Beldon Chicago

Unfortunately, we believe that there was some
misunderstanding between the Customer and LeafGuard Chicago, LLC (“LeafGuard”),
and LeafGuard apologies for any role it might have played in that
misunderstanding. The fact that the
Customer pre-paid for the whole job upfront played no part in
the
misunderstanding occurring. It was the
Customer who wanted to pay the full amount upfront. Actually, our policy only requires 1/3rd down payment. At this time, LeafGuard
has addressed to the extent it could all of the items raised in the Customer’s
compliant. Thus, LeafGuard now considers
this matter closed.Prior to him making his Revdex.com complaint, LeafGuard had already
addressed the Customer’s concern regarding a corner piece of old gutter system
that the Customer found in his yard, including the General Manager personally addressing
the matter. Previously, the Customer
twice indicated that it was a single piece and not two pieces of gutters that
he found in the yard. Although LeafGuard
may have left the corner piece of the old gutter system on the roof, it did not
breach the contractWhile LeafGuard regrets that a piece of the gutter system
might have been left on the roof, the installation crew would not have been
able to see it from the ground, considering that the roof is over two stories
above the ground. The Customer
acknowledged as much in his complaint. Other
than the unseen piece, LeafGuard did cleanup the rest of the property. We have advised the Customer that we have
instructed our installation crews to be more conscious of where we put parts of
a gutter system that have been removed.Contrary to the Customer’s complaint, LeafGuard responded to
the Customer’s September 21st email.
In his email, LeafGuard noted concerns with the warranties that he
received with the purchase of a LeafGuard gutter system. This was the same concerns he addressed over
the phone with the General Manager.
Also, all of the applicable warranties are expressly stated in the
contract’s Terms & Conditions.
Consequently, the Customer had the full scope of what would or would not
be covered post installation before he signed the contract and definitely prior
to the three day right of cancellation expired.
It was only after the job was installed that the Customer expressed any
concerns regarding the warranties. When
requested, LeafGuard provided him copies of the warranties via email, which was
the same way we had been communicating with the Customer. As the Customer noted in his complaint,
somehow the age of his computer made the receipt of electronic copies of the
unusable. LeafGuard has honored the
Customer’s request by sending him separately paper copies of the applicable warranties. Furthermore, LeafGuard and/or the
manufacturer has and will honor any valid claim that arise under the applicable
warranties. Other than providing the Customer with the requested paper copies
of the applicable warranties, there did not seem to be any further action
items. Because LeafGuard now has
provided him paper along with electronic copies of the applicable warranties,
there is nothing further for LeafGuard to do at this time. Accordingly, we are considering this matter
closed

Initial Business Response /* (1000, 5, 2015/03/16) */
Contact Name and Title: *** ***,General Counsel
Contact Phone: (XXX) XXX-XXXX
Contact Email: ***@beldon.com
The response to the Customer's Revdex.com's complaint is based on our review of Customer's complaint and
information in LeafGuard Chicago, LLC's ("LeafGuard") job folderThe Customer implies that her LeafGuard gutter system has caused her to have icing/icicle, which she never had before the system was installed, and somehow the LeafGuard gutter system is the primary source for causing ice to form on her driveway and/or front stairsLeafGuard has to respectfully disregard with both of the Customer's contentionsFirst, LeafGuard thoroughly makes/made all potential customers aware of icing/icicles with respect to a LeafGuard gutter systemSecond, how can any gutter system, including a LeafGuard gutter system, be the primary source of ice forming on the ground (i.ea driveway or stairs) during the winter in the Chicago area? Obviously, it cannotthe weather isThe LeafGuard gutter system is operating as designed, and no repairs are necessary to it to prevent the ice forming on the driveway and/or front stairsFor the reasons stated below, LeafGuard is not responsible for any of the issues raised in Customer's compliantAccordingly, LeafGuard considers this matter closed
LeafGuard informs its customers of the issue of ice dams/icicles both orally and in writing prior to a customer purchasing a LeafGuard gutter systemOur sales presentation, which was given to the Customer prior to her purchase, contains slides addressing the issueOur standard sales presentation was given to this Customer on June 24, The contract clearly addresses the issueIt states as follows:
"LeafGuard does not prevent buildup of ice, icicles, or other Acts of God, including water from backing in under shingles causing water damage to soffits, exteriors, and other areas of your buildingThose conditions can only be prevented by the proper installation of an ice and water shield membrane under shingles extending to feet around the entire perimeter of the roofThis membrane protects the roof deck as well as portions of the fascia board to provide a watertight sealLEAFGUARD WILL NOT ELMINATE OR HELP ELIMINATE ICE FORMATION OR ICICLES ON YOUR EAVESIce formation is mostly caused by factors not related to your gutter systemIn fact, you will probably see more ice (icicles) on the outside of the LeafGuard Gutter because conventional gutters tend to collect ice inside the trough whereas LeafGuard is shaped to discourage anything from entering the trough except liquid waterTHEREFORE, IT IS TO SEE ICICLES ON THE OUTSIDE OF THE LEAFGUARD GUTTER, THIS CONDITION CAN BE SEVERE IN SITUATIONS WHERE THERE IS EXCESSIVE HEAT LOSS FROM YOUR ROOFWe make no representation regarding the elimination or prevention of ice formation with the installation of LeafGuardUnlike other gutter systems, we are able, and do warrant that the LeafGuard will not come off or be pulled loose from the fascia board as a result of ice formation."
As they say, the contract speaks for itselfIt clearly states that the LeafGuard gutter system will NOT ELIMINATE or HELP ELIMINATE ICE FORMATION OR ICICLESAccordingly, LeafGuard fully informed the Customer about ice dams/icicles and how it is not responsible for their formation prior to the Customer signing the contract for the purchase of the LeafGuard gutter system
There is numerous authority explaining what causes ice dams/icing/icicles, and it does not have anything to do with a particular gutter system or the alleged quality of that gutter systemThe Minnesota Department of Commerce and the University of Minnesota have published papers indicating that the primary cause of ice dams begins within the house and with heat escaping the home causing the snow to melt, which ultimate re-freezes at the edge of the roof, causing the ice damsAs an example, LeafGuard refers your attention to videos that can be viewed on YouTube that also explains how ice dams are caused (http://www.youtube.com/watch?v=XH5lu4FkEA & http://www.youtube.com/watch?v=f4jW35I5abo)This information is just the tip of the iceberg regarding the information available (e.gthe science behind) the cause of ice dams/iciclesThere are also plenty of newscasts over the past few years that have addressed the ice dam/icicle issueAs you can see from the available authority, ice dam/icing/icicles can occur with our without gutters or any type of gutter system because it is not generally related to the gutter systemThe problem typically lies within the customer's homei.eheat escaping, in part, due to improper insulation and/or ventilationThe Customer acknowledges in her complaint that she had an icing/icicle problem prior to the purchase of the LeafGuard gutter system
LeafGuard has responded to two service calls to Customer's homeUpon examination, LeafGuard's service technician found that the LeafGuard gutter system was operating as designed, although the service technician did made some minor adjustments on the first service callActually, on the second service call, the service technician found no problems with the LeafGuard gutter systemThus, there are no repairs needed to the system
Customer's second issue centers around her belief that if she did not have a LeafGuard gutter system on her home that she would not have ice on her driveway and/or front stairsYet, Customer could have ice on her driveway and/or front stairs with any type of gutter system or none at allThe driveway to Customer's home runs from the street along the side of her home to the detached garage at the back of the propertyThe next door's neighbor's home abuts the drivewaySo, likely when the driveway is cleared, the snow banks align both sides of the driveway right up to the two homesWhen the snow in the snow banks melts during the day, the water would cover the driveway and re-freeze overnight, causing the ice Customer now complains aboutAdditionally, the snow on the roof could melt during the day causing it to fall off the roof covering portions of the driveway and/or front stairsAgain, it could re-freeze overnight causing the iceThis would occur with any type of gutter systemThe only way to defeat ice on one's driveway and/or stairs is to melt itThis can be done by the electric mats used on stairs and/or salt on the driveway
LeafGuard does many things for customer service, even when it does not have a legal obligation to do soHowever, LeafGuard cannot be responsible for every issue that home might have just because LeafGuard installed a LeafGuard gutter systemThis is the situation we have in this matterFor something LeafGuard has no control over, the weather, this customer wants her money backLeafGuard respectfully had to decline Customer's requestAccordingly, we consider this matter closed

Initial Business Response /* (1000, 5, 2015/02/19) */
Contact Name and Title: *** ***,General Counsel
Contact Phone: (XXX) XXX-XXXX
Contact Email: ***@beldon.com
In many cases, LeafGuard Chicago, LLC ("LeafGuard") will do things for its customer in the interest of customer service, even
when LeafGuard has no legal obligation to do soThere are other times when there is nothing LeafGuard can do to for a customerUnfortunately, this is one of those situationsSpecifically, LeafGuard respectfully declines this Customer's request for LeafGuard to install a new open gutter system to replace a LeafGuard gutter system that was installed in April
The Customer asserts that the earliest problems with icicles do not start until over six years (December 2012) after the installation of the LeafGuard gutter systemThere multiple factors that could potentially have caused the relatively recent formation of icicles over the past few yearsYet, in her Revdex.com complaint, the Customer alleges that it has to be related to the LeafGuard gutter system installed nearly nine years agoShe does so by stating that prior to the LeafGuard gutter system being installed in that she NEVER had problems with icicles on her home for yearsBut, the LeafGuard gutter system was not the only change to the home that occurred on April LeafGuard was delayed installing the LeafGuard gutter system until after the Customer had a new roof installed on her homeActually, the roof was finished on April 12th, with the LeafGuard gutter system installed on the 13thIf the events that occurred in April actually contributed to the formation of icicles that last few years, based on the science (see next paragraph) it seems like the roof installation is the more likely cause
There is numerous authority explaining what caused ice dams/icing/icicles, and it does not have anything to do with a particular gutter system or the alleged quality of that gutter systemThe Minnesota Department of Commerce and the University of Minnesota have published papers indicating that the primary cause of ice dams begins within the house and with heat escaping the home causing the snow to melt, which ultimate re-freezes at the edge of the roof, causing the ice damsActually, this is pretty common knowledge in cold weather areas, like the Chicago areaAs an example, LeafGuard refers your attention to videos that can be viewed on YouTube that also explains how ice dams are caused *** *** This information is just the tip of the iceberg regarding the information available (e.gthe science behind) the cause of ice dams/iciclesThere are also plenty of newscasts over the past few years, including in the Chicago area, that have addressed the ice dam/icicle issueAs you can see from the available authority, ice dam/icing/icicles can occur with our without gutters or any type of gutter system because it is not generally related to the gutter systemThe problem lies within the Customer's homei.eheat escaping, in part, due to improper insulation and/or ventilation, although the Customer summarily rejects that either is the cause of the icicles forming on her home
At this time, it is extremely difficult to pinpoint what is causing the icicle problem that the Customer hasIt seems extremely unlikely anything done in done in April (either the installation of the roof or LeafGuard gutter system) would be the cause of icicles that only started a few years agoWhile the last two winters have been harsh in the Chicago area, Chicago has had significant winter in the six winter seasons that followed the installation of the roof and/or LeafGuard gutter systemAlso, there is no way of knowing what has potentially changed with the Customer's home during the six years that followed the installation of the roof and/or LeafGuard gutter system that might have contributed to the formation of icicles
The Customer implies in her complaint that LeafGuard acknowledge verbally and by the language of the contract that a LeafGuard gutters system is the primary cause of icicles "because the gutters are closed." This is not an accurate representation of what any representative said and/or what the contract statesSpecifically, the contract that the Customer and her husband had plenty of opportunity to review and approve clearly states within paragraph of the Standard General Conditions that:
LeafGuard is the finest rain-gutter system on the market; however LeafGuard will not eliminate ice formation on your gutter or eavesIce formation is mostly caused by factors not related to your gutter systemIn fact, you will probably see more ice (icicles) on the outside of the LeafGuard gutter because conventional gutters tend to collect ice on the inside whereas LeafGuard is shaped to discourage anything from entering the trough except for liquid waterTherefore, it is to see icicles on the outside of LeafGuard Gutters, This condition can be severe in situations where there is excessive heat loss from your roof! We make no representations regarding the elimination or prevention of ice formation with the installation of LeafGuardUnlike other gutter systems, we are able, and do warrant, that for a period of five (5) years, that the LeafGuard Gutter system will not detach or be pulled away from the fascia board as a result of ice formation(emphasis added)
As the Customer's complaint has confirmed, it has been nearly nine years, and the LeafGuard gutter system is still firmly intact
The only issue that the Customer has with the LeafGuard gutter system is her belief that it is the cause of her icicle problem that past few yearsYet, the Customer has not complained the LeafGuard gutter system has not properly operated as designedFurther, other than calls related to the icicle issue, the Customer has made no service calls related to operation of the LeafGuard gutter systemNevertheless, the Customer is requesting free of charge for a new gutter system to replace one that has been operating as designedRespectfully, LeafGuard cannot honor the Customer's request to get a free gutter system for one that has been working as designed for nearly nine yearsThus, LeafGuard has to consider this matter closed