Eichner's Family Farm & Greenhouses

Please be advised that I represent Stuart Kitchens. This letter will respond to the above captioned complaint.The cabinets which [redacted] ordered were delivered to him on April 17. [redacted], the Stuart Kitchens salesperson, was at the [redacted] property on April 19. The cabinets...

were still sealed in the cartons in which they were delivered. Installation (which was effected by individuals hired by [redacted]) apparently began on April 20. On Friday, April 21, [redacted] received a "panic text" from [redacted] saying that [redacted] had to come to the [redacted] property immediately. [redacted] could not come to the property on that date but came on Monday morning, April 24. Immediately, [redacted] began raging at him that the cabinets which were delivered were not the quality of the cabinets he had seen in the showroom and which he had ordered. He began demanding an upgrade of cabinet as well as additional compensation. [redacted] indicated that he needed to have a manufacturer's representative present. [redacted] returned the next day, April 25, with a representative of the manufacturer of the cabinets [redacted], [redacted] began making an assessment of the cabinets. At this point, a number of the cabinets had been installed (poorly) and some of the cabinetry remained in the boxes. Again, [redacted] was raging, demanding an upgrade in the quality of the cabinet as well as additional compensation. When [redacted] was told that what had been delivered was in fact, exactly what he ordered, he told [redacted] and [redacted] that there was no need for them to remain at his property if they were not going to compensate him and upgrade the cabinets.[redacted] was demonstrably wrong with respect to the cabinetry. The only [redacted] Full Access cabinetry which Stuart Kitchens carried was the cabinetry which [redacted] saw in the showroom and which he ordered. There is no other level of [redacted] Full Access cabinetry in which Stuart Kitchens deals.With respect to the damage to the cabinetry, there was significant damage which, in the experience of both [redacted] and [redacted], was unlikely to have occurred during delivery. For instance, there were drawer fronts ripped from the drawer box without additional damage. [redacted] did an assessment of the damage at that time; some of the cabinets had scratches and damage to the edges. [redacted] and [redacted] did not have an opportunity at this time to view the cabinets which had yet to be unpacked.The undersigned became involved on April 25 when I received various documentation from Stuart Kitchens and spoke to [redacted], who sent photographs of the damage he had observed at the time of his visits on Monday and Tuesday, April 24 and 25. I spoke to [redacted] who continued to rage about a "bait and switch." I thought that I had persuaded [redacted] that this was impossible given that the only line of [redacted] Full Access cabinets with which Stuart Kitchens handles is the one which was supplied to him, but I appear to have been mistaken. [redacted] originally asked for $15,000 and new cabinets but kept decreasing the demand. [redacted] in a conversation with me said that besides the damage to the cabinets that had been installed, there were cabinets in the sealed boxes which he had not yet inspected. I told [redacted] that it was the policy of [redacted] to replace any cabinets regardless of the provenance of the damage and that Stuart Kitchens and [redacted] would stand by that policy, despite the fact that it was felt that most of the damage occurred during installation. What was needed was a meeting between the various parties involved to determine what exactly needed to be replaced. I spent three or four days trying to organize such a meeting, which involved [redacted] and both a Stuart Kitchens and an [redacted] representative. This meeting was scheduled on May 10 for the following day. [redacted], the [redacted] representative, made a detailed list of the cabinets and the cabinet parts which he felt should be replaced - again, without regard to the cause of the damage. His inspection of the cabinetry that remained in the boxes showed little or no damage. The principal damage had occurred to the cabinetry that was installed by [redacted]'s men. [redacted] stated that he was present during the entire installation (up to the point it has reached to date), and I asked him repeatedly why his men would install damaged cabinetry. I never received a satisfactory answer. That together with the fact that most if not all of the significant damage was done to cabinets that had been installed by [redacted]'s men and the experience of [redacted] and [redacted] with respect to cabinetry damaged in shipping leads to the conclusion that the cabinets were damaged by [redacted]'s installers. [redacted] agreed to replace all of the cabinetry that was damaged and has already begun that process. [redacted] has indicated that the new cabinetry should be delivered to [redacted] by the week of June 12 if not before.With the exception of the damaged cabinets which will be replaced with new cabinets, [redacted] received exactly what he bargained for and what he ordered. His "bait and switch" contention is poppycock. The amount which [redacted] claims to have paid his installation contractor keeps changing. The amount that he requests for compensation also keeps changing (no surprise since they are pulled out of thin air). [redacted] is in the business of home repair as Jeeves Handyman Services. It is very strange that he would install clearly damaged cabinetry and only at that point make a claim that it is (1) the wrong cabinetry and (2) substantially damaged cabinetry. [redacted]'s payments were made from a company account. We do not know whether he repaid [redacted] nor whether he paid his installers from a company account. That is between him and the [redacted] (except to the extent it affects his standing to bring a complaint). Nor do we know the identity or background (licensing, experience) of his installers, which may be relevant.As soon as [redacted] notifies Stuart Kitchens that the new cabinets are ready and ships them to the Stuart Kitchens warehouse, they will be delivered to [redacted].If there are any questions, please don't hesitate to contact the undersigned.Very truly yours,Thomas F M[redacted]
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