B.W. Incorporated (Backer Wencel Inc)

I am rejecting this response because:  In contrast to Mr. [redacted]s’ claim that the “original” invoice he provided in his response is, in fact, not the “original” invoice but is an invoice he submitted when my credit card account was charged the $9,904.79.  The “original” invoice was actually one printed off their website which shows an amount of $9581.40 (see attached).  I even pointed out to Mr. [redacted] that the amount charged for the “True Bead liner upgrade - Liberty (25 Gauge)” was $100.00 more than was listed on the other/second invoice (compare the price differences).  Mr. [redacted] claimed that that was a computer error and he would fix the amount which, of course, HE NEVER DID!Mr. [redacted] initially informed my that the pool was in stock which is why I placed the order.  As I mentioned previously, he assured me that it would receive the pool within 2 weeks and when I repeatedly checked on the status, I was constantly reassured that it would ship “any day”.  After 2-1/2 weeks, Mr. [redacted], out of the goodness of his heart, stated that he preferred that I receive a 2016 model of the same pool but that it would have to be shipped from the manufacturer instead of the warehouse and that too would ship any day.  After several more follow-ups Mr. [redacted] finally indicated that the 2016 model wasn’t even made but that it would only take a couple of days before the pool shipped.  Again, more phone calls to Mr. [redacted] who told me the pool finally shipped.  When I subsequently called to track the shipment I was informed that the pool had NOT shipped but instead was still being made.  After 5 weeks of getting the run around as well as an assurance from Mr. [redacted] that he refunded my ENTIRE charged amount, I finally cancelled my order.  AT NO TIME, did Mr. [redacted] indicate that the pool would ship on April 14th.  Common sense would tell anyone that if I waited 5 weeks to have it shipped, I certainly would have waited one more day.Mr. [redacted] had some woman named “Siv” call me regarding my order.  Contrary to Mr. [redacted]s’ claim of “3 weeks,” I spoke to this individual who ultimately (3 times over 5 days) informed me that she did not work directly for the manufacturer but was more of a pool broker who works for several companies.  She also stated that the pool manufacturer would not return either her phone calls or emails that she sent them.  I have absolutely no idea who this person is or wether or not she had any actual dealings with my order.Mr. [redacted]s’ additional claim that he must charge a 5% cancellation fee (because that is what they are charged by the credit card processor) is also bogus as that amount is already calculated into the price of his products as evident by the fact that his company is willing to give any order 4% off if you pay with “Instant Check” (because once they have your money its impossible to get it back).  Additionally, since my order was never shipped, why was my account charged at all?  Standard business practices are to charge the customer ONCE their order ships!  Therefore there was no reason to charge my account in the first place.  THE ORDER NEVER SHIPPED!Mr. [redacted] still has failed to address the following: (1) Why my account was charged before the order was shipped; (2) Why was I told the pool was in stock when it obviously wasn’t; (3) Why was I told I would receive the pool within 2 weeks when you never even had the pool; (4) Why was I told the manufacturer had the pool and it would ship directly from them when it wasn’t even made; (5) Why was I told the pool shipped on 4/1/16 when it hadn’t; (6) Why was I told I would get a FULL refund when there was never any intention to do so; (7) Why was I charged a “cancellation fee” when Mr. [redacted] has never provided any written proof (at least to me - the customer) that an order was ever made/placed; (8) How do you charge someone a cancellation fee when YOU can’t fill their order; and (9) Why didn’t you cancel my order when you could not fill it in a timely manner?Mr. [redacted] has never provided me with any written notification of possible fees PRIOR to charging my account or PRIOR to my authorization.  To do so AFTER the fact clearly amounts to fraud and theft, and just proves that this entire transaction was nothing more than a scam!  You are just trying to make money without providing any service and you’re livid by the fact that someone has called you out on it.  Is this really how you do business?Provide any written and signed documentation whereby I agreed to those conditions and charges.

Prior to purchasing, the customer never asked specifics on getting her unit registered in Hawaii. If the customer would have, we would have advised her to check with the local DMV (Department of Motor Vehicle) prior to purchase to verify that registration would be able to take place. Following the...

purchase, the customer asked us to have the manufacturer falsify the information on the scooter, and remake a falsified customized plate, which we, nor the manufacturer, will do. The customer can register their purchased product as a motorcycle per Hawaii guidelines. The customer can return the scooter. If this is the option they would like to proceed with, the scooter needs to be packaged in the original crate and shipped back at the customer's expense. Once the product is received by us, we will issue the customer a refund minus restocking fees and original shipping charges as those are non-refundable.

Initial Business Response /* (1000, 9, 2016/01/08) */
We contacted our Vendor to inquire about wheels customer is requesting. The wheels customer received on his scooter are the only ones available, there are no other wheels available.
We contacted the customer on 12/22/2015 and shared with...

him this information.
Initial Consumer Rebuttal /* (2000, 11, 2016/01/18) */
Final Consumer Response /* (4200, 30, 2016/02/17) */
I received the BOL and return instructions, but it does not say who will be paying for the shipping and all costs. How will this be paid for, and by whom? And just to make sure I understand correctly, there will be no re-stocking fees.
[redacted]taken via phone.
Final Business Response /* (4000, 32, 2016/02/17) */
This is prepaid on our business account. Customer does not pay. The BOL is the necessary paperwork required for trucking company to pick the merchandise up.

The issues customer is having are most likely due to the carburetor needing some adjustments.  We would like the customer to remove the carburetor and send it to us for inspection and adjustments.  We will do this at no charge, even though unit is over a year old and is no longer under...

warranty.  (customer only pays for shipping carburetor one way)Send to:  B.W. IncorporatedAttn:  Jeff  ([redacted]Browns Valley, MN  56219

We have attempted to contact the customer with a resolution for the past 10 days. We have called, left messages, and texted the customer with no feedback. We would like to offer the customer a $500 refund, along with keeping the items received. The customer will keep the items and avoid the hassle of packaging, along with making an appointment with the shipping company and waiting for their pickup.

Customer contacted us for a warranty claim.  We forwarded all photos and information on to the manufacturer as we clearly stated to the customer we would.   Manufacturer stated they would warranty the pool even though the customer did not use the correct chemicals to maintain the pool, as...

was evident in the photos customer supplied.   The pool is not brand new so there is a small prorated deduction.  The vendor did email the customer directly on 9/27/16 with their warranty decision.  Customer has all contract information by email as she was contacted directly by the vendor.  The vendor also has a location in Illinois.  The pool is made in Japan.  Again the manufacturer is honoring the warranty, even though the customer did not maintain the pool correctly.

I am rejecting this response because:
Although the business did respond after weeks, they wanted to have the equipment ready by July 19th, I sent them this...

response on July 5th "I will try to build a pallet since I got rid of the ones they came with, they weren't in good condition anyway, I will let you know if I can get them ready for the 19th, what happens after you receive them? When will I get the replacements? And can you confirm what units you plan to send as replacements" Its July 14th and I still have no heard from them, this is the usual issue, the communication is horrible, they don't call, hardly e-mail and its like I have to chase them, what happens when I do pack them, how long will they be sitting on my driveway? In the meantime I'm still paying for them.

Customer used the sauna and then still wanted to return it.  They did not keep the original packaging and therefore had to improvise which took longer before sauna was returned back to supplier.  It has now been returned, and we have issued customer a refund for the return of the "used"...

sauna.

I am rejecting this response because:[redacted] as you know I stopped communication with them at your suggesting because Jeff was refusing to communicate through my open Revdex.com complaint, until now right close to the 30 day window. I provided, at his request and instruction, three videos that resolved nothing. Then more instructions, I'm a consumer not a scooter repair technician? Clearly this can not be resolved through remotely. I've suggested three times to have a local shop repair it at Jeff's expense with no response from him. I paid extra to have the scooter assembled so that it would be 'ready to ride' out of the crate and that is not what I received. Just so I don't leave his, again, silly back and forth question unanswered; if the key is off of course no electronics work but with the key on all electronic function properly - pretty straightforward.

Customer texted Jeff on 7/13 stating she would accept the offer of a $500 refund. Jeff called her on 7/24 (he was out last week, causing a delay in correspondence) to confirm with her that she would accept the $500 refund via paypal, and left a voicemail message. Once we receive confirmation, the refund will be processed via paypal as that was her original payment method.

2 new replacement benches were shipped via UPS Freight tracking/Pro # 686740202 and have been at the UPS destination terminal since 05/01/17.  UPS has attempted to contact Ms. [redacted] on 5/1, 5/2, 5/3, 5/4 to make a delivery appointment .  Ms. [redacted] is not responding and now UPS has contacted us for help.  We also have a new replacement table top that sets in to the existing frame, but we cannot ship until Ms. [redacted] is at the delivery address so we can coordinate accordingly and don't run in to a delivery issue like we currently do with the benches.  Ms. [redacted] indicated she wants us to pick up the existing table, etc and does not want replacement parts to make her table whole. Our supplier only accepts returns in their original shipping carton.  Since this would need to be returned on UPS Freight, it also needs to be strapped to a pallet.  Since the merchandise cannot be returned as is, Ms. [redacted] would need to be at the location the table currently is located, package it in original shipping packaging, strap it to a pallet, and once ready as per specifications for return freight, schedule a pickup with UPS freight with documentation we can supply for return with our trucking company.   Packaging merchandise for return would be very burdensome for Ms. [redacted], and that is why we were persistent with our supplier to make sure they sent the benches that they failed to send on the previous two occasions we requested.  We are ready to also ship a new table top insert, but would need to wait to coordinate a time when Ms. [redacted] is at the delivery location so that we don't run in to a situation like we currently do with the table benches that are sitting at the UPS Freight delivery terminal, but Ms. [redacted] is not returning their calls for a delivery appointment.

Requested parts were shipped via FedEx  Tracking#[redacted] and were delivered Friday 3/25/2016 at 1:12 pm

Initial Business Response /* (1000, 10, 2016/01/08) */
Replacement parts to replace damage received during shipping were send via FEDEX Tracking# [redacted] and were delivered 12/16/2015 at 11:51 am.
Initial Consumer Rebuttal /* (2000, 12, 2016/01/14) */
(The consumer indicated he/she...

ACCEPTED the response from the business.)
Merchandise was replaced.

Initial Business Response /* (4000, 10, 2015/06/15) */
The 2 units are being shipped on UPS Freight PRO/Tracking # [redacted]. Log on to UPSFREIGHT.com to track shipment.
Final Consumer Response /* (3000, 8, 2015/06/12) */
I had been in contact and still have not received what was charged to my...

method of payment, and just stringing things along with extended duration. The original order was for the two atv four wheelers and has not complied with the time line since this was for a childs birthday then was dropped to one since he sold the display model that clearly showed on the site as available. I already purchased and received a confirmation by email form for two. Mr [redacted] agreed to the original order of both which would of included the model T110DXS which was the replacement for the floor model with added charges and I agreed but again still has not even shipped one or both. I do have confirmation of the charges applied to my method of payment (credit card) enclosed as an attachment for the record.

D. [redacted]copied and pasted from email.

Customer has requested return information.  We have sent him the information he requested on how to package merchandise for return.

We place the set up instructions online for everyone to look at under the Support Tab. These instructions are very detailed. Plus also, When Ms [redacted] placed the order, we shared with her that you have to put on the tires, put on the top bars, bolt on the steering wheel, charge and hook up the...

battery and drain the shipping oil and put in fresh oil. Yes we respond by email so everything is documented for the ease of the customer. We use Zendesk as our support system so all customer communication is stored. We do our best to get back to all customers timely. However after Christmas and in the month of January we run behind because the high volume of requests from Christmas sales. So yes, we have been in touch with the customer, but there have been times it was several days before we were able to answer her email due to high volume at the time. We received the gokart back and refunded the customer. We did not charge the customer the $169.98 restocking charge as a gesture of good will. The bolt on clutch came loose and fell off. That was the only problem with the gokart aside that it was returned dirty and smelled like manure. It took a while to get the gokart cleaned. We put on the clutch and tightened down the bolt and the gokart works very well.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.

I am rejecting this response because:
"Been in contact with the client" took 6 weeks.  The liner "deteriorated" at the seams and along top, as evidence was sent to Mr. Backer on 4 occasions.  As seen in attached photos, that is deterioration, not caused by a "foreign object" floating by.  Phone calls were NEVER returned after numerous attempts over a 5 week period.  Email conversations were never answered, but appeared to be generated by a "robot" asking the same questions over, and over, with repeat questions and statements saying "please send a photo of your issue", or "please give me a call tomorrow to discuss." I do appreciate the attempt of a "discount" on a new liner - which I would have taken them up on, had it been 6 WEEKS EARLIER, which was over my threshold of customer service response time.  What a JOKE!I have since purchased a new liner from a different company.  Purchased the liner, was shipped to my home in 2 days, and I installed it the same night it came.  it also has a 25 year warrantee.   THAT is what I was expecting from this company.  NOT a 6 week waste of my time.  Cant endorse a company with poor response customer service time and no warrantee on products that they sell.

Initial Business Response /* (1000, 8, 2015/11/09) */
Additional refund has been issued. So when all said and done, customer is not being charged for restocking fee, cost of merchandise, nor original shipping.
Initial Consumer Rebuttal /* (2000, 9, 2015/11/09) */

I am rejecting this response because:The dealer is stating that the manufacturer says the break is due to someone sitting on the rack which is not true.also not only the rack broke off but the frame underneath the engine is broke.I just want my money back this whole transaction has been a nightmare.