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Oaks vs. Sears Roebuck Co (Kenmore barbecue grills)

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LINK   Deadline 01/26/2018 PROOF REQUIRED
Welcome to the Oaks vs. Sears Roebuck Co. support website. This website has been established in order to provide class action members with information regarding the lawsuit against Sears Roebuck Co. 

The lawsuit alleges that certain Kenmore barbecue grills, with model numbers 01566, 03495, 16142, 16154, 23673, 23676, 23681, 23682, 23683, 23766, 34172, 34176, 34178, 34308, and 34611 (the “Grills”), sold by Sears were manufactured with firebox trays made out of galvanized steel, making the firebox trays defective and resulting in the firebox trays rusting and failing prematurely.  Sears denies the claims of Plaintiffs, denies all allegations of wrongdoing, fault, liability, or damage of any kind to Plaintiffs or the Settlement Class, denies that the Grills were defective in any way and that it acted improperly or wrongfully in any way, and is entering into this Settlement to avoid burdensome and costly litigation.  The Settlement is not an admission of wrongdoing.

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Holy crap. Just had to internet source a non-Sears firebox trays version 6 months ago for my 2-year-old kenmore grill. It's a pretty damn important piece and the last line of defense between your propane tank and the freaking flames. Don't know if mine was rust as much as built-up charrings that fell and accumulated. I saw them burning on their own once well after I had turned off the grill. I Think they burned clear through whatever the piece of crap "metal" they were sitting on. Stainless steel don't ignite with some warm greasy chicken on it! something something jet fuel and steel beams.

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There are 5 types of claims:
All Class Members who submit a valid claim will be eligible for relief. Each Class Member is entitled to no more than one form of recovery from the Settlement; only one recovery is available for each Grill:

Type 1 Claimant:

Definition: Class Members who on the Effective Date possess a Grill which needs repair.

Benefit: Can receive either a free repair to the firebox, a Sears gift card for $180.00, or a $125.00 cash payment.

Type 2 Claimant:

Definition: Class Members who do not on the Effective Date possess their Grill and did not purchase a replacement, but who can provide required evidence of material rusting of their Grill.

Benefit: Can receive either a Sears gift card for $180.00 or a $125.00 cash payment.

Type 3 Claimant:

Definition: Class Members who on the Effective Date possess a Grill, Model #23682, which was not repaired or replaced and cannot be repaired by the grill kit developed by Sears.

Benefit: Can receive either a Sears gift card for $180.00 or a $125.00 cash payment.

Type 4 Claimant:

Definition: Class Members who on the Effective Date possess a Grill and already paid Sears to repair the Grill.

Benefit: Can receive reimbursement of the amount paid to Sears for parts, labor, fees, or otherwise, for a repair to or replacement of the firebox on the Grill, including service charges.

Type 5 Claimant:

Definition: Class Members who purchased a replacement grill prior to the Effective Date of the Settlement (It does not matter if it is in their possession any more or not).

Benefit: Can receive either a repair kit, or up to a $300.00 cash payment for the price of the replacement grill.

Type 6 Claimant:

Definition: Class Members who purchased the Grill between January 1, 2011 and December 31, 2013, and who purchased a replacement within 2˝ years of the original purchase, but do not on the Effective Date possess their Grill and cannot provide any photographic evidence of rusting or of a complaint to Sears about rusting,

Benefit: Can receive a Sears gift card for $45.00.

To be eligible for a repair or other recovery, the Grill must exhibit Material Rusting of the firebox, but be otherwise functional and in working order. Only the original purchaser or recipient may receive recovery. Material Rusting means rust impacting the structural integrity of the firebox tray, evidenced by a visible hole and/or break in the firebox caused by rust.

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What is this Effective date they are talking about? I assume it's the effective date of this class action, but I can't find the exact date.

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jolapo said:   What is this Effective date they are talking about? I assume it's the effective date of this class action, but I can't find the exact date.
  Who is included in the Class?ANSWER:You are a member of the Class if you purchased or received, not for resale, a new Kenmore Grill with a galvanized steel firebox bearing one of the model numbers 01566, 03495, 16142, 16154, 23673, 23676, 23681, 23682, 23683, 23766, 34172, 34176, 34178, 34308, or 34611, which was manufactured between October 1, 2011 and September 30, 2014. 

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Where is the grill # on grill??

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vickh said:   Where is the grill # on grill??
  Do you mean the model number?
 

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I gave my grill away for scrap a few months ago after the drip pan and parts of the firebox disintegrated.  I don't have any pictures of the damage and I didn't report a complaint to Sears. I suppose I'll submit the paperwork under option #2 with a photo of the grill that I posted online trying to give the grill away. Any other ideas?

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Has it been finalized yet and have they started fixing them or paying out yet
 

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bambiblstr said:   Has it been finalized yet and have they started fixing them or paying out yet
  The link is there for you to go to the site. 

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