Merrell's Nursery

6-10-14Received 2nd payment 1220.76. Check # [redacted]

[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]
 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 Mr. Merrell'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 Mr. Merrell 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 mower. I 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 Mr. Merrell refuse to do the job he promised, he shall remove the dead trees and refund the cost.
Regards,
Xiaopeng Zhang

6-10-14
Received 2nd payment 1220.76. Check # [redacted]