# Kohler 20RESA Composite Housing Base Cracked



## mxsmith4 (Dec 22, 2019)

I have a Kohler 20RESA that was installed in 2012. The base of the housing has cracked three times in the same area. The unit is out of warranty and I am trying to get Kohler to replace the base again.

Has anyone had their base crack? Mine cracked in the middle in between the engine and the generator, photo uploaded.

I'm trying to figure out why its cracking in the same spot. The unit is mounted on a concrete genpad and the other two bases were replaced by an authorized dealer.


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## drmerdp (Apr 10, 2018)

Jees, 3rd base!? I’d have to assume that the concrete base isn’t level or something is sticking out causing it to crack when combined with all the vibrations. 

I’d try your luck with kohlers customer service to at least cover the part.


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## tabora (Sep 6, 2018)

Under Implied Warranty law, a failure within the Express Warranty period "freezes" the warranty for that particular issue. They would have to treat it the same way as the original failure(s). Implied Warranty tends to look at the expected useful life of things rather than the brief Express Warranty period.

New Jersey law recognizes *express and implied warranties*. An *express warranty* is explicitly created in a written agreement or stated verbally. For instance, a consumer contract may say that the consumer is given a certain warranty. Many contracts do this; for instance a contract to buy a car will normally specify that the car will work without defect for, say, 3 years or 36,000 miles. No magic words are necessary to create an express warranty. If the words indicate the seller's intent to make a promise about a product, then it is a warranty.

An *implied warranty* is imposed by the law to protect consumers when products do not work the way they are supposed to, even if there is no express warranty. New Jersey's *Uniform Commercial Code* provides several implied warranties. The first is the *implied warranty of merchantability*. This implied warranty requires that a product be reasonably fit for the purpose for which it is offered for sale. The product must provide what a normal, reasonable consumer would expect it to do. So, for example, a chain saw must be able to cut wood.

An *implied warranty of fitness for a particular purpose* is similar, but the focus is on the consumer, not the merchant. Under this warranty, New Jersey Law requires that the product sold must be fit for the buyer's purpose, if the seller knew or reasonably should have known what the buyer's purpose was. The buyer must also have relied on the seller's expertise.

A warranty regarding the quality of goods or services, or to repair or relace them if they are defective, is also a contract under New Jersey law, so breaching the warranty will also be a *Breach of Contract*. Thus, for example, if a contractor built a deck, and the deck collapsed several months later because of defective workmanship, and the contractor failed to repair or replace the deck, the contractor would have breached its contract with the homeowner by failing to repair or replace the deck. New Jersey breach of contract law gives the consumer a means to recover her losses.

Warranties which are deceptive may also violate New Jersey's Truth-in-Consumer Contract, Warranty and Notice Act, the federal Deceptive Trade Practices Act, and New Jersey's Consumer Fraud Act.


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