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We have completed the investigation of Ms. Graham's complaint regarding her disappointment that the icemaker in her refrigerator has failed after two and a half years and her allegation that plastic chips flaking off the unit are a health hazard.

We would first like to address Ms. Graham's dissatisfaction that her refrigerator failed to meet her expectations. While Ms. Graham feels that this is an indication that her refrigerator is defective and she should receive special consideration outside the parameters of her warranty, she should bear in mind that there is always a chance, however miniscule, for a product to fail. This is true with anything mechanical. Sears' goal is to provide quality merchandise to our customers and we are always concerned when something purchased from us fails. The manufacturer of Ms. Graham's refrigerator warranted general parts and labor, which would include the icemaker, for one year. This means that Ms. Graham was only entitled to warranty coverage through April 10, 2005, for any failures or manufacturing defects. After that time, regardless of what caused the failure, it would not be covered unless it was part of the sealed system (i.e.: the compressor) which has a five year exceptional parts warranty. Most manufacturers and retailers are unable to offer much in the way of courtesy exceptions to their stated warranties any longer, after years of having these courtesies abused. This industry wide lack of coverage after one year is one of the main reasons we offer all of our customers the opportunity to purchase our Protection Agreements. We realize that not all consumers choose to go this route; however, we feel it is akin to purchasing insurance coverage on a car. If the coverage is not purchased then the consumer is then responsible for the consequences of his or her decision. Likewise, we are unable to provide the benefits of an extended warranty when this service was not purchased. This means that while we apologize to Ms. Graham for the failure of her icemaker, we are unable to repair it at no charge or offer her a refund or replacement.

Second, regarding the chipping on the coating of the icemaker, and the service call on the refrigerator, it was our technician's determination that this wear was due to hard water. Since the water is particularly hard in this area, this was something that the technician was familiar with and it is common on many make and models of refrigerators that are exposed to this water regardless of the company who manufactures or sells them. If Ms. Graham is concerned about any possible health ramifications, then we would recommend that she have the icemaker replaced any time she observes this type of wear. On a side note to this, Ms. Graham did schedule the aforementioned service call on the understanding that she would, at a minimum, be responsible for paying a trip charge even if she did not choose to proceed with service. Unfortunately, Ms. Graham refused to honor this commitment and our records indicate that she is still responsible for the $70.12 she was obligated to pay. It is our understanding that this amount has been forwarded to our collection department so they can pursue their efforts to secure this legally binding amount.

Finally, we would like to note that the same day that Ms. Graham had service, she was put in contact with our specialized resolution group, One Source. As a one-time customer courtesy, One Source offered to waive the labor charges to complete the repair in question. This means that Ms. Graham would only have been responsible for any part charges, which should have been minimal, and the trip charge that she should have already paid. If Ms. Graham would like to rectify her previous action, and pay the diagnostic fee, we would then be willing to honor One Source's offer and waive the labor for the repair. To accept this offer under the aforementioned conditions, Ms. Graham would just need to contact me at 800-762-3049, extension 16358. In the interim, since an equitable resolution has been proposed, we ask to have this matter closed.

We apologize to Ms. Graham and appreciate the opportunity to address this matter. Please feel free to contact me if you have any further questions or concerns.

Sincerely,
Dana Shoulders
Sears Special Handling Team
800-762-3049 XT 16358