[digitalplumber]

Two years ago, my mother in law had a complete American Pride Heat Pump system installed in her home. It was installed by a large HVAC company from San Antonio Texas, she lives in Victoria Texas. One of her sons got involved at the time and since he was paying for it, I stepped back. So the equipment choice was not mine.

Very clean and nice install, but the system has had some failure, total of 4 now, that has made the system in-operative. While not the installers fault, you cannot have a 94 year old living in an 85 degree home. The last repair today, while the motor was in warranty, cost her $300 for its labor replacement.

She is very bright and has all of her faculties and her husband owned his own commercial plumbing business, so she has a background in things getting built, fixed and or repaired and expectancy of life without repairs.

She herself is now using the word "lemon" and is upset about all of this simply because of the out of pocket costs every 6 months or so and the fact that it keeps breaking down. Her son contacted the installing company, and they say they can nor will do nothing about discussing this situation with their brand representative.

Its tough times right now for all, but more so for a fixed income 94 year old who will sit and think about this all day long!

So do any of you have any thoughts on how the son can escalate this, outside of the media, and get to some one with the authority to take a look at this and possibly authorize the replacement of the equipment?

Thoughts please!

Thanks!

 

[Bud9051]

I'm searching for Texas Implied warranties. Questions below while I search.

Was the Heat Pump purchased from the installer?
Do you/she have the paperwork on the heat pump with the stated warranty?
Is there an expressed warranty plus an implied warranty?
How long does the expressed warranty last?
Was there a contract agreement for the sale and installation?

Bud

 

[digitalplumber]

I'm searching for Texas Implied warranties. Questions below while I search.

Was the Heat Pump purchased from the installer?
Do you/she have the paperwork on the heat pump with the stated warranty?
Is there an expressed warranty plus an implied warranty?
How long does the expressed warranty last?
Was there a contract agreement for the sale and installation?

Bud

1.) Yes, they recommended and provided equipment.
2.) Son does, requesting that.

3.) Dont know.
4.) DOnt know if any exists, checking.
5.) Asking


Nor did they provide anything that stated "expect this to break down every 6 months!"


Thanks, all great question, I understand where you are going. In a sense, we are reaching out here and understand warranty is warranty, just looking for someone to look at this and possibly say that its failure rate is not right.

 

[Bud9051]

Here is a link for the "Magnuson-Moss Warranty Act" a fundamental part of warranty coverage.

https://www.riffelawfirm.com/information/magnuson-moss-warranty-act/

The Texas Attorney General would be the authority on warranty coverage.

I'm Maine we enjoy a very robust warranty coverage extending all implied warranties to 4 years unless allowed and stated otherwise. Basically only auto sales can exclude implied warranties here. Plus our state provides a simplified explanation of what is covered and for how long.

I haven't found a short explanation for Texas so might need to call the AGs office.

I did see this statement: "If the warrantor replaces a component part of a consumer product, such replacement shall include installing the part in the product without charge." And there are others you should familiarize yourself with.

Another group that may help would be through a senior support organization. Not sure what TX has.

Bud

 

[Bud9051]

Here is a link on Texas laws
https://guides.sll.texas.gov/warranty-law
And from a link from there is information on Implied warranties.
https://statutes.capitol.texas.gov/SOTWDocs/BC/htm/BC.2.htm#2.314
Go down to Sec. 2.314.

Bud

Have your son find the written warranty and look for a description something like this:
This warranty gives you specific legal rights, you may have other rights which vary from state to state.
Something like that language is required by federal law.

 

[digitalplumber]

American Pride is Amana which is Goodman, correct?

 

[dj3]

Amana is Whirlpool.
A word about today's A/C-Heating Systems: They are overburdened by parts, most of which are imported, so they are designed to fail.
I just replaced a circuit board on a 6 year old furnace last week. C'est la vie.

 

[digitalplumber]

Bud and DJ, thanks! My effort has gotten some good info from both of you and a lot of looks. We had hoped to maybe make contact with the manufacture thru info received or get some food for thought on how the pros handle problematic equipment for themselves and their customers.


We are just going to turn it over to an attorney who specializes in this area. Yes we know, but its our only option at this point.


Again, thanks!

 

[Bud9051]

The lawyer will gather up whatever your mother has for a paper trail and since he works in this area s/he will know what laws apply and what buttons to push.

I'm fortunate that Maine is very active in supporting consumers and has very strong Implied warranty protection. What I couldn't find was a simplified explanation, but it looked like TX was referencing the same federal requirements. If you are curious I can point you to Maine's simplified explanation, probably not the same as TX but it does highlight what the gov wants.

Let us know if she gets any action, I hate it when seniors are taken advantage of. Good stories with good solutions just not enough space here.

Bud

 

[digitalplumber]

The lawyer will gather up whatever your mother has for a paper trail and since he works in this area s/he will know what laws apply and what buttons to push.

I'm fortunate that Maine is very active in supporting consumers and has very strong Implied warranty protection. What I couldn't find was a simplified explanation, but it looked like TX was referencing the same federal requirements. If you are curious I can point you to Maine's simplified explanation, probably not the same as TX but it does highlight what the gov wants.

Let us know if she gets any action, I hate it when seniors are taken advantage of. Good stories with good solutions just not enough space here.

Bud

Thanks, maybe in these times, a local TV advocate mite enjoy a story like this!

 

[pwcopy]

Amana is Whirlpool.
A word about today's A/C-Heating Systems: They are overburdened by parts, most of which are imported, so they are designed to fail.
I just replaced a circuit board on a 6 year old furnace last week. C'est la vie.

Amana appliances are Maytag (Whirlpool). Amana HVAC is Goodman.

In 1997, Goodman acquired Raytheon Appliances, the predecessor of Amana Corporation, a manufacturer of appliances and HVAC units. https://www.nytimes.com/1997/07/15/business/sale-to-remove-raytheon-from-consumer-appliances.html

In 2001, Goodman separated its appliances business from its HVAC business and would sell the appliances business to Maytag Corporation.
https://www.nytimes.com/2001/07/14/...-gets-approval-to-purchase-amana-a-rival.html

 

[dj3]

pwcopy,
Good to know.

 

[digitalplumber]

Using some of the info and verbiage from above, Bud's links, my brother in law crafted a complaint to the BBB and also submitted it to the company who did the installing, via their website.


He heard quickly from someone in management. Their initial take is that they agree with us and are looking into this.



Fingers crossed, we may not have to put grandma outside of the Alamo with a sign!


I will let you guys know the outcome.



Thanks!

 

[digitalplumber]

No news yet, the company per their request, has been forwarded receipts for work and issues.


For me, I hear here a lot, its not the brand but the install. The install was first class, the equipment has been poor. But I guess there are exceptions.


More when I know!

 

[digitalplumber]

Nothing new yet, still being stoned walled by the manager, who pledged that we would work it out! The family is getting close to moving on, to phase two of course! Which the contractor will not like!

 

[digitalplumber]

So on Monday, the installing company rep got back to the son and said: "nothing we can do, normal wear and tear!"


Phase 2 now in motion!


My brother in law was optimistic because the guy had initially aid they would work it out, I told him not to hold his breath!

 

[Bud9051]

Long distance 3rd party help is difficult, but I'm seeing 10 year warranty on parts AND labor. Do you have the warranty statement for her heat pump? Here is what I'm looking at:
https://www.fairviewair.com/products/american-pride-series-equipment/

Bud

 

[digitalplumber]

Long distance 3rd party help is difficult, but I'm seeing 10 year warranty on parts AND labor. Do you have the warranty statement for her heat pump? Here is what I'm looking at:
https://www.fairviewair.com/products/american-pride-series-equipment/

Bud

Will ask brother in law but I saw this on the page you referred to:


Note: These warranties only apply to our American Pride Series units installed by us and not to any other brand.

 

[Bud9051]

Note it says "other brands". That is why you need to see or find on the internet the specific wording for her machine.

Note, few if any installation companies are willing or allowed to offer more coverage than what the mfg offers. Reason is mfg doesn't want to be on the hook for promises they did not make. I suspect the 10 year parts and labor is a mfg coverage.

In any case see what you can find and also determine if the mfg has a "consumer relations" department. It is their brand name on the line and often they will override disclaimers by representative companies. They have the leverage over the installers.

Bud