Panorama Heating, Inc.

The customer worked directly with the owner. Although the trees were sold at a sale price the one year warranty was given although warranties are not given on sale items. The warranty was verbal at the time of the sale because the trees were sale items, so no formal contract was made,
and the owner offered the warranty in good faith that the trees were healthy enough to survive when they left the business. The owner verbally stated that proper care must be taken with the trees or the warranty would be voided. The trees were planted among larger established trees and the owner informed the customer that this will put extra stress on the trees. The owner told the customer that the more established trees will draw water and nutrients away from the tree that would kill the tree if extra care and attention are not paid to the new plantings. The owner also informed the customer that planting the new trees amongst the established trees will ultimately stunt their growth and the area chosen by the customer to plant the trees was not recommended. The owner told the customer that they will need to be watered heavily at the base of the trees so as to soak the root ball of the tree and to contact the business at any sign of trouble. Following the planting of the trees there was a period of drought which causes extra stress on the tree and increases the trees need and volume of water. The customer came after one tree died and never notified the business of any impending problems. The owner went to the customers house and examined the dead tree and other tree. The root balls were completely dry, it was clear that the tree had not been watered correctly, and there were signs of stress on the other new tree caused by lack of watering. The short period of time from planting to death of the tree is also indicative of improper care of new plantings as the tree was healthy while kept at the garden center. Improper care of plantings voids any warranty as it is not caused by the garden center or the work completed and it was clearly a lack of care by the customer of the new plants. Attached is the watering guideline pamphlet that is offered to customers by the sales person at time of purchase, which is standard procedure, kept on a stand next to the sales counter. Ultimately the customers actions voided the warranty

This consumer message was received by Revdex.com via email and is a copy/paste; please also refer to the attached document. [redacted]This is all I have. This is a warranty! This is a sale document I got from Royal Victoria Garden which has my name/ contact and seller's name/ contact. It also has a hand-written warranty (all inclusive for 1 year). I did NOT receive or sign or even see any other documents or warranties from the seller during time of purchase. Whatever document he created later on and send to Revdex.com is NOT valid because he did not provide any other documents to me, a buyers, at the time of purchase.I hope this helps.[redacted]

This business response was received by Revdex.com staff member ** via phone.Please be sure to refer to the attached document.The business has agreed to make an offer to replace the consumer's two spruce trees, with like trees ... and at no charge to the consumer, contingent upon the consumer's signing of the attached Mutual Release Form. The business will also sign the attached form.The business has stated they will deliver two spruce trees to the consumer, at no charge, however, she will be responsible for the planting and caring for of such trees.The business states it will not incur any further liability for this matter and there will be no warranty issued the consumer.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
The landscaper offered to bring and replace the trees, having me to plant it myself. That was not in the original contract. I have no tools or man power to plant the trees. The landscaper treated me poorly turning me down initially and having to go to Revdex.com (and possibly to the small claim court if I will not get a refund).  I will accept only money refund at this point.
Regards,
[redacted]