First of all we apologize for anyinconvenience this may have caused our customer, it’s always very aggravatingwhen deliveries do not go as plannedWhen the customer’s order leaves ourwarehouse and is picked up by an independent freight carrier all we get is atracking# to give to the customerThe customer’s responsibility lies withcontacting and making arrangements with that [redacted] y for delivery timesthat are convenient to both partiesUnfortunately like most other companiesthat use “independent freight services” to ship freight we are not notified ofany delivery problems or delays that may or may not take place [redacted] freight response to us:11/18/customer made an appointment with [redacted] freight for delivery for 1-pm on 11/18/Because the customers address wasin a rural or congested area [redacted] gave the order to their deliverysubcontractor which has smaller delivery trucksApparently they called ourcustomer at 3pm the day of delivery stating that the order was too big for themto deliver in the designated truck they thought they could deliver it in.Delivery was postponed in order to provide a lift gate service to the customer.Delivery was performed the next day on 11/19/It is unfortunate and again weapologize, but we simply cannot control unforeseen situations that are out ofour controlThat is why we do not state any guaranteed delivery days or time framesin our terms and Policies.Our shipping policies are: Shipping Policieswe ship tremendous amounts of flooring a yearthroughout the United States This high volume of shipping allows us"Huge discounts with our freight carriers" which in turn HoskingHardwood Flooring passes directly to youOur discount saves you hundreds ofdollars.The process of shipping is simple.We receive your order and it is processed thenplaced to be shippedWhen the shipment goes out we e-mail or call youwith a freight bill number along with the customer service number forthe [redacted] With this information you should call and makearrangements for deliveryShipping time is usually between 3-7daysWe provide Curbside Delivery (end of driveway) with all our shipmentsoutside our delivery areaHowever, in extremely rare cases you maylive in a very rural area or in such a congested area that the [redacted] ymay not be able to get their truck intoWhen you call to set up your delivery with them, you may be asked to pick up your order from that local terminalSometimes, the [redacted] ies can sub-contract the delivery out to a smaller local trucking company to deliver to youThese options are up to you and any added cost will be paid by you The [redacted] y may charge you a re-delivery charge for any prior arranged deliveries made with them by (you) thepurchaser who failed to meet them at the delivery locationHosking Hardwood Flooring is onlyresponsible to get the order to the terminal nearest to your location
Revdex.com: I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # [redacted] Please add your rejection comments below I reject Hosking Hardwood’s response First, I would like to address that [redacted] of Hosking Hardwoods choose not to respond back after the first week ofthe incident to my e-mails and/or phone communications regarding the dispute In my opinion, this exemplifies actions of a company that doesn’t care or whywould they have not responded So, I would like Hosking Hardwoods to address the question of why they did not communicate back with me to resolve this in a professional business like manner? They cannot claim they were not notified of any delivery problems or delays that may or may not have taken place, when Icontacted them directly about the issueSecond, [redacted] never contacted me at 3:P.Mon 11/as stated in their response and it was in fact the sub contractor [redacted] that calledme up on that day (cell phone records to prove this fact) In addition [redacted] never indicated why the job was subcontracted to them and when I called [redacted] about the situation the person handling the scheduling there indicated [redacted] was not supposed to pick the flat my flooring was located on that day The claim in the response that “the order was too big for them to deliver in the designated truck they thought they could deliver it in.” The order didn’t evenfill up an entire flat and could have easily fit in the back of a picktruck as I was present at the time of delivery The lift gate was “offered to me” on the 18th “after” the scheduling mishap and not postponed because of it In addition, they claim my address is in a rural or congested area I live minutes from a major city, which eliminates the rural aspect The fact that a large semi truck from [redacted] has delivered appliances to me at this address in the past indicates this is not a congested area Also, if they thought the shipment was “too big” or the area was “rural or congested”, why did they wait until 3:P.Mon the day of the delivery to indicate this reasoning This should have been determined ahead of time given the appointment was made several days in advance of the scheduled delivery date and I should not have to pay for this mistake This is not an “unforeseen situation”, but incompetence on their part So, [redacted] claim that the delivery was too big for their truck (and they are a freight company) yet subcontracted it out to their delivery subcontractor because it has smaller delivery trucks makes absolutely no sense and is a contradiction An order is "too big" for your designated truck yet you subcontract it out to a company with "smaller" delivery trucks?Third, Hosking Hardwoods cannot not deny responsibility citing “independent freight services” as my contract is directly with them andthey never addressed [redacted] Article Sales, [redacted] (1) concerning the “delegation of performance - assignment of rights” Itspecifically states: "A party may perform his duty through a delegate unless otherwise agreed or unless the other party has a substantial interest in having his original promisor perform or control the acts required by the contractNo delegation of performance relieves the party delegating of any duty to perform or any liability forbreach."Fourth, Hosking Hardwoods just repeated their terms and procedures in their response They even quoted a phrase from my initial complaint that was used against them I previously quoted their terms and procedures stating:“Sometimes, the freight companies can sub-contract the delivery out to a smaller local trucking company to deliver to youThese options are up to you and any added cost will be paid by you." Again, I was never given the option to have a sub-contractor deliver the flooring and this action of subcontracting the delivery caused me to use hours of vacation time which amounts to $of my wagesSo, using a subcontractor without my approval and causing me to endue losses to compensate for their mistake is in my opinion a violation of Hosking Hardwoods own terms and polices So, I would like them to address this point, which was not done in their initial response In closing, Hosking Hardwoods choose to ignore my communications to resolve this dispute and never really addressed any of my points brought up in the initialcomplaint If Hosking Hardwoods would like to proceed to court over this diminutive amount of money that is fine and I have no problem proceeding in court as the principle of not respecting someone else’s time outweighs the amount of money in this dispute I would have Hosking look at their terms and policies which states: “By purchasing any product from this site it is agreed that any litigation concerning the quality or any possible damage that may occur from the use of this flooring be litigated in Bristol County MA”This dispute is not over the quality of the flooring or any damage that occurred using the flooring This is a delivery matter and thus subject to Kentuckyjurisdiction I would hope Hosking Hardwoods would re-examine the issue at hand and take responsibility for what transpired instead of giving in my opinion a somewhat vague denial Mistakes are made all the time, but it is how you handle those mistakes that are a true reflection of one’s character Regards, [redacted]
Customeragreed to our terms prior to her order being placedWe do not bait and switchour customers It was clearly explained to her that our distributorswill NOT take back moldings as they are special orderedThere are many otherretailers that have same termsPlease see the Customers return e-mail to usbelow stating that she understood our policies regarding moldingsThis policyis also clearly stated on our websiteFor privacy reasons we have blockedcustomers name and e-mail address -----OriginalMessage-----From:XXXXX Family [mailto:[email protected]]Sent:Monday, July 06, 2:PMTo: [redacted] < [redacted] @hoskinghardwood.com>Subject:Re: Invoice [redacted] from Hosking Hardwood Flooring(www.hoskinghardwood.com) Iunderstand there are no returns on moldings.~ [redacted] XXXX > OnJul 6, 2015, at 1:PM, [redacted] > < [redacted] @hoskinghardwood.com>wrote:> Your invoice is attached showing your order for stairnoses to match > the [redacted] Travertine solidPlease take a look at it and make sure > the billing/shipping information is correctIf anything needs to be >changed, just let me know.Additionally, since you didn't purchase the actual flooring from us, I > need to you read and understand our policy (below) on ordering > moldings without the flooringBasically, because hardwood is a > natural product, there can be shading differences when the stain isapplied that we can't control.>Additionally, since we didn't sell you the flooring, we can't be sure > that it is the actual Travertine you have downUltimately, there are > no returns on moldingsIf any of this is confusing and/or you have >questions, just let me know.>Thank you for your molding order: due to the possible inherent issues > with wood moldings exactly matching your existing wood flooring, we >require you to verify our terms of sale for these moldings below:>There are few flooring Manufacturers that make their own moldings they > are manufactured by other companies that provide that service.>Moldings are generic and due to them possibly being from a different > die or batch lot they may or may not be an exact match to your >flooring color --- especially when trying to match older flooring.> Moldings are sold as a complimentary color to that flooringWe > suggest installing particular floorboards that best match the molding > color next to where the molding is going to be installed for a gradual > color matchMoldings may have slight design variations compared to > other manufactured moldingsIn rare cases of availability issues > Hosking Hardwood Flooring reserves the right to substitute one brand > for another.> If these terms of sale are acceptable please click reply to this >e-mail message and state that you understand there are No returns onmoldings.> If these terms of sale are Not acceptable please click reply to this >e-mail message and state that you want to cancel your molding order.> Your Molding order will not be processed until we receive this reply > from you.> Thank you for your understanding72.pdf>
Revdex.com: I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # [redacted] Please add your rejection comments below I reject Hosking Hardwoods response Again Hosking Hardwoods "was informed by me of the problem", so they cannot infer that they were not notified of the delivery issue In fact I have an e-mail from [redacted] Hosking indicating she contacted the check traffic division of the freight company to find out the problem So, they were fully aware of the problem I informed them of the initial problem on 11/and except for one e-mail a couple of days past that I never heard back from the company even though I followed up on the issue with them So, I think approximately two months is sufficient time to get back with a customer on a problem that was brought to their attention Hosking Hardwoods choose not to follwith me, so explain how this is representative of a company that "cares"? I would ask [redacted] to provide a copy of any e-mail sent to me past 11/regarding this issue.The freight company had a couple days ahead of time when I scheduled the delivery to determine where I live and to say they determined it at 3:P.Mon the day of the delivery that it is a rural or congested area is not going to sit well with a judge when I file a complaint in our local court system So, if it was scheduled to be delivered between 1:P.Mand 5:P.M and you wait until 3:P.Mof that day to notify the customer (which is hours past the delivery window) is not very believable and if true then in my opinion it is incompetent Again, I don't live in a rural area nor a congested area as evidenced by my previous response Also, the shipment didn't even fill up one flat and to say that it was "too big" for the designated truck is not very believable So, all of these are in my opinion excuses given by the freight company for the mishap that occurredWe can debate the sub-contractor clause in your contract in court as I disagree with your argument, but to say that using a sub-contractor did not cost/charge me anything is indicative of your company not valuing a customer's time For me to take off hours of work because of a "MISHANDILING" on part of the delivery company is a "COST/CHARGE" to me Maybe your company doesn't consider it a cost/charge, but I would argue most customers would.Hosking Hardwoods never addressed ***, Article Sales, [redacted] (1), which prevents them from denying responsibility They claim their only responsibility is to get a customer's flooring order to their nearest freight terminal This statue prevents a so called not my responsibility defense The original contract was with Hosking Hardwoods and therefore they cannot deny responsibility as they are the one's that charged me for the freight service I would content that any customer reading this argument is tired of a company charging you for something and then saying it is not my responsibility at some point We can go back and forth arguing, but the fact is the freight company subcontracted out my delivery and I was never notified until hours into the delivery window that the delivery date was changed Both sides of the argument uphold this fact Hosking Hardwoods also choose not to communicate with me past 11/on the dispute regardless of my communication attempts with them and no valid evidence to contradict this has been submitted by them ***, Article Sales, [redacted] (1) prevents Hosking from saying their "only responsibility is to get a customer's flooring order to their nearest freight terminal." In closing, Hosking Hardwoods instead of trying to work with a customer on a problem that was "brought to their attention" choose not to communicate back to resolve the issue and then infer the problem that occurred is "not their responsibility." Instead of trying to resolve a customer dispute they are going to end up in a KY court over $ If that is the route they choose then I am fully prepared to move forward with that avenue of resolution Regards, [redacted]
First of all we apologize for anyinconvenience this may have caused our customer, it’s always very aggravatingwhen deliveries do not go as plannedWhen the customer’s order leaves ourwarehouse and is picked up by an independent freight carrier all we get is atracking# to give to the customerThe customer’s responsibility lies withcontacting and making arrangements with that [redacted] y for delivery timesthat are convenient to both partiesUnfortunately like most other companiesthat use “independent freight services” to ship freight we are not notified ofany delivery problems or delays that may or may not take place [redacted] freight response to us:11/18/customer made an appointment with [redacted] freight for delivery for 1-pm on 11/18/Because the customers address wasin a rural or congested area [redacted] gave the order to their deliverysubcontractor which has smaller delivery trucksApparently they called ourcustomer at 3pm the day of delivery stating that the order was too big for themto deliver in the designated truck they thought they could deliver it in.Delivery was postponed in order to provide a lift gate service to the customer.Delivery was performed the next day on 11/19/It is unfortunate and again weapologize, but we simply cannot control unforeseen situations that are out ofour controlThat is why we do not state any guaranteed delivery days or time framesin our terms and Policies.Our shipping policies are: Shipping Policieswe ship tremendous amounts of flooring a yearthroughout the United States This high volume of shipping allows us"Huge discounts with our freight carriers" which in turn HoskingHardwood Flooring passes directly to youOur discount saves you hundreds ofdollars.The process of shipping is simple.We receive your order and it is processed thenplaced to be shippedWhen the shipment goes out we e-mail or call youwith a freight bill number along with the customer service number forthe [redacted] With this information you should call and makearrangements for deliveryShipping time is usually between 3-7daysWe provide Curbside Delivery (end of driveway) with all our shipmentsoutside our delivery areaHowever, in extremely rare cases you maylive in a very rural area or in such a congested area that the [redacted] ymay not be able to get their truck intoWhen you call to set up your delivery with them, you may be asked to pick up your order from that local terminalSometimes, the [redacted] ies can sub-contract the delivery out to a smaller local trucking company to deliver to youThese options are up to you and any added cost will be paid by you The [redacted] y may charge you a re-delivery charge for any prior arranged deliveries made with them by (you) thepurchaser who failed to meet them at the delivery locationHosking Hardwood Flooring is onlyresponsible to get the order to the terminal nearest to your location
Revdex.com: I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # [redacted] Please add your rejection comments below I reject Hosking Hardwood’s response First, I would like to address that [redacted] of Hosking Hardwoods choose not to respond back after the first week ofthe incident to my e-mails and/or phone communications regarding the dispute In my opinion, this exemplifies actions of a company that doesn’t care or whywould they have not responded So, I would like Hosking Hardwoods to address the question of why they did not communicate back with me to resolve this in a professional business like manner? They cannot claim they were not notified of any delivery problems or delays that may or may not have taken place, when Icontacted them directly about the issueSecond, [redacted] never contacted me at 3:P.Mon 11/as stated in their response and it was in fact the sub contractor [redacted] that calledme up on that day (cell phone records to prove this fact) In addition [redacted] never indicated why the job was subcontracted to them and when I called [redacted] about the situation the person handling the scheduling there indicated [redacted] was not supposed to pick the flat my flooring was located on that day The claim in the response that “the order was too big for them to deliver in the designated truck they thought they could deliver it in.” The order didn’t evenfill up an entire flat and could have easily fit in the back of a picktruck as I was present at the time of delivery The lift gate was “offered to me” on the 18th “after” the scheduling mishap and not postponed because of it In addition, they claim my address is in a rural or congested area I live minutes from a major city, which eliminates the rural aspect The fact that a large semi truck from [redacted] has delivered appliances to me at this address in the past indicates this is not a congested area Also, if they thought the shipment was “too big” or the area was “rural or congested”, why did they wait until 3:P.Mon the day of the delivery to indicate this reasoning This should have been determined ahead of time given the appointment was made several days in advance of the scheduled delivery date and I should not have to pay for this mistake This is not an “unforeseen situation”, but incompetence on their part So, [redacted] claim that the delivery was too big for their truck (and they are a freight company) yet subcontracted it out to their delivery subcontractor because it has smaller delivery trucks makes absolutely no sense and is a contradiction An order is "too big" for your designated truck yet you subcontract it out to a company with "smaller" delivery trucks?Third, Hosking Hardwoods cannot not deny responsibility citing “independent freight services” as my contract is directly with them andthey never addressed [redacted] Article Sales, [redacted] (1) concerning the “delegation of performance - assignment of rights” Itspecifically states: "A party may perform his duty through a delegate unless otherwise agreed or unless the other party has a substantial interest in having his original promisor perform or control the acts required by the contractNo delegation of performance relieves the party delegating of any duty to perform or any liability forbreach."Fourth, Hosking Hardwoods just repeated their terms and procedures in their response They even quoted a phrase from my initial complaint that was used against them I previously quoted their terms and procedures stating:“Sometimes, the freight companies can sub-contract the delivery out to a smaller local trucking company to deliver to youThese options are up to you and any added cost will be paid by you." Again, I was never given the option to have a sub-contractor deliver the flooring and this action of subcontracting the delivery caused me to use hours of vacation time which amounts to $of my wagesSo, using a subcontractor without my approval and causing me to endue losses to compensate for their mistake is in my opinion a violation of Hosking Hardwoods own terms and polices So, I would like them to address this point, which was not done in their initial response In closing, Hosking Hardwoods choose to ignore my communications to resolve this dispute and never really addressed any of my points brought up in the initialcomplaint If Hosking Hardwoods would like to proceed to court over this diminutive amount of money that is fine and I have no problem proceeding in court as the principle of not respecting someone else’s time outweighs the amount of money in this dispute I would have Hosking look at their terms and policies which states: “By purchasing any product from this site it is agreed that any litigation concerning the quality or any possible damage that may occur from the use of this flooring be litigated in Bristol County MA”This dispute is not over the quality of the flooring or any damage that occurred using the flooring This is a delivery matter and thus subject to Kentuckyjurisdiction I would hope Hosking Hardwoods would re-examine the issue at hand and take responsibility for what transpired instead of giving in my opinion a somewhat vague denial Mistakes are made all the time, but it is how you handle those mistakes that are a true reflection of one’s character Regards, [redacted]
Customeragreed to our terms prior to her order being placedWe do not bait and switchour customers It was clearly explained to her that our distributorswill NOT take back moldings as they are special orderedThere are many otherretailers that have same termsPlease see the Customers return e-mail to usbelow stating that she understood our policies regarding moldingsThis policyis also clearly stated on our websiteFor privacy reasons we have blockedcustomers name and e-mail address -----OriginalMessage-----From:XXXXX Family [mailto:[email protected]]Sent:Monday, July 06, 2:PMTo: [redacted] < [redacted] @hoskinghardwood.com>Subject:Re: Invoice [redacted] from Hosking Hardwood Flooring(www.hoskinghardwood.com) Iunderstand there are no returns on moldings.~ [redacted] XXXX > OnJul 6, 2015, at 1:PM, [redacted] > < [redacted] @hoskinghardwood.com>wrote:> Your invoice is attached showing your order for stairnoses to match > the [redacted] Travertine solidPlease take a look at it and make sure > the billing/shipping information is correctIf anything needs to be >changed, just let me know.Additionally, since you didn't purchase the actual flooring from us, I > need to you read and understand our policy (below) on ordering > moldings without the flooringBasically, because hardwood is a > natural product, there can be shading differences when the stain isapplied that we can't control.>Additionally, since we didn't sell you the flooring, we can't be sure > that it is the actual Travertine you have downUltimately, there are > no returns on moldingsIf any of this is confusing and/or you have >questions, just let me know.>Thank you for your molding order: due to the possible inherent issues > with wood moldings exactly matching your existing wood flooring, we >require you to verify our terms of sale for these moldings below:>There are few flooring Manufacturers that make their own moldings they > are manufactured by other companies that provide that service.>Moldings are generic and due to them possibly being from a different > die or batch lot they may or may not be an exact match to your >flooring color --- especially when trying to match older flooring.> Moldings are sold as a complimentary color to that flooringWe > suggest installing particular floorboards that best match the molding > color next to where the molding is going to be installed for a gradual > color matchMoldings may have slight design variations compared to > other manufactured moldingsIn rare cases of availability issues > Hosking Hardwood Flooring reserves the right to substitute one brand > for another.> If these terms of sale are acceptable please click reply to this >e-mail message and state that you understand there are No returns onmoldings.> If these terms of sale are Not acceptable please click reply to this >e-mail message and state that you want to cancel your molding order.> Your Molding order will not be processed until we receive this reply > from you.> Thank you for your understanding72.pdf>
Revdex.com: I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # [redacted] Please add your rejection comments below I reject Hosking Hardwoods response Again Hosking Hardwoods "was informed by me of the problem", so they cannot infer that they were not notified of the delivery issue In fact I have an e-mail from [redacted] Hosking indicating she contacted the check traffic division of the freight company to find out the problem So, they were fully aware of the problem I informed them of the initial problem on 11/and except for one e-mail a couple of days past that I never heard back from the company even though I followed up on the issue with them So, I think approximately two months is sufficient time to get back with a customer on a problem that was brought to their attention Hosking Hardwoods choose not to follwith me, so explain how this is representative of a company that "cares"? I would ask [redacted] to provide a copy of any e-mail sent to me past 11/regarding this issue.The freight company had a couple days ahead of time when I scheduled the delivery to determine where I live and to say they determined it at 3:P.Mon the day of the delivery that it is a rural or congested area is not going to sit well with a judge when I file a complaint in our local court system So, if it was scheduled to be delivered between 1:P.Mand 5:P.M and you wait until 3:P.Mof that day to notify the customer (which is hours past the delivery window) is not very believable and if true then in my opinion it is incompetent Again, I don't live in a rural area nor a congested area as evidenced by my previous response Also, the shipment didn't even fill up one flat and to say that it was "too big" for the designated truck is not very believable So, all of these are in my opinion excuses given by the freight company for the mishap that occurredWe can debate the sub-contractor clause in your contract in court as I disagree with your argument, but to say that using a sub-contractor did not cost/charge me anything is indicative of your company not valuing a customer's time For me to take off hours of work because of a "MISHANDILING" on part of the delivery company is a "COST/CHARGE" to me Maybe your company doesn't consider it a cost/charge, but I would argue most customers would.Hosking Hardwoods never addressed ***, Article Sales, [redacted] (1), which prevents them from denying responsibility They claim their only responsibility is to get a customer's flooring order to their nearest freight terminal This statue prevents a so called not my responsibility defense The original contract was with Hosking Hardwoods and therefore they cannot deny responsibility as they are the one's that charged me for the freight service I would content that any customer reading this argument is tired of a company charging you for something and then saying it is not my responsibility at some point We can go back and forth arguing, but the fact is the freight company subcontracted out my delivery and I was never notified until hours into the delivery window that the delivery date was changed Both sides of the argument uphold this fact Hosking Hardwoods also choose not to communicate with me past 11/on the dispute regardless of my communication attempts with them and no valid evidence to contradict this has been submitted by them ***, Article Sales, [redacted] (1) prevents Hosking from saying their "only responsibility is to get a customer's flooring order to their nearest freight terminal." In closing, Hosking Hardwoods instead of trying to work with a customer on a problem that was "brought to their attention" choose not to communicate back to resolve the issue and then infer the problem that occurred is "not their responsibility." Instead of trying to resolve a customer dispute they are going to end up in a KY court over $ If that is the route they choose then I am fully prepared to move forward with that avenue of resolution Regards, [redacted]