On July 7 we had a Sears Repair Service person to fix our washer, which was leaking. He fixed it, we paid $125 and all was well.
Until sometime in late July or August when it started leaking again. I called Sears and scheduled an appointment for 9/27, well within the 90 Warranty, which states (on the back of the receipt):
90 Day Service Guarantee
If, within 90 days from the date of repair, your merchandise fails to operate for reasons related to the original complaint or repair service, we will replace any parts that failed due to defects in material or workmanship and perform any labor related tot he original complaint or repair service free of charge. If the service performed was Preventative Maintenance (PM) and a repair on your merchandise is scheduled within 90 days of the PM, we will apply half of the amount paid for the PM to the subsequent repair.
The Sears Repair Service Person did not show on 9/27, though Sears has record of that appointment in their files. He just couldn't get to me that day. So, ultimately, a Sears Repair Service Person was scheduled and showed up on 11/1 to diagnose the problem- a broken gear case. ( A broken gear case has symptoms of water coming out the top on the washer basket then overflowing and draining out the bottom. It doesn't happen every time, but will with heavy or overfull loads). The Sears Repair Service Person charged $75, and when I mentioned the warranty, he politely explained that the $75 was a discount because I had just had someone out. So, foolishly, I paid him and even more foolishly, I did it with a check. I almost always use a credit card.
When I called the Customer Relations department on 11/16, I explained my situation to Pat, # 25028, he could offer a $40 gift card. On principle Sears should refund my money so they can live up to the "free of charge" part of the 90 day warranty. I pointed to the appointment I had scheduled on 9/27 - for which the Service Repair Person did not show - as my proof that the problem had recurred within the 90 days. He said he can't refund my money and that a manager would call me within 2-24 hours. On 11/18, after no phone call, I called back and spoke with June, #71039, who noted there was nothing about this on my account and ultimately I got the same offer: a $40 gift card. She would not create a case number and would not refer it on to her manager. She merely suggested that I write the company.
My position is that I made a good faith attempt to have the washer repaired within the 90 days. I don't see how I can recoup my costs so I would like to take them to small claims court for cost plus fees, again on principle. I know that will take a lot of time and work to file everything, but there is a principle here of promising and not delivering.
What are your thoughts?