Date: December 12th, 2008
To: Petters / MLO Appliance Consumers
From: Jarden Consumer Solutions
Subject: Sunbeam Major Appliances and Compact Refrigeration Appliances
May this memo serve to provide you with the most up-to-date information available to Jarden Consumer Solutions (“JCS”) to help steer you in the right direction to resolve your issues.
First, a point of clarity: JCS owns the Sunbeam® and Oster® trademarks, but in this case licensed these trademarks to Petters Consumer Brands, LLC, which changed its name earlier this year to MLO Appliance Company, LLC. MLO Appliance Company, LLC is wholly owned by or otherwise affiliated with Petters Group Worldwide, LLC, which was responsible for your product.
Next, on September 10, 2008, JCS was notified that MLO Appliance Company, LLC was discontinuing its business operations, becoming insolvent and defaulting on its obligations to its secured lender, Petters Capital, Inc. Further, Petters Capital, Inc., the secured lender of MLO Appliance Company, LLC, has reportedly now taken possession of and is liquidating MLO Appliance Company, LLC’s assets.
To date, Chapter 11 bankruptcy cases have been filed for Petters Group Worldwide, LLC, Petters Company, Inc. and Petters Capital, Inc.
JCS, as the licensor of the trademarks, did not design, manufacture, market, distribute or sell any licensed product manufactured by or on behalf of the Petters Companies. As you can see from the information provided, JCS is not the controlling party in the matters concerning your products and therefore is not liable or responsible for the licensed products manufactured by or on behalf of the Petters Companies.
As such, any warranty that applies to the product you purchased was offered by the Petters Companies. Prior to discontinuing its business operations, MLO Appliance Company, LLC provided and managed any and all customer care and after-sales support for the licensed products manufactured by or on behalf of the Petters Companies. Thus, the Petters Companies are responsible for any and all warranty obligations as clearly stated in your warranty documentation.
Although this is an unfortunate situation, you have a few options at this time to help get your issues resolved.
- First, you can return to the retailer from which you purchased the product to inquire about assistance.
- Next, you may try to contact A.P. Wagner at 1-888-279-2463 or www.apwagner.com to try and get assistance with replacement parts and repair tips.
- Finally, JCS suggests that any affected consumer contact:
- The receiver appointed in United States of America v. Thomas J. Petters, et al., Court File No. 08-FC-5348 ADM/JSM:
Douglas E. Kelley
Kelley & Wolter PA
E-mail: dkelley@kelleywolter.com
Web site: www.kelleywolter.com
- And/or counsel for the Petters Companies in the Chapter 11 bankruptcy cases. JCS believes the contact information for Petters’ counsel is as follows:
James A. Lodoen
Lindquist & Vennum.
4200 IDS Center
80 South Eighth Street
Minneapolis, Minnesota 55402
Thank you for your patience in this matter. JCS regrets that any consumer is inconvenienced because of troubles with the Petters Companies and hopes the options above will provide viable alternatives to get your issues resolved.
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