This regards a parts warranty on an ac unit. We had a problem and the company told us we were covered on parts with a 10 year warranty. They replaced a part, charged us for labor, then sold us a service contract "to make sure the warranty stays in place." Total was $495. The problem continued, but on the return trip the following week they charged me $777 for a different part, stating they were in error about their warranty. Since we had already paid for the labor, we felt we had no other option. I paid for the part, but under protest. This isn't just he said/she said - they admit to telling us we were covered, then telling us later we were not. Should I consider legal action, or are verbal statements of zero value even when the company admits to making them?
If they sold you a service contract there is a written agreement, demand a copy. If there is a parts warranty on your ac unit it also is in writing, demand a copy. The parts warranty with your ac unit probably was delivered at the time the unit was installed. However, warranties are very specific to their terms and usually verbal statements about what is or is not covered are not sufficient to overcome what is in the warranty. It would be a very unusual circumstance to have a verbal warranty with no writing.
This information is provided for general informational purposes and is not intended as legal advice. An attorney licensed in your jurisdiction can answer questions specific to your specific fact situation and provide you appropriate advice as necessary based on the specific facts of your matter and the jurisdiction in which you reside. If you are in Arizona and interested in discussing your matter further I can be reached at: (480) 838-9000 Mark D. Fullerton, P.C. 1839 S. Alma School Road, Suite 275 Mesa, Arizona 85210
Sounds like there IS a written warranty to look to somewhere?
That will tell the story.
There are a few excellent consumer advocates in AZ. Find a good one like Hyung Choi who is well versed in this area of law, here: