Response to Case ID [redacted] Date: July 23, 2016 The complaint boils down to a simple dynamic: Mr. [redacted] signed a contract with specific terms that he refuses to acknowledge or abide by. The warranty / guarantee terms are clearly spelled out first in item 6 on the front page and in further...
detail in item 6 on the back page-both pages of which Mr. [redacted] signed. Both items are clearly spelled out and state that systems are only warranted / guaranteed if the purchaser has the seller perform both Spring and Winter service -AKA Required Service. The purchaser in this case not only “wants his cake but wants to eat it too”. If he wants a warranty / guarantee he must perform the required service as specified in the contract. That is what a contract is for-to specify and state the terms of the agreement that are binding on both parties. If he merely paid the service charge as requested (and received the “Spring” service portion of the contract) then there would be no charge to rectify a purported warranty / guarantee issue as his warranty / guarantee would have been reinstated. The Spring service can be done at any time during the calendar year prior to Winter service. I say “purported” as the issue may not be warranty / guarantee related at all until inspected by a company representative. He claims that something was “installed incorrectly” but that remains to be determined. For the record I further state the following: There is nothing “unclearly stated” in the contract Mr. [redacted] signed-it is in plain English. I did not “rush” Mr. [redacted] into signing a contract. He had work he wanted done soon and I had him sign a contract. I do not work without signed contracts. The gist of his statement implies that he wanted the work done with no formal agreement. 3. I never told him he didn’t read the entire contract because it “was so wordy”. Those were his words. I told him that if he did not read the entire contract that does not invalidate said contract. Most people do not read contracts and agreements in full. Furthermore I made no “boast” to him about teaching contracts. When Mr. [redacted] claimed that the contract terms I was referring to did not exist I informed him that I wrote them myself and told him to read them. I simply stated to him that I have taught classes for various industry associations regarding contractual clauses and issues and know what a contract involves. 4. He further stated that I should come and fix his issue regardless of the terms of the contract as he refused to pay for the required service. I did tell him that “a contract is a contract” and said contracts exist so that there is no ambiguity between the parties. He then tried to guilt me into breaking the contractual terms via enticement towards additional work to be done. I refused as any trust between us had evaporated by this point in the conversation. Since the additional work he had in mind would require another contract, and Mr. [redacted] was demonstrating that he has no intention of honoring any contracts there was no way I would work under those circumstances. 5. My conversation was polite and direct at all times. However Mr. [redacted]’s manners are questionable. My customer service does not involve changing any contractual terms. After 50 years in business I have had to deal with all types of people and as in the case of Mr. [redacted] when some of them don’t get what they want they get nasty. He called me a jerk at the end of our conversation at which point I said that if all you can do is call me names then our conversation has concluded. I then hung up. 6. Finally my wife has never been to Mr. [redacted]’s property. She runs my office in Fair Lawn. [redacted] Raffiani President Raffiani’s Automatic Sprinkler Service
Response to Case ID [redacted] Date: July 23, 2016 The complaint boils down to a simple dynamic: Mr. [redacted] signed a contract with specific terms that he refuses to acknowledge or abide by. The warranty / guarantee terms are clearly spelled out first in item 6 on the front page and in further...
detail in item 6 on the back page-both pages of which Mr. [redacted] signed. Both items are clearly spelled out and state that systems are only warranted / guaranteed if the purchaser has the seller perform both Spring and Winter service -AKA Required Service. The purchaser in this case not only “wants his cake but wants to eat it too”. If he wants a warranty / guarantee he must perform the required service as specified in the contract. That is what a contract is for-to specify and state the terms of the agreement that are binding on both parties. If he merely paid the service charge as requested (and received the “Spring” service portion of the contract) then there would be no charge to rectify a purported warranty / guarantee issue as his warranty / guarantee would have been reinstated. The Spring service can be done at any time during the calendar year prior to Winter service. I say “purported” as the issue may not be warranty / guarantee related at all until inspected by a company representative. He claims that something was “installed incorrectly” but that remains to be determined. For the record I further state the following: There is nothing “unclearly stated” in the contract Mr. [redacted] signed-it is in plain English. I did not “rush” Mr. [redacted] into signing a contract. He had work he wanted done soon and I had him sign a contract. I do not work without signed contracts. The gist of his statement implies that he wanted the work done with no formal agreement. 3. I never told him he didn’t read the entire contract because it “was so wordy”. Those were his words. I told him that if he did not read the entire contract that does not invalidate said contract. Most people do not read contracts and agreements in full. Furthermore I made no “boast” to him about teaching contracts. When Mr. [redacted] claimed that the contract terms I was referring to did not exist I informed him that I wrote them myself and told him to read them. I simply stated to him that I have taught classes for various industry associations regarding contractual clauses and issues and know what a contract involves. 4. He further stated that I should come and fix his issue regardless of the terms of the contract as he refused to pay for the required service. I did tell him that “a contract is a contract” and said contracts exist so that there is no ambiguity between the parties. He then tried to guilt me into breaking the contractual terms via enticement towards additional work to be done. I refused as any trust between us had evaporated by this point in the conversation. Since the additional work he had in mind would require another contract, and Mr. [redacted] was demonstrating that he has no intention of honoring any contracts there was no way I would work under those circumstances. 5. My conversation was polite and direct at all times. However Mr. [redacted]’s manners are questionable. My customer service does not involve changing any contractual terms. After 50 years in business I have had to deal with all types of people and as in the case of Mr. [redacted] when some of them don’t get what they want they get nasty. He called me a jerk at the end of our conversation at which point I said that if all you can do is call me names then our conversation has concluded. I then hung up. 6. Finally my wife has never been to Mr. [redacted]’s property. She runs my office in Fair Lawn. [redacted] Raffiani President Raffiani’s Automatic Sprinkler Service