National Contractors

I write in connection with the above-noted matter which was disclosed in correspondence from your office, dated November 28, & received at our office on December 6, 2017, along with a request to file a reply within ten (10) calendar days from date of correspondence Please be advised that we take all customer complaints seriously however, to permit sufficient time to fully investigate the circumstances with this file & provide an informed response, we are requesting an extension on your deadline to December 13, Best regards, [redacted] President

Initial Business Response / [redacted] (1000, 8, 2015/08/25) */ NuWay Kitchens entered into a contractual agreement with [redacted] for the supply of cabinetry & counter tops on [redacted] in an amount of $ [redacted] , inclusive of HSTPayment terms required a deposit of **% of the total amount upon execution of the contract with the remaining***% due prior to installation, as clearly stated on our contractUnfortunately, during the period of time between contract execution & installation of [redacted] 's cabinets, the sales designer responsible for the file [redacted] necessary communication to complete manufacturing resulted in a delay with the installationDespite the absence of the initial representative, regular communication was provided to [redacted] by our Order Scheduling as well as Customer Service personnel on revised installation as well as the many repeat visits to the residence to investigate & address complaints In correspondence to [redacted] earlier this year, I acknowledged there had been errors with the design by our former sales representative & that we had accepted responsibility & were agreeable to replace a significant quantity of cabinets, as requested by himThis occurred, as committedAdditionally, I accepted claims by [redacted] for replacement of cabinets & materials which he maintained had been communicated with our former designer however, were never included in the original design nor were ever charged in our pricingAll of his claims were accepted & replaced without dispute, as an expression of good faith on our part to honour our commitment All of this resulted in significant added expense to our company without any recovery however, despite our action, we were never able to satisfy the concerns of [redacted] & the demands for further replacement of items continuedTo date, our installation & customer service teams have made in excess of twenty (20) visits to [redacted] 's home for investigation of complaints & to remove / reinstall cabinetry & counter tops [redacted] However, at this stage, [redacted] is indebted to our company for the remainder of our contracted price, totalling $ [redacted] Our repeated requests for settlement of this amount have been ignored & he is clearly in contravention of our agreementIt is our opinion that he has no intention of honouring his obligation & as such, no further claims of deficiencies will be accepted Initial Consumer Rebuttal / [redacted] (3000, 10, 2015/09/02) */ (The consumer indicated he/she DID NOT accept the response from the business.) His response is not acceptable to meWhen the cabinets were ready NuWay Kitchens requested $ [redacted] to begin the installationThis amount was paid in full and the installation of the cabinetry began soon thereafterNuWay is implying that because they did not receive full payment of the $ [redacted] I am in contravention of the agreementThe truth is that NuWay only asked for $ [redacted] to complete the install and that the remaining amount of $ [redacted] was to be paid when they finishedI paid them exactly what they requested, if they had required $ [redacted] to begin installation and only received $ [redacted] why would they have begun the installation of the cabinetsIf this is the case, they did not execute there own contract properly Nuway is also suggesting that as an "expression of good faith" they replaced cabinets & materials that were never included in the original design or in the original price, however, on [redacted] , NuWay explicitly stated in an email, " [redacted] , your designer, [redacted] &and we have been challenged in understanding many of the issues which arose during the installation of your kitchen cabinets & vanities, without the benefit of an explanation by her, our staff attempted to follow her design from information obtained in your file"How can NuWay be certain that they replaced cabinets and materials that were never included in the price when they admit to being challenged in understanding the information obtained from her file? Nuway also stated that, "all these issues were a result of an inaccurate design caused by a sales designer that [redacted] " It should be noted that this whole situation could have been avoided if NuWay had just confirmed the measurements on file after [redacted] ; instead they attempted to interpret the information left in her fileAs a result, Nuway built and installed cabinets based on incorrect informationWhen problems occurred they then tried to correct the issues but soon found out that once you make changes to one cabinet the adjacent cabinets are affectedFor example, the opening for the fridge and the range hood had to be adjusted several times, getting bigger and smaller and in the end my fridge and stove still does not fit properlyThis is just one example After several failed attempts to correct their mistakes, I believe NuWays strategy was to get it to the point where they could walk away and then claim that I was the one being difficult or unreasonableHowever, these are the facts: NuWay asked me for $ [redacted] to complete installation of cabinetry and to repay the remaining $ [redacted] when the job was finished; NuWay, after receiving the $ [redacted] , commenced work on the installation; NuWay asked for the remaining amount of $ [redacted] when they claimed the cabinets where finished; Nuway did not confirm the measurements of my kitchen after the sales designer left [redacted] and before they built the cabinets; All issues were the result of an inaccurate design, created by a designer that was employed by Nuway but left prior to the completion the job; NuWay did not assign a new designer to my file; The contract proves that I did not make claims for additional cabinets or materials; I am not in contravention of our agreementThey did not execute the contract properlyIt is there contract; I have never indicated to NuWay or anybody else that I will not honour my $ [redacted] obligation; After more than a year, the cabinets are still not finished; They claim the company has incurred significant costsMy family and I can also claim significant losses; and All other contractors and companies involved with the building of my home have been paid in full It is not my fault that issues within Nuway's organization resulted in them producing a product that was not to specifications that we agreed onWe paid a substantial amount of money for what we thought was going to be our dream kitchen and do not feel that we should be punished for their negligenceFurthermore, it is unfair that me identifying deficiencies and wanting them corrected is being portrayed as me being difficultI just want what I was promised in the contract and what I paid for even if that requires visits to my home Final Business Response / [redacted] (4000, 15, 2015/09/17) */ Good Afternoon; With reference to the afore-mentioned case file, I see nothing in [redacted] 's latest communication to your office which might suggest any movement on his part to arrive at a satisfactory conclusion to this matterWe have clearly reported that [redacted] 's refusal to honour his obligation to our company with settlement of the outstanding balance, is in contravention of our agreementDespite this acknowledgement, he continues to claim that we are negligent in not concluding our work to his desired satisfactionAs a result of his action, & as we stated in our initial response, we no longer hold any promise that our funds will be forthcomingAs such & until such time as we are in receipt of the balance owing, no further claim for deficiencies will be accepted [redacted] Final Consumer Response / [redacted] (4200, 17, 2015/09/25) */ (The consumer indicated he/she DID NOT accept the response from the business.) Nu-Way Kitchens agreed to complete the install of the cabinets upon our payment of $ [redacted] and the remaining $ [redacted] due upon completion of the install Nu-Ways request for final payment of $ [redacted] and there inability to complete the install of the cabinets(due to poor and incorrect design)is not in accordance with our agreement We take the position that Nu-Way represented a different payment agreement that's contradictory to there written contract, therefore Nu-Way cannot in any way assert the payment terms of there written contract [redacted]

Initial Business Response /* (1000, 14, 2015/08/24) */
On *** **, *** our company entered into a contractual agreement with Ms*** *** and Mr*** *** for supply of new cabinetryAs often occurs however, final decisions by our customers on items involving counter top colours and hardware
are delayedIn this case, all decisons were not finalized until mid-*** and the customer was provided with a tentative installation date of *** **, ***, approximately weeks from completion of order specificsDelivery of cabinets occurred on *** **th & installation commenced on the **th, as stated
As a result of unevenness of the walls & levelling issues within the premises, our installer ordered additional material from our plant to address the aforementionend challengesThis necessitated a delay in full completion of the installation while the added material was being manufacturedFurther, at this time, it was determined that following a revision by the customer's contractor on the layout for the kitchen area which, was never communicated to our representatives, increased space existed & the customer decided on an addition of a new cabinetThis request was formally ordered & scheduled in our production cycle on *** **thUpon receipt of an email inquiry from the customer on *** *th, our customer service department provided confirmation of the production status of the additional materials needed to complete the installation as well as the new cabinetUpon receipt of the finishing paint from our supplier on *** **th, completion of all materials & the new cabinet occured on *** **thContact was made with Ms*** the same day to arrange a convenient time to retun to her home to complete the installation; this occurred on *** **thFollowing a complaint by Ms*** concerning the finishing on the new cabinet, our delivery driver returned the cabinet to our plant for inspectionIt was determined by our Quality Control Manager that the cabinet was indeed finished as required however, the shading effect inside the cabinet in the customer's home left an appearance inconsistent with the remaining cabinetryA decision was reached to apply an additional finishing coat, without cost, in an attempt to reduce the shading effectThe cabinet was then returned to the customer's home on *** **th when the installation was completed
Unfortunately, the sales designer who handled this file is no longer in our employ & I am unable to verify any claim concerning absence of communication in the initial stageMy investigation of the information provided to Ms*** on *** *th by our customer service department determined that the filler materials ordered by our installer were manufactured however, still awaited the painted finish
Given that circumstances existed beyond NuWay's control in the change of floor layout by the customer/contractor, unevenness & levelling of the area as well as the addition of a new cabinet, I am satisfied our personnel acted responsibly & within a reasonable production timeframeIt is unfortunate that Ms*** feels that our service was unsatisfactory however, I find no basis on which monetary compensation is warranted
*** ***
***
Initial Consumer Rebuttal /* (3000, 16, 2015/08/30) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Nuway's response is completely dishonest
My contractor DID NOT revise the layout of the kitchen designIt was Nuway's salesperson who told me - mid-project - that there was room for a wine cabinetIf she had told me it would add weeks to the project's completion, I would not have ordered the cabinet
The wine cabinet was NOT finished as requiredNuway didn't bother to paint it before they sent it to my house for installationThey can pretend all they like that they did me a favour at "no extra cost" but the fact is they did not do the job properly and added unnecessary delays to the project's completion
As far as I, and my husband, are concerned, Nuway's response is completely unacceptableThey refuse to take responsibility for the shoddy work and delays
Final Business Response /* (4000, 23, 2015/09/11) */
we have provided our reply to Ms***'s claimIt would appear from her latest response that she was anticipating receipt of the additional new cabinet in less that the approximate three weeks in which it took to produceAs a manufacturer, our timeframe for completion of orders ranges from four to six weeks, depending on specifics with the orderThe fact that this cabinet was delivered & installed within three weeks is well within an acceptable timeframe for manufacturing & as noted in our previous response, does not warrant compensation
You have requested that we put forward a position to resolve the disputeIt is obvious that Ms*** is only interested in receiving some form of financial remuneration & this is outside of reasonable expectation as we are firm in our position that the claim is without substanceNonetheless, it would appear that her issue stems from the new cabinet which was ordered following delivery & installation of the kitchen cabinetsTherefore, upon receipt of this cabinet by our plant in the same condition in which it was supplied, we will issue a refund for the amount charged
Best regards,
*** ***
Final Consumer Response /* (4200, 25, 2015/09/14) */
(The consumer indicated he/she DID NOT accept the response from the business.)
If the standard timeframe for manufacture and install of a single wine rack is 4-weeks, NuWay should have told me before I put in the orderI was aware, of course, that the manufacture and install of the ALL the kitchen cabinets and counters was going to take 4-weeksThat was made quite clear to me from the start of the projectHowever, when the NuWay rep I had been dealing with since the start of the project told me mid-project that there was space (which SHE had not foreseen there being) for a wine rack and she told me that I could order one, at no point did she say this single unit would take 4-weeks*** *** It's clear that the sales rep at NuWay had no idea the wine rack would take 4-weeksIf I had known it would take that long, I would not have paid the extra money and ordered the wine rackIF it's true that NuWay had a 4-week timeframe on the wine rack all along, then it is the company's own fault for not training their sales team properlyAnd, given that the sales rep was in touch with other members of the NuWay team, why didn't one of them tell her that 4-weeks was standard?
Either NuWay is now being dishonest about the timeframe or they did not train their salesforce properly***I DID NOT - as they have previously suggested - change my floor plansIt was NuWay who took measurements, created a floor plan and then suggested a change mid-way through the projectI DID NOT know a single wine rack was going to take 4-weeks***
***

Initial Business Response /* (1000, 8, 2015/08/25) */
NuWay Kitchens entered into a contractual agreement with [redacted] for the supply of cabinetry & counter tops on [redacted] in an amount of $[redacted], inclusive of HST. Payment terms required a deposit of **% of the total amount upon...

execution of the contract with the remaining[redacted]% due prior to installation, as clearly stated on our contract. Unfortunately, during the period of time between contract execution & installation of [redacted]'s cabinets, the sales designer responsible for the file [redacted] necessary communication to complete manufacturing resulted in a delay with the installation. Despite the absence of the initial representative, regular communication was provided to [redacted] by our Order Scheduling as well as Customer Service personnel on revised installation as well as the many repeat visits to the residence to investigate & address complaints.
In correspondence to [redacted] earlier this year, I acknowledged there had been errors with the design by our former sales representative & that we had accepted responsibility & were agreeable to replace a significant quantity of cabinets, as requested by him. This occurred, as committed. Additionally, I accepted claims by [redacted] for replacement of cabinets & materials which he maintained had been communicated with our former designer however, were never included in the original design nor were ever charged in our pricing. All of his claims were accepted & replaced without dispute, as an expression of good faith on our part to honour our commitment.
All of this resulted in significant added expense to our company without any recovery however, despite our action, we were never able to satisfy the concerns of [redacted] & the demands for further replacement of items continued. To date, our installation & customer service teams have made in excess of twenty (20) visits to [redacted]'s home for investigation of complaints & to remove / reinstall cabinetry & counter tops.
[redacted] However, at this stage, [redacted] is indebted to our company for the remainder of our contracted price, totalling $[redacted]. Our repeated requests for settlement of this amount have been ignored & he is clearly in contravention of our agreement. It is our opinion that he has no intention of honouring his obligation & as such, no further claims of deficiencies will be accepted.
Initial Consumer Rebuttal /* (3000, 10, 2015/09/02) */
(The consumer indicated he/she DID NOT accept the response from the business.)
His response is not acceptable to me. When the cabinets were ready NuWay Kitchens requested $[redacted] to begin the installation. This amount was paid in full and the installation of the cabinetry began soon thereafter. NuWay is implying that because they did not receive full payment of the $[redacted] I am in contravention of the agreement. The truth is that NuWay only asked for $[redacted] to complete the install and that the remaining amount of $[redacted] was to be paid when they finished. I paid them exactly what they requested, if they had required $[redacted] to begin installation and only received $[redacted] why would they have begun the installation of the cabinets. If this is the case, they did not execute there own contract properly.

Nuway is also suggesting that as an "expression of good faith" they replaced cabinets & materials that were never included in the original design or in the original price, however, on [redacted], NuWay explicitly stated in an email, "[redacted], your designer, [redacted] &and we have been challenged in understanding many of the issues which arose during the installation of your kitchen cabinets & vanities, without the benefit of an explanation by her, our staff attempted to follow her design from information obtained in your file". How can NuWay be certain that they replaced cabinets and materials that were never included in the price when they admit to being challenged in understanding the information obtained from her file? Nuway also stated that, "all these issues were a result of an inaccurate design caused by a sales designer that [redacted]".

It should be noted that this whole situation could have been avoided if NuWay had just confirmed the measurements on file after [redacted]; instead they attempted to interpret the information left in her file. As a result, Nuway built and installed cabinets based on incorrect information. When problems occurred they then tried to correct the issues but soon found out that once you make changes to one cabinet the adjacent cabinets are affected. For example, the opening for the fridge and the range hood had to be adjusted several times, getting bigger and smaller and in the end my fridge and stove still does not fit properly. This is just one example.

After several failed attempts to correct their mistakes, I believe NuWays strategy was to get it to the point where they could walk away and then claim that I was the one being difficult or unreasonable. However, these are the facts:

1. NuWay asked me for $[redacted] to complete installation of cabinetry and to repay the remaining $[redacted] when the job was finished;
2. NuWay, after receiving the $[redacted], commenced work on the installation;
3. NuWay asked for the remaining amount of $[redacted] when they claimed the cabinets where finished;
4. Nuway did not confirm the measurements of my kitchen after the sales designer left[redacted] and before they built the cabinets;
5. All issues were the result of an inaccurate design, created by a designer that was employed by Nuway but left prior to the completion the job;
6. NuWay did not assign a new designer to my file;
7. The contract proves that I did not make claims for additional cabinets or materials;
8. I am not in contravention of our agreement. They did not execute the contract properly. It is there contract;
9. I have never indicated to NuWay or anybody else that I will not honour my $[redacted] obligation;
10. After more than a year, the cabinets are still not finished;

11. They claim the company has incurred significant costs. My family and I can also claim significant losses; and
12. All other contractors and companies involved with the building of my home have been paid in full.
It is not my fault that issues within Nuway's organization resulted in them producing a product that was not to specifications that we agreed on. We paid a substantial amount of money for what we thought was going to be our dream kitchen and do not feel that we should be punished for their negligence. Furthermore, it is unfair that me identifying deficiencies and wanting them corrected is being portrayed as me being difficult. I just want what I was promised in the contract and what I paid for even if that requires 20 visits to my home.
Final Business Response /* (4000, 15, 2015/09/17) */
Good Afternoon;
With reference to the afore-mentioned case file, I see nothing in [redacted]'s latest communication to your office which might suggest any movement on his part to arrive at a satisfactory conclusion to this matter. We have clearly reported that [redacted]'s refusal to honour his obligation to our company with settlement of the outstanding balance, is in contravention of our agreement. Despite this acknowledgement, he continues to claim that we are negligent in not concluding our work to his desired satisfaction. As a result of his action, & as we stated in our initial response, we no longer hold any promise that our funds will be forthcoming. As such & until such time as we are in receipt of the balance owing, no further claim for deficiencies will be accepted.
[redacted]
Final Consumer Response /* (4200, 17, 2015/09/25) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Nu-Way Kitchens agreed to complete the install of the cabinets upon our payment of $[redacted] and the remaining $[redacted] due upon completion of the install.
Nu-Ways request for final payment of $[redacted] and there inability to complete the install of the cabinets(due to poor and incorrect design)is not in accordance with our agreement.
We take the position that Nu-Way represented a different payment agreement that's contradictory to there written contract, therefore Nu-Way cannot in any way assert the payment terms of there written contract.
[redacted]

I write in connection with the above-noted matter which was disclosed in correspondence from your office, dated November 28, 2017 & received at our office on December 6, 2017, along with a request to file a reply within ten (10) calendar days from date of correspondence.
Please be advised that...

we take all customer complaints seriously however, to permit sufficient time to fully investigate the circumstances with this file & provide an informed response, we are requesting an extension on your deadline to December 13, 2017.
Best regards,
[redacted]
President