Sears Air Conditioner

My husband and I have been trying to get Sears to take out the A/C unit they sold us in May 2005. Our troubles began at the start. The Sears representative D. Hershman assured us we were buying a Kenmore unit and that it was quiet (the outside unit sits directly outside our bedroom window). We were charged for a new pad (which was never installed) and have been told that perhaps a new pad would level the unit correctly and resolve some of the noise issue versus the "levelers" Air Flow, the Sears contractor, has given us to do the job. When we asked for a detailed bill we were told we were quoted the full job and a detailed bill could not be given. We were also told that the pad payment is standard. All new buyers pay for a pad whether one is installed or not. The day the outside unit was installed I saw the name TempStar on the unit and asked why we were getting a TempStar when we paid for a Kenmore. The Air Flow installer said, "Oh we probably just haven't put the label on yet." I did not understand what he meant yet, by the time he left there was a Kenmore label on our unit. I felt swindled. I called and left messages numerous times and no one called back. Through the internet I figured out that TempStar makes units for Kenmore...Why no one at Sears bothered to call me back and simply clarify is beyond me. When I finally spoke with the regional manager, I was told what I found out and refused the detailed bill. I had a sour taste by now. We requested a service call for the system not always coming on and the noise. We resolved the system issue due to the thermostat yet, the noise continues. The non-response by Sears continues. Air Flow's owner finally came to the home, unannounced in the dark at 7pm one night. He pushed the unit around and got the unit to make even more noise. He agreed it wasn't level. I told him we were so fed up with Sears customer service and sales practices that we wanted our money back and the unit taken out. He did, like his serviceman before him, say that a new pad might help the noise. Another company's representative has suggested that for the money we spent $4,175, we should have gotten a unit with a higher SEER rating than 12. It would have been quieter and more efficient. The regional manager sent our request for removal of the unit to one person who sent it to another person who finally told us our file was in the legal department at Sears. We eventually got a certified letter stating Sears would not do anything for us and our file was being closed. We are now moving to small claims court. Has anyone had success? If so, please post information on your case.

Thank you.

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