Action: Read contract: Repairs not covered

We have had a service-warranty agreement on our gas range for the past four years with Fast of Florida. On June 12, 2000, the range stopped working and a serviceman came to check it out. Repairs and replacement of the clock, sensor and parts that control the operation of the gas range were performed to our satisfaction according to the warranty, and we were not charged.

On March 25, the range again broke down and stopped operating. The serviceman found the same problems as the previous time. However, this time we were told the repairs were not going to be covered under the warranty. When we told the office it had been covered under the same contract two years earlier, we were told the company had changed its policy. This does not show on my contract, so this is not true. The company said the change went into effect in 1998, but as you can see from the enclosed paperwork, we were not charged for the prior repairs. We received a call from the office of Fast of Florida that we owe more than $200. We feel it is not living up to its contract. Edward Clark

Response: David Venier, general manager of Fast of Florida in Largo, said you signed your first contract with the company on July 28, 1994. In June 1998, exclusions were added to the terms and conditions of the service contract. These included clocks and solid state circuit boards. On June 12, 2000, the company replaced a control board (timer) on your gas range-oven and did not charge you. He said this was a mistake. You should have been charged as the repairs and replacements were no longer covered by your agreement.

On March 29, Venier said, Fast of Florida was called out to your home and found that your oven had failed for the same reasons as in 2000. On April 1, after being told the next call would be COD, you gave verbal approval to the parts manager over the phone to order the control board and to proceed with the repairs.

The parts were ordered and picked up, and a technician did the repairs April 10. You signed the work order indicating you were satisfied but did not pay the bill. The following day, Sandy from Fast of Florida's office called and asked if you would like to pay by credit card over the phone. You said you wanted an itemized statement sent to you so you could have your attorney and/or others look it over and that you would get back to the company.

Venier said he does not understand why you will not pay the company for this job, given that you were told the first free service had been a mistake and you gave your verbal approval for the job to be done. In addition, he said the company charged you only half its normal labor charge.

Venier sent us copies of the yearly contracts you signed, beginning in 1994. The parts in question were not excluded in the earlier years, but beginning with the contract you signed in 1999 (you squeaked by in 1998 since your contract was prepared before the exclusions went into effect), clocks and solid-state circuit boards are among the exclusions. Look at item No. 14 on your contracts since 1999. The repairs and replacements performed by Fast of Florida on April 10 are not covered.

Venier said customers are urged to review their renewal contracts each year. Had you done so, this problem could have been avoided.

Order unlikely to be filled

In October, while visiting my daughter at her sorority house, I purchased by check three items of clothing that were offered by Olympus. Olympus had representatives at the sorority house as well as numerous samples of its clothing, some of which could be customized with the sorority's "house letters." I received one item in early December, but have yet to receive the other two items. A copy of the packing slip noted the two remaining items were on back order.

Since December, I have called the 800 number many times. All I get is an answering machine that states to call later if you want to leave a voice message. In early January, I sent a fax requesting information about my order, but I did not receive a reply. Approximately Jan. 15, I sent a letter asking for the merchandise or a refund. I still have not heard from Olympus.

I asked my daughter to check with her sorority sisters, and she said that one other girl's family was issued a refund when the merchandise could not be delivered by Christmas. Christine Pribyl

Response: Unfortunately, we have had no better success at getting a response from Olympus in Manhattan, Kansas, than you, even though our second letter, sent certified, return receipt requested, was signed for by a Bob Lund on March 21. The Better Business Bureau has no listing for the company, the phone and fax numbers on the order form have been disconnected, and the number for Bob Lund, at the same address as Olympus, is temporarily out of service. We do not hold out much hope at this point that you will get the remainder of your merchandise.

- Action solves problems and gets answers for you. If you have a question, or your own attempts to resolve a consumer complaint have failed, write Times Action, P.O. Box 1121, St. Petersburg, FL 33731, or call your Action number, (727) 893-8171, or, outside of Pinellas, toll-free 1-800-333-7505, ext. 8171, to leave a recorded request.

Requests will be accepted only by mail or voice mail; calls cannot be returned. We will not be responsible for personal documents, so please send only photocopies. If your complaint concerns merchandise ordered by mail, we need copies of both sides of your canceled check.

We may require additional information or prefer to reply by mail; therefore, readers must provide a full mailing address, including ZIP code. Names of letter writers will not be omitted except in unusual circumstances. Letters may be edited for length and clarity.

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