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Gone
Premium
join:2011-01-24
Fort Erie, ON
kudos:4
reply to Thane_Bitter

Re: [Serious] So tell me guys...

Bingo. Something like this should never occur.



dirtyjeffer
Anons on ignore, but not due to fear.
Premium
join:2002-02-21
London, ON

said by Gone:

Bingo. Something like this should never occur.

agreed...however, that is why places sell extended warranties...you win some, you lose some...in most cases, the units will last for a very long time...in some cases though, they don't...you found out the hard way.

while it is possible they may still cover it for you, they certainly don't have to (provided the part that failed is no longer under some aspect of the warranty).

good luck, you'll need it.
--
People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.

- George Orwell


Gone
Premium
join:2011-01-24
Fort Erie, ON
kudos:4

said by dirtyjeffer:

agreed...however, that is why places sell extended warranties...you win some, you lose some...in most cases, the units will last for a very long time...in some cases though, they don't...you found out the hard way.
while it is possible they may still cover it for you, they certainly don't have to (provided the part that failed is no longer under some aspect of the warranty).
good luck, you'll need it.

BULLSHIT jeffer, BULL SHIT.

There is an implied warranty with every product sold that it will operate for a reasonable amount of time free from defects. This exists in common law (with some parts codified in various consumer protection acts) and is based on the reasonable expectation of a product's life and extends beyond the defined warranty provided by the manufacturer. Something like this - which is so obviously and blatantly a defect in both design and manufacturing - should never fail under any circumstance, let alone after 16 months. The manufacturer-certified repair tech who was at my home today said exactly as much.

We're not talking about a control board that died or a bearing that's shot. Those are what extended warranties are for. We are talking about the entire structure of the washing machine failing - a failure which could have been potentially dangerous. A failure so catastrophic that the machine is beyond any sort of economical repair. Major appliances are not throw away items, they are designed to be repaired. If they fail so badly that they cannot be repaired only slightly more than after one year of age, something is terribly wrong beyond anything provided by a manufacturers warranty or extended warranty.

While you may take something like this up the ass with a smile on your face, I won't. I don't need any luck, because I will take them to court with the repair tech as an expert witness as to just how unusual of a failure this was. I will give them the opportunity to make this right and provide a remedy, but a response like yours from the manufacturer is wholly and completely unacceptable and will result in all avenues at my disposal being utilized.

But that's jumping to conclusions. When my wife called earlier today they had a specific person for this specific issue to speak with, but that person was off for Thanksgiving. I get the feeling they've had stuff like this happen before and may have a process in place. We'll see.


Bad Words

@videotron.ca

In Quebec the major appliance must meet it's intended use.

meaning, even if it only has a one year warranty and the item fails after 16-months of normal use, then you should get the item repair/replaced for free.

What gone posted clearly fits this criteria. Just not sure if Ontario consumer protection has this clause.

He has to go to where he bought it and argue. Or call the manufacturer. If both refuse to deal with him, small claims for a replacement of equal or greater value + costs. He should win this.

Meanwhile he still as to wash clothes. So he will have to buy another one (which he will bring the bill to court with him if it goes this route).

Not sure how this would apply to my fridge after 35 months... Grrrr



dirtyjeffer
Anons on ignore, but not due to fear.
Premium
join:2002-02-21
London, ON
reply to Gone

i sold appliances for a number of years...but hey, once again, you're the expert.

if you wish, grab your owners manual and read the warranty details in there...that's what you get...they may still do something for you, and if so, that's great...but if whatever failed on the unit is not covered under warranty, they don't have to do a damn thing about it.

for a washing machine, the warranty is likely 1 year parts/labour, with a longer warranty on the drum (like 5-10 years)...the question will be if whatever failed is covered under the drum warranty (some only cover rust issues)...also, depending on the company, they may go ahead and cover it for you even if it isn't covered under the standard warranty for good customer service.

it very well could have been a manufacturing defect, and many of those come through during the primary warranty period (one year, for example), but not always...this could be an example of such.
--
People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.

- George Orwell



Gone
Premium
join:2011-01-24
Fort Erie, ON
kudos:4

You're operating under the false assertion that the only remedy available is what has been provided in an expressed warranty - an assertion that is incorrect. You may have sold appliances, but that doesn't mean you know anything about consumer protection.

As I said, I will give them every opportunity to provide a remedy. I am not unreasonable, and I don't even expect replacement value on the thing. If they don't do something, though, I am confident in the legal remedies available after the discussion I had with the tech. Something like this should never happen under any reasonable circumstances.



dirtyjeffer
Anons on ignore, but not due to fear.
Premium
join:2002-02-21
London, ON

said by Gone:

Something like this should never happen under any reasonable circumstances.

if they were that confident that the units would be trouble free for a very long time, the units would come with a 10 year warranty...or even a 5 year warranty...they don't...there's a reason for that.

if it makes you feel any better, i never got to use the 5 year warranty on my front load LG washer...it was $89...i did get to use warranties on other items i have purchased though.

in an event, i am curious to know about these implied "consumer protection" secret warranties you talk about...you are correct, i have never heard of them.
--
People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.

- George Orwell

PX Eliezer7
Premium
join:2008-08-09
Hutt River
kudos:13
Reviews:
·callwithus
·voip.ms

said by dirtyjeffer:

I am curious to know about these implied "consumer protection" secret warranties you talk about...you are correct, i have never heard of them.

Most Canadian provinces (including Ontario) have laws called "Sale of Goods Act" or similar, these laws recogmize the concept of implied guarantees of fitness.

For example:

Where the buyer buys the goods for a particular purpose, and the goods are of a type usually sold by the seller, there is a condition that the goods must be reasonably fit for the purpose for which they were sold

»www.ucalgary.ca/biztechlaw/node/203

I think that a waashing machine that goes Rambo in 16 months is not reasonably fit.

Likewise:

Consumer protection legislation also prevents the waiver of certain implied warranties and conditions awarded by provincial Sale of Goods Acts.

As an example, in Ontario, under the Sale of Goods Act, there are implied conditions in certain specific situations that goods will be of merchantable quality and fit for their intended purpose.

According to the CPA, these implied conditions cannot be waived by a consumer. Additionally, the supplier is deemed to warrant that any services supplied are of a reasonably acceptable quality.

»www.cbj.ca/legal/august_09_legal···x.1.html


digitalfutur
Sees More Than Shown
Premium
join:2000-07-15
BurlingtonON
kudos:2
reply to Gone

Be sure to do a cost-benefit analysis before going legal as you will not be awarded more than the replacement cost of the washer.

Small claims will cost you $500 minimum to file and enforce any judgement in your favour, as a large company is unlikely to offer anything more than a discount on a new machine bought from them, which will be far less than your loss. Getting a lawyer involved further reduces the benefit of pursuing the matter.

Absent a recall for this defect and/or the company willing to offer a goodwill adjustment, it's generally not cost-effective to take legal action on any loss of $1,000 or less.
--
Logic requires one to deal with decisions that one's ego will not permit.
All that is necessary for the triumph of evil is that good men do nothing - Edmund Burke.


PX Eliezer7
Premium
join:2008-08-09
Hutt River
kudos:13

I thought that in Ontario you could file a small claims complaint for $ 75.



Gone
Premium
join:2011-01-24
Fort Erie, ON
kudos:4

said by PX Eliezer7:

I thought that in Ontario you could file a small claims complaint for $ 75.

It is, and once I file I doubt it would get to a judgement as they'd most likely settle before it got to that point. I've done small claims in the past, you can do it for far less than $500. You just need to know what you're doing.

Small claims is an absolutely last resort, and so far my gut is telling me that we won't need to take the nuclear option.

peterboro
Avatars are for posers
Premium
join:2006-11-03
Peterborough, ON
reply to digitalfutur

said by digitalfutur:

Small claims will cost you $500 minimum to file and enforce any judgement in your favour, as a large company is unlikely to offer anything more than a discount on a new machine bought from them, which will be far less than your loss.

It's $275.00 and they will settle after the demand letter or statement of claim unless they are idiots as their lawyer will charge $275.00 for the first hour.