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Thread: Kenmore Range/Anti-tip Bracket
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10-12-2009, 08:50 AM #1
Kenmore Range/Anti-tip Bracket
Hello. I am a homeowner and have really enjoyed reading this great forum and running around my house checking for (the obvious) code violations based on your tips to each other. I had an inspection when we bought the house of course, but this issue has come about since then.
I had a Kenmore freestanding range installed by Sears back in July. I was not home at the time of installation (but my wife was). After reading through this forum, I went to look for the anti-tip bracket on the range. Low and behold, not present.
There is a rather large warning on the back of the range that the anti-tip brackets must be installed, and it is one of the first steps in the installation guide.
I called Sears up, thinking they would jump right on this considering the lawsuit they just recently settled regarding this very problem. No dice. They said there is a 30 day warranty with regard to installation. They will not come back.
After much insisting on my part of their obligation to rectify this, she stated if I am suggesting that they presented a hazard by improperly installed the range, they will have to arrange send a special tech out from corporate to assess the situation and then make a judgment. Then later (depending on the tech's judgment call) they would send an installer back to fix it the problem.
My question:
I can install these anti-tip brackets myself easily (would be even easier if they had left them for me - which they didn't). I just think that Sears should be made aware that their installers are still making this blatant mistake.
Any suggestions?
Similar Threads:
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10-12-2009, 09:17 AM #2
Re: Kenmore Range/Anti-tip Bracket
Typical customer service representative trained not to admit any fault or promise anything. Call back and insist on talking to their supervisor and keep going up the food chain until you find someone with a brain that is capable of taking action.
This is totally ridiculous and should be brought to the attention of the president of the company. Someone needs to be fired in order to get the attention of the rest of the company.
But yes you can install the bracket easily. The hardest part is moving the range.
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10-12-2009, 09:25 AM #3
Re: Kenmore Range/Anti-tip Bracket
That is your evidence that there is a hazard.
After much insisting on my part of their obligation to rectify this, she stated if I am suggesting that they presented a hazard by improperly installed the range, they will have to arrange send a special tech out from corporate to assess the situation and then make a judgment. Then later (depending on the tech's judgment call) they would send an installer back to fix it the problem.
My question:
I can install these anti-tip brackets myself easily (would be even easier if they had left them for me - which they didn't). I just think that Sears should be made aware that their installers are still making this blatant mistake.
Make the call.
The next call to make is to defective product attorney ... ... and initiate a class action lawsuit against Sears for this.
That will not cost you anything, and, granted, you will not get much either, other than the satisfaction of knowing that Sears will make it a point to make sure their installers install those brackets from the lawsuit time onward.
This is the kind of stuff class action lawsuits are for - when it is not worth your time, but, classing many others together in the same class makes it worth the attorney's time, and mainly ... gets the manufacturer's attention.
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10-12-2009, 10:10 AM #4
Re: Kenmore Range/Anti-tip Bracket
I would:
1. Send a certified letter to the manager of the Sears store where you purchased the range demanding that they install the bracket as required. Include a copy of the complain letter in #2 below.
2. Send a complaint to the AG of California and include a copy of the certified letter in #1 above.
Consumer Alerts, Information & Complaints - California Dept. of Justice - Office of the Attorney General
3. Send a message to the General Counsel at the Consumer Product Safety Commission regarding Sears' lack of concern for your safety:
Send a message to Cheryl Falvey, General Counsel
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10-12-2009, 10:46 AM #5
Re: Kenmore Range/Anti-tip Bracket
Sears has been stuck in this movie before: Public Citizen | Press Room - Sears Must Stabilize 4 Million Dangerous Stoves Under $546 Million Class-Action Settlement Agreement
Last edited by Michael Thomas; 10-12-2009 at 07:01 PM.
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10-12-2009, 11:40 AM #6
Re: Kenmore Range/Anti-tip Bracket
$6.00 part, easy to install. Do it yourself, get on with your life.
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10-12-2009, 11:48 AM #7
Re: Kenmore Range/Anti-tip Bracket
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10-12-2009, 01:07 PM #8
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10-12-2009, 01:08 PM #9
Re: Kenmore Range/Anti-tip Bracket
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10-12-2009, 01:09 PM #10
Re: Kenmore Range/Anti-tip Bracket
The easy personal remedy is to install the bracket yourself and get on with your life. The harder but more conscientious action would be to proceed with informing the powers that be that there is still stupidity in the ranks. Who knows what child's life or injury might be spared due to taking the time to be a good citizen toward your neighbor.
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10-12-2009, 01:11 PM #11
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10-12-2009, 01:13 PM #12
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10-12-2009, 01:18 PM #13
Re: Kenmore Range/Anti-tip Bracket
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10-12-2009, 01:34 PM #14
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10-12-2009, 01:56 PM #15
Re: Kenmore Range/Anti-tip Bracket
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10-12-2009, 04:43 PM #16
Re: Kenmore Range/Anti-tip Bracket
Classic customer service response... "We'll send out someone to do a study" - Freaking hilarious!!!! Why not just send him out WITH THE BRACKET, have him install it and spend the other 3 hours of his time doing something useful.
How is it a company like Sears is making Gazillions pulling crap like this and I'm scraping to work everyday?
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10-12-2009, 05:46 PM #17
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10-12-2009, 06:25 PM #18
Re: Kenmore Range/Anti-tip Bracket
"Baseball is like church. Many attend but few understand." Leo Durocher
Bruce Breedlove
www.avaloninspection.com
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10-12-2009, 06:45 PM #19
Re: Kenmore Range/Anti-tip Bracket
Hold the show... Was it Sears or some wack job employee that did not install the anti-tip brackets... I understand that it looks bad that it was not installed but lets not kill a good store over a $ 6.00 part... Im sure if he calls
sears and gets the correct person they will fix this issue for him... I just cant see making a big deal out of this...
Most of the time We find things wrong in home that were just bad employee issue. Like construction materials under the home. or bad cuts. not all of the bui;lders fault just bad workers with bad work habits... Like playing cards with my sisters kids never racking little %*%$...
To much Sniveling going on...
Best
Ron
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10-12-2009, 07:12 PM #20
Re: Kenmore Range/Anti-tip Bracket
Not enough reading going on (or short-term memory 'issues')? When you have Sears deliver and install it is Sears performing the install (whether it is a direct employee or a sub-contractor, their "agent" is performing the install - it is "Sears" who is "doing it").
AGs love this type of Consumer Protection case because enforcing a current consent decree that has already been litigated, that incorporates hefty fines and contempt of court provisions for future "bad conduct" that includes reimbursement of reasonable legal expenses to the State that has to bring the action is low financial risk to the AG's Budget and offers positive FREE publicity opportunities for the AG or Asst. AG (usually looking forward to further advancing their political and professional career).
Last edited by H.G. Watson, Sr.; 10-12-2009 at 07:21 PM.
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10-12-2009, 07:35 PM #21
Re: Kenmore Range/Anti-tip Bracket
This reminds me of Home Depot's first line of defense when you pay for their "In Home Services" and have a problem. You call to complain and they tell you it's out of there hands since an independent contractor did the work.... Yeah, right! Once you make a buck as any part of a transaction in this great country you're head's on the chopping block. Heck, sometimes you don't even have to make a buck like when you just refer someone.
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10-12-2009, 08:27 PM #22
Re: Kenmore Range/Anti-tip Bracket
Yup thats what we need to do just go out and take shots at the store. yes the employees are the store. and the box stores get hit with call the attorneys fast we have a case.....
Come on I'm not saying that this not an issue. I'm saying this is not that kind of an issue. He should call Sears a GET THE RIGHT GUY.... Dang thats all this needs... Some people just don't known how to get service and I'm not saying this is the case with our guy ( Matthew Minser ) I'm say keep trying give the other guy a second and 3rd chance to make it right. has any of you ever got that call and did not get it right the first time but got it the next time?
Matthew Call sears its a big store find the right guy. and if you can not find some help after a few trys then yes go after them.
Look for the good in people you will find it...
Best
Ron
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10-12-2009, 08:28 PM #23
Re: Kenmore Range/Anti-tip Bracket
You can review the class action settlement here:
http://www.citizen.org/documents/stoves_settlement.pdf
The part that applies to the original poster begins at page 4 of 12, see #7:
...... In addition, Sears has agreed to install anti-tip devices on all ranges sold and installed for the next three years. ....
Sears shall also, for a period of not less than three years after the date of Final Approval, provide installation of Range Stability Devices as part of its normal delivery and hook-up process for freestanding ranges and other ranges where the manufacturer provides and recommends installation of such devices. However, SEars forever retains the right to charge whatever it considers appropriate for providing its customers with normal delivery and hook-up. Sears shall have no obligation to install Range Stability Devices for those customers who pick up a range from Sears and take it with them without having Sears deliver and hook-up the range, for customers who have Sears leave a range at their home without connecting to an energy source (referred to by Sears as "brown box deliveries"), or for any other situation where Sears is not delivering and connecting a range to an energy source in a residential customer's own home.
See #16 on page 11 of 12:
Without affecting the finality of this Order and Final Judgement, and until the Satisfaction of Judgement is filed, the Court shall retain continuing jurisdiction over this case and the parties, including all members of the Settlement Class, for such purposes as supervising the implementation, execution, administration, enforcement, construction and interpretation of the Class Action Settlement Agreement and Release.
Number #15 (c) (starts on page 9 of 12, but "c" is on page 10 of 12) doesn't allow for another lawsuit by anyone effected by the older class of consumers, or those that purchase for the three years that follow the date of Settlement and the Final Order in any other court (except those claims for personal injury, wrongful death or property damage).
The order was dated January 15, 2008 in Sears' "home state" - Illinois.
Parker, Charles et. al. v Sears, Roebuck & Co. No. 04-L-716 3rd Judicial Circuit, Madison County, Illinois. (3rd Judicial Circuit is based in Edwardsville, IL and is in the 5th Appellate District). The Clerk is Matt Melucci, (618) 692-6240 here is the Clerk's website: Madison County Government - Circuit Clerk
Parker v. Sears, Roebuck & Co., Case No.: 04-L-716 (Ill.Cir.Ct. Jan. 16, 2008). Korein Tillery acted as lead counsel in this case against Sears involving allegations that Sears sold and set-up gas and electric ranges throughout the United States without installing anti-tip safety devices, which prevent ranges from tipping over and severely burning or injuring unsuspecting consumers. In January, 2008 the Court granted final approval of a settlement which provides complete relief by requiring Sears to install anti-tip brackets for the class as well as requiring the installation of such brackets in the future. The settlement is valued at more than $544,500,000. KT's website is KOREIN TILLERY Attorneys at Law Stephen M. Tillery of Korein Tillery, LLC was/is the Lead Council. So if you can't get "satisfaction" I'd call KT. Gravy $$ for a firm that specializes in enforcing their own heafty settlements.
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10-12-2009, 08:41 PM #24
Re: Kenmore Range/Anti-tip Bracket
The part that applies to the original poster begins at page 4 of 12, see #7:
...... In addition, Sears has agreed to install anti-tip devices on all ranges sold and installed for the next three years. ....
Sears can stop installing those brackets *after* the 3 years is up.
That means that on January 16th, 2011 Sear can stop installing those required anti-tip brackets.
Guess that will be time for another class action lawsuit and another $17,000,000 for those attorneys. I bet they have it marked on their calendars ...
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10-12-2009, 09:04 PM #25
Re: Kenmore Range/Anti-tip Bracket
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10-12-2009, 10:01 PM #26
Re: Kenmore Range/Anti-tip Bracket
Didn't read the next quoted paragraph did you?
Nope, just means that for AT LEAST the following three years Sears will not charge EXTRA beyond the normal delivery and installation charges to install the brackets for normal installations, not that they won't be doing so under the consent decree, and that the court approving the settlement agreement retains jurisdiction for AT LEAST the following three years.
The first quoted paragraph bars another litigation for the certified class and the next "generation" of purchasers and the next instant sections clarify that.
Sheesh.
The place to call is the "my home" department for service not the store itself, just go up the chain and get a team leader, supervisor or manager involved; the CSR you spoke with was ill-informed or confused. You're entitled to a correction and the install was only a few months ago, unless your Mrs. specifically directed them to not install and signed a waiver, or if they indicated you had a special condition that prevented their install and she signed a waiver and release.
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10-13-2009, 06:38 AM #27
Re: Kenmore Range/Anti-tip Bracket
Actually, I did.
Nope, just means that for AT LEAST the following three years Sears will not charge EXTRA beyond the normal delivery and installation charges to install the brackets for normal installations, not that they won't be doing so under the consent decree, and that the court approving the settlement agreement retains jurisdiction for AT LEAST the following three years.
This is what it says, broken down into sentences:
- "Sears shall also, for a period of not less than three years after the date of Final Approval, provide installation of Range Stability Devices as part of its normal delivery and hook-up process for freestanding ranges and other ranges where the manufacturer provides and recommends installation of such devices."
- - Sear shall, for 3 years (not less than 3 years, but more than 3 years is not required) provide installation of the anti-tip brackets as part of its normal delivery and hook-up installation for ranges which require the anti-tip brackets.
- "However, Sears forever retains the right to charge whatever it considers appropriate for providing its customers with normal delivery and hook-up."
- - Sears does not agree to provide normal delivery and hook-up for free, instead Sears retains the right to charge whatever it wants to for that service.
- "Sears shall have no obligation to install Range Stability Devices for those customers who pick up a range from Sears and take it with them without having Sears deliver and hook-up the range, for customers who have Sears leave a range at their home without connecting to an energy source (referred to by Sears as "brown box deliveries"), or for any other situation where Sears is not delivering and connecting a range to an energy source in a residential customer's own home."
- - If Sears does not deliver and hook-up the range, you are on your own. Sears made no installation and therefore is not responsible for installing those brackets.
Sheesh.
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10-13-2009, 05:19 PM #28
Re: Kenmore Range/Anti-tip Bracket
I am a Shiner, about 30% of our burn cases involve a missing anti tipping brace. Many of these kids come from Mexico where there is no oversight by the government. If any of you guys where to see the terrible life long injuries sustained by these kids because of a missing bracket it would change your life and the way you report child safety hazards.
Mommy is cooking a pot of beans on the stove. Little Johny climbs up on the open oven door to see what is going on. The stove leans over and the beans spill onto Johny. Johny's life is forever changed. The parent's life is changed, everything is changed for the lack of a 6 dollar piece of metal.
No matter what the SOP say, I check every stove for an anti tipping brace.
I recommend installing the brace now before anyone gets hurt.
Brad Deal
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10-13-2009, 05:26 PM #29
Re: Kenmore Range/Anti-tip Bracket
Matthew,
All legal aspects aside, if you have the anti-tip device and means of installing it correctly yourself I would suggest doing so. If you have children in the home by all means do it NOW.
rick
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10-14-2009, 09:54 AM #30
Re: Kenmore Range/Anti-tip Bracket
If you are looking to draw attention to the problem for the benefit of all I would think the local news story would be ideal. 2nd, I would contact the Shriners who would obviously have time, money and resources to make something happen. Other than that, I wouldn't expect any action out of Sears or any other installer.
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10-14-2009, 07:03 PM #31
Re: Kenmore Range/Anti-tip Bracket
No you obviously didn't read the settlement agreement. As I said...the paragraph IN THE SETTLEMENT agreement that follows the first paragraph that I QUOTED says what I said it says.
By the way, I called the Sears MyHome Service myself today and verified that should their contracted delivery and installation agent fail to install brackets they will return at no charge to the customer and do so, IF it has been within a reasonable period of time since the delivery, and to the original purchaser at the original location of installation. I was told the normal procedure would be for them to first ship the parts to the customer's home, then upon receipt, the scheduling appointment is made. I was also told that as a matter of course the gas appliance connector should be replaced anytime the appliance is disconnected and moved, normally they do not include the replacement and recommend that the customer repurchase said kit and have it delivered with the anti-tip brackets...however, if one complains sufficiently, and gets a supervisor on line (if the CSR doesn't readily offer to send this kit for free as well) said supervisor can and often will waive any charge and send said kit as well. If one wants an expidited delivery, you may be asked to pay a charge for the fast handling and delivery, otherwise it would be no charge.
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10-14-2009, 07:19 PM #32
Re: Kenmore Range/Anti-tip Bracket
The problem with this is that she said the "reasonable time period" in my area is 30 days. Range was installed in July. I did not even know about anti-tip brackets until I began reading this forum about a week ago.
I will try to get in touch with a supervisor this week and I will let all of you know how it turns out.
By the way, I do have a 3 year old at home...so it is important to me that I get this taken care of...If I don't get a commitment from them by Friday, I will buy the anti-tip brackets this weekend and install them myself.
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10-14-2009, 07:39 PM #33
Re: Kenmore Range/Anti-tip Bracket
Obviously ... you are back to your old ways again. I have been surprised that you could hold your tongue and need to revert back this long. As I have said before, IF you can play nice with others ... you COULD BE a good asset to this board. Your choice, but you choose to bully your way around, and we have not let you bully your way around in here, and we are still not going to let you bully your way around in here. *IF* you want to be an asset, so be it, and great. However, *IF* you want to bully your way around, you will be resisted and pushed back every time. YOUR CHOICE.
I did read it, and the part you QUOTED said EXACTLY what I QUOTED it as saying - here is a HINT ... *I* *QUOTED* *IT* *TOO* ... - and then put it in easier to understand wording, sentence-by-sentence.
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10-14-2009, 08:13 PM #34
Re: Kenmore Range/Anti-tip Bracket
Lower 48 United States? San Jose in California?
Sears Delivery and Installation services for Ranges, Ovens and Cooktops includes a warranty for the installation for a full year according to their own website!
See: Range, Cooktop and Oven - Sears.com Home Services
Originally Posted by Sears Installation Services, Range, Cooktop and Oven
Then you refer/remind them of the Consumers Legal Remedies Act, and provide them with the 30 day notice provided for in the act. At least 2 or 3 provisions of 1770 would have been violated. Acknowledge it might have been an error, but demand it be rectified and give them a chance to. It hasn't been a year since it was a delivery/install this past July not for an appliance delivered before the Settlement (deadline was last Summer for claims), therefore your time frame is fresh.
If you purchased this back when you bought your home, and you blew the deadline for the settlement agreement or failed to notify them of your warranty (defective installation service, i.e. lack of brackets installed) claim in a timely manner (as soon as discovered and within one year of installation), then you're out of luck, you'll have to order the manufacturer's parts from Sears and have them installed yourself.
Either way (free parts & labor or you pay) you have a remedy.
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10-14-2009, 08:20 PM #35
Re: Kenmore Range/Anti-tip Bracket
I didn't buy my house three years ago. I bought my house in June 2009. I don't think I mentioned that. Bought and had the stove installed in July 2009.
I think the three years mentioned earlier in the thread refers specifically to the terms of the settlement agreement.
Regardless, the information is very much appreciated, from H.G. and from everyone else. I will contact them tomorrow and update the thread with the results.
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10-14-2009, 08:47 PM #36
Re: Kenmore Range/Anti-tip Bracket
Matthew Minser,
I re-read your second to last post,
By the way, I do have a 3 year old at home...so it is important to me that I get this taken care of...
I missed the "at" and took it to mean 3 year old home...not that you have a three-year-old child in the home. Oops.
Well, armed with a direct link to the Sears Home Delivery and Installation Services Website service warrant (prior post) ...and with the knowledge that the installation is warranted for a FULL YEAR...and that the installation included the installation of said anti-tip brackets... you should have no trouble getting the deed done ASAP and at no charge. If you do end up paying out of pocket for the parts and installation, you likewise have the necessary information to make a major stink about it with the Consumer Affairs office, the Lawyers who brought suit against Sears in the Class Action, the Attorney Generals office, and getting some Consumer Affairs Reporters involved.
Let us know how you made out.
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10-14-2009, 09:08 PM #37
Re: Kenmore Range/Anti-tip Bracket
Gutter balls to you Jerry Peck.
What you failed to read was the Settlement ITSELF, #s 8-13 which as I stated immediately followed the first paragraph section that I did Quote (which was #7).
Your requoting what I had already quoted was meaningless and short-sighted. I referred to the paragraph sections that immediately followed the first that I did quote, but chose not to and instead summarized before I resumed quoting (since it wasn't applicable to the Original Poster). You still missed that. What you failed to read was the Settlement ITSELF, specifically #s 8-13 as well as the rest of the document. (Hint: first section quoted was #7, #8-13 immediately follow, next quote was from #14 ).
As far as your opinions as to what is and is not helpful, or who is and is not an asset to this board, the forum not being yours what you do or do not have to communicate on the subject is of no interest to me whatsoever.
Opinions such as yours are like anal orifices, most of us have them, some find more creative uses for them than others. Apparently yours is used to communicate !
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10-15-2009, 10:12 AM #38
Re: Kenmore Range/Anti-tip Bracket
And yours is the biggest anal office, as is obvious by your post above.
Oh, by the way, I could have used larger type too, but I prefer not to cover everyone with diarrhea as you are seemingly content to do.
Which is a shame, as (I repeat yet again) you could be an asset to this board ... instead you continue to insist on just being the ass-part of "asset".
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10-15-2009, 10:26 AM #39
Re: Kenmore Range/Anti-tip Bracket
Nuh uh, uh hu, Nuh uh, uh hu, Nuh uh, uh hu, Nuh uh, uh hu, Nuh uh, uh hu, I'm rubber and you're glue. Everything you say bounces off me and sticks to you! Nuh uh, uh hu, Nuh uh, uh hu, Nuh uh, uh hu, Nuh uh, uh hu, Nuh uh, uh hu!
Would you guys go punch each other or go tell the teacher? Just get it over with.
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10-15-2009, 11:14 AM #40
Re: Kenmore Range/Anti-tip Bracket
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03-24-2010, 01:56 PM #41
Re: Kenmore Range/Anti-tip Bracket
FWIW I have never seen this bracket in place, EVER. Not saying its OK to go without by any means but in at least in Minnesota this seems to be a common installation practice, even in new construction. Its one of those items I get really tired of writing up because nobody cares.
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03-24-2010, 02:08 PM #42
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03-24-2010, 05:09 PM #43
Re: Kenmore Range/Anti-tip Bracket
Don't get me wrong, I always write it up and give them a full verbal explanation as well but its one of those items that nobody seems to care about. Oh well, I did my job and can't hold their hand after I leave.
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03-24-2010, 05:40 PM #44
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04-27-2010, 10:05 AM #45
Re: Kenmore Range/Anti-tip Bracket
Ron
How much work should a customer have to do to get a company to do what they were paid to do? With automated phone systems it is hard to get through to anyone at Sears and many other companies. If you are calling to buy something they will answer your call but to resolve a problem forget it.
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