Merrell's Nursery

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved] Complaint: [redacted] I am rejecting this response because: I filed this complaint not to renegotiating the terms already writen in the contract signed by both parties before starting the landscaping project, rather to ask Merrell's Nursery to do what they promised to accomplish, that is to garantee survival of one growing season of the plants they planted, therefore they shall either replace the deceased trees as promised, or remove the dead trees and refund the cost if, as Mr, Merrell already did before I filed the initial complaint, they refuse to abide by the signed contract The contract did not specify that they could just dig the tree next year and it then become my responsibility to pick up the trees in their nursery and find another landscape professional to plant them, there is simply no such language writen in the contract.In response to the second paragrah in MrMerrell's response, he blamed me not taking care of those plants I reiterate here that I did everything he told me to do for all those plants included in the said lanscaping project In fact some of the plants are bigger and taller than the two deceased ones I brought another very important issue to MrMerrell before filing the initial complaint, that was the wire baskets around the roots were sticking out of the ground This was found by the professionals who have been mowering the lawn aroung the house, those wire baskets damaged the blades under the riding mowerI asked the gentleman who cut the grass as well as consulted several lanscaping professionals in town, was told that the wire basket should be better removed before planting the trees , that if decided to leave in place , wire basket shall not be above the ground level, that the sticking out of wire basket indicated the trees were planted not deep enough, such trees have less chance to survive if they were only planted in the layer of top soil becasue this layer is basically the refill from the construction, it does not hold water well The trees need to be planted deeper therefore the roots could siffon more water from the deeper, true layer of soil in order to support the young trees in the dry season I found this explaination is fairly convincing, this could well explain why watering from above only is not effective Again, all I want is that the contract be fullfilled, if MrMerrell refuse to do the job he promised, he shall remove the dead trees and refund the cost Regards, Xiaopeng Zhang

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively
Resolved]
Complaint: ***
I am rejecting this response because:I filed this complaint not to renegotiating the terms already writen in the contract signed by both parties before starting the landscaping project, rather to ask Merrell's Nursery to do what they promised to accomplish, that is to garantee survival of one growing season of the plants they planted, therefore they shall either replace the deceased trees as promised, or remove the dead trees and refund the cost if, as Mr, Merrell already did before I filed the initial complaint, they refuse to abide by the signed contract. The contract did not specify that they could just dig the tree next year and it then become my responsibility to pick up the trees in their nursery and find another landscape professional to plant them, there is simply no such language writen in the contractIn response to the second paragrah in MrMerrell's response, he blamed me not taking care of those plants. I reiterate here that I did everything he told me to do for all those plants included in the said lanscaping project. In fact some of the plants are bigger and taller than the two deceased ones. I brought another very important issue to MrMerrell before filing the initial complaint, that was the wire baskets around the roots were sticking out of the ground. This was found by the professionals who have been mowering the lawn aroung the house, those wire baskets damaged the blades under the riding mowerI asked the gentleman who cut the grass as well as consulted several lanscaping professionals in town, was told that the wire basket should be better removed before planting the trees , that if decided to leave in place , wire basket shall not be above the ground level, that the sticking out of wire basket indicated the trees were planted not deep enough, such trees have less chance to survive if they were only planted in the layer of top soil becasue this layer is basically the refill from the construction, it does not hold water well. The trees need to be planted deeper therefore the roots could siffon more water from the deeper, true layer of soil in order to support the young trees in the dry season. I found this explaination is fairly convincing, this could well explain why watering from above only is not effective
Again, all I want is that the contract be fullfilled, if MrMerrell refuse to do the job he promised, he shall remove the dead trees and refund the cost
Regards,
Xiaopeng Zhang

September 15, Dear ***,
As we seem to have reached point of no return with *** *** even after I offered him two trees at no cost to him if he would pick them up and plant them, as I planted the two replacments this spring and he never offered to reimburse for these servides, even though it states there would be a service charge for delivery and planting according to the contract,I never bothered to bill him as he hasn't paid me for other services that performed over and above the contractSo if he doesn't accept my offer buess we will have to take the matter to courtAs I said in my last replyThis was my final offerI talked with my partner and he agrees

6-10-Received 2nd payment Check # ***

6-10-14Received 2nd payment Check # ***

September 15, 2015Dear ***, As we seem to have reached point of no return with *** *** even after I offered him two trees at no cost to him if he would pick them up and plant them, as I planted the two replacments this spring and he never offered to reimburse for these servides, even though it states there would be a service charge for delivery and planting according to the contract,I never bothered to bill him as he hasn't paid me for other services that performed over and above the contractSo if he doesn't accept my offer buess we will have to take the matter to courtAs I said in my last replyThis was my final offerI talked with my partner and he agrees

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved]
Complaint: ***
I am rejecting this
response because:
I filed this complaint not to renegotiating the terms already writen in the contract signed by both parties before starting the landscaping project, rather to ask Merrell's Nursery to do what they promised to accomplish, that is to garantee survival of one growing season of the plants they planted, therefore they shall either replace the deceased trees as promised, or remove the dead trees and refund the cost if, as Mr, Merrell already did before I filed the initial complaint, they refuse to abide by the signed contract. The contract did not specify that they could just dig the tree next year and it then become my responsibility to pick up the trees in their nursery and find another landscape professional to plant them, there is simply no such language writen in the contract.In response to the second paragrah in MrMerrell's response, he blamed me not taking care of those plants. I reiterate here that I did everything he told me to do for all those plants included in the said lanscaping project. In fact some of the plants are bigger and taller than the two deceased ones. I brought another very important issue to MrMerrell before filing the initial complaint, that was the wire baskets around the roots were sticking out of the ground. This was found by the professionals who have been mowering the lawn aroung the house, those wire baskets damaged the blades under the riding mowerI asked the gentleman who cut the grass as well as consulted several lanscaping professionals in town, was told that the wire basket should be better removed before planting the trees , that if decided to leave in place , wire basket shall not be above the ground level, that the sticking out of wire basket indicated the trees were planted not deep enough, such trees have less chance to survive if they were only planted in the layer of top soil becasue this layer is basically the refill from the construction, it does not hold water well. The trees need to be planted deeper therefore the roots could siffon more water from the deeper, true layer of soil in order to support the young trees in the dry season. I found this explaination is fairly convincing, this could well explain why watering from above only is not effective
Again, all I want is that the contract be fullfilled, if MrMerrell refuse to do the job he promised, he shall remove the dead trees and refund the cost
Regards,
Xiaopeng Zhang