Post by jeffolie on Dec 3, 2011 12:09:01 GMT -6
Yesterday: A Home Depot Customer Care supervisor offered me $100 plus their current warranty (repairs and 1 replacement if the water heater fails within 12 years).
I rejected the offer yesterday as soon as it was made by email.
I am thinking that because there are over 200 recent 'lifetime warranty' contracts signed just by the local Home Depot water heater contractor ... that perhaps a class action lawsuit may be possible locally or even nationally.
What do you think?
What should I do now that Home Depot wants to settle with my 'lifetime warranty' dispute?
My ongoing beef with Home Depot: I signed, paid, got a water heater installed by their Signal Hill, CA store's "at home services" solely because of the allure of a lifetime warranty. "Lifetime Warranty" in handwriting topping our Sept 30th contract which contains no language in the many paged contract to the below Extended Protection Plans' TERMS AND CONDITIONS. My ongoing beef essentially disagrees with Home Depot's view of my contract not incorporating what Home Depot must do to fulfill "Lifetime Warranty" in handwriting topping our Sept 30th contract. Home Depot insists I bought a Extended Protection Plans and or Extended Service Plan while I disagree.
Home Depots plans administrator is an entity named "N.E.W. corp". They will not send me a document beyond the below vague "... life of the water heater ... " while verbally different N.E.W. workers on the phone inconsistently interpreted this as 13 years from date of purchase to as much as 20 years or that no fixed number of years is defined.
My view as negotiated before contract signing remains ' as long as either my lovely, sweet wife Olie or I shall live and own our home ' without restrictions as none were 'incorporated by reference'.
"... Term of Coverage for Lifetime Hot Water Heaters: The term and coverage
of this Plan begins upon the expiration of the manufacturer’s labor
warranty and continues for the life of the water heater. ... "
=========================
TERMS AND CONDITIONS
" ... What is Covered for Lifetime Hot Water Heaters: This Plan covers
parts and labor costs to repair your product in the event your product
experiences a breakdown which is not concurrently covered under any
insurance policy or any other service contract. If we determine that we
cannot service your product as specified in this Plan, we may replace
it with a replacement product or we may at our discretion issue you a
Home Depot gift card or check for the original purchase price of that
product, including taxes, as indicated on your sales receipt. Non-original
manufacturer’s parts may be used for repair of the product if the manufacturer’s
parts are unavailable or more costly.
These Plans include the following enhanced coverage beginning on
your date of purchase:
• Surge protection
• Re-installation labor in the event a water heater cannot be repaired
and needs to be replaced.
Term of Coverage for Hot Water Heaters: The term of the water heater
service begins upon the expiration of the manufacturer’s labor warranty
and remains in effect unless cancelled or fulfilled pursuant to the provisions
below for the term indicated on your sales receipt. Our obligations
under this Plan will be considered fulfilled if we provide you with a
replacement product, a check, or Home Depot gift card for the original
purchase price of your product, including taxes as indicated on your
sales receipt.
Term of Coverage for Lifetime Hot Water Heaters: The term and coverage
of this Plan begins upon the expiration of the manufacturer’s labor
warranty and continues for the life of the water heater. How it works: If your product experiences a breakdown contact customer
service at 1-800-HOMEDEPOT (1-800-466-3337) to process your claim.
If in-home service is provided for the full term of your manufacturer’s
warranty, then it will be provided under this Plan. Once your product has
been replaced all of our obligations under this Plan have been fulfilled
in their entirety. No Lemon Policy: After three (3) service repairs have been completed on
an individual product for the same breakdown or component, and that
product requires a fourth (4th) repair for the same breakdown or component,
as determined by us, we will replace it, at our discretion, with a
new or remanufactured product of like kind and quality that performs to
the factory specifications of the original product or provide you a Home
Depot gift card or check with a value equivalent to the original purchase
price of the product, excluding sales tax. This Plan shall be satisfied
upon replacement of your product or issuance of your gift card or check.
The following terms apply to All Plans:
Limit of Liability: For any single claim, the limit of liability under this
more... www.homedepot.com/hdus/en_US/DTC ... W_T_Cs.pdf
I rejected the offer yesterday as soon as it was made by email.
I am thinking that because there are over 200 recent 'lifetime warranty' contracts signed just by the local Home Depot water heater contractor ... that perhaps a class action lawsuit may be possible locally or even nationally.
What do you think?
What should I do now that Home Depot wants to settle with my 'lifetime warranty' dispute?
My ongoing beef with Home Depot: I signed, paid, got a water heater installed by their Signal Hill, CA store's "at home services" solely because of the allure of a lifetime warranty. "Lifetime Warranty" in handwriting topping our Sept 30th contract which contains no language in the many paged contract to the below Extended Protection Plans' TERMS AND CONDITIONS. My ongoing beef essentially disagrees with Home Depot's view of my contract not incorporating what Home Depot must do to fulfill "Lifetime Warranty" in handwriting topping our Sept 30th contract. Home Depot insists I bought a Extended Protection Plans and or Extended Service Plan while I disagree.
Home Depots plans administrator is an entity named "N.E.W. corp". They will not send me a document beyond the below vague "... life of the water heater ... " while verbally different N.E.W. workers on the phone inconsistently interpreted this as 13 years from date of purchase to as much as 20 years or that no fixed number of years is defined.
My view as negotiated before contract signing remains ' as long as either my lovely, sweet wife Olie or I shall live and own our home ' without restrictions as none were 'incorporated by reference'.
"... Term of Coverage for Lifetime Hot Water Heaters: The term and coverage
of this Plan begins upon the expiration of the manufacturer’s labor
warranty and continues for the life of the water heater. ... "
=========================
TERMS AND CONDITIONS
" ... What is Covered for Lifetime Hot Water Heaters: This Plan covers
parts and labor costs to repair your product in the event your product
experiences a breakdown which is not concurrently covered under any
insurance policy or any other service contract. If we determine that we
cannot service your product as specified in this Plan, we may replace
it with a replacement product or we may at our discretion issue you a
Home Depot gift card or check for the original purchase price of that
product, including taxes, as indicated on your sales receipt. Non-original
manufacturer’s parts may be used for repair of the product if the manufacturer’s
parts are unavailable or more costly.
These Plans include the following enhanced coverage beginning on
your date of purchase:
• Surge protection
• Re-installation labor in the event a water heater cannot be repaired
and needs to be replaced.
Term of Coverage for Hot Water Heaters: The term of the water heater
service begins upon the expiration of the manufacturer’s labor warranty
and remains in effect unless cancelled or fulfilled pursuant to the provisions
below for the term indicated on your sales receipt. Our obligations
under this Plan will be considered fulfilled if we provide you with a
replacement product, a check, or Home Depot gift card for the original
purchase price of your product, including taxes as indicated on your
sales receipt.
Term of Coverage for Lifetime Hot Water Heaters: The term and coverage
of this Plan begins upon the expiration of the manufacturer’s labor
warranty and continues for the life of the water heater. How it works: If your product experiences a breakdown contact customer
service at 1-800-HOMEDEPOT (1-800-466-3337) to process your claim.
If in-home service is provided for the full term of your manufacturer’s
warranty, then it will be provided under this Plan. Once your product has
been replaced all of our obligations under this Plan have been fulfilled
in their entirety. No Lemon Policy: After three (3) service repairs have been completed on
an individual product for the same breakdown or component, and that
product requires a fourth (4th) repair for the same breakdown or component,
as determined by us, we will replace it, at our discretion, with a
new or remanufactured product of like kind and quality that performs to
the factory specifications of the original product or provide you a Home
Depot gift card or check with a value equivalent to the original purchase
price of the product, excluding sales tax. This Plan shall be satisfied
upon replacement of your product or issuance of your gift card or check.
The following terms apply to All Plans:
Limit of Liability: For any single claim, the limit of liability under this
more... www.homedepot.com/hdus/en_US/DTC ... W_T_Cs.pdf