Berkshire Hathaway HomeServices Platinum Real Estate

Revdex.com: 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 The assertion that Metro "tried to persuade" me "not to use a solar powered gate operator" is a complete fabricationAlso, that I was told solar would "not have the consistency" of a hard wired gate operator" is an inventionAt no time was this suggested to meI was given a bid price to which I agreedI challenge Metro to provide evidence that its sudden assertion concerning suitability is trueIt is notOnly recently has the suggestion been raised that a solar system was not suitable for my propertyAt the time of the order, Metro was happy to take my $and install the systemMetro, not I, selected the location for the solar panel, which gets plenty of sunlight in summer and winterI agree that I have had a "multitude of problems" with this systemThe first four, as detailed in the service history, had nothing to do with the solar panel or the "suitability" of the system for my propertyI didn't say I "called" on Oct I said I contacted themI did that by email using the company email address we had used for previous communicationsI notified the owner of the latest problem, and sent copies to the receptionist and office manager as well to make sure they received itI did the same on Nov Now Metro claims to know nothing about my latest issue? I agree that Metro has sent service personnel out to remedy the various issuesThe problem, as evidenced by the service history, is that the supposed "fixes" never last for longThe system is clearly defectiveI continue to ask that Metro remove it from my property and refund my $ Regards, [redacted] ***

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
Metro's position continues to be that, at the time of the sale, they didn't believe that solar was an appropriate choice for my situationHowever, that explanation is not supported by the factsIt has only been offered as a defense since I filed my Revdex.com complaintAs I have explained previously, it was never suggested to my by Mr***, Metro's representative, that solar was not an appropriate solutionI originally was going to use an electric opening system, but subsequently found it would cost several thousand dollars to run electricity to the gateWhen I asked Mr*** for a solar quote instead, he readily provided oneThere was never a discussion that it might be unsuitableNor was it ever suggested that the location of the solar panel was not a good one(Metro could have recommended a different location if they thought so.)In short, Metro could have told me solar wasn't a good choice, or that the location of the solar panel wasn't a good choice, or shared any variety of other concernsThey did none of these thingsThey gladly took my order and took my money.And none of this addresses Metro's failure to stand behind what they soldThe many problems outlined in my original complaint were addressed one at a time (with the gate system failing to operate correctly for weeks at a time along the way), but it was always a matter of fixing the symp***s and never the root causesIt's interesting that Metro has now brought in their expert for an opinion, but never did so over the many months of trying to find a permanent solutionIf Metro won't remove the system and refund my $4,000+ purchase price, I'll settle for a $1,refund and will use that to search for a solution on my own (since Metro refuses to service the system further and has left me with a six-month old system that doesn't work)
Regards,
*** ***

I wanted to forward this email to you to show that we initially quoted Mr*** an electric gate operator on 9/8/ Thank you.*** *** *** ***metrofence and wholesale*** *** ***
*** ** ***
** ***
** ***
***
*** *** *** ***
*** *** *** *** *** *** **
*** ***
*** *** *** *** *** *** *** *** *** *** *** *** ***Subject: Metro Fence Quote ***,Good morningAttached is the Metro Fence quote you requested prepared by *** ***.Please read through the quote thoroughly. Should you have any questions please call ***. If you find this quote acceptable, please sign it and return it to the office with the 20% deposit. Thank you for the opportunityHave a great day.*** ***, Secretarymetrofence and wholesaleBishop LaneLouisville, KY 40218** ***
** ***
***
***In addition, below is the email from the vendor sales rep on his expert opinion on the issue with the solar gate operator that was installed at Mr*** home on February 18, 2016. Please note that we were added the solar gate operator to Mr***’s existing double drive gate so the placement of the gate operator, control panel, etchad to be installed based on where his existing gate was located.I forwarded you a copy of the email were we sent a quote to Mr*** on 9/8/for an electric gate operator with him having the electric done by a vendor of his choice but he then asked for a quote on a solar powered system. We provided Mr*** with a price to install a solar-powered gate operator on September 17, and as you can see by the attached email he sent on December 30, 2015, he opted to place an order for a solar-powered system instead of the electric gate operator we initially quoted. Our position stands that we installed what Mr*** requested.Please let me know if you need any additional information.Thank you.*** ***, Office Mgr.metro fence and wholesale *** *** ***
*** ** ***
** ***
** ***
***
***F* *** *** ***
*** *** *** *** *** *** **
*** ***
*** *** *** *** *** *** *** Subject: Viking Gsolar ***,After visiting the residence today with the Viking Gsolar operator I found some issues regarding the placement and surroundings of the solar panelIt is highly recommended that all solar panels are mounted as close to the control panel as possible and are mounted where the panel is clear of all obstructions to receive peek amount of sunlightThis panel is getting obstructed by the fence line and bushes next to the panel plus the many trees surrounding the entrance from both directions are a major concern on this installationAnother risk with solar applications in this area is the low amount of sunlight we get during winter monthsOne possible solution is to install a second solar panel and run them off of two amp hour batteries but we still may have charging issues because of the current site conditionsI highly recommend having electric run to the operator control panel to resolve this issueIf you have questions regarding this situation please contact me.Thanks,*** ***Pro Access SystemsSoutheast Regional Sales***

I would like to let you know that Metro Fence did correct the problems to my complete satisfaction.The owner, Mr*** met with me personally and made sure that he understood my issues and had his crew come out to fix everythingI appreciate his time and commitment to satisfy his customersIf you could please update the file and post this as the response I would appreciate it

Response: On September 9, 2016, Metro Fence employees, *** *** and *** *** went to install 48”h aluminum fence for Mrand Mrs***Metro Fence calls to mark public utilities before we start any job in which we are diggingAll of our quotes say that the customer is responsible
for having any private utilities, which include, private electric lines for pools, sprinkler lines, pool water lines, etcmarked because public lines have tracers so that they can be located and private utilities do not, therefore it is the responsibility of the customer to know where there private utilities are located so that they will not be damaged during diggingWhen *** got to the jobsite he saw that the ***’s had a pool but saw that there were no private utility marks, only public utilities i.e***, ***, water, sewer and cable, had been marked with flags and/or painted lines to show the direction in which the utilities run*** walked the entire fence line with the ***’s to confirm that the layout on his work order was correctMrand Mrs*** confirmed where the fence was to goThis clause is also stated on all of our quotesThe customer is responsible for the location of the fence line*** then informed Mrand Mrs*** that he did not see any private utilities marked and Mr*** informed *** that there was an electrical line one area and told him verbally the direction in which it ranHe then told *** that there were no other utilities in the fence line*** informed Mr*** that he would hand dig that area where Mr*** stated there were private utilities, instead of using our Dingo, which is a motorized digger with an augerWhen *** came to the area in which Mr*** told him there were utilities, he hand dug that holeHe dug about 18” down and found the electrical line that Mr*** stated was there at which point he told Mr*** that there was a line in the area in which he, Mr***, had statedHe then asked Mr*** in which direction he wanted to divert the fence line in order to miss the electrical lineMr*** showed *** where he wanted the fence line diverted and then left the premises*** diverted the fence line and then started digging the rest of the post holes with the Dingo because the rest of the fence line was clear of public utilities and from what he was verbally told by Mr*** clear of all private utilities as wellAs *** was digging, he hit a water line to the poolHe immediately stopped digging and went to the house to let Mrs*** know that he had hit a water line for the poolMrs***’s response was “our pool guy told us that line ran in the opposite direction, it’s OK, don’t worry about it*** then called into the office to inform us that he had hit a line***, our office manager, spoke with Mrs*** as well and she reiterated that they did not know that the line was there and for us to finish the job and just leave that hole open so that it can repaired and we can come back and finish after the pool line was fixedMrs*** also stated how professional and polite *** and *** were and that she was very satisfied with them*** finished the job, excluding the (1) fence panel and post where the pool line was hit and left the job siteThe following day Mr*** called and told *** that he did not want Metro Fence back out on the job site until this issue had been resolvedMr*** stated that he felt that Metro Fence should be responsible for the damaged pool line and that he had missed the last days of using his pool before closing it for the fall/winter seasonMr*** told *** that he had showed *** both areas and that he told *** to hand dig in both of those areas*** informed Mr*** that it was the responsibility of the home owner to have his private utilities marked as stated in his quote*** informed me of the conversation and I spoke with *** that day and asked him again what had transpired the previous day at the ***’s job siteI asked him if Mr*** had shown him two areas and he stated “no”He then said to me, I am the one who told him, Mr***, that I, ***, suggested that I would hand dig that area and again, stated what it is that I wrote in paragraph of this responseA few days later, Mr*** called again and spoke with ***This call he stated that he felt that Metro Fence should be partially responsible for the damagesWhen *** reiterated that it is the responsibility of the home owner to have the utilities marked he asked to speak to the owner*** informed me that Mr*** was on the phone, I picked upMr*** started off by telling me how professional polite and courteous my installers had beenI told him that I appreciate thatMr*** tried to convince me that the charges would not be that big and that Metro Fence should split the cost with him 50/I told Mr*** that Metro Fence was not responsible, that he was responsible for having his private utilities marked and that Metro Fence was not responsible for damaging the water line to his poolI then told Mr*** that we are an honest company and informed of a situation in which Metro Fence was responsible for hitting a water line on another job site and that we paid for it because in that situation, it was our fault but in this instance it was notMr*** became agitated and told me that we can go to court, to which I agreedHe then once again tried to convince me that it was our fault and at that point I then informed him of what his wife had told *** and then asked him, Mr***, why *** would suggest to hand dig in one area where he, Mr***, stated that there was a private utility and not the other, especially after having found the electrical line that he, Mr***, said was thereMr*** had no response to why this would happenI also asked Mr*** why his wife said what she said after being informed of the damaged water line to which he had no responseWe ended our conversation with me asking Mr*** if we were going to end the discussion about the private utilities and take the matter to court to which Mr*** reluctantly said yesAt that point we ended the conversationA week or so after that Mr*** called once and again and asked for ***He told *** that he had gotten the repair to the water done, stated the cost and once again suggested that we pay half and just go ahead and get this situation resolved*** informed Mr*** that I was the last person to whom he had spoken and put him on hold so that I could speak with himMr*** once again asked me to pay for half of the repairs to which I said Metro Fence is not responsible for the damageA few days after that we received a partial payment from Mr***He had taken out the cost of his repair and also paid 80% the amount after said repairsThe next day after receiving the partial payment we received an email from the Revdex.com that Mr*** had filed a complaintIn his complaint he stated that other issues that were never stated before in the previous three conversations that he had had with myself and my office manager, ***He stated that we left debris all over his driveway and deck, unearthed another pool line and placed a portion of fence so high that he cannot open his garage windowHe also stated that we were cavalier, careless and made multiple errors, which completely contradicts his previous statements that both he and his wife madeThe layout of his fence was signed off on a layout prior to starting his install and *** verified the location of the entire fence line with both Mrand Mrs*** before he started diggingAfter receiving Mr***’s partial payment and subsequent accusations with the Revdex.com, we have turned the matter over to our attorneys

Revdex.com:
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.
1. The assertion that Metro "tried to persuade" me "not to use a solar powered gate operator" is a complete fabrication. Also, that I was told solar would "not have the consistency" of a hard wired gate operator" is an invention. At no time was this suggested to me. I was given a bid price to which I agreed. I challenge Metro to provide evidence that its sudden assertion concerning suitability is true. It is not.2. Only recently has the suggestion been raised that a solar system was not suitable for my property. At the time of the order, Metro was happy to take my $4500 and install the system. Metro, not I, selected the location for the solar panel, which gets plenty of sunlight in summer and winter. 3. I agree that I have had a "multitude of problems" with this system. The first four, as detailed in the service history, had nothing to do with the solar panel or the "suitability" of the system for my property. 4. I didn't say I "called" on Oct 31. I said I contacted them. I did that by email using the company email address we had used for previous communications. I notified the owner of the latest problem, and sent copies to the receptionist and office manager as well to make sure they received it. I did the same on Nov 1. Now Metro claims to know nothing about my latest issue? 5. I agree that Metro has sent service personnel out to remedy the various issues. The problem, as evidenced by the service history, is that the supposed "fixes" never last for long. The system is clearly defective. I continue to ask that Metro remove it from my property and refund my $4500.
Regards,
[redacted]

On August 12, 2015, the customer came into Metro Fence’s
office to sign her quote and layout. She met with [redacted] and did not
request notification at that point. On August 24, she emailed the [redacted]
coupon to her after a reminder from [redacted]. In this email, she acknowledged
that she...

did not initially request notice but explained her dog situation and
asked for a four hour notice. Our normal process is for the salesman to handle
any specific requests, including notification requests, from the customer and
to note these on the customer requirements on the work order. By placing these
notes on the work order, they are then added to the schedule notes for the
scheduler to see. In addition, the installation crew would see the notes be
aware of any requirements. In this situation, the installation crew would then
ensure the customer was notified prior to them leaving the shop. Given that the
customer did not inform our salesman, but requested after the fact, the notes
were not added to the work order. This was a communication error on our part
and we have remediated this with the receptionist. If this situation arises in
the future, she knows to inform the salesman so that the notes can be added to
the schedule and work order.Regarding the timing, we started the project five weeks from
the date of the signed quote. This is consistent with the timing provided by
our receptionist. On September 17, Metro Fence removed the customer fence and
set the new fence posts. It is not uncommon for jobs set on Thursday, to be
completed on Monday unless other arrangements are made with the customer. This
allows for at least 48 hours for the concrete to cure. In addition, at the time
the posts were being set, the customer’s neighbor came outside to complain
about the location of the fence. This was solely an issue between the customer
and the customer’s neighbor. Metro Fence quoted changing the height of the
fence to 6’h due to complications between the neighbors. Given the
communication issue noted above, Metro Fence provided a discounted price to the
customer.   In regards to the installation issues, the lead crewman had
a nail gun malfunction which led to him not being able to complete nailing all
the pickets. At the time, Metro Fence had two other nail guns in the shop being
fixed. Since this instance, the owners have discussed best practices in regards
to maintaince on the nail guns with their supplier. Oil is added to the nail gun
after each use to minimize the wear and tear on the guns. In addition, the
crooked line was not actually crooked, but a function of the location and the
direction in which the customer’s gate swung. Most wood gates swing out, however,
this customer wanted her gate to swing in. This prevented the last panel from
being nailed to the end post without causing interference with the gate. As a
result, the lead crewman nailed the last panel at an angle so that the panel was
nailed to the back side of the last post. After discussions with the salesman
and owner, a solution was made to correct the last panel. The panel was
removed, and the runners were toe-nailed into the interior of the latch post.
Further, the crew notched a small portion of the last picket so that the gate
could connect with the latch. There were a total of 20 pickets out of 320 that
were not nailed to the center rail as a result of the nail gun malfunction. A
crew was sent out to correct both issues and the customer has been notified and
the customer is satisfied with her fence.

Response: The cus[redacted]er called Metro Fence requesting a solar powered gate operator. Our Commercial estimator at the time tried to persuade the cus[redacted]er not to use a solar powered gate operator for two reasons; because he was in a wooded area and because the solar powered technology was still in its...

infancy and we recommended that it will not have the consistency as a hard wired gate operator. The cus[redacted]er insisted that he wanted a solar power gate operator. Since the install, the cus[redacted]er has had a multitude of problems with the gate operator not working and we have sent installers out to look at the operator every time. We adjusted the battery backup, we have tried different batteries, we have called the gate operator technical support line while on site and each time the gate operator passed all of the trouble shooting techniques suggested by the gate operator manufacturers technical support team. We continue to suggest that the solar powered operator is not the best fit for the cus[redacted]er’s location and he scoffs at this every time. The last time the cus[redacted]er called was not October 31, we have no evidence where he tried to call Metro Fence. He may have called our former estimator who is no longer employed by Metro Fence and has not been here since the end of August. The cus[redacted]er was made aware that this estimator was no longer employed by Metro Fence when he called in October. We were not and have yet to be informed of any issue the cus[redacted]er is having since we installed a new battery and once again called technical support to trouble shoot issues on October 11. The cus[redacted]er even stated in October that the gate worked perfectly during June and July, very sunny months with little to no rain. When I brought the fact that the operator worked fine during the sunny months up to the cus[redacted]er he stated that the trees were full of leaves so that could not have been the issue. UV rays are abundant in the summer months regardless of the tree coverage. As has been stated to the cus[redacted]er from the beginning and on each occasion that we have spent our time, labor and extra material costs to “fix” only what Mother Nature can fix, a solar powered gate operator is not recommended for his property. Sent on: 11/8/2016 11:47:01 AM