MCR Property Maintenance

In regards to complaint # [redacted] Complainant is correct in the statement of representatives contracted on behalf of The MCR Group LLC.They are also correct in the time frames of work complete [redacted] ***, met with and discussed replacements with complainant multiple times There is absolutely no reason that the complainant should have been “stunned” by the statement that spaded trees were not covered under warranty There were conversations with the designer as well as the sales person that we would be transplanting trees form an outside source to achieve the size and height the customer was requestingThe fact that complainant found no wording of lack of coverage is concerning, considering he had multiple days to review the contract prior to signingThe proposal was submitted on March 4thand we did not receive a signed copy until March 19th If you view the attached terms and conditions, we have highlighted the areas in which it is stated Under the Planting heading, transplanted plants are not warrantedPlants procured from an outside source are not warrantedI understand how the client found the logic confusing, as they obviously did not read the sentence prior to the outside source statement As larger contractors regularly do, we also employ the services of sub-contractors A tree of the requested size is never grown with the intention of new installation It comes with the understanding that this is a transplanted material While the other nursery stock is procured from an outside source it is intended for planting, and that is why we cover it in our warrantiesFurthermore out of good faith for our clients and reputation, we did not charge the complainant for the installation of the replaced nursery stock Again it is clearly stated that owner will be responsible for the costs of installationThere has been no further contact from complainant after the June 6th emails We clearly stated our position on the ***er at that point As we had at time of signing We would never install such trees without the client being in complete understanding of the chances for survival, as well as the process of installation They were not the first client we have done this type of work for We have installed spaded trees that did not survive for other clients They understood the success rates, and have had no complaints when the trees did not make itRegarding his desired outcome, a refund plus no cost removal and repair of area is asking entirely too much Client was fully aware of the what may occur and agreed to those terms when contracted in Thank you for your consideration in regard to this ***erPlease let me know if I can provide anything else

I am sorry you are disappointed in our response.A spaded tree is by definition a transplant."A tree spade is a specialized machine that mechanizes the transplanting of large plants whose hand-powered transplanting (using [traditional] spades, wagons, and other equipment) would be prohibitively laborious."Nursery stock is grown in pots, or pails or balled and burlapped and then cared for with the intentions of planting They are planted from what they were grown inTherefore as they never took root in any other environment than what was delivered to your home, they are not transplanted material.I can guarantee that there was a discussion as to what a spaded tree was, where it was coming from and the premises behind it If the customer was unable to discern the difference between transplanted material and nursery stock procured for planting, we can have the same argument as heThere was ample opportunity for verbal or written concerns and questions regarding his projectThe customer failed to do so.We have stated that the customer request is too much We would gladly quote removal and replacement Since he is concerned with the mortality rate of a spaded tree, we can quote replacement with as large of a tree that is possible through our nurseries, balled and burlapped, grown for install Rough estimates that would be anywhere from $12-

I am sorry you are disappointed in our response.A spaded tree is by definition a transplant."A tree spade is a specialized machine that mechanizes the transplanting of large plants whose hand-powered transplanting (using [traditional] spades, wagons, and other equipment) would be prohibitively laborious."Nursery stock is grown in pots, or pails or balled and burlapped and then cared for with the intentions of planting.  They are planted from what they were grown in. Therefore as they never took root in any other environment than what was delivered to your home, they are not transplanted material.I can guarantee that there was a discussion as to what a spaded tree was, where it was coming from and the premises behind it.  If the customer was unable to discern the difference between transplanted material and nursery stock procured for planting, we can have the same argument as he. There was ample opportunity for verbal or written concerns and questions regarding his project. The customer failed to do so.We have stated that the customer request is too much.  We would gladly quote removal and replacement.  Since he is concerned with the mortality rate of a spaded tree, we can quote replacement with as large of a tree that is possible through our nurseries, balled and burlapped, grown for install.  Rough estimates that would be anywhere from $12-1600.00

I am deeply disappointed with the repsonse from MCR.  It contains false statements or at the least false assumptions.  There was never "complete understanding" or chance of survival as well as pr0ocess of installation as stated. In my multiple conversations with the designer/sales person, [redacted] (can't recall last name) who left mid-way through the process and with [redacted] as I went through and I initialed each and every entry on the contract was there ever a mention of non warranty coverage of the spaded tress, nor any discussion of 25% mortality rate.  Of note is that the spaded trees are referred to as"(4) spaded white spruce" and "TREE SPADE White Spruce Tree(s)"in the "Install Perimeter trees OPTION" of the contract that I initialed in my meeting with [redacted].  They were never referred to as "transplants" nor was there an entry in the reference to spaded trees that they were not covered by warranty.  MCR admits that other nursery stock is procured from outside sources and is "intended for planting".  My confusion continues as to how MCR can claim some trees and plantings, procured from outside sources and transplanted in my plan are covered by warranty but the sam does not apply the the previously referred to spaded trees.I obviously read the entire contract, including the warranty, including the full Planting section.  Since it was clear from conversations with [redacted] that MCR sourced all of most of there plantings from outside nurseries, that the outside procurement referred to something else.  Since there was no reference to spaded trees as "transplanted" which is what the other outside nursery sourced trees were also, that appeared to refer again to something else.  My assumption was that MCR would plant planting that I procured from an outside source , but would not warranty them.  That makes sense since they would not have charged me for the outside procured planting.  As I stated that was not the case with the spaded trees not any other outside source trees procuyred by MCR -which I paid MCR for in full and which they now want to parse and redefine to cover some but not all of these trees.  The same logic seemed to apply to transplanted plants -here the assumption (since nowehre in conversation nor in the contract are any planting, including spaded white spruce referred to as "transplanted".  If I had a tree or planting that existed and want them to be transplanted to comply with ar augment the plan, MCR would do the work and charge me for it but would not warranty the trees or planting, since they had not sold them to me to begin with.  There was ample opportunity for verbal or written exclusion of "spaded trees" from the warranty -if not in the boilerplate Warranty notes then clearly in the specific reference to the trees where they are twice referred to as spaded, and nvere as transplanted. MCR states that my desired outcome is asking entirely too much.  While I disagree, I would be interested in what they view as not too much.  Thanks, [redacted]

In regards to complaint #[redacted]. Complainant is correct in the statement of representatives contracted on behalf of The MCR Group LLC.They are also correct in the time frames of work complete. [redacted], met with and discussed replacements with complainant multiple...

times.  There is absolutely no reason that the complainant should have been “stunned” by the statement that spaded trees were not covered under warranty.  There were conversations with the designer as well as the sales person that we would be transplanting trees form an outside source to achieve the size and height the customer was requesting. The fact that complainant found no wording of lack of coverage is concerning, considering he had multiple days to review the contract prior to signing. The proposal was submitted on March 4th2015 and we did not receive a signed copy until March 19th 2015.  If you view the attached terms and conditions, we have highlighted the areas in which it is stated.  Under the Planting heading, transplanted plants are not warranted. Plants procured from an outside source are not warranted. I understand how the client found the logic confusing, as they obviously did not read the sentence prior to the outside source statement.  As larger contractors regularly do, we also employ the services of sub-contractors.  A tree of the requested size is never grown with the intention of new installation.  It comes with the understanding that this is a transplanted material.  While the other nursery stock is procured from an outside source it is intended for planting, and that is why we cover it in our warranties. Furthermore out of good faith for our clients and reputation, we did not charge the complainant for the installation of the replaced nursery stock.  Again it is clearly stated that owner will be responsible for the costs of installation. There has been no further contact from complainant after the June 6th emails.  We clearly stated our position on the [redacted]er at that point.  As we had at time of signing.  We would never install such trees without the client being in complete understanding of the chances for survival, as well as the process of installation.  They were not the first client we have done this type of work for.  We have installed spaded trees that did not survive for other clients.  They understood the success rates, and have had no complaints when the trees did not make it. Regarding his desired outcome, a refund plus no cost removal and repair of area is asking entirely too much.  Client was fully aware of the what may occur and agreed to those terms when contracted in 2015.  Thank you for your consideration in regard to this [redacted]er. Please let me know if I can provide anything else.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
[To assist us in bringing this [redacted]er to a close, we would like to know your view on the [redacted]er.]
Regards,
[redacted]P.S. Revdex.comThis response is not only unacceptable but insulting.  My complaint , at its essence, is that I was never told, either by the sales/designer, nor by [redacted], who took over and finished the job, that spaded trees were not covered by warranty.  They both had ample opportunity to do so and did not.  The condescending tone of the tone of the primer on spaded versus nursery is beside the point.  The language of the warranty is confusing and seemingly contradictory and I expect MCR to stand behind their employees and their failure to fully inform a customer of the consequences of choices they guided me to make. The offer to a full price replacement is unacceptable and clearly a reflection of the low regard that MCR has not only for customers but for Revdex.com.