Better Electrical

Refrigerator runs constantly, loud, ice on floor, safety issue for husband. Whirkpool refrigerator [redacted], purchased 7/5/14 for $1337.69 COD by check. Immediately noticed constant loud running and ice spitting g out from ice maker. Contacted whirlpool first, they sent technician out. He said noise was normal, this appliance is noisy. Nothing he could do but added he thought consumer has 30 days to return I satisfied appliance. I went to better electric and told dealer of call. He said if whirlpool gives him the OK to return it he will take it back, I contacted whirlpool again, told them about the noise and safety problem with the ice all over floor. Sent technician again, noise loud running normal, tends to spit ice on floor. I again voiced my concern about my husbands safety. He has had 3 major surgeries since June 16 and still in hospital.. Technician said appliance not defective, that is how they are made and again said that I may have 39 days to return it. Product was delivered 7/14. I absolutely fear that the ice will be an issue as my husband has had toe amputated, leg fuse, bypass [redacted] on leg and permanently on a walker. He never will be able to get quality sleep-rest with constant loud running refrigerator.Desired SettlementI want to return/exchange refrigerator for a quieter running model and one which is more quality made.Business Response Contact Name and Title: [redacted], [redacted]Contact Phone: XXX-XXX-XXXXContact Email: [redacted]@aol.comThis customer had originally ordered a refrigerator with no water/ice dispenser. We ordered this and received it in our stock in our warehouse. Before delivery was taken by the customer, she called to cancel the original one and now wanted a refrigerator with a water/ice dispenser. We sent back the original one and ordered her the one she requested. It should be noted that she had a height restriction in the space it was going to fit into. She received delivery of the model she choose. She initially called the Whirlpool Factory Service who maintains the warranty on their appliances. The service tech found nothing wrong with the operation of this refrigerator and informed her that the operating sound was normal for a new refrigerator today. Refrigerators made today run differently then older models. They operate at a higher pitch hum and run longer in order to conform to the Energy and Government standards set forth. The customer came in to see me after this and wanted to return the refrigerator. I explained to her that if there was something wrong with it, I would have the problem corrected. The service tech came to her home again and checked out the refrigerator but again stated there was nothing wrong with this. In the State of Massachusetts, a consumer has the right to return or repair a defective unit however there is nothing wrong with this refrigerator per the Whirlpool Factory Service. I do not have a satisfaction guarantee on the appliances. If you have any further questions, I would invite you to contact the Whirlpool Factory Service at X-XXX-XXX-XXXX. We have been in business since 1948 and have been a member of the Revdex.com for many, many years. We always try to help our customers but you can't fix something that's not broken. Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.)He is incorrect in saying I originally bought a refrigerator without water/ice dispenser. I did but when I went in to view other models I found one with water/ice dispenser on door but ice was kept in door not in freezer allowing more room. My husband was and is hospitalized so I had to take delivery few days later than originally planned. I realize new units run louder and longer, however, the tech said samsung models are much quieter. The ice maker still spits ice cubes all over the floor. My husband is handicapped / disabled and on a walker. He has been in hospitals and rehabs the past two months and. Not home yet. If he falls on ice on floor I will file a lawsuit against whirlpool. I know and respect the dealer. I have bought most of my appliances from him and he is reputable. However, when it comes to exchanges, or unsatisfied customers ,something I have never had to do on the past, much is lacking on his part and whirlpool.Final Business Response Contact Name and Title: [redacted], [redacted]Contact Phone: XXX-XXX-XXXXContact Email: [redacted]@aol.comThe customer received the exact model that she wanted and ordered. The only products that give a decibel (sound) rating are dishwashers. It is impossible to say what the decibel ratings for any other products are. A Whirlpool Factory authorized service needs to give a written report that the product is defective and call it into the Whirlpool Partner Team in order for us to proceed. Any replacement orders must come from the manufacturer, in this case, Whirlpool. As I understand it, the customer has already had on 2 occasions, a Whirlpool Factory Tech who have not declared the product defective. Again, I do not have a satisfaction guaranty. Final Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.)Ice continues to fall from ice maker all over kitchen floor. It is a safety hazard for us.