Articles Tagged with Breach of Warranty

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Trim boards can be great, particularly on the outside of a home.  They add detail and elegance at a relatively low cost.  Homes throughout the country sport them, but that also means that trim board often is exposed to heavy rain, snow, wind and sunlight, all of which can cause wood to rot, decay, swell and, ultimately, develop mold.  Once rot sets in, you can almost push your finger through the board, which has probably become as soft as a wet sponge to the touch.  And rotting trim boards will do little to improve your home’s look or value.

Trim board manufactured by WindsorOne appears to be a prime culprit.  Homeowners have reported that WindsorOne begins to warp, swell and rot shortly after installation and within the warranty period:

Windsor Mill guarantees WindsorONE’s end and edge-gluing for 10 years and its primer for 5 years. Windsor Mill will replace, without charge, any WindsorONE product that is installed according to directions and fails to meet this warranty within that time. Such replacement is the exclusive remedy for breach of warranty with no consequential or other damages recoverable. Continue reading

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Relaxer products are notorious for containing lye – a caustic ingredient that can burn skin and damage hair.  So hundreds of thousands of consumers took the bait when L’Oréal introduced its “NO-LYE” product known as SoftSheen-Carson Optimum Amla Legend No-Mix, No-Lye Relaxer.

L’Oréal’s relaxer is prominently labeled “NO-LYE” to target consumers seeking a gentler alternative.  The Amla Legend line is promoted as a collection of nourishing products infused with Amla oil, a luxurious oil “derived from the Indian Amla superfruit known as the Gooseberry, a powerful antioxidant rich in vitamins, essential fatty acids and minerals.”  L’Oréal markets the Amla Legend relaxer as a “Rejuvenating Ritual” which will provide “fuller, silkier hair” and “respect for hair fiber integrity.”

Large numbers of women big to differ.  Dissatisfied customers from around the country have posted their grievances online.  For example, when we at the Blog last checked, more than 70% of reviewers at Amazon.com gave L’Oréal’s Amla Legend relaxer the lowest possible rating of one star.  Comments included:   Continue reading

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For many consumers, warranty coverage is one of their primary concerns when spending thousands of dollars on a new mattress. Due to the expense involved—memory foam mattresses cost upwards of $5,000, and even traditional pillow-top mattresses retail for over $1,000—consumers want to know that they can depend on the manufacturer to repair or replace a mattress under warranty for years following purchase. Tempur-pedic and Sleep Number offer twenty-five-year warranties to entice consumers to purchase their products. Serta and Simmons—both of which are owned by the National Bedding Company—also offer long warranties ranging anywhere from 3 to 30 years and include no charge for replacements within the first 10 or so years of ownership.  These long-term warranties should give consumers as much comfort as the mattresses themselves!

Consumers report in droves, however, that Simmons and Serta routinely deny warranty coverage due to the presence of any stain, no matter how small or harmless, on a defective mattress. Don’t believe us? Just listen to some of the incredible stories from affected consumers (postings from www.consumeraffairs.com):

  • After owning a Serta “Beautyrest World Class Recharge Shakespeare Luxury Plush Pillow top Mattress” for about two years, and paying over $2000, the mattress was sagging. So I called Serta, and they send you a “sleep set inspection kit” where you have run a string across the dips in the mattress and take photos from different angles. After doing all this they agreed to replace the mattress. When their team arrived they said that they couldn’t take the mattress because of a small stain!! I called Serta, and was told that the stain voided the warranty because it wasn’t sanitary for their inspection team to open the mattress up and see where the mattress failed. The product was an inferior product with a huge manufacturers defect, and because of a small stain (barley visible) which had nothing to do with the sagging, was a loophole they used to void the warranty. I WILL NEVER BUY ANOTHER SERTA PRODUCT BECAUSE THEY DON’T STAND BEHIND IT!!!
  • We purchased this mattress between 2 and 3 years ago. It has not held up. There are sags and dips plus a back ache to people sleeping on it. It should be covered by a warranty issue except a small stain gets the Beautyrest folks off the hook. Never, never, would I buy from this manufacturer again. This was in our bedroom and we moved it to a guest room buying a replacement. Please note the Beautyrest replaced a mattress which had been in our room over 25 years. Since putting it in the guest room, two different guests mentioned waking up with a back ache. There are other options… Select one.

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As we’ve repeatedly covered here on the blog, so called “miracle products” that sound too good to be true—like the X Hose, DeckOver and Grassology—usually promise far more than they actually deliver. Consumers instead tend to wind up with fragile products that break far sooner than expected or simply can’t perform as promised. But miracle products only find their way onto the blog because the target market wants to believe the products work and buys them…… and there is no group that needs and wants miracle products more than new and expecting parents….

Enter the Baby Brezza Formula Pro. The Baby Brezza Formula Pro promises customers hassle-free, warm bottles at any time of day or night. But don’t listen to me, hear it from the makers of the Baby Brezza Formula Pro themselves:

Say goodbye to the time and hassle of manually preparing baby’s bottles. Introducing Formula Pro, the revolutionary new way of preparing your baby’s formula bottles. The Formula Pro uses patented technology to measure, dispense and mix water and powdered formula to the perfect temperature and consistency. With the push of a button, you can prepare a bottle within seconds that has no air bubbles. The water and formula powder are stored right in the machine, so it’s always ready for you when your baby gets hungry. The machine works with all bottle sizes and all formula brands and types. You can also choose the amount of formula you want to make: 2, 4, 6, 8 or 10 ounces. The easiest way to prepare baby’s bottles is now right at your fingertips.
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Dishwashers are EXPENSIVE. Like, really expensive. High-end dishwashers can retail for upwards of $2,000. And LG-brand dishwashers, though not at the top of the price heap, will still set you back a cool $1,000 after taxes and fees. But that’s really a small price to pay for the comfort of not having to hand-wash your dishes, isn’t it? But, wait … what if you spent $1,000 on an LG Dishwasher only to learn that it would stop working in a few years … would you change your view on LG Dishwashers if you knew customers complain they will stop working well because they suffer from a defect that within two years would require repairs so expensive that you would be better off simply buying a new dishwasher?

If you’re like many other LG Dishwasher owners, you’ve probably learned this hard truth by now. According to consumer complaints, the pump motor assembly used in LG Dishwashers is defectively designed. Pump motors are critical dishwasher components, including in dishwashers sold under the LG brand name. As the folks at RepairClinic.com explain:

If the dishwasher won’t clean the dishes the pump and motor assembly might be defective. Once the dishwasher fills with water, the pump forces the water through the wash arms in order to spray the dishes. If the motor is defective, the pump impeller is broken, or some part of the pump is clogged, the dishes won’t be clean. If the pump and motor has power to it and will not run it will need to be replaced.

In simplest terms, customers complain that if your LG Dishwasher seems not to be cleaning well, it may be in the early stages failure of pump motor failure.  As the the LG Dishwasher’s pump motor worsens, you may receive an “LE” error code and the motor will stop working completely and leave you scrambling to get it fixed before you have to go back to using your hands. Continue reading

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Summertime is here, and there are few things better than sitting outside and sipping lemonade on your luscious green lawn. What’s that? Your lawn has patches? And dead spots? And is looking a bit brown? Oh …. Well, I bet you really want to find a way to get save those dead spots by quickly growing some new green grass. Wouldn’t it be nice if the grass were durable and maintenance free, too? Yeah, that would be pretty great. And if you were to hear it from Telebrands, purveyors of all manner of “As Seen on TV” products, miracle grass DOES exist: Grassology.

According to the Grassology website, Grassology is a “patent pending” proprietary mix of dwarf grass that will grow anywhere. Grassology claims that because its product grows shorter and more slowly than typical grass, “Grassology gives you a gorgeous lawn that’s virtually maintenance-free.” And because its roots grow four times longer than average, Grassology also does not need to be watered as often. The makers of Grassology also claim it’s just as easy to plant. “You can use it to fix bad spots, or you can sprinkle it over your entire lawn. And before you know it, you’ll have barefoot soft grass that naturally resists disease, resists insects, and even resists weeds!

Well, like almost every product that sounds too good to be true, consumer complaints suggest that Grassology simply does not grow, does not save your lawn and does not work as advertised.  Simply put, consumer complaints make Grassology sounds like another telemarketing ripoff scam.

http://myfox8.com/2014/06/17/grassology-put-to-the-deal-or-dud-test/ Continue reading

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Visitors to the blog are well aware of our concern with (supposedly) durable acrylic deck stains marketed by Rust-Oleum, Olympic and Behr. The story goes that instead of having to re-stain your deck every year in order to preserve your wood, acrylic stains – or “resurfacers” as they are sometimes called – provide long-lasting protection that leaves your deck looking brand new for years to come. In other words, acrylic stains are a miracle product! They may cost a bit more than traditional stains, but manufacturers swear (!!) the added cost is more than offset by the products’ longevity and low-maintenance requirements.

Unfortunately, just like the other big boys, Benjamin Moore’s Arborcoat Deck and Siding Stain may not live up to its promises. Benjamin Moore assures customers that its acrylic stains, which retail for over $60-per-gallon, are:

  • Ideal for pressure-treated lumber, cedar and redwood
  • Excellent color retention and durability
  • Creates a smooth finish
  • Self-priming on most surfaces
  • Premium-quality product with excellent resistance to blistering and peeling
  • Unsurpassed resistance to mildew growth on the stain film
  • Easy application with soap-and-water cleanup

And many customers reportedly are satisfied with Arborcoat shortly after application. Like many other acrylic stains on the market, Arborcoat supposedly goes on smooth and leaves a beautiful finish … but many customers report dissatisfaction as the seasons pass…… Continue reading

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Staining your deck is a tough task. As anyone who’s done it knows (this author included), staining is time-consuming, expensive and difficult. You have to wash and clean your deck, make sure the weather will hold for days, and then carefully stain your deck using a combination of rollers and brushes (don’t miss those spaces between the boards!). And after all that time and expense …. You get to do it all over again the next year. Hooray for staining! But according to Behr – maker of those same stains you love to hate – there’s a solution: Behr Premium DeckOver®.

Behr claims that Premium DeckOver® and its“100% acrylic formula conceals cracks and splinters up to 1/4″, and creates a smooth, slip-resistant finish that also resists cracking and peeling. It’s available in 54 solid custom colors, and is also great for decks, railings, patios, composite decks, pool decks and walkways.” So instead of having to re-stain your deck every year in order to preserve that lustrous finish, Behr DeckOver provides a long-lasting coating that should leave your deck looking brand new for years to come. Home Depot, Behr’s preferred distributor and the lone Big Box retailer to carry DeckOver®, also claims that DeckOver® “[r]esists cracking & peeling and conceals splinters & cracks up to 1/4 in … [and] Provides a durable, mildew resistant finish.” Between Behr and Home Depot, consumer likely think DeckOver® is a miracle product.

But according to homeowners from across the country, DeckOver® is not all it’s “cracked” up to be. Homeowners from all sorts of climates and places are reporting that Behr Premium DeckOver® is prone to bubbling, peeling, cracking and molding only months after application. The problem seems to lie in the product’s chemical composition. DeckOver® simply will not adhere correctly, and as a result air and moisture become trapped beneath the surface and it result in cracking and peeling that spell disaster for your deck. Moreover, consumers are reporting that Behr will only agree to refund their purchase while making no effort to reimburse consumers for the time and energy they likely expended to stain their deck (not to mention the time and money needed to remove DeckOver® and apply a new stain).  Here’s one angry consumer discussing exactly how his product failed:

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UPDATE

On July 15, 2016, the Firm filed an amended class action complaint concerning the alleged defect in 2010-15 Mazda 3 clutch assemblies.  The case currently is proceeding in the United States District Court for the Northern District of California, Oakland Division.  We will update this blog post as the case proceeds.

Zoom-Zoom. If you’re a Mazda owner, you’ve probably seen the commercials. They’re everywhere. They’re filled with lively music and images of drivers coasting along highways in their sporty, fun and fast Mazda cars. Chances are they were on your mind when you purchased your Mazda3. And they definitely were when you guided the vehicle onto the road for your first joy ride.

Then your Mazda3’s clutch starts to experience problems like slipping, requiring a little more effort every time you shifted gears. Finally, your Mazda3’s clutch stops working all together. You head in to the nearest dealership, warranty in hand because your Mazda3 is covered by a three-year/36,000 mile warranty, and confident that your Mazda dealer will replace the clutch. After all – your warranty is still in effect. Then reality sets in. Mazda will not cover clutch replacement. The Mazda dealer tells you that your clutch failed and needs to be replaced BECAUSE OF YOU. You “Zoomed-Zoomed” too much, driver error. “But wait,” you say, “I know how to drive a manual car and have never had problems with any other clutch.” Sorry, you’re told, it’s wear and tear, and it’ll be $1200 to replace the clutch so you can get back to zoom-zooming. The bad news? You probably had to pay it. The good news? You’re not alone.

Second generation (2009-2013) Mazda3 owners need to know that premature clutch failure is a common problem well-known to Mazda, and Mazda should be forced to honor its warranty and replace the clutch at no cost to you. Ever since the second generation Mazda3 debuted during the 2009 model year, owners have complained of premature clutch failure, in some cases in as few as 12,000 miles. And the problem only worsened after the release of the 2010 Mazda3. Continue reading

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We here at the blog have spent a lot of time recently on water heaters, a major purchase that can leave consumers with a serious headache. But there is one thing far worse than a non-working water heater – a water heater that leaks, puddles and floods. In fact, any water leak, whether from a toilet, dishwasher or sink, is a homeowner’s worst nightmare – whether a small leak that goes unnoticed or a major component failure that causes thousands of dollars in damage to your floors, walls and carpets, water damage is a scary thing. But the culprit may not be your water heater, dishwasher or washing machine. The problem may be a simple piece that often goes unnoticed – defective braided stainless steel water supply connectors manufactured by Watts. According to various internet complaints, Watts supply lines suffer from a hidden problem that causes them to leak and, on occasion, burst, potentially causing thousands of dollars of damage in the process.

Water supply connectors are an important part of any home appliance that depends on water – water heaters, dishwashers, faucets, toilets, refrigerators, ice makers and washing machines all use them. Water supply connectors help get water from your home’s water lines to the appliance, hopefully without leaking in the process. More expensive than traditional copper connectors, braided stainless steel supply connectors like those offered by Watts are still expected to offer the same functionality and reliability in a more flexible product that fits easily into any space. Watts braided stainless steel water supply connectors are made from an extruded core of PVC tubing. The core is then over-braided with polyester yarn and another layer of PVC material, and a final layer of stainless steel braiding covers the entire product to provide a finished look and, supposedly, protection against leaks. The supply lines connect to the appliances using fittings attached to the ends of the lines.

Although Watts touts their products’ reliability and “protection from vibration and bursting under extreme pressure surges,” research indicates that their stainless steel water supply line connectors suffer from a variety of issues. Some users believe that the inner lining is not well-manufactured and can harden, crack and deteriorate as it’s exposed to your home’s water. As the internal PVC tubing hardens, it begins to crack and water begins to seep out through the braided stainless steel exterior. Water heater supply connectors are particularly susceptible to these problems – the interior lining seems unable to handle the intense temperatures, causing the lining to fail and water to leak from around the connectors.

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When Watts supply connectors fail just behind the fitting have witnessed Watts braided stainless steel connectors fail just behind the fitting, a failure that allows large quantities of water to leak at a much faster clip and causes even greater damage to your home.

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Supply connectors may be inexpensive relative to the cost of your appliance, but a failed connector may cost you thousands of dollars in damage all the same. Continue reading