Degree Air Conditioning & Heating

"This letter is in response to your letter of April 3, 2013, address to Degree Air Conditioning and Heating, and referring to the above matter. Degree Air Conditioning and Heating Service (hereafter, “Degree”), is a licensed air conditioning contractor. Degree entered into a contract dated September 14, 2012, with the member for the replacement of one of the two air conditioning units and air handlers at her home. (The 2nd air conditioning unit was not replaced.) The price to which the parties agreed, and which included warranty service for three years, was $6,999.84 (including sales taxes). Payment was made in full at the time the contract was signed by the parties. The price negotiated by the parties included all available discounts. Installation of the contracted equipment was installed in the member’ home in accordance with all building codes. The installation was completed in September of 2012. Subsequently the member determined that she wanted to add additional supplemental emergency heat strips to both of the air handlers in her home, including installation of a supplemental emergency heat strip in the air handler which had not been installed by Degree. The charge for this separately contracted work was paid by The member’ check #1396 in the sum of $1,521.32 on October 1, 2012. On December 28, 2012, The member called Degree and explained that the other unit in her home (the a/c unit not installed by Degree) was not working. Upon inspection of the unit, Degree determined that the cause of this failure was a control panel, which was replaced and the member paid the sum of $228.36. The member’s Complaint claims that she paid Degree for a “PMA Heating and Cooling Maintenance Agreement.” The parties did not ever enter into any such agreement. The only agreement with respect to maintenance was the three year warranty service specified on the contract for purchase of the heat pump and air handler which were installed by Degree. As no preventative maintenance agreement was arranged with Degree, the charge for this control panel, which allowed the a/c unit not installed by Degree to begin working, was proper. If under warranty, it should have been repaired by the business (not Degree) which installed that unit and provided that warranty. The unit installed by Degree in the member home was properly installed and worked properly following installation. In January of 2013, for reasons unknown to Degree, the member apparently became dissatisfied with work performed by Degree and she had another air conditioning contractor inspect her a/c units. The report issued by this company indicated that “Bothe units ran in good pressure”. This report detailed some minor problems with Degree’s installation of the air handler located inside the residence, which could have been fixed had Degree been granted access. The member’s Complaint indicates that she has had a 2nd inspection performed by a different contractor, but she has not provided a copy of the 2nd inspection report to Degree. The member has resolutely refused to allow Degree access to perform any repairs. The member was not overcharged for any equipment installed in her home by Degree. Degree has been in the air conditioning business for many years, It has all of the proper licenses to conduct its business and its employees are properly trained professionals. The member’s Complaint should be dismissed without further action. In order to settle and terminate this matter, Degree is willing to refund to the member the amount paid by her for the heat strips, which is the sum of $1,521.32, even though the heat strips are installed properly and are a benefit to her. In addition, Degree will refund the cost of the three year warranty service is $375.00. Because of The member’s unreasonable actions Degree is unable to perform the contracted warranty services. The total refund Degree is willing to make is $1,906.32."