Home Smart Industries

Please see the attached letter that was mailed in July that clearly explains our position on the customer's request to cancel well after the period allowed under the terms of the contract. Our documentation and records do not agree with the statements made in the complaint and we stand firm in our...

position under the terms of the contract that was signed by the customer.

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
 Complaint: [redacted]
I am rejecting this response because: our plumbing system did not leak into our basement until after the tub was installed.  I did contact the company promptly after I discovered the leak.  The technician I talked to refused to come to look at the problem.  He stated that his work was fine and he had been in the construction business since he was 13 and had seen everything so he was not going to come out to look at the problem.  Since we had to hire a plumber and I did report the leak promptly and the company refused to send a technician, we should be reimbursed.
Regards,
[redacted]

To Whom it May Concern,We received your letter and have left several messages for your representatives in an attempt to respond to this complaint. We have been playing phone tag for several weeks.In response to Mr. [redacted]'s complaint; Our installation manager, Mike C[redacted] spoke to Mr....

[redacted] on May 16, 2016, the day he contacted our company regarding the Safe Step Walkin Tub that was installed on May 13, 2016 in response to his concerns he had. He told Mr. C[redacted] that he had experienced a leak and was forced to call a plumber out to fix the leak. Mr. C[redacted] told Mr. [redacted] to send him a copy of the bill and he would take a look at it.On May 23, 2016, we received a copy of the bill Mr. [redacted] had paid to the plumber, who apparently was a family member. The bill was reviewed and it was determined that based upon the repairs completed by the plumber, there was no leak actually repaired, as the work done was actually to unclog the customer's existing sewer line, I would imagine that when Mr. [redacted] began draining his new walkin bathtub, which would be significantly larger than his prior fixture, it exposed the fact that his existing drain line and Sewer System was clogged. It is not uncommon for homeowners to experience a difference when working with the larger walkin bathtubs for the first several times.Our Company takes pride in our work and stands behind the written warranties provided. As a dealer for Safe Step Walkin Tub Co, we provide warranty service on their product and provide every customer with the contact information for our offices so they can reach our Customer service department when incidents do occur. Had Mr. [redacted] contacted our company when he first discovered the problem we would have been happy to send out a technician to address his concerns. Unfortunately in this case we were contacted after the fact and based upon the bill copy provided the problems corrected by the plumber were not a result of our installation and therefore not able to be reimbursed for. A copy of the bill we received is included in this response.Should Mr. [redacted] require any further service on the product installed by our Company we are more than happy to schedule a technician to visit his home and address any concerns he may have in the future. I apologize for the delay in responding.Regards,Chuck C[redacted] Director or Operations

This walk-in tub may be good for little old ladies, but they have no business selling it a disabled man that weights more than 250lbs. No one measured him to see if he could use this tub. He did make it in, but we had to get 4 EMTs and 2 policemen to get him out. No one bothered to tell us, also, that the tub would drain our hot water tank. Consequently, my the time the water came up far enough to use the jets; it was running cold, and the built in heater is a joke. When we called to complain, we were yelled at and subjected to another sales pitch. We could not even get the name of the manager. The customer service there is nonexistent. I am in the process of filing a complaint with the Attorney General, Elderly Abuse and anyone else I can think of. I hope others will not be subjected to the mistreatment that we were.

Dec 2, 2015My apologies for the delay in responding. Even though I was out of the office, my people had our technician out to the customer's home a number of times to resolve the issue, the final time which was just this past week should have the issue resolved once and for all. Attached is the...

signed service ticket from that visit.Regards,Chuck C.Director of Operations

It is unfortunate that we are still are confused about this however I don't know how much clearer we can be. Had the plumbers repair bill stated that there was a leak fixed from the tub that was installed we would have gladly reimbursed you. However the bill said nothing of any leaks being fixed but stated that it was the clogged sewer that was fixed. Clearly this repair bill does not indicate that any leaks were repaired on the tub that was installed by our company. I again provide another copy of the plumbers bill that was sent to us. I apologize if the installer you spoke with that weekend did not express concern for your issues had you spoken to our customer service team we would have sent a technician out to inspect the issue and resolve it. I cannot help the fact that the plumbers bill makes no mention of any leaks repaired on the tub. You provided us with this bill, which again clearly states that the problem was a clogged sewer. I am sorry that we are not able to reimburse you for having your clogged sewer lines cleaned but that is not a responsibility of ours. Cleaning your sewer lines was not included in the contract and not something we can agree to pay for.

Review: Safe Step Tubs collected payment in full of $10,519.50 for a bathroom shower remodel. Cancellation of work to be performed was made in writing on 8/16/13. Safe Step will not speak to us, return phone calls, or refund payment made in full.Desired Settlement: We would like to have all of our money refunded due to cancellation of contract and work never performed.

Business

Response:

In repsonse to your complaint inquiry here is our position.

To start with [redacted] is not our customer, his uncle [redacted] is. [redacted] called us and informed us that his uncle wanted to cancle the contract. We informed [redacted] that we could not accept a cancellation from [redacted] the nephew that [redacted] would have to cantact us to cancel. To date we have not received any form of cancellation from [redacted] but was just recently was sent a Power of Attorney form stating [redacted] has been granted this postition. Power of Attorney does not waive the original person rights it just gives a scond person signing power. Unless [redacted] has been deemed legally incapible of making his own decisions we need to hear from [redacted]. The reason for this is we need to make sure [redacted] is not cancellation something [redacted] is not aware of. We have made several attempts to reach [redacted] our clientwith no success and this has us very concerned. We currently have this file with our legal representitive to make sure we are moving in the correct legal direction on this. We want to make sure this is above board and will refund the money once we either hear from [redacted] or are informed he can not make his own legal decisions.

Review: Home Smart Industries contracted with me in July 2012 to install a Safe Step walk in tub. From the beginning there have been a series of problems with the tub and its installation, culminating in the events of June 2 &July14,2013. On June 2 the defective shower Home Smart's tech installed plus the poor engineering of the shower hose opening cause water to leak through my livingroom ceiling to the hardwood floors below. Home smart was notified June 3,but did not send a tech out to address the problem until June 12,leaving me unable to safely use my tub or shower,my only tub and shower. At that time the tech told me a part in the shower was defective& would have to be replaced- replaced July 2. On July 14 water leaked from under the locked tub door,through my center hall ceiling to the hardwood floor. I made a 2nd claim with [redacted] Insurance & on July 15 called Home Smart to report it. Today is July 25 & they have yet to respond - once again my 75 year old husband and I cannot take a bath or shower. For our peace of mind ,we had a Master Plumber inspect the tub. He felt the opening for the shower hose was faulty, enabling water to flow through it and cause another leak in the future. Home Smart advised me to wrap a towel around the opening to avoid problems in the future! [redacted] Insurance is subrogating the claims & possible fraudDesired Settlement: Home Smart Industries needs to make things right and whole - to my husband and myself and our family, who have had to share their bathroom shower with us for so long. They need to make things whole and right with [redacted] Insurance , to whom they lied that the part was not defective and that their tech said it was not defective. The tech,[redacted], was the one who told us that it was defective. They need to repay [redacted] for my claim. They need to repay [redacted] the money they accepted from the bank for what appears to be a flawed product that they then sold to my husband and me. I gave them $3900.00 in good faith for what I thought was a good product. That should come back to us plus all the expenses and stresses we experienced and continue to experience as a result of poor installation . They are at the least in breach of their contract with us. The production manager, [redacted] accused us on the phone of maybe sabotaging the tub! Now they are lying to an insurance company about the defective part. This is certainly no way to treat a customer- by not responding to emergency calls and defaming the customer's good name. Shame on them! If they did this to us ,there could be others out there who maybe can't be their own advocate as we can

Business

Response:

August 28, 2013

Revdex.com 1880 JFK Boulevard, Suite 1330 Philadelphia PA 19103

Re: [redacted], Case # [redacted]

Dear **. [redacted],

We received your letter dated August 22, 2013, addressed to **. [redacted]. Your letter refers to your office having previously sent letters to us regarding this but we have no record of receiving any earlier correspondences regarding this case. If you review our companies file with the Revdex.com I am confident you will find a history of timely responses as it has always been our practice to work together with the Revdex.com in resolving conflicts such as the case with [redacted]. [redacted]. **. [redacted] has asked me to respond as I have been the one personally dealing with [redacted]. [redacted]’s case.

Rather than attempt to respond individuafiy to the details of [redacted]. [redacted]’s complaint with your office, I am including with this respond a copy of the documents relating to her dispute with the finance company that she used to finance her project, as well as the documents regarding her insurance claims. You can review these documents if you wish to review the differences in details as we have been in disagreement with [redacted]. [redacted] on several of the details of what has lead to this complaint. Also based upon your letter and the statement that her first complaint to the Revdex.com was back in July it should be noted that two members of our management team, Mike Carter and lan Kauffman, were at [redacted]. [redacted]’s home to correct the leak issue and investigate her other claims, that visit took place on Friday August 16,2013. [redacted]. [redacted] of course refused to sign off on any service tickets as they do not aid her in her quest to accomplish her desired outcome.

As we have just as much desire to resolve this compliant as anyone involved, I will provide some bullet points relating to our position and offer a resolution. Here are the bullet points as we see them;

• [redacted] signed a contract with our company on June 15, 2012.

• She obtained financing through an outside company under a “12 months same as cash" promotion for the balance of $11,700.

• The installation was complete and [redacted]. [redacted] signed two separate completion documents confirming her satisfaction with the installed product on July 10, 2012.

• [redacted]. [redacted] s tub has had services on three occasions, two relating to a broken hose that connects to the handheld sprayer and one relating to the tubs door. All of these services were completed, although [redacted]. [redacted] has refused to sign off on the last service on August 16, 2012

• In the time since the installation, [redacted]. [redacted] has asked our representatives to call her Finance company and ask them to extend the terms of her same as cash promotion as she felt the tub was defective. She has also suggested that she should get her tub for free since she had what she called a “defective product.

When they told her they could not do that, she filed a dispute with the finance company suggesting that she should not have to pay for her “defective tub".

• [redacted]. [redacted] has also files claims with her insurance company on two separate occasions seeking compensation for repairs of the same stained and cracked area of drywatl ceiling below the tub. Claims totally somewhere in the area of $6,000 for something that reputable contractors would probably charge under $1,000 to repair.

• The product installed in the [redacted] home, a Walk-in Bathtub, just like any other product comes with a warranty from the manufacturer which our company intends to honor as a representative of the manufacturer. The fact that a part on the tub may or may not have failed or had a connection leak, does not equate to the entire product being “defective” which is what [redacted]. [redacted] has implied and she has attempted through the finance company dispute, the insurance claims and this Revdex.com complaint to accomplish that outcome.

• Our company would be more than happy to make the needed repairs to the home of [redacted]. [redacted], meaning replace any damaged drywall on her walls and ceiling, patched, spackled, sanded, and primed and painted to finished condition any areas that were affected by the leaks that occurred.

The bottom line is we want to resolve this complaint but cannot agree to a full refund as compensation for poor customer service and a part replacement covered under the products warranty. We are offering to make the needed repairs to restore the damaged areas of [redacted]. [redacted]’s walls and ceiling; even through an independent contractor if that is agreeable to [redacted]. [redacted]. However we reserve the right to select the independent contractor. If [redacted]. [redacted] agrees to these terms we will promptly make arrangements to complete the needed repairs to restore the damaged areas of her home.

We look forward to your assistance is resolving this matter and await your response.

Consumer

Response:

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

Review: [redacted]

I am rejecting this response because:Since [redacted] sent a letter to you dated 8/28/13,3 more leaks have occured in my SafeStep tub.While I was performing routine required maintenance on the tub 9/7/13, the tub began to leak under the door as it had on July 14 & August 16. The water needs to be hot in order to properly clean the water jets. Thus on Sept 9, when [redacted] came from HomeSmart Ind., the tub did not leak under the door when he cleaned it with cold water. Next day I tried again with hot water & it leaked. However, **.[redacted] discovered 2 additional leaks "leak with water flow control box & leak in water pump itself", to quote him.He then told us that they might have to come out to take the tub out. He agreed that these were the 3rd & 4th parts to be defective. Home Smart's phone reply 9/10 was that they have the parts or a means of stopping the leaks.

Review: I got a shower installed and they had some trouble with install and left out some items. like there was to be a shelf, never got it, also the handicap bar was to be l-shaped and they put in a straight one, also since the install there is rust streaks looks like they use the wrong type of screws to attach the bar to the wall.Desired Settlement: I thing they should give back some money because it is not the way it is pictured on their web sight how it is to be done.

Business

Response:

It has always been our desire to provide our customers with the very best in products and services. We have no records of having been contacted by the customer regarding their concerns. Had they simply called us we would have been more than happy to respond. We aplogize if for some reason they had difficulty contacting us but we have no record of any calls regarding this or any other service needs.

I am attaching a copy of the contract dated 12-20-2012 which does not indicate that there was to be an "L-Shaped" grab bar installed, but we would be more than willing to return and repalce the grab bar that was installed with an "L-shaped" grab bar to resolve their complaint. They can contact our company at any time in the future should they have any future service needs by calling the phone numbers provided to them on the multiple documents provided to them as the time of sale or by calling our production department directly toll-free at ###-###-####.