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    melody301's Avatar
    melody301 Posts: 4, Reputation: 1
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    #1

    Oct 18, 2017, 10:02 AM
    Can I take Sears to Small Claims for the following
    On August 22, 2017 a Craftsman riding lawn mower that I purchased at Sears for $2,300 was delivered to my home. On September 18, 2017 I attempted to run the mower but couldn't get the cutting blades to turn run while the drive mode was engaged. I called Sears customer service that day to explain to them the problem I was having with the mower. The representative advised us that a technician be sent out to look at the mower and that the soonest date available was Friday, October 6, 2017. The technician arrived that day and discovered that the mower needed "major repair" which he indicated on his repair ticket. I called Sears customer service on Monday, October 8th requesting that they replace the mower. They stated that because it was passed the 30 day window, they would only repair it and that if after 7 repair attempts it couldn't be fixed, only then would they replace it. I was not satisfied with the resolution because I called within 30 days to inform them that something was wrong with the mower and it was Sears, not me, that wouldn't send a tech out until Oct. 6th. I feel like the moment I called on Sept. 18th, was the moment I began the refund/exchange process and yet I believed they deliberately postponed the technician date passed the 30 day window so that they would not have to replace the unit. We were not informed that we could replace the mower when we called on Sept. 18. The only option we were given was to have a tech look at it. Is this worth it to go to small claims?
    talaniman's Avatar
    talaniman Posts: 54,052, Reputation: 10852
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    #2

    Oct 18, 2017, 10:13 AM
    Read your sales agreement and you may find that arbitration is your next step in this process before you go to court, if you have a dispute, or otherwise unsatisfied. If that is so, then any court proceeding would be dismissed.

    Please let us know if indeed this is written into the signed contract or part of the warranty.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #3

    Oct 18, 2017, 11:24 AM
    You haven't told us what the warranty period is!
    Are you saying it's one year, with a 30 day window to tell them?

    As for Small Claims, of course. Anyone can sue anyone. That's what I would do IF you read your contract carefully and there weren't contingencies.

    [Oh sorry, my response doesn't make much sense. I thought you had written purchased Aug 2016.]
    melody301's Avatar
    melody301 Posts: 4, Reputation: 1
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    #4

    Oct 18, 2017, 11:31 AM
    They only allow 30 days for returns otherwise if there is a problem with the mower they will repair it if it's deemed repairable by the technician. They're telling me that because we didn't request for a return within the first 30 days, they will only repair the unit.

    We don't have an extended warranty. It's under a one year manufacturer warranty but they won't replace the unit they will only repair it. They're saying that because it's now 30 past the return date it can't be replaced although we called well within 30 days about the issue.
    Wondergirl's Avatar
    Wondergirl Posts: 37,833, Reputation: 5427
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    #5

    Oct 18, 2017, 11:38 AM
    Does Sears agree about the date you first made the request-for-service call?
    melody301's Avatar
    melody301 Posts: 4, Reputation: 1
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    #6

    Oct 18, 2017, 11:41 AM
    Yes, they fully acknowledge the date I made the first request. After the tech came and did his analysis of the problem, I called Sears stating I wanted to return the unit. That's when they said, "Oh you can't because it's now passed 30 days."
    talaniman's Avatar
    talaniman Posts: 54,052, Reputation: 10852
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    #7

    Oct 18, 2017, 11:48 AM
    It's under a one year manufacturer warranty
    Forget Sears, this is who you call.

    https://www.craftsman.com/customer-c...ty-information

    [Revised June 22, 2017
    We understand the Craftsman warranties are important to existing customers and intend to honor existing and offer similar warranties going forward. Craftsman branded products will continue to be covered under their existing warranties. In the immediate term, there are no changes to how you will get service regarding your warranty. For more information about this process, please call us at 888-331-4569.


    Customer Care

    At Craftsman we are here to help. If you do not find what you’re looking for on this page, please call our customer service team for prompt answers to your questions, 888-331-4569.
    Wondergirl's Avatar
    Wondergirl Posts: 37,833, Reputation: 5427
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    #8

    Oct 18, 2017, 11:53 AM
    I would definitely make noise about how Sears "stalled" and messed up the return policy. Like tal said, arbitration? Contact Sears higher-ups? ADDED: Ah, tal posted exactly whom to contact!
    melody301's Avatar
    melody301 Posts: 4, Reputation: 1
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    #9

    Oct 18, 2017, 11:57 AM
    That's exactly what I told them. That I think they deliberately pushed the repair date far out in order to not have to honor the return.
    Wondergirl's Avatar
    Wondergirl Posts: 37,833, Reputation: 5427
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    #10

    Oct 18, 2017, 12:07 PM
    Quote Originally Posted by melody301 View Post
    That's exactly what I told them. That I think they deliberately pushed the repair date far out in order to not have to honor the return.
    And they said....
    talaniman's Avatar
    talaniman Posts: 54,052, Reputation: 10852
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    #11

    Oct 18, 2017, 03:26 PM
    https://www.complaintsboard.com/sears-brands-b104097

    There is a place under the logo to submit complaints, and a couple of corporate contact numbers. Yes do complain at the service you received.
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #12

    Oct 18, 2017, 05:14 PM
    Sears has one foot in the grave, and is ready to fall in... sure you CAN sue, but even if you manage to win, good luck trying to collect. Get in line...

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