Floyd Glass & Window

Initial Business Response /* (1000, 5, 2015/06/23) */
On one hand, I am happy that our customer has finally submitted this the the Revdex.com as I have been asking if we could avail ourselves of the Revdex.com's mediation for time
On the other hand, I am dismayed that he has chosen to paint this
issue in what I can only describe as a caricature of the true eventsI have all our the emails that have gone back and forth between myself and the customer and am more than happy to submit them to bring clarity to this caseTo begin the conversation with the Revdex.com, I have copied the text of my first response to the customer below and am happy to submit the full discussion upon request
______
Customer,
I do understand your frustrationThis job as been frustrating for us as wellI do appreciate you sharing your view of the situation as we always try to keep the customer's view in mind as we proceed through projectsWith that said, I do hope you will indulge me to share MY side of this situation
The original measure for the shower enclosure was scheduled for April 24thWe arrived to find that the tile work was not completeWe explained at that time that we do not do measures until the enclosure is completely finished since we cannot alter the glass if something in the enclosure moves even slightly
We were called back out on May The enclosure was STILL not completeThe granite top for the half-wall was on site, but not adhered to the half-wallWe again expressed our concern that there were still movable pieces involved with the shower enclosure and requested that we be allowed to come back out once it was glued downWe were informed that time was of the essence and assured that there was no way the granite would move
Against our better judgement, we compliedWe discussed this concern with you at the time and even added a section into our standard contract which reads:
"Disclosure: Shower Surface Incomplete
Due to the precise nature of custom glass work and because the shower surfaces for this job were not complete during the time of our final measure, Floyd Glass & Window cannot guarantee the accuracy of the measurementsBecause the customer is confident that the sizes will not move during the completion of the shower enclosure, we are happy to move forward with the fabrication process with the customer accepting the risk of ill-fitting glassShould the glass and the completed shower enclosure not match exactly, customer will, of course, have the option to remake the glass to fitAny costs incurred for the replacement piece of labor related therein will be IN ADDITION to the original shower quote which will still be due in full."
This section was in bold lettering directly above the image of the shower which was thought to be the most visible place to place itEven though we had discussed this issue with you verbally, we wanted the legal text to be as noticeable as possible
This contract was signed on Saturday May and delivered to us electronicallyGiven that the timing of the job had been impressed as the most significant factor, we moved the job into production with our fabricators first thing Monday morning May
At 5:17pm on May we received an email from you requesting that we cancel the order because of the delivery timeWe explained that because we had rushed the fabrication, the order had already been with our fabricators all dayWe offered to contact them and see how much (if any) of the glass had been cutWe explained that we would waive all expenses not already incurredSo, if they had already cut one piece...you pay for only one piece, etcYou refused this offer and instructed us go ahead with the job
The glass arrived from our fabricators on May In doing quality control inspection, we discovered a mis-cut from the fabricatorsWe rejected the piece and immediately ordered a replacementWhile this sort of situation is not the norm, it is common enough that we don't normally schedule installation until we have inspected the glassIn this situation, you had urged us to forgo this step and thus we had to cancel the pre-scheduled installation to everyone's frustration
We arrived for installation on June and discovered some slight discrepancies with our measureFirst, measurement from the shower base to the top of the previously unglued granite on the half-wall had increased slightlyThere could be myriad reasons for this, but the discrepancy was slight enough that it could be compensated for during installThe larger issue was that the overhang of the previously un-glued granite had increased from our desired 3/4" to 1-1/2"We do not have a stone saw that can cut a notch deeper than 1"
I immediately contacted youI disclosed the slight increase in the height of the half wallWhile it was within the tolerances that on a install I would have simply corrected for it with the install...having signed a contract expressly stating that I would give you the option to correct issues should the previously un-glued granite piece cause an issue, I felt obligated to inform you
While explaining the issue with the overhang to you however, you informed me that you would have to call me backWe did not reach the point in the conversation which I could offer solutionsInstead, you contacted the General Contractor, *** ***, and told him that we were saying his tile was wrongI have no issue with the tileThe only issue is that we need someone with a larger stone cutter to increase the previously assumed 3/4' notch to 1-1/2"This is a minute fix and having since been in contact with both General Contractor (*** ***) and Granite Installer (***), they have both offered to make the adjustment or lend us the tool needed to make it ourselves
As to whether or not the granite moved...there is a difference of opinion on this matterI stand firm that *** ***, our shower tech would have never requested 1-1/2" overhang and he remains convinced that he requested a 3/4" overhang (which is what we always request when asked)*** *** and *** are convinced otherwise and claim that even though the piece of granite that was there during our measure WAS found to be too short and was replaced with a different piece of granite subsequent to our measure, they remain sure that our measurements remained the sameI think the world of *** both as a person and as a craftsman and in my limited dealings with *** he seems a similar sort of personI would never suggest that they are "lying" as you put it in your letterWhat we have here is jobsite confusion on either our side or theirsAnd in the end it doesn't really matterThese are EXACTLY the reasons we have a policy that requires the shower enclosure to be totally and 100% complete before we do a final measureThese are EXACTLY the reasons I put a disclosure in bold font explaining how uncomfortable we were with this and explaining that should the decision to move ahead with premature measurements and assumptions go sideways, that you would incur that riskYou accepted that risk and now choose to hold me accountable for your choiceYou say that you are "unhappy with the events around your shower enclosure" and I couldn't agree moreI am deeply sorry that the situation I attempted to warn against has come to fruitionHowever, the request that I repay all of your money and pay for the fabrication of your glass out of my own pocket when a) I tried to slow the process down and avoid this situation and b) the shower is ready to be installed with nothing more than a minute solution that multiple parties have offered to supply, is unacceptable
However, with you having lost faith in my company and I having lost faith in your willingness to stand by the agreements you make, I do feel that your suggestion of having *** Glass and Glazing complete the job would be a good optionYour glass has been fabricated and they are more than welcome to pick up your glass whenever they chooseI am even willing to deliver it to them should they rather*** does excellent work and I have no doubt that they can see this project through to a successful completion
To date, you have paid a half down deposit of $1,Subtracting out labor (which has not been done) and hardware (which I am willing to keep in my inventory) and leaving only the custom glass that was fabricated at your request, the total is $With tax that comes to $I would be more than happy to refund the $But, anything more than this and I will, as you say "fight all the way."
Again, I am very sorry that things have gone the way that I feared and remain hopeful that we can find a way to arrive at an equitable departure point for our relationship
___________________

I have attached the text of Floyd Glass & Window's response. Please feel free to contact me with any questions, clarifications, or mediation schedulingThanks

Initial Business Response /* (1000, 5, 2015/06/23) */
On one hand, I am happy that our customer has finally submitted this the the Revdex.com as I have been asking if we could avail ourselves of the Revdex.com's mediation for time
On the other hand, I am dismayed that he has chosen to paint this issue in
what I can only describe as a caricature of the true eventsI have all our the emails that have gone back and forth between myself and the customer and am more than happy to submit them to bring clarity to this caseTo begin the conversation with the Revdex.com, I have copied the text of my first response to the customer below and am happy to submit the full discussion upon request
______
Customer,
I do understand your frustrationThis job as been frustrating for us as wellI do appreciate you sharing your view of the situation as we always try to keep the customer's view in mind as we proceed through projectsWith that said, I do hope you will indulge me to share MY side of this situation
The original measure for the shower enclosure was scheduled for April 24thWe arrived to find that the tile work was not completeWe explained at that time that we do not do measures until the enclosure is completely finished since we cannot alter the glass if something in the enclosure moves even slightly
We were called back out on May The enclosure was STILL not completeThe granite top for the half-wall was on site, but not adhered to the half-wallWe again expressed our concern that there were still movable pieces involved with the shower enclosure and requested that we be allowed to come back out once it was glued downWe were informed that time was of the essence and assured that there was no way the granite would move
Against our better judgement, we compliedWe discussed this concern with you at the time and even added a section into our standard contract which reads:
"Disclosure: Shower Surface Incomplete
Due to the precise nature of custom glass work and because the shower surfaces for this job were not complete during the time of our final measure, Floyd Glass & Window cannot guarantee the accuracy of the measurementsBecause the customer is confident that the sizes will not move during the completion of the shower enclosure, we are happy to move forward with the fabrication process with the customer accepting the risk of ill-fitting glassShould the glass and the completed shower enclosure not match exactly, customer will, of course, have the option to remake the glass to fitAny costs incurred for the replacement piece of labor related therein will be IN ADDITION to the original shower quote which will still be due in full."
This section was in bold lettering directly above the image of the shower which was thought to be the most visible place to place itEven though we had discussed this issue with you verbally, we wanted the legal text to be as noticeable as possible
This contract was signed on Saturday May and delivered to us electronicallyGiven that the timing of the job had been impressed as the most significant factor, we moved the job into production with our fabricators first thing Monday morning May
At 5:17pm on May we received an email from you requesting that we cancel the order because of the delivery timeWe explained that because we had rushed the fabrication, the order had already been with our fabricators all dayWe offered to contact them and see how much (if any) of the glass had been cutWe explained that we would waive all expenses not already incurredSo, if they had already cut one piece...you pay for only one piece, etcYou refused this offer and instructed us go ahead with the job
The glass arrived from our fabricators on May In doing quality control inspection, we discovered a mis-cut from the fabricatorsWe rejected the piece and immediately ordered a replacementWhile this sort of situation is not the norm, it is common enough that we don't normally schedule installation until we have inspected the glassIn this situation, you had urged us to forgo this step and thus we had to cancel the pre-scheduled installation to everyone's frustration
We arrived for installation on June and discovered some slight discrepancies with our measureFirst, measurement from the shower base to the top of the previously unglued granite on the half-wall had increased slightlyThere could be myriad reasons for this, but the discrepancy was slight enough that it could be compensated for during installThe larger issue was that the overhang of the previously un-glued granite had increased from our desired 3/4" to 1-1/2"We do not have a stone saw that can cut a notch deeper than 1"
I immediately contacted youI disclosed the slight increase in the height of the half wallWhile it was within the tolerances that on a install I would have simply corrected for it with the install...having signed a contract expressly stating that I would give you the option to correct issues should the previously un-glued granite piece cause an issue, I felt obligated to inform you
While explaining the issue with the overhang to you however, you informed me that you would have to call me backWe did not reach the point in the conversation which I could offer solutionsInstead, you contacted the General Contractor, *** ***, and told him that we were saying his tile was wrongI have no issue with the tileThe only issue is that we need someone with a larger stone cutter to increase the previously assumed 3/4' notch to 1-1/2"This is a minute fix and having since been in contact with both General Contractor (*** ***) and Granite Installer (***), they have both offered to make the adjustment or lend us the tool needed to make it ourselves
As to whether or not the granite moved...there is a difference of opinion on this matterI stand firm that *** ***, our shower tech would have never requested 1-1/2" overhang and he remains convinced that he requested a 3/4" overhang (which is what we always request when asked)*** *** and *** are convinced otherwise and claim that even though the piece of granite that was there during our measure WAS found to be too short and was replaced with a different piece of granite subsequent to our measure, they remain sure that our measurements remained the sameI think the world of *** both as a person and as a craftsman and in my limited dealings with *** he seems a similar sort of personI would never suggest that they are "lying" as you put it in your letterWhat we have here is jobsite confusion on either our side or theirsAnd in the end it doesn't really matterThese are EXACTLY the reasons we have a policy that requires the shower enclosure to be totally and 100% complete before we do a final measureThese are EXACTLY the reasons I put a disclosure in bold font explaining how uncomfortable we were with this and explaining that should the decision to move ahead with premature measurements and assumptions go sideways, that you would incur that riskYou accepted that risk and now choose to hold me accountable for your choiceYou say that you are "unhappy with the events around your shower enclosure" and I couldn't agree moreI am deeply sorry that the situation I attempted to warn against has come to fruitionHowever, the request that I repay all of your money and pay for the fabrication of your glass out of my own pocket when a) I tried to slow the process down and avoid this situation and b) the shower is ready to be installed with nothing more than a minute solution that multiple parties have offered to supply, is unacceptable
However, with you having lost faith in my company and I having lost faith in your willingness to stand by the agreements you make, I do feel that your suggestion of having *** Glass and Glazing complete the job would be a good optionYour glass has been fabricated and they are more than welcome to pick up your glass whenever they chooseI am even willing to deliver it to them should they rather*** does excellent work and I have no doubt that they can see this project through to a successful completion
To date, you have paid a half down deposit of $1,Subtracting out labor (which has not been done) and hardware (which I am willing to keep in my inventory) and leaving only the custom glass that was fabricated at your request, the total is $With tax that comes to $I would be more than happy to refund the $But, anything more than this and I will, as you say "fight all the way."
Again, I am very sorry that things have gone the way that I feared and remain hopeful that we can find a way to arrive at an equitable departure point for our relationship
___________________