Larry
Tucson,#2Consumer Comment
Wed, August 24, 2005
Robert, You have confused the warranty you offer on parts and labor with a service plan. Sean, a Sears supporter, stated that Angie and her husband had purchased not only a lawn mower but also a service plan. Sean implied that Angie was seeking service on the lawn mower under the service plan, rather than the warranty. Sean accused Angie of defrauding Sears, reasoning that the service plan did not apply to commercial users and that Sears was therefore the victim of fraud because Angie's husband uses the lawn mower in his lawn service business. I would love to know under what theory of law a party can sell a service contract, then claim the buyer is ineligible, refuse to perform the work, keep the buyer's money, and finally accuse the buyer of fraud. A service contract is an agreement to perform work in the future. If Sears wishes to assert that Angie's husband is not eligible due to his commercial use of the lawn mower (and we should note that only Sean, not Sears, raised this issue), then Sears' remedy is to refund the unused balance of the contract.
Robert
Jacksonville,#3Consumer Comment
Tue, August 23, 2005
I offer a lifetime warranty on my mufflers and brakes...for NON-commercial use vehicles. If a customer decides they want to use their vehicle for commercial use AFTER I have installed something, they are not going to continue to have the same warranty. They have voided that themselves. Why should Sears refund anything after the fact?
Larry
Tucson,#4Consumer Comment
Tue, August 23, 2005
So if the service plan does not cover commercial use why doesn't Sear's refund the money? Who's defrauding who? Sears took the money and is not doing the work. If the equipment is covered then Sears ought to show up. If it's not covered, then Sears should send Angie a refund.
Sean
JARRETTSVILLE,#5UPDATE Employee
Tue, August 23, 2005
You said you or your husband purchased a mower from Sears with the service plan. You said Sears wouldn't service it. This sounds bad the way you said it, but YOU are wrong. You said your husband was using the mower for his business. It clearly states in the service plan contract that Sears will not cover any mower used for a lawn service business. It only covers consumer use, not commercial. So lady before you point a finger, find a mirror sweetheart.