive but one who has to
have a good knowledge of details of his outfit. Here's my choice for the
company that made your products:

Mr. Chris Peel - CEO & Senior VP
Rheem Manufacturing
1100 Abernathy Road NE
Suite 1400
Atlanta, GA 30328
770-351-3000

I would "stroke" the company by commenting on what the name meant to you
(big, respectable), explain the number of service calls, hint that the
product is inferior and not in line with the Rheem reputation, (was the
product dropped or mishandled in transit... in the warehouse), and
explain you've lost confidence. You paid with whole dollars and you
deserve a whole product. The one you received is less than whole. They
need to "make it right".

Good luck.

(another "Ohioguy")

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