Sears Aka Sears Home Improvement Does not honor 100% Satisfaction Guarantee Hoffman Estates Illinois

I sure wish that I had read all of these complaints before I signed that contract. Following is my experience to date...

On February 2, 2007, a salesman gave an exemplary sales pitch to my husband and me, which caused us to purchase twelve windows from Sears at a cost of $12,772. A steep price in comparison to competitors such as Lowes and Home Depot, but we sold on the 100% satisfaction guarantee and lifetime replacement policy (even if my son puts a baseball through the window). On top of that, the windows seemed extraordinary with top of the line technology, and could even open with one finger. Sold!

That was my sales experience, we were very happy. A week later, a gentleman came by to measure the windows for order. While he was measuring the front bathroom window, he suggested that we go with opaque windows in the two bathrooms. When we told him that we had not ordered opaque windows through our salesman, he said it did not matter, as he was the person who puts the actual order in. We were very happy with this and ordered that the two bathroom windows be opaque.

Approximately one week later, we received a message from our project coordinator concerning the size of our largest picture window. She informed us that the largest picture window would have to be made smaller than originally ordered (by an inch and a half) because the windows were not manufactured that big. When we asked about a discount, we were told no, that we would want to pay Sears extra because the windows were so good. We agreed to have the smaller window, as we seemed to have no choice.

The installation was from February 26th to the 28th. The installers were professional and courteous and did an excellent job. However, the two bathroom windows were clear and not opaque. Also, following the 24-hour wait period, per the care and maintenance manual, we found that not only did none of the windows open with one finger but also are barely able to open with one hand. Many of the windows need two hands to open them, especially the large windows. We chalked this up to them being new, and attempted to exercise the windows. While this helped a little, in no way are these windows what was presented to us by the salesman. Even the two small windows, which are near the exact size of the demonstration window used in the sales pitch, will not open easily. The demonstration window opened with one finger, which was a big selling point to us.

On March 5th, my husband called the number listed on the ?What's Next' document that we were given (1-800-470-3135) to speak to the District Sales Manager. He got a customer service representative at that number, and explained about the opaque windows and the problem with opening the windows. She said that she would pass the information on to someone who would call me. On March 6th, my husband called again concerning status of his phone call yesterday. Again, he was told that someone would call as soon as possible.

We finally received a call back from the project manager on March 8th. I explained to her that the windows were not opening properly as per the sales presentation given to us, that included a demonstration on how the windows were so smooth that you could open them with one finger. She suggested that the big picture windows would not open this way. I agreed that the largest windows would of course be somewhat more difficult to open than a much smaller window, however they should not require two hands to open. I explained that none of the windows opened easily, including the windows that are a very similar size to the demonstration window. I have to force some of the windows to open and can do it with one hand (hard), but two hands more easily. She said that she would send the installer out the next Wednesday to check all of the windows and to deliver a picture window replacement for a defective paint issue that was reported by the installer.

I then asked her about the two bathroom windows, which should have been opaque. She said that they were still trying to determine who would pay for them because the opaque request was not on any of the paperwork. I told her that while we did not order them that way initially through the salesman, the man who came to measure the windows had suggested opaque windows in the bathrooms and had indicated that it did not matter how the contract was made with the salesman because he is the one who puts the actual order in and he would order them opaque for us. We agreed. Vickie again said that the request was not put in. I told her that I expect for her to contact the measure man and have him call me, following which he would be calling her to fess up to his mistake. She said she would have him call me, and that the installer and the salesman would be coming out on Wednesday the 14th of March to check the windows.

On March 12th, my husband purchased some silicone spray for lubricant as per the Sears care and maintenance manual's instructions, this helped a little bit more, but not enough to make a significant difference to satisfy us per the sales demonstration. He then called the service number again to explain that he had tried the silicone spray and that it helped somewhat, but he still wanted someone to come out to check the windows. I still had not received a call from the measure man at this point.

On March 14th, we waited until 11 a.m. for the installer and salesman to show up. We received no call and no one came out, so we called the service number again to inquire as to where the men were and when they would be coming. The customer support representative said that she would check on the status and call back. No one called back that day.

On March 15th, my husband called the salesman and explained the situation to him. He was unaware of any of the problems and said that he would call the project manager to find out what was being done. The project manager then called my husband back and said that the installer would be coming by tomorrow (March 16th) to put in the new picture window and to check the operation of the other windows. I still have not received a call from the measure man.

March 16th, the installers arrived and installed the new picture window. He also checked operation of the windows and said that they were working properly. He said that these types of windows should never open with one finger because they are sealed and that the salesman should not have told us that they would open in this manner. I asked him about the opaque windows and he replied that the office was still trying to determine who would pay for them, the salesman or the measure man. I ensured him that his installation was not under question, but rather that it was the sales pitch and the 100% Satisfaction Guarantee that we had an issue with.

I then contacted the project manger to request a copy of the sales order that was initially submitted for my windows. She informed me that I must call my salesman to get a copy of that and wanted to know why I wanted it. I didn't reply, but asked her about the status of the opaque windows. She informed me that Sears would not be providing those windows unless we pay for them because they were not on the order. I asked her why I had not received a call from the measure man in reference to this and she said he could not help me because the opaque windows were not on the initial order. I then told her that in accordance with the Sears Satisfaction Guarantee, I was not satisfied. She became very defensive and rude at that time, raising her voice and telling me she could do nothing and I needed to talk to the salesman.

I then spoke with the salesman, telling him of the issues with the window order and explained that the issues were:

1. Ease of operation is not in accordance with the sales demonstration.
2. Bathroom windows are clear and not opaque as promised by Brian Baker.
3. Concerned about 100% lifetime breakage warranty promised during sales pitch ? we have not received a copy of that warranty.
4. Not 100% satisfied per the Sears guarantee.

The salesman told me that the windows needed to be operated for a while in order to operate smoothly like his demo window. When I told him that the installer had been out this morning and told me the windows would never operate that way because they were not designed to due to the seal, he had nothing to say. As for the opaque windows, he said there was nothing he could do about that because they were not ordered that way on the sales contract, and if we wanted them we would have to pay for them. I told him about the measure man's conversation with us, and was told that as of yesterday the measure man had been fired due to making promises to customers that he should not have made. I then requested a copy of the initial order that went to the production warehouse and was told that he did not have access to the order document and I must contact the project manager to get that? hmmm

I then chose to call corporate customer service and spoke with the representative that took our original complaint on the 5th. She looked up the original complaint relating to the operation of the windows (one finger open), and the opaque windows. There is a note within the file indicating that the opaque windows did come in on the 14th, but it was also noted that the windows would not be installed until the customer pays for them. [Obviously, the measure man ordered the windows and then he was fired for not paying for them.] I told her about my conversations with both the salesman and the project coordinator. I said that I believe that since it was a Sears' representative that measured my windows and offered the opaque ones that Sears should pay for the opaque windows. Also, since a Sears Salesman used the ease of opening in the sales pitch, he had lied to us because the installer told us that the window design did not allow for that type of operation.

I brought up the warranty on breakage, at which time she walked through the warranty with me; her warranty had the 100% lifetime breakage statement in it and mine did not. She is mailing me a copy of her warranty and doesn't know why mine is that way. I then told her that I was invoking the 100% satisfaction guarantee for the opaque windows and the operation of the windows and that I wanted a copy of the original order form submitted by the measure man. I told her I was building a file for possible litigation concerning the opaque windows, operation of the windows, and 100% satisfaction guarantee statement. She said that the opaque window request would not hold up in court because they were not on the contract.

It has also come to my attention that in addition to all of these problems, Sears should have installed tempered glass in my bathrooms (along with opaque windows) to meet code. There was never any permit requested.

I want Sears to honor their customer 100% Satisfaction Guarantee policy on this purchase. They can satisfy me through one of the following:

1. Provide installation of the two bathroom windows and give me a 25% discount on the total purchase for misrepresentation in the ease of operation of the windows.
2. Do nothing and reduce the price of the total installation by 50%.
3. Do nothing and refund my purchase price in full.

I feel like I have a long hard battle ahead. Sears should have a class action suit brought up against them for not honoring their 100% satisfaction guarantee (or your money back).

Carmen
Organ, New Mexico
U.S.A.

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