My 80 year mother has a Burnham boiler that has a 10 year warranty on the heat exchanger which has rusted out and needs to be replaced. The warranty is for no charge for the first ten years and a service charge starting in year eleven. The boiler was installed nine years ago. Burnham says that they will "give" her the Heat exchanger for $575.00 or a $700.00 credit to the purchase of their MegaSteam boiler series which they say is a upgrade boiler. As of October 2010 they were giving these heat exchangers free to people with defect Heat exchangers. They now require people to pay for the Heat exchanger. The rep at the supply house said that they get at least one call a week on these boilers. I want to send them a Chapter 93 Demand Letter to Burnham who is located in Lancaster PA. but who have at least five rep's in this area. Do I send the letter to PA or try to find an address of the rep who denied the request for Burham to honor their warranty. What amount do I use in the demand letter. The cost of a new Heat exchanger or the cost of a new boiler which I think would be a better choice because I do not have much faith in their heat exchangers. A boiler should last longer than nine years. Thanks
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Editor's Response
I would send it to the company in PA AND to the rep who sold your mother the equipment. In terms of damages, you should be realistic and try to figure out what you are actually entitled to under the written warranty. The MA Office of Consumer Affairs has lots of useful information about Demand Letters. You can also check out the many threads on this subject in our MA Consumer Law Discussion Forum. Also, you can follow this link for a sample 93A demand letter. Good luck.
Hi. I was hoping to find out
Hi. I was hoping to find out how this turned out, if possible. We have this exact same issue right now. Mother's house has 9 year old Burnham steam boiler w/ 10 year warranty, which needs replacement. Burnham's local rep. had offered new block for over $500 plus shipping; we are confirming all needed parts (retrofit parts, etc.) will be included and not just the block, but need to confirm this. My calls to Burnham Customer service in PA the past two weeks have been futile and finally got the Royal runaround yesterday; they made the immediate assumption that failure of the boiler is due to "corrosion", and not a "defect", so it's not covered and offered nothing aside from what its local rep. may have offered. I am wondering how you made out, what amount did you request, etc. to assess whether it's worthwhile to send a Demand Letter to PA. Thank you!
Burnham Boiler
HI, I did not send the Chapter 93 letter. There is law firm in that is gathering information to file a class action suit.
Wenjie Cai Paralegal
t 415.956.1000 ext. 2215
f 415.956.1008
Lieff Cabraser Heimann & Bernstein, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Class action vs. 93A
I know nothing bout this law suit or about the firm that is organizing it. However, individuals need to consider that, in some cases, especially given the robust nature of the Massachusetts Consumer Protection Act (93A), consumers in MA may be better off suing under 93A than joining a class action.