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beckyg75

Shipping bolts left in Bosch for 3 months -angry - what is fair?

14 years ago

After we moved, our brand new Bosch axxis front loading washing machine was making the most horrific noise and walking all over the place (with the new matching dryer stacked on top of it - the dryer would rattle part way off the washer and have to be held on during the spin cycle.)

This was incredibly frustrating - the banging and vibration was so loud and scary and we had a newborn and needed to do laundry almost daily. I would have to put the baby down in the crib, shut the door, and sit by the washer to make sure it didn't "walk" into the wall or that the dryer didn't fall off (it slipped off repeatedly but I would always catch it.) Very aggravating.

I kept telling our GC something was wrong, but he and the architect took a few weeks to get over to have a look. Then the architect said he read online that the front loaders sometimes vibrate a lot more than usual toploaders. I said, "BULL. There is something wrong here."

Finally after a month or so, the GC agreed the vibration was excessive and tried to brace the machine by nailing wood all around it but this just made it bang even louder.

We went back and forth arguing about it and I called Bosch and set up an appointment for service and the technician right away said, "I bet they didn't remove the shipping bolts."

He was correct, and he was pretty appalled that a licensed plumber (that is who installed it) didn't know or forgot to do that. I took photos of the technician removing the bolts and saved them. They are HUGE and hard to miss, and the technician said that as soon as you uncrate the machine, there is a BIG warning notice about removing them.

The Bosch technician also told me that our machine was likely to have been permanently damaged, and that its life may be shorter than usual due to 3 months of abuse (i.e. running it with these bolts in place.)

Problem is, we won't know that until years from now. If the life span is supposed to be 10 years, and it gives out in 5 years, then what?

In light of this, what is fair? We still owe money to the GC (the plumber is his subcontractor, so we don't pay the plumber directly.)

The washing machine cost $1100 approximately. Would you deduct part of it from the final payment?

Thanks for your thoughts. I am so angry about this that I thought it would be good to hear other people's opinions.

Comments (16)

  • 14 years ago

    This just sounds plain dangerous and incompetent. I would have them take these machines and buy you brand new ones. Period.

    Lalitha

  • 14 years ago

    I installed my Bosch Vision myself.

    That huge red 8"x12" warning flag is hard to miss.

    I agree with lalitha, they owe you new ones.

    They could last two or five years. You just don't know the amount of damage done. So it is impossible to pro-rate a fair payback.

  • 14 years ago

    I agree he should replace them but you know what's probably going to happen. Unless you've found an honest GC he's going to claim that someone forgot to put the warning label on your Bosch. However to back up your claim you can check the installation sheet to verify that the warning is also in the manual.

  • 14 years ago

    You absolutely should get new machines. Withhold the entire amount from what you owe him until he replaces them and document the issue with registered letters, pictures, etc.

  • 14 years ago

    Thanks for the feedback - it is good to hear everyone's opinions - hard to know when emotions run high what the right thing to do is!

    This forum is invaluable and it sounds like there is no excuse for such a sloppy mistake.

  • 14 years ago

    I'm late, but agree with other posters. This was pretty sloppy install. Also resentful to learn of GC's ignorant attempt at excusing himself....bad form pretending you know something that you don't.

  • 14 years ago

    Who delivered the unit(s) to the home?
    Who installed the unit(s) in their final location?

  • 14 years ago

    Ask the GC to rectify the problem. The solution is to get you a new machine.

    Make sure take pictures of the serial number. I would not be surprised if they try to reinstall the same ones (and call them new) :)

  • 14 years ago

    You should definitely get new replacements. Threaten him with deducting the amount from the final payment if he doesn't replace but understand that you probably signed a contract with him that would allow him to put a lien on your house if you don't pay. Most likely you will win if it goes to court or arbitration but it will be a difficult process. Another reason to make sure you get replacements is that since you called out a Bosch tech, they've got a record of the installation problem on your serials and you may have trouble getting any warranty coverage because they could always claim that damage caused by the installer's mistake was the reason for the failure. I'm sure you contractor will want to resolve this. Keep copies of all your emails or anything you have showing you reporting the problem and him denying there's an issue. Remind him that you notified him there was a problem immediately and it took him three months to acknowledge a problem. Mention subtly that you have records of those conversations.

    Good luck.

  • 14 years ago

    I would suggest document and communicating by writing to avoid she said he said... Don't let them exhaust you.. throw an indignant fit and have a glass of wine after.. Do not accept pro-rating. I asked my GC and he said that if this happens, it is typical for the GC to replace. Their margins and insurance cover this.

  • 14 years ago

    hi beckyg75! it is hard to believe this story, since i take care of big physical problems within hours or days not months. ("... making the most horrific noise and walking all over the place..."). Too bad you let it go so long. After this long, it can be hard to make claims for others to pay. It's a stronger case when you look into it immediately instead of letting it continue for 100 batches of laundry.

  • 14 years ago

    becky,
    I don't know you, but I feel angry for what you are going through. No, it's not the end of the world, BUT what is right is right and what is wrong is wrong! Clearly, the GC should be held responsible. It was HIS subcontractor who HE CHOSE to perform work on YOUR HOME who obviously was not competent This service comes with a normal "standard of care". Yes, people make mistakes, we all do, we are human. However, we pay a steep price for services/products no matter what it entails. In return we have every right to expect a job well done. The mistake that was made is unfortunate. You have every right to hold the GC and Plumber accountable for a job NOT well done! The normal "standards" were not carried through. It is not your problem that the plumber was negligent. So, what is the solution? If it was me, I would demand BRAND NEW UNITS. or I would be subtracting funds when the GC is looking for "payday! Good Luck and hope that all works out for you! :)

  • 14 years ago

    Thanks for all the comments and advice. The plumbers, who installed the washing machine, refuse to file for final inspection until they get paid in full. Since we are in New York City, and *need* the sign off from the Department of Buildings, we are over a barrel.

    Apparently in NYC, the plumber (and electrician) OWN the permit on your job, and if they don't file for inspection/completion, there is no way to get it. This is what our architect is telling us.

    To davidro1, I am TOTALLY in agreement with you. I did not "let it go" - my contractor and architect did. I texted and called both of them the very first time I used it. They didn't seem concerned. A few days later, I called again. It is clear they thought I was "overemotional" as we had a couple weeks old baby, and dismissed my concern.

    I called again. And again. After a few weeks, they came over (while I was not home - we took the baby to the dr.) and put the empty machine on a spin cycle only. It did vibrate, but they said, "not too bad". I had to pitch a screaming fit to get them back a few weeks later (so that is one month already!)

    I put in a full load of baby clothes and started it before they got there as the cycle takes about an hour. When they saw what *I* had been seeing, they said, Uh, ok, well, we never put the isolation mat (?) down, let's do that. Another week goes by. No show. Then another week goes by - they did something else. No help. Then another week goes by - they put in some wood around the bottom - you see how this was going. Meanwhile, they are "gaslighting" me - trying to make me thing I am overreacting because I never had a front loader before. My position was that consumer product companies don't make products that "scare" consumers, and this was actually pretty scary to watch it vibrate and walk.

    My architect (who is supposed to be on my side, right?) actually told me he googled Bosch washers and found some reports of excessive vibration. Yeah, ok. This was way past excessive.

    When I called Bosch, they were very busy and it took about 10 days for someone to come. Probably I should have begged for someone sooner, but I told them the issue and that it was serious and they gave me the date. January 10 is the day the plumber installed it. April 15 is the day that Bosch came.

    So that is how 3 months went by. It was unbelievable to me at the time that it was taking so long to do something about it.

    If we are forced to pay, there is no question I will be filing complaints about the plumbers with every agency and consumer company possible.

    NYC is supposed to have a good Consumer Affairs Department - no question I will be contacting them.

  • 14 years ago

    Did you actually check with the city about the permits and final inspection or did you just rely on the word of your architect? I would check directly with the city, explain your situation and see what they say. Rules vary by locale, but even if the plumber pulled the permits, that doesn't necessarily mean that you can't get final instpection without him. What if you changed plumbers mid-job? On the other hand, if you don't pay him, he can attempt to put a mechanic lien on your home, so you're in for a battle in any case.

  • 14 years ago

    I agree with the above posters, not removing those bolts was pure incompetance or laziness. All front loading machines have these bolts so it shouldn't have been any surprise to the plumber or the GC. I had a White Westinghouse way back in the 80s (when it was the only FL on the market) and even it had them.