ABC Air Conditioning, Inc.

Dear Ms. [redacted]:

I am legal counsel to ABC Air Conditioning, Inc. I write in response to your demand letter of 28 August.

As I understand your letter, my client installed a Lennox system in your home in June 2010. In January 2013, you hired [redacted] to perform a routine...

annual maintenance. In spite of you having no issues with the system or its operation, [redacted] advised you that the installation my client performed in 2010 did not meet the 2012 mechanical code. Thus, [redacted] somehow talked you into paying them over $1,000 to rectify these ''problems". I agree that you were a victim here, but not by ABC Air Conditioning.

Eschewing for the moment the most obvious issue (namely that [redacted] was citing you to the 2012 code for work performed two years earlier in 2010), I note that your system was operating flawlessly. You will please also note that nothing in the building codes, your contract, or elsewhere, requires you or ABC Air Conditioning to anticipate a code change. Likewise, nothing in the building codes, your contract, or elsewhere, requires you or ABC Air Conditioning to bring old work up to current code (total replacement notwithstanding). Old work is customarily always grandfathered in to the code in force at the time the work is done. Your situation is such a case. But assuming that such were not the case, and assuming there was an obligation to bring the work up to current code, your corresponding obligation would have been to press this as a warranty claim back to ABC Air Conditioning. ABC Air Conditioning then would have been obliged to perform that work for you at a reduced charge and/or at no charge. However, you did not contact ABC Air Conditioning, and I surmise that no one at [redacted] suggested that you do. And why would they, given that [redacted] so easily convinced you to part with $1,000 for work that did not need to be performed?

I fear you were taken advantage of by an [redacted] salesman/technician who did not have your best interests at heart. The evidence of that fact is further subsumed in the reality that [redacted] also failed to tell you that by modifying the system that ABC Air Conditioning installed, that [redacted] also voided whatever warranty, if any, that may have existed on my client's work.

So, with our apologies, no check shall be forthcoming.

Sincerely,

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

I rejected ABC Air Conditioning, Inc.'s complaint because, due to the danger that was involved, I felt their response was not truthful and was a way of putting the blame on [redacted].  ABC had time to rectify these dangers when they came for my annual maintenance.  Apparently, they either did not check or disregarded the problems. Although the system ABC installed, and no problems occurred for 2 years, the electrical wiring could have caused a fire at anytime which has happened to others unexpectedly as we read in the papers all the time.  Their failure to accept responsibility was somewhat expected due to the fact that in doing so,would subject them to more scrutiny from other agencies.  [redacted] not only cited the codes but they also took pictures.  Would they have cause the temporary damage only to take picture, then correct the damage so as to blame ABC? Highly improbable. I was entitled to call another company for maintenance to my a/c.  I am thankful that I did as these serious, dangerous problems could have caused lose of lives. In conclusion, I am considering going to small claims court.  [redacted] it is not the money but the ineptitude and unprofessionalism of ABC A/C a licensed co.  that could endanger others which I feel that I should make aware to the court and other agencies.

Regards,[redacted]

I have been a customer of ABC Air for over 5 years, since they installed a new rooftop AC/heat unit for me. I have since used them for regular maintenance on the unit. The owner and his technicians have always been prompt, professional, and helpful. When I recently had a problem with my thermostat, they had a technician over within a couple of hours to replace it. You can't beat that level of service in this busy time of year. I am happy that I have found such a reliable, honest company to rely on for our heating and cooling needs.

Review: On June 1, 2010 ABC A/C Inc. installed a new Lennox a/c at my residence. We continued with the co. for annual maintenance until Nov. 9, 2011; when during this time their technician could have rectify these violations. On Jan. 4, 2013 we employed a new co., [redacted] for maintenance. The technician found 5 dangerous violation concerning electrical wiring and anchorage as well as installation of to small a pan and piping.. The technician took and sent pictures as well as copies of the code #304.4, 307, 309.0 and 310.2 from the 2012 International Mechanical Code book to me. We could not afford the $2,034.00 for these costly and dangerous repairs and had to wait until Nov. 29, 2013 to have these violations corrected.

On Aug. 28, 2014 I sent a certified, signed receipt request, letter addressed to Mr. [redacted] at ABC A/C Inc. Enclosed were listings of his invoice numbers for the installation and three maintenance jobs which came after the installation. Also included were the pictures sent to me from [redacted] and the code violations numbers as well as an email from [redacted] with a complete and specific break down of every code violation.

In tracking the certified letter I have gone online as well as called the post office. The information I received was that it was undeliverable at that address. I do not believe this to be true as they are still in business and I had the correct address.Desired Settlement: In my letter to Mr. [redacted] I only asked for the $2,034,00 but now I'm thinking of asking for the three maintenance payments as well that I paid to them.

In my letter to Mr. [redacted] of ABC A/C Inc. I asked that he not reply by phone or email, only by U.S. Mail.

Business

Response:

Dear Ms. [redacted]:

I am legal counsel to ABC Air Conditioning, Inc. I write in response to your demand letter of 28 August.

As I understand your letter, my client installed a Lennox system in your home in June 2010. In January 2013, you hired [redacted] to perform a routine annual maintenance. In spite of you having no issues with the system or its operation, [redacted] advised you that the installation my client performed in 2010 did not meet the 2012 mechanical code. Thus, [redacted] somehow talked you into paying them over $1,000 to rectify these ''problems". I agree that you were a victim here, but not by ABC Air Conditioning.

Eschewing for the moment the most obvious issue (namely that [redacted] was citing you to the 2012 code for work performed two years earlier in 2010), I note that your system was operating flawlessly. You will please also note that nothing in the building codes, your contract, or elsewhere, requires you or ABC Air Conditioning to anticipate a code change. Likewise, nothing in the building codes, your contract, or elsewhere, requires you or ABC Air Conditioning to bring old work up to current code (total replacement notwithstanding). Old work is customarily always grandfathered in to the code in force at the time the work is done. Your situation is such a case. But assuming that such were not the case, and assuming there was an obligation to bring the work up to current code, your corresponding obligation would have been to press this as a warranty claim back to ABC Air Conditioning. ABC Air Conditioning then would have been obliged to perform that work for you at a reduced charge and/or at no charge. However, you did not contact ABC Air Conditioning, and I surmise that no one at [redacted] suggested that you do. And why would they, given that [redacted] so easily convinced you to part with $1,000 for work that did not need to be performed?

I fear you were taken advantage of by an [redacted] salesman/technician who did not have your best interests at heart. The evidence of that fact is further subsumed in the reality that [redacted] also failed to tell you that by modifying the system that ABC Air Conditioning installed, that [redacted] also voided whatever warranty, if any, that may have existed on my client's work.

So, with our apologies, no check shall be forthcoming.

Sincerely,

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

I rejected ABC Air Conditioning, Inc.'s complaint because, due to the danger that was involved, I felt their response was not truthful and was a way of putting the blame on [redacted]. ABC had time to rectify these dangers when they came for my annual maintenance. Apparently, they either did not check or disregarded the problems. Although the system ABC installed, and no problems occurred for 2 years, the electrical wiring could have caused a fire at anytime which has happened to others unexpectedly as we read in the papers all the time. Their failure to accept responsibility was somewhat expected due to the fact that in doing so,would subject them to more scrutiny from other agencies. [redacted] not only cited the codes but they also took pictures. Would they have cause the temporary damage only to take picture, then correct the damage so as to blame ABC? Highly improbable. I was entitled to call another company for maintenance to my a/c. I am thankful that I did as these serious, dangerous problems could have caused lose of lives. In conclusion, I am considering going to small claims court. [redacted] it is not the money but the ineptitude and unprofessionalism of ABC A/C a licensed co. that could endanger others which I feel that I should make aware to the court and other agencies.

Regards,