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Attorney 1
Attorney 1, Attorney
Category: Consumer Protection Law
Satisfied Customers: 2446
Experience:  Knowledgeable and Experienced Attorney
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We have an issue with a boiler that we purchased from Itak

Customer Question

We have an issue with a boiler that we purchased from Itak Heating and Cooling in 2009. This boiler was a Samsung Quietside boiler. After 3 months the expansion vessel assembly needed to be replaced and Itak did it. After 4 months the system shut down and no reason could be found. After 5 months numerous error codes started showing up. In May, after 7 months, the boiler was replaced with warranty.
After 16 months with the new boiler, there was a recall due to possible overheating. To men installed additional parts to compensate the issue. 2 months after that the boiler stopped working. We were told by Itak that we needed a new reducer, which we never received because at this time,as we were informed, Samsung sold its boiler division to a company named Challenger Supply. Challenger claims that they did not receive a claim form that was sent to Itak., Itak claims they never received one. Another form was sent to Itak from Challenger and then Challenger received it. We were then informed by Challenger Supply, that we were no longer under warranty for the part. In order for us to get the part and pay on our own, we would've had to wait for the part to come from California because there wasn't any parts here. There is aplace in Manasquan that we were told had parts and when we inquired there they told us there were no parts available. Therefore, we ended up going to a different company and had a new boiler installed. With the track record of Samsung boiler, there was no quarantee that the boiler would still run ene with the new part installed.
Is there any recourse here with any of these companies or are we out of luck.
Thanks you Mrs. Joan Ballet
Submitted: 9 months ago.
Category: Consumer Protection Law
Expert:  Attorney 1 replied 9 months ago.

Hi Joan, welcome. I am a licensed attorney and happy to assist.

I'm sorry to hear all the trouble you've been having with the boiler. It sounds like quite an ordeal.

Under the circumstances, you would have recourse against Challenger Supply as Itak's successor in interest if you can show that your claim (the one that was delayed in the record books) was actually first made within the warranty period. In that instance, Challenger would have to compensate you for the amount the part would have cost if you replaced it, because they erroneously told you you would have to go elsewhere. Unfortunately, you could not hold Challenger responsible for the cost of the new boiler. I wish I could tell you otherwise, but having accurate information allows you to make informed decisions going forward.

I hope this helps. If there's anything else I can do for you, just let me know and I will continue to provide assistance. If I have addressed your issue and/or pointed you in a positive direction, please remember to leave a positive rating when prompted, as that is the only way attorneys on this site credited for the help we provide.

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Good luck!

Best,

Attorney 1