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Carrier Settles Class Action Lawsuits On High …

Carrier Settles Class Action Lawsuits On High Efficiency Furnaces By Greg R. Wayman, NAHI Certified Real Estate Inspector Millions of homeowners across the U.S. and ...

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Text of Carrier Settles Class Action Lawsuits On High …

Carrier Settles Class Action Lawsuits On High Efficiency FurnacesBy Greg R. Wayman, NAHI Certified Real Estate InspectorMillions of homeowners across the and Canada may soon benefit from the settlement of a classaction lawsuit brought against the Carrier Corporation for allegedly manufacturing defective products cited in the class action suit include high-efficiency condensing furnaces manufacturedafter January 1, 1989 with Carrier, Bryant, Payne or Day & Night on the disputesthe claims in these actions and admits no liability or wrongdoing of any History Behind the Class Action LawsuitsThere were four class action complaints filed in the United States (Washington, Wisconsin, Michigan,and Minnesota) and two class action complaints filed in Canada (Ontario & British Columbia) withanother being proposed in Quebec. The first lawsuit filed was in Washington State in June 2005. Thesuit alleged, From January 1, 1989, Carrier manufactured and sold 90% residential high-efficiencycondensing furnaces that contained defective polypropylene laminated condensing heat exchangers andfailed prematurely. The complaints specified that Carrier manufactured more than three million units with an inferiormaterial in the secondary heat exchangers that may cause premature corrosion and failure. Carrierdenies these any of the other complaints could reach fruition, the plaintiffs and Carrier Corp reached asettlement agreement. The Honorable Ronald B. Leighton, United District Court Judge in Tacoma,Washington, approved the settlement agreement on Nov 20, US/Canada Settlement Agreement and ReleaseOn November 9, 2007, a settlement agreement and release was reached between theplaintiffs ( Canada) and Carrier Corporation. The agreement is a short 66 pages in length. It states Carrierwill pay up to $270 to reimburse anyone who previously experienced a failed secondary heatexchanger. There is a sliding scale of compensation correlating to the age of the furnace. The fullpayment of $270 would go to furnaces 13 years or younger, with lower amounts for older units. Underthe terms of the settlement, anybody who currently owns one of these furnaces but has not yet had anyknown problems will be provided with an enhanced warranty. Carrier will cover, for 20 years from thedate of installation, all parts and labor required for an authorized technician to replace the condensingheat exchanger and associated parts, in event of a mechanical failure. The agreement includesreimbursement of technicians up to four hours of labor. If one doesn t want this option, Carrier willprovide a 1-time, single use credit of the current value of four hours of labor towards a Carrier heatingor cooling product with a minimum retail value of $1, Information For applicable homeowners, the deadline for submitting a claim form is August 1, 2008 created inthe settlement agreement to provide the public accessto notices, claim forms and locations of Carrier and Bryant Models Included In This SettlementCarrier, Bryant, Payne, and Day & Night residential high efficiency (90%+) gas furnaces that operateon natural gas or propane, manufactured after January 1989 are included in the settlement. Below is the specific list of model numbers:Carrier58SX*58DXC58MVP58SXA58MSA 58MVB58SXC58MCA58MTA58DX*58MXA58MTB58DXA 58MCB58MVCBryant/Payne/Day & Night398AAW*350MAV398BAZ490AAV398AAZ340A AV320AAZPG9MAA399AAW*350AAV321AAZPG9MAB3 99AAZ351DAS355MAV355CAV399AAV355BAV355AA V340MAV345MAV355BAV352MAV398BAW352AAV*No te: On model numbers58SX, 58SXB, 398AAW, 399AAW, and 398BAW only those with serialnumbers 89 or higher in the third and fourth position ( xx89xxxxxx) are included in the Monoxide Poisoning ConcernWhen a heat exchanger fails, there is a serious threatof carbon monoxide or other deadly flue gasesmixing into the supply air of the home. Carbon monoxide poisoning can be the unfortunate are a multitude of factors that come into play of why the metal failed from trying to place blameon thefurnace manufacturer, having a bad installation, and a homeowner that doesn t maintain thefurnace properly. Metal will fatigue and fail over time. I find a cracked heat exchanger in one third ofthe furnaces I inspect. Under the right conditions, anyfurnace can fail prematurely regardless ofmanufacturer. For this reason, it is always in the best interest of a homeowner to have their furnaceserviced annually by a licensed HVAC Technician. Once a crack forms in the heat exchanger, no onecan predictwhen carbon monoxide will start leaking into the supply air and blow throughout the 2002-2008 F2R, Inc. All rights , Inc. Phone: (402) 330-1701

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