Tendencies:
I've worked in customer service in the auto biz, (service writer at dlrships, and roadside assistance and cust. svce. at a luxury-importer's H.Q.) as well as as an attorney, and had custsomer contact as an insurance investigator/adjuster, as well--some of the latter involving
WRONGFUL DEATH CASES. Based on that roughly 20 years of cust. svce. experience, I can honestly say that
VC's response is simply appalling! And unlike one of our more charitable members, I would
not be willing to give that VC rep. the benefit of the doubt--I'd be INCENSED!
From a cust. svce. point of view, the following quote is right on:
Request a new stove. Let then take yours and reburbish it and let them sell it. I agree about the welds, done right ,this should have never happened. Remind your dealerthat over a 1000 people have viewed the pictures of the poor welds and the longer they wait to get it swapped, the more their image gets tarnished. PM me If you are having troubles maybe I can help
And then, if that doesn't get you a FULL, CASH REFUND, so you can go buy a different (BRAND?) stove, I would use that excellent quote (in this thread, earlier) about subpeonas for their executives. Not sure small claims necessarily works that way re: subpeona-ing the executives (it varies, state-to-state) but it very well may. The point is, it doesn't matter--it would kickstart their brains! Also, you don't need an attorney to sue in Small Claims, but they DO need an attorney to defend, as they are a corp.
Don't neglect to point out the "nuisance value" to them, either. IOW, in every jurisdiction, it costs "X" number of dollars just for a corp. to "show up," with attorney's fees, any exec. or expert witness's travel, as was suggested, etc.... In "expensive" (meaning, high-dollar jury awards) jurisdictions near NYC, as of 15 years ago, nuisance value was (if memory serves) $6,000. or more.
IOW, it would probably cost more than the price of a new stove, just to show up and defend a case, so if they were smart, they'd avoid all that and settle, for a FULL REFUND--NOW. (Including removing that box 'o death).
You might suggest it would behoove them to speak with their attny, before going further down this road--and they should get "Suzy" away from the customers!
You might also point out that buying your stove back, now, is a hell of a lot cheaper than buying your HOUSE, later, and providing maintenance for your wife and kids (through college) should you not be so lucky as they were, in the fire (knock on wood).
And it's not like there isn't a documented record of substandared, FAILED welds to show the Court!
Of course, if you're as pissed off about this as I would be in your shoes, you could rub it in a little: :coolsmirk:
Like...I would ask them how many satisfied customers of these stoves they've had. (They'll say they don't have that in front of them.) Get them to agree that they've probably sold
thousands of these stoves where the entire weight of the firebox is hanging from four
tack welds, and then ask them this:
Do you know what a CLASS ACTION is?
Moving on...the implied suggestion that
you weld it is OVER THE TOP!
When faced with such idiocy, (like people contemplating committing a crime, or a really dumb move, like here in VC's case) I often do this:
I ask them to envision how things will sound being read back, from the (Court) transcript:
(For ex., imagine this exchange is taking place in a hearing, after this stove burns your house down,
after the repair--say you welded correctly, but some other weld then broke--knock on wood three times.)
So, VC Exec., I understand you have an extensive training program for welding, at VC?
Harumpph...that's right--we train our welders extensively--for months at a time!
Okay, so...how did you know Mr. Tendencies was competent to
reweld his own stove?
Well, he told Suzy, my receptionist, that he was in the Navy, and welded.
Is Suzy versed in the Navy's welder-training requirements?
No, but--
Thanks--next question: Is Suzy a welder?
No, but--
Thanks--next question: Did anyone verify that Tendency knew how to weld? Was certified? Had welded in the last 20 years, since he was in the Navy?
No, but--
Did VC inspect the stove, to see what else might be wrong with it?
No, but--
Thanks--nothing further your Honor. Counsel--your witness.
>
And Tendencies, you know what would have happened if the stove failed again,
after you welded it?
VC would, (no doubt) under the terms of their own warranty, be entitled to say "Well, Mr. Tendencies,
you voided your warranty when you welded on your own stove...sorry, we're not responsible."
VC's email to you is OUTRAGEOUS and would be funny, if it were about something that couldn't so foreseeably result in a WRONGFUL DEATH CASE. (Again, knocking on wood three times for you...).
The advice about Consumer Fraud, State Atty. General, Consumer's Union, etc... is all right on. You can call your local BBB and they will get you started on how and where to file reports, etc....
If VC doesn't immed. figure out how much legal exposure they have here, I'd say:
"Either you do the right thing now, or as soon as I hang up I'm calling as many State and consumer-type orgs. as I can find numbers for on the 'Net--and I'll post this on the 'Net too. So...how do I spend the rest of my day? You decide--fast."
I have heard too many bad things about VC's cast stoves coming apart (I know yours is steel). In fact, it was those stories that put me off of cast stoves, or any VC stove. I know many people love 'em, (heard there's good years and bad) and I apologize to VC'ers, but this is not the first time I've heard this kind of thing--it's just the most outrageous. Good luck