Nelson Supply

Initial Business Response /* (1000, 5, 2016/09/06) */
Contact Name and Title: *** ***
Contact Phone: XXX XXX XXXX
Contact Email: *** tel.net
First to clarify Mr*** had two different boats,the *** he is referring to was one the other was a voyager pontoon with
horse stroke *** He brought the 4o *** in and said he had put a switch in but it was not right, while he was here his engine started running on it own in our parking lot , by the time we got it shut down,it had burned up the water pump, being run out of water,the switch he had put in was an after market switch and might have worked but he installed it himself wrong , we ordered the correct switch from *** Part number 87-8mXXXXXXX which cost *** you can check with any *** dealer and see that in correct price we also at his request replaced the water pump and lower unit grease total parts was *** labor for switch and replacing water pump and changing grease *** Tax was *** Total *** We had his ok before we did any of this .Then about a week later he brought boat back he had sank it, fuel tank and fuel system was full of water , purged system of water drained fuel tank and installed fuel demand valve, his bill for that including parts was *** Then he also brought in Pontoon that would hardly run ,all we did to it was check it out and found out right off it was low on compression on one cylinder also engine was in need of numerous other repairs we stopped on it and charged him *** to check it out, we did recommend since his engine was low on compression and other problems which were major he would probuly be better off to buy new engine , but what he priced for *** was a new pontoon boat with hp engine and tandom trailer, we had in stock, we certainly did not sabatoge his engine we only checked it out and told him what he had, he took it home came back few days later with jack tore up we installed new trailer jack ,jack and labor came to *** have work tickets on everything we did ,and we did it at his request.He also bought a Radio and Fishfinder from us he brought the boat back A few days later said he tried to install and couldn't he had the srereo in upside doww and wires and parts strung about fish finder was out of box in floor with some of parts missing boat was full of trash and beer cans,cigerette buts and stank like sh, we told him he would have to clean up boat before we would work on it, this is boat with low compression we told him he need to park it

ID # [redacted]   Revdex.com:   In reference to not resolving her complaint..Here is my answer.    If you go to [redacted] It states as follows on taxing shipping. I've included the link so that you can see it is directly from NYS Tax. It is Stated as follows:   Delivery, shipping, and handling charges If what you are selling is taxable, any charge to your customer for shipping, handling, or delivery, is taxable. However, if the customer arranges delivery by a third party and pays them directly, the delivery charge is not taxable.   Since Nelsen Supply was shipping it It was taxable.   In reference to the tax on the restocking fee you can also go to.. It is for Connecticut but I'm sure it is the same in every state..Couldn't find the page for NY.   [redacted]   It states as follows:     Returned Goods: When a customer purchases a taxable item of tangible personal property and returns it to the retailer for cash or credit within 90 days from the date of purchase, the customer is entitled to a refund of sales tax based on the portion of the purchase price returned by the retailer to the customer.  The customer must present a sales receipt showing the date of purchase and tax paid on the original sale.  If the goods are returned after 90 days from the date of purchase or without a receipt, the sales tax is not refunded to the customer. Example 1: A customer purchases a bicycle for $100 plus $6 sales tax and returns it to the retailer within 90 days from the date of purchase.  The customer presents the sales receipt to the retailer.  The retailer refunds $100 to the customer. The customer is entitled to a sales tax refund of $6.   Example 2: A customer purchases a bicycle for $100 plus $6 sales tax and returns it to the retailer within 90 days from the date of purchase.  The customer presents the sales receipt to the retailer.  The retailer refunds $90 to the customer and charges a $10 restocking fee.  The customer is entitled to a sales tax refund of $5.40 ($90 x 6% = $5.40). Example 3: A customer purchases a bicycle for $100 plus $6 sales tax and returns it to the retailer 120 days after the date of purchase.  The retailer refunds $100 to the customer. The customer is not entitled to a sales tax refund, whether or not the customer presents a receipt to the retailer, because the bicycle was returned after 90 days from the date of purchase.   In this customers case she falls into the Example #2. Since there was a restocking fee.   I just did the math..This dispute is all for tax.. so she is claiming she shouldn't be taxed on the $32.00 restock fee which is equal to $2.56 and also claiming she should not be taxed on the $18.50 shipping  which is equal to $ 1.48.. So this complaint is all about  $ 4.04. Which according to the Tax and Finance Department was handled correctly.    I also reread her first submittal and she stated she was told there was a restocking fee... Now on this complaint she is stating first she was  told about restocking fee and at the end she says she was not told about the restocking fee. So which is it? I will reiterate that she has 4 copies of our disclaimer about the restocking fee, it is on the bottom of all sales orders and purchase orders.     It also states that special orders are not returnable nor refundable. Hers was a special order. We took it back against our disclaimer, she shouldn't of been able to return it nor get her refund. We normally give store credits only if we take back. She also received a refund.    She did know how it was shipping because she was told 3 times that we were waiting for the Freight Truck to pick up and deliver. When Said Freight Truck did not pick up order, warehouse manager met sales person half way so that Tile would get here, that particular warehouse does not have its own truck.   Have I answered all the questions now?   Sincerely,   Nelsen Supply Co.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

[The response does not address my complaint. I was told at the time pf purchase that there would be a restocking charge, and do not contest that. I contest that I should not be charged tax on the restocking charge. I should also not be charged and taxed on the return shipping fee. At the time of purchase I was not informed that I would be responsible for return shipping. I was not informed of how the goods would be shipped at all. I should have been told I would pay a restocking fee, tax , AND return shipping on any unused product.
 
 
 
 
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]

To Whom it may concern,       I am writing in reply to Customer Complaint ID#[redacted].       Yes customer did indeed Special Order Tile (meaning we did not have it in stock) with Nelsen Supply Co. on 2/**/2017. Order was supposed to come in the following day via...

Freight Company with another order but it did not.  There was a hold up on initial order they were missing a few items on order. We had to wait for them to come in which held up this customers order. They would not send her smaller order via freight company because they were afraid her tile would get broken. So that delayed her order. Her order arrived on 2/**/17. The sales girl that waited on her has worked here for over 25 years and knows that there is no way to get this tile back to this particular company since they ship all tile via freight company. She did not have to take the tile back at all because it was a special order but did so as a common courtesy.  .    Yes she was charged a 25% restocking fee and yes she was charged shipping to get it back to the warehouse. She should be glad that she did receive the $83.70 back. It clearly states on the bottom of all of our invoices that.."There is no return or refund on special orders"  It also states that there is a 25% restocking fee. Our supplier charges us the 25% for restocking also.  Her order # to correct her is [redacted] dated 2/**/17. Her returned goods #was [redacted] on 3/**/17. That disclaimer is on the bottom of both of the forms we use. We use a purchase order to write the order down and a Sales Order to write the order up. She actually has 3 copies of said disclaimer. She left a deposit when she ordered her tile and it was written up on a Sales order. Here is a picture of the disclaimer. I did not have a scanner to upload this and I had to take 2 photos so you can see the entire disclaimer.       We have been in business for over 55 years and this is the only complaint we have ever received from looking at your page there are no complaints.    We will not be refunding any more on this order.    Thank You for Your time, Nelsen Supply Co.