Initial Business Response /* (1000, 5, 2015/05/19) */
The customer has been advised from the first complaint that the shelter is under a 10 year warranty and will be replaced if it cannot be repaired. Here is the warranty which is included in the contract paperwork:
Warranty For In-ground...
Concrete Shelters
The manufacturer warrants that there will be no leakage in the concrete structure for a period of 10 years from the date of installation. This includes the seal where the two (2) units are joined. The warranty does not include moisture that may appear from time to time in the form of condensation, commonly due to temperature variations, humidity, etc. Neither does the warranty include water that may enter the structure through the door or ventilator. Small cracks caused by expansion
and/or contraction which do not create a leakage or structural problem are not covered by the warranty. In the case of a warranty replacement. The cost to excavate and backfill the old and new unit is not covered under warranty. It is the responsibility of the customer to maintain the unit
which include lubricating the hinges on the door of the unit, as well as any other maintenance to keep the unit accessible. Any repairs due to lack of maintenance are not covered under warranty. This warranty does not cover any excavation, delivery, or backfill. Excludes the AG66 floor seam.
At the time of completion, the customer stated that the fence looked fine and everything looked good. It wasn't until later, were we notified that she was not happy with their fence. Their fence is an older fence. Part of it had to be taken down and re-assembled to access the job site. We offered to fix whatever she was unhappy with at the time we made repairs to the shelter and were told not to worry about the fence, that it was fine. Now she is bringing it up again. We have asked what she wants done, but have received no response on this matter.
The shelter is leaking from a hairline crack in the bottom of the shelter, which us below ground level, and is presenting absolutely zero problems to the integrity or strength of the shelter.
The method of repair is recommended by the manufacturer and has to be done, as explained to the customer, before replacement can take place. It is not a "concrete paint" as the customer stated, but rather a hydraulic patch" that is used to permanently seal active leaks. Before we applied the patch, the customer was informed at that time that if it did not work, we would have to replace the shelter. That was April 4th.
To say that we have not given any response is untrue. We have been in touch with the customer on the following dates:
March 28th
April 4th
April 5th
April 19th-Customer was informed that we would need to replace the shelter.
April 21st-Customer was informed that the ground conditions have to be VERY dry.
April 26th
May 4th-Customer stated it was pretty dry. (It was not dry enough)
May 7th
This is May 19th. We have had an extremely great amount of rain and the ground is saturated. Our truck will weigh about 50,000 lbs when leaving her yard. It has NOT been dry enough for this yet nor will it be for the foreseeable future using a 10 day forecast. We cannot nor will be accessing the job site until I feel it is dry enough and will not cause any further problems. We are professionals in this area and often the customer does not understand all there is to know about what has to be done in order to get the job done.
Concerning the fence, she needs to relay to us exactly what she is not happy about so that it can be taken care of. We can't fix something to the customer's liking if we don't know what they want fixed.
Throughout the ordeal, the customer has expressed dissatisfaction and negativity about the storm shelter. This is very uncommon with our customer base. This is our first formal complaint in 13 years of business. I want all of our customers to be happy with their shelter. I also understand that we can't make everyone happy. I do not feel the customer will ever be happy with their purchase, even after we replace it. It is my recommendation that we extract the shelter when it is dry enough and refund the customer's money or offer a cash settlement for appeasement. Perhaps she can find someone else to suit her shelter needs better than we can.
Initial Consumer Rebuttal /* (2000, 9, 2015/05/21) */
(The consumer indicated he/she ACCEPTED the response from the business.)
Agreed on a Cash settlement.
Initial Business Response /* (1000, 16, 2015/08/10) */
Mr. [redacted] applied for a loan through [redacted] of which we refer our clients to when they need financial assistance. This is the only affiliation we have with [redacted] They work with the client on their own.
As...
Mr. [redacted] stated "He pushed to get this done and now we have to pay and wait"; this statement in very misleading and incorrect. I did not hear from Mr. [redacted] until he was approved and [redacted] the loan officer needed an invoice.
To make the statement that "the first payment will be due before the product is installed" may or may not be true. I do not have right to those details.
Had Mr. [redacted] read the agreement that he signed, he would have found and should have realized that no guarantees are made as to a delivery date. Calling in utility locates is normal. You have to have a place available to put a storm shelter, knowing where they are is critical before installing the shelter.
Mr. [redacted] was told from the beginning that a delivery date could NOT be set until the time got closer and that we would be installing his shelter when we installed a few more around his location. Shelter orders are encouraged in the off season with preparations being made ahead of time, instead of last minute decision-as in this case which create strain and complications. Rain delay set us back a few weeks. I told him we would be there before the end of August, as I felt we could deliver before then. My crew leaves Tuesday, August 4th for the run his shelter would have been installed with; thus everything would have been delivered as promised. Mr. [redacted] gave quite a few excuses as to why we should put him in front of other customers and install his shelter before theirs. He was also told all that was needed was a [redacted] deposit to get him on the schedule. WE DO NOT REQURE FULL PAYMENT UNTIL SERVICES HAVE BEEN RENDERED. It was the decision of he and the bank to send the check; which doing so does gurantee that when we are ready, the funds are ready and doesn't delay his installation further.
As of today, July 30th his loan has been cancelled and money has been returned to the bank. His responsibilty to his loan has also been forgiven. The bank didn't even charge him any fees.
I want to compliment [redacted] in particular for going the extra mile for this customer.
Mr. [redacted]'s desired resolution of "having the storm shelter installed before the first payment is due" is not only impossible, but irresponsible on his part as well. He was informed from the beginning, and signed paperwork acknowledging the fact that a "rushed installation" was not guaranteed. And as stated previously in this email: WE DO NOT REQUIRE FULL PAYMENT, UNTIL SERVICES HAVE BEEN RENDERED, which is outlined in the contract documents that he signed.
Initial Business Response /* (1000, 5, 2015/05/19) */
The customer has been advised from the first complaint that the shelter is under a 10 year warranty and will be replaced if it cannot be repaired. Here is the warranty which is included in the contract paperwork:
Warranty For In-ground...
Concrete Shelters
The manufacturer warrants that there will be no leakage in the concrete structure for a period of 10 years from the date of installation. This includes the seal where the two (2) units are joined. The warranty does not include moisture that may appear from time to time in the form of condensation, commonly due to temperature variations, humidity, etc. Neither does the warranty include water that may enter the structure through the door or ventilator. Small cracks caused by expansion
and/or contraction which do not create a leakage or structural problem are not covered by the warranty. In the case of a warranty replacement. The cost to excavate and backfill the old and new unit is not covered under warranty. It is the responsibility of the customer to maintain the unit
which include lubricating the hinges on the door of the unit, as well as any other maintenance to keep the unit accessible. Any repairs due to lack of maintenance are not covered under warranty. This warranty does not cover any excavation, delivery, or backfill. Excludes the AG66 floor seam.
At the time of completion, the customer stated that the fence looked fine and everything looked good. It wasn't until later, were we notified that she was not happy with their fence. Their fence is an older fence. Part of it had to be taken down and re-assembled to access the job site. We offered to fix whatever she was unhappy with at the time we made repairs to the shelter and were told not to worry about the fence, that it was fine. Now she is bringing it up again. We have asked what she wants done, but have received no response on this matter.
The shelter is leaking from a hairline crack in the bottom of the shelter, which us below ground level, and is presenting absolutely zero problems to the integrity or strength of the shelter.
The method of repair is recommended by the manufacturer and has to be done, as explained to the customer, before replacement can take place. It is not a "concrete paint" as the customer stated, but rather a hydraulic patch" that is used to permanently seal active leaks. Before we applied the patch, the customer was informed at that time that if it did not work, we would have to replace the shelter. That was April 4th.
To say that we have not given any response is untrue. We have been in touch with the customer on the following dates:
March 28th
April 4th
April 5th
April 19th-Customer was informed that we would need to replace the shelter.
April 21st-Customer was informed that the ground conditions have to be VERY dry.
April 26th
May 4th-Customer stated it was pretty dry. (It was not dry enough)
May 7th
This is May 19th. We have had an extremely great amount of rain and the ground is saturated. Our truck will weigh about 50,000 lbs when leaving her yard. It has NOT been dry enough for this yet nor will it be for the foreseeable future using a 10 day forecast. We cannot nor will be accessing the job site until I feel it is dry enough and will not cause any further problems. We are professionals in this area and often the customer does not understand all there is to know about what has to be done in order to get the job done.
Concerning the fence, she needs to relay to us exactly what she is not happy about so that it can be taken care of. We can't fix something to the customer's liking if we don't know what they want fixed.
Throughout the ordeal, the customer has expressed dissatisfaction and negativity about the storm shelter. This is very uncommon with our customer base. This is our first formal complaint in 13 years of business. I want all of our customers to be happy with their shelter. I also understand that we can't make everyone happy. I do not feel the customer will ever be happy with their purchase, even after we replace it. It is my recommendation that we extract the shelter when it is dry enough and refund the customer's money or offer a cash settlement for appeasement. Perhaps she can find someone else to suit her shelter needs better than we can.
Initial Consumer Rebuttal /* (2000, 9, 2015/05/21) */
(The consumer indicated he/she ACCEPTED the response from the business.)
Agreed on a Cash settlement.
Initial Business Response /* (1000, 16, 2015/08/10) */
Mr. [redacted] applied for a loan through [redacted] of which we refer our clients to when they need financial assistance. This is the only affiliation we have with [redacted] They work with the client on their own.
As...
Mr. [redacted] stated "He pushed to get this done and now we have to pay and wait"; this statement in very misleading and incorrect. I did not hear from Mr. [redacted] until he was approved and [redacted] the loan officer needed an invoice.
To make the statement that "the first payment will be due before the product is installed" may or may not be true. I do not have right to those details.
Had Mr. [redacted] read the agreement that he signed, he would have found and should have realized that no guarantees are made as to a delivery date. Calling in utility locates is normal. You have to have a place available to put a storm shelter, knowing where they are is critical before installing the shelter.
Mr. [redacted] was told from the beginning that a delivery date could NOT be set until the time got closer and that we would be installing his shelter when we installed a few more around his location. Shelter orders are encouraged in the off season with preparations being made ahead of time, instead of last minute decision-as in this case which create strain and complications. Rain delay set us back a few weeks. I told him we would be there before the end of August, as I felt we could deliver before then. My crew leaves Tuesday, August 4th for the run his shelter would have been installed with; thus everything would have been delivered as promised. Mr. [redacted] gave quite a few excuses as to why we should put him in front of other customers and install his shelter before theirs. He was also told all that was needed was a [redacted] deposit to get him on the schedule. WE DO NOT REQURE FULL PAYMENT UNTIL SERVICES HAVE BEEN RENDERED. It was the decision of he and the bank to send the check; which doing so does gurantee that when we are ready, the funds are ready and doesn't delay his installation further.
As of today, July 30th his loan has been cancelled and money has been returned to the bank. His responsibilty to his loan has also been forgiven. The bank didn't even charge him any fees.
I want to compliment [redacted] in particular for going the extra mile for this customer.
Mr. [redacted]'s desired resolution of "having the storm shelter installed before the first payment is due" is not only impossible, but irresponsible on his part as well. He was informed from the beginning, and signed paperwork acknowledging the fact that a "rushed installation" was not guaranteed. And as stated previously in this email: WE DO NOT REQUIRE FULL PAYMENT, UNTIL SERVICES HAVE BEEN RENDERED, which is outlined in the contract documents that he signed.