O'Toole Distribution, Inc.

Review: I entered into contract with [redacted] to replace three doors and 14 windows in the rear of my home in June 2014 at a contracted price of $22,609 with a down payment of $11,345. There are eight (8) windows upstairs that were to be pocket replacement with J-channel and trim wrapped to match existing windows, three doors to be similar in appearance to existing doors on interior, and windows in bath (1), laundry(1) and Florida room (3) stained [redacted] to match color of previous work done in 2008 on front of house. When the work finally started on August 4th the downstairs bath and laundry were discovered to have been stained the wrong color. The installers later confirmed that the Florida room windows had also been stained incorrectly. This was discussed with the salesman and he admitted he had ordered wrong color. The doors when delivered did not look like the sample provided (small paper square) and garage window was found to be incorrectly sized. When installers had first arrived and reviewed work they notified me they could not do the upstairs trim in the manner promosed by the salesman. When the installers started working on upstairs office window they found significant framing damage and stated that his work would be better accomplished with full frame replacement ( this was later confirmed by two other contractors). Work was stopped on 5 August until discrepancies could be resolved. I met with salesman and his supervisor on 11 Aug reviewed the problems and requested a sample of correctly stained window, I was told none could be provided and even if they did there was no guarantee the actual windows would match sample. The salesman responded a week later with "We will order them unfinished and if we can get a good match for you on the stain" and "Our in house crews are not the same crew that was working for us at the time. We do not feel like we would have been able to get a satisfactory match with them. That is why I went to a large paint contractor out of [redacted] to see what he could come up with." At that point I notified them to cancel all work (no sample was ever provided). To resolve problem with framing and trim not being able to be accomplished as promised we asked salesman to provide us with estimate for full replacement upstairs windows only. The salesman came back with price quote of $9155 on Aug 28th but the company still wanted to keep entire previous downpayment to pay for all the previous products even those that they had done incorrectly. The salesman took our request back to his supervisor and we waited another two weeks for response and got no real answers. The supervisor later responded with a quote $450 higher than salesman. I have been trying to negotiate this with them for two months unsuccessfully. While they have just recently stated that I should be due a refund of $5355 for the doors (they have agreed that "the 3 doors included in the original contract could not be stained to meet your expectations" per [redacted]), they continue to insist I pay for pocket windows they could not install as promised by salesman, and incorrectly stained windows. They now claim it is a simple touch up to correct stain (if that were so they should have done it two months ago) but that is strictly trial and error process with no confirmed end when they could achieve if ever . I have copies of letters, contracts, e-mails and photos available to support my efforts to resolve. I no longer trust them to be able to comply or negotiate in good faith. I have no choice but to leave the incompletely installed pocket windows in place upstairs and in garage since they have already removed and disposed of my original windows.Desired Settlement: While the company has offered to perform full replacement the price is two thousand dollars higher than other competitors and still want me to pay for pocket replacements and incorrectly stained windows. I do not want anything more to do with this company and want a refund. I recognize that I do have some liability for the pocket windows that are tacked in place and not fully installed. I am requesting a partial refund of my deposit in the amount $8862 and will get someone else to fix my home. This covers the cost of incorrectly stained windows in bath (1), laundry(1), Florida room (3); incorrectly sized window in garage (1) and doors (3). I do not have any of these products (except garage) and have never had the Florida room windows.

Business

Response:

After several offers to resolve this with our company fulfilling the contract we have with this customer failed, Our most recent counter offer to his request of a refund of $8862 was a refund in amount of $6750 with us delivering remaining properly sized windows from contract to his residence for him to have for installation by others. We did not receive response from customerRegard [redacted]

Business

Response:

Dear Sirs-- I [redacted]. We are offering full settlement per his request in attached filing with the VA Attorney General's Office. I will advise you upon receipt of signed agreement, and we hope that this matter will be resolved.Thank You[redacted]

Consumer

Response:

[redacted] - It seems as though we have no choice than toaccept your offer. Para 3 seems strange since you have repeatedly stated youhave no use for those windows, you don't re-use them on other jobs and we arepaying you for them but now you also want them back (perhaps we are beingcharged rent for the months that they have just set in our home, awaiting yourdecision). We were just going to donate to [redacted] but evidently amult-million dollar company like [redacted] needs them more than the needy, sogreedy of you at this time of the year. In order to go on with our lives and get this over with I suppose we arewilling to forego that to get this done. [redacted]