Contract No. 5816875 To Whom It May Concern. This letter is to terminate the above mentioned Contract for - Sears Windows

Posted on Friday, July 14th, 2006 at 12:00am CDT by 475cfce0

Company: Contract No. 5816875 To Whom It May Concern. This letter is to terminate the above mentioned Contract for

Category: Other

Sears Windows

July 13, 2006

Sears Windows June, 27th, 2006 Dallas TX I called Sears about windows, they sent a guy out and I ask him how much for 17 widows to be replaced. The price was for double ply was about $15,000. He stated for a little more I could get the 3 ply Weather-beater with a film in it. This was about $1000.00 per window. I told him I was worried about acts of God, Vandalism, or other stuff like transferable issues should I sell the house. He stated Sear’s windows are guaranteed for life on the premium windows and will transfer to new owners with out a problem. I stated to him, you mean if someone breaks the window trying to get in, Sear’s will replace it free? He said yes, Acts of God were also included. I decided to go with the premium 3 ply windows with Film. I would get the 9 now and more later. I just happen to mention this to someone who told me I should check the paper work because Sear’s people are not honest. I did and nothing I had mentioned anything about Warranty or Guarantee of the windows from vandalism, Acts of God etc. To my surprise I had nothing that showed anything accept the yellow copy showing the following; (Residential Limited Warranty – AUTHORIZED SERVICES WARRENTY: In Addition to any warranty extended to you on the product(s)used, should the workmanship (or application)of this service prove faulty within one year (WB Limited), two years (WB Plus), three years (WB Max, WB Max Security, WB Stormbeater), the Contractor will, upon notice from you, cause such faults to be corrected by repair at no additional cost to you. Service under this warranty is available by calling Sears Home Improvement Products at 1.800.222.5030, option 4. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.) I called the warranty dept. and I was bounced around from one person to another having to leave messages and wait for call backs. At some point I after about 2-3 days, I got through and spoke with someone in their installation dept in Irving Texas. He stated to me that there was no such thing as a warranty on windows that covered anything like acts of God, Vandalism etc. He went on to say that anyone stating such should be reported. I ask him for a copy for this warranty and he stated that you will get that as soon as the job has been done. He stated that this warranty comes from Sears and that he could not get it for me and that is not how it’s handled. I ask, I thought I was talking to Sears and that you were the Window Installations manager? He said I am but, I can’t get this for you unless you have the job done first. I called Mr. Smith the rep but, he was on vacation for the forth of July holiday, I left voice mail asking for a call back ASAP concerning this warranty. In the mean time I looked over the contract, I noticed the 3 day cancellation limit so; I canceled the order because I only went with the more expensive windows because of the life time warranty part. I wrote the following letter to sears and faxed it many times to make sure I was not stuck in what seemed to be a deceptive ordeal. July 1, 2006 Sears Home Improvement Products, Inc. P. O. Box 522290 Longwood, FL 32752-2290 Phone – 800-222-5030 – Option 1 – Ext. 5466 FAX – 407-767-0979 FAX – 407-767-9446 RE: Contract No. 5816875 To Whom It May Concern. This letter is to terminate the above mentioned Contract for Products and Services for Installation of Windows. We are terminating this contract for the following reason: I contacted Sears concerning some installation of windows; I was told they could have a sales person out at 2PM the next day, a representative did show up to meet us at noon. He did show us some windows and I did mention to him a couple of things that were of interest to me. One was a window that was hard to break in to; he mentioned that Sears had a window that was a 3 ply type that he felt would be a good product for that, I was very satisfied with what he showed me. Second thing was warranty and guarantee; I mentioned that I was concerned about the life of the product, and other things that could affect the life of the product, such as vandalism. Concerning the vandalism, I asked Mr. Smith is it true that if somebody comes and tries to break in the house, smashing half way through one of these windows, Sears will honor a guarantee or warranty to fix or replace the window. Mr. Smith did tell me that the windows are guaranteed for life; if someone vandalizes them Sears will come out and fix them for no charge. I looked over the paperwork but I didn’t see any breakdown on this type of warranty. I looked on line and I also made some calls on one of Sears 800 numbers nobody could tell me anything. I than began to research windows installed by Sears and pulled up several other customers who had purchased windows on a premium level because they understood they were receiving a lifetime warranty because the sales rep had told them so. They stated that they never received the actual guarantee/warranty until the work was done and that this coverage did not include things like vandalism but was limited to the installation and workmanship of the sub-contractor person or company who was in fact doing the job. I did call Mr. Smith and left him a voice mail concerning a copy of the warranty/ guarantee, however he his on vacation at present. Because I do not have this information clearly stated where I can see it and clearly stated before my eyes, and do to the fact that the new contract we did reset up stated that I only have 3 days to cancel, I must cancel this contract at this time. If there is a misunderstanding concerning some of the things I have mentioned here, I am open to discuss it further when Mr. Smith gets back from his vacation. Until then, please cancel this contract and all dealings concerning any money transactions. At this time, I do not want the product, we do not fully understand in writing what exactly I am getting concerning the guarantee and warranty. I am enclosing with this letter a copy of the final revised contract. Please call me ASAP with a confirmation that this transaction has been cancelled. SAM Statement continued; I researched the Internet looking for other Window stories about Sears and I found many complaints from Google, , , and others. I also noticed a link that took me to career builder and showed me an add that Sears cureently has running. They are looking for sub-contractors with a year or less employment to install Sear’s products’

ilkg&job_did=j8a27d5vjrx9r9zdh54&dv=dv&jrdid... Subcontractor Installation Professionals See all jobs at this company Save this Job | Email this job | Printer-Friendly Version Company: Sears Home Improvement Products Location: US-LA-New Orleans Base Pay: N/A Other Pay: High Earning potential Employee Type: Contractor Industry: Construction Consumer Products HVAC Manages Others: no Job Type: Construction Skilled Labor - Trades Req'd Education: None Req'd Experience: Less Than 1 Year Req'd Travel: Negligible Relocation Covered: No Contact: Not Available Phone: Not Available Email: Send Email Now Fax: Not Available Ref ID: Copy of hs 5453 DESCRIPTION Immediate Openings!!!!! Sears Home Improvement Products has immediate openings for Sub –contractors in our Cabinet Refacing, Kitchen Remodeling, HVAC, Siding, Windows, and Doors installation business. We offer: • High Earning Potential • Trip fees • Special Announced Bonuses • Installer Referral Bonuses • Job Referral Bonuses • Payment upon completion of project (not once a week like the industry standard). Act Today!! Click on Apply Online immediately to ensure an immediate start. REQUIREMENTS Requirements: Must have liability insurance, vehicle insurance, valid driver’s license, and tools of the trade. Must have own vehicle. -------------------------------------------------------------------------------- CareerBuilder Related Terms: remodeling, framing, construction, carpentry I did finally speak someone by the name of Robert O’Haver Special Projects Representative 1.800.222.5030 Ext. 5445. He called me to ask why I had canceled and at some point while speaking to him, the letter I sent was found. He stated that he was told for 7 years that the premium windows offered were with a life time replacement against Acts Of God, Vandalism etc. It’s now July 13th and I just now got the warrenty which states about the same stuff as the contract I signed. Read it for yourself. Here is the email I was sent from Rober O’Haver.

I am not sure I would ever trust or buy anything from Sear’s at this point. I may update further on this matter later. Thanks Sam.

Click this link to e-mail the message author: COMPLAINTS.COM_FORM_MAIL_54477#


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