Pella of Austin

I will make this as simple as possible Mr [redacted] owes us $We will waive our right to this amount due and he may use that amount to hire anyone he wants to complete the work he requiresPella will warrant the installation and product Based on line #this will more than cover the cost of the work that is requiredWe will agree to the above provided Mr [redacted] remove all reviews positive or negative from Facebook, Yelp, Google and any other social media sites and any other public or private forums Additionally, he will agree to non-disparagement of Pella, Pella of Austin myself or my employees or contractors both in terms of anything published or spokenIf he agrees to the above we will craft a simple document for him to signThe lien will be removed and the debt forgiven immediately upon signing This is more than fair under the circumstances

Complaint: [redacted] I am rejecting this response because: Until aligned on below terms of agreement, I am rejecting: 1. Legal Letter for State Notary: I would like [redacted] to agree to the legal language at the very bottom of this thread such that there is no confusion, disagreement, etc. before creation of the document for signature is pursued. If [redacted] has desired redlines, I am happy to listen. If he is ok with the wording, I simply just need him to say he approves and I will move ahead with the document. It is in good faith agreement that the executed legal notary document will be provided upon agreement to all terms listed below and the mechanical lien placed against my home is executed with supporting documentation that it has been lift (is no longer active, is void). 2. Facebook / Social Posts / Youtube / Communication Mechanism: I will work to have all posts removed once we have full agreement for all terms in this thread (estimated 7 day timeframe to remove all postings once aligned to this agreement). If Pella finds any other posts that were not removed, [redacted] must remove them right away. 3. Product Warranty / Workmanship Warranty: I need [redacted] in agreement that if I go hire a 3rd party contractor to finish the portions of the work that was not complete by his team that it will not void any portion of the Product Warranty & Workmanship Warranty no matter what contractor I use to do the repairs. Ie. If I go hire a 3rd party contractor to do trim, caulk, paint, touch ups, etc. – all of my warranties must be sustained (regardless of who I choose). 4. Submission of Product Warranty Claims Up Front: I have the following product claims that need to be submitted as part this agreement with answers / alignment to bring each to resolution. These are simply getting pieces of my order that were not provided / missing to be corrected. 4a. Screens: I have a few window screens that are very clearly the wrong size for my windows allowing bugs and particles to enter my home if the window is left open - I desire to have all checked for sizing where the incorrect sized screens are swapped out as part of this agreement vs. me having to submit my claim after the fact and it getting ignored. (image attached showing the screen gaps on a window with) Product Warranty. 4b. Screw Hole Covers: I have 6-8 of the screw hole covers that were not installed at all. Product Warranty. 4c. Window Edge Damage: (image attached) I have various edges that have threads from the carbon fiber showing on the corners. I need instructions on how to fix? (seems very simple, but not my expertise à is there a specific caulk or fill the team uses if so, I would need to this to finish the repair (there are close to 10 areas with corners like this) 4d. Sliding Door Stoppers: One sliding door has 1 sliding door stopper, the other does not (there should be 4 total stoppers / end caps). These are completely missing as I viewed others on websites. I need these provided. Product Warranty. 4e. Sliding Door Lock / Connectors (view the attached images): These are both currently not fit correctly. One looks very warn. (image for reference) Seems as though a quick fix and possible swap out of the worn lock. (image attached) -- Product Warranty.5. Lift of Lien: Once [redacted] and I have full agreement to all terms of 1-4 above -- [redacted] needs to provide a confirmed receipt from the State of Texas that the mechanical lien placed on my home has been lifted, is no longer active or valid with supporting proof of documentation. -------------------CERTIFIED COPY OF A NOTARIAL RECORD (Redline Copy – Draft Phase) State of Texas County of Travis. The following notarized document is an agreement between [redacted] , owner of Pella of Austin at [redacted] *** and [redacted] , owner of residential property at [redacted] On this __________ day of __________, (year), I, [redacted] (signed: ___________) and I, [redacted] (signed: ___________) certify that the preceding or attached document is a true, exact, complete, and unaltered copy made by me of (description of notarial record), the original of which is held in my custody as a notarial record. (Personalized Seal) Be it Known: [redacted] , owner of residential property [redacted] ***, entered an agreement for the purchase of product & services from Pella of Austin for the amount of $11,000 for new window & door installations & services. $6,000 out of the $11,000 total was paid in full by [redacted] . The balance of $5,000 has remained pending as completion of services were in dispute between [redacted] , owner of residential property [redacted] ***, and [redacted] , owner of Pella of Austin at [redacted] ***. On February 27, 2017, [redacted] , owner of residential property [redacted] ***, filed a RevDex.com Claim against [redacted] & Pella Of Austin at [redacted] in attempt to bring resolution to their dispute regarding completion of services for [redacted] ’s window & door purchase from [redacted] , owner of Pella of Austin at [redacted] ***. On March 1, 2017, a notification of a mechanical lien, Authorized by [redacted] & Pella Of Austin at [redacted] and signed by [redacted] , County Clerk of Travis County, and mailed to [redacted] , owner of residential property at [redacted] ***. With the assistance of the RevDex.com, an agreement between [redacted] , owner of residential property [redacted] and [redacted] , owner of Pella of Austin at [redacted] has been reached. Below are the agreed terms of their agreement: · Transaction of Sale Complete / No Balance Owed: The remaining balance of $5,000 owed by [redacted] , owner of residential property [redacted] ***, for the purchase of window & door product and services has been waived by [redacted] , owner of Pella of Austin at [redacted] ***. No further balance is due. The transaction of sale is confirmed complete where receipt of zero balance will be provided. · Product Warranty & Workmanship Warranty: [redacted] , owner of residential property [redacted] ***, reserves the right to choose any contractor of his choosing to complete the remaining work to be done on his home. Regardless of [redacted] ’s selection of contractor, [redacted] , owner of Pella of Austin at [redacted] is in full agreement that all terms of the Product Warranty & Workmanship Warranty will be provided for [redacted] ’s Window & Door purchase. · Proof of Removal of Mechanical Lien: For this agreement to be valid, [redacted] , owner of Pella of Austin at [redacted] ***, must lift the mechanical lien placed against [redacted] ’s home at residential property [redacted] and provide supporting documentation of completion. · Social Media, Viral Press, Blogs, News, Videos, etc.: [redacted] , owner of residential property at [redacted] ***, must remove 100% of past social media posts, news posts, apps posts, viral media posts, press releases, and any other public facing communication mechanism about his experience with Pella of Austin. Furthermore, [redacted] agrees to no longer have dialogue about Pella or any of its subsidiaries, people, products or contractors as it relates specifically to his point of sale purchase with Pella of Austin from the date of this agreement through the future. This commitment will be upheld under the condition that all terms of this agreement have been met. · Waiving Right to Sue: It is in agreement between [redacted] , owner of residential property [redacted] and [redacted] , owner of Pella of Austin at [redacted] and any other affiliation to Pella (whether 3rd party, contractor, or affiliate) that upon execution of this agreement, both parties are waiving their rights to sue each other for any range of topics that are tied to the purchase of windows, doors, customer experience, workmanship, services & more resulting from [redacted] ’s window and door purchase experience from [redacted] , owner of Pella of Austin at [redacted] ***. Agreement to Waive Rights to Sue assumes full adherence to all terms of this agreement. It is to my knowledge that all portions of this agreement are accurate, truthful, done in good faith, and I agree to meet all terms of this agreement. ___________________________ Date: _________ [redacted] , owner of residential property [redacted] *** ___________________________ Date: _________ [redacted] , owner of Pella of Austin at [redacted] ***

Mr *** did not purchase his windows from Pella of AustinHe originally purchased them from Pella of South Texas a San Antonio companyPella of South Texas made every reasonable effort to supply, deliver and install the windows and sliding doorsThroughout that process He and Pella of South
Texas had several disagreements regarding the quality of the product and the quality of the installationHis original purchase price was approximately $None of which was paid by Mr ***.In January Pella of South Texas ceased working with the complainant because he became belligerent, unreasonable and may have actually done damage to the product himself.As a result Pella of Iowa the corporate parent contacted us and asked that we make an effort to satisfy the customerAt our cost and with good intent we delivered and installed 100% new productDuring the process Mr *** asked us to do additional work such as painting his Hardy sidingWe agreed to touch up but informed him that would be very difficult to match it.The complainant agreed to pay $for the installation of the productA deposit was received for $6000.On occasions at a cost of $peer day we spent full days on site professionally installing the productHowever Mr *** remained unsatisfiedI personally have offered to have our teams correct any issues however Mr *** is insisting on hiring a third part with no Pella experience to do some additional workHe has refused to let us view and review what work may need to be done.Given that Mr *** has paid only $of an original invoice exceeding $he has the capacity in dollars to hire anyone he wants to complete the workTo be clear if he does so he will void his installation warranty as only Pella certified installers would hold that warranty valid.We do not see how at this point Pella could satisfy Mr ***We have tried everything humanly possibleHe has worked with distributorships who have spent thousands replacing and installing products over and overWe would happily complete any work in context to the original order however he has refused to let us do so.Our hands are tied.We have been awarded a Mechanics lien pending the outcome of this situation.If you have any question please do not hesitate to contact me

Complaint: ***
I am rejecting this response because:I am willing to listen to this proposal, however I will not sign an NDA (reasons below)I will however agree to getting a notarized copy signed by the State of Texas Court that I will remove posts, no longer post in the future, and can no longer sue Pella if an agreement is reached -----------------Below are more specifics: I will remove all social posts If I miss a post, I will even agree to providing proof that I have removed it I would even agree to do this to start kick start this process to show I am actually trying to bring this to resolution I will not sign an NDA in any scenario This is through legal guidance to me An NDA was never part of any agreement of my purchase of services or products nor does it need to be My reasons are the following: 2a The last NDA Pella tried to get me to sign had language written in it that exposed me to being sued For example: I sign it, I miss a post -- Pella can then sue me back for defamation (not something I need as the relationship is not good) 2b I have been guided that NDAs have a lot of legal loopholes -- Example for reference that was provided to me: *** 2c. Legally, an NDA was never part of any agreement of my purchase of windows & services As such, it cannot be held as a contingency to completing their end of the original agreement What I will agree to is getting my own notorised document by the Texas Court that shows my agreement to remove all posts about Pella, refrain from posting about Pella in the future, and also wording that I will not sue Pella as a result of any agreement we may make Proof of lien removal would be needed upon removal of facebook and copy of legal language that I would get signed by the state So the only disagreement we seem to have is --- I will not sign an NDA I will agree to get a notarized copy to protect himI look forward to the responses
Regards,
*** ***

Complaint: [redacted] I am rejecting this response because:   It is 100% completely inaccurate.  I welcome arbitration or the courts to resolve so it is done correctly -- this guy is a stone cold bad business man.   [redacted] breached his contract and did not finish his agreed work.  His team under his ownership has damaged my home, left various aspects of the job unfinished, and the work on my home was not to code or spec.  I have documentation of everything (photos, video, email, text messages & more that validate the accuracy of every statement I make and show how it was.)  The documents do not lie.   I also have undeniable proof that [redacted] refused parts of the contract that he agreed to and also declined to finish the work.  This job has cost me time, money, stress, days off work, & more.  During the install process [redacted] tried to coerce me to sign an NDA that was no part of any contract or agreement and threated that he would not finish the job unless I signed it. He feared I would take my experience to social media.  The mechanical lien he placed on my home was placed knowingly fraudulent which I am making preparations to sue.    I have welcomed Arbitration to resolve this and even reached out to Pella Corporate to step in (Pella Corporate informed me that both parties have to agree to arbitration at which [redacted] did not).  I also filed this Revdex.com claim as well to further document the point to get this resolved.  At this point -- I will not accept anything less than the quality product that meets specifications & install code and a full completion of the job as agreed.  This was not done.   As it stands now - I am currently making preparations to sue [redacted] as a result of his breach of contract, to lift the lien, and to cover lost wages, damages & more which we currently have totaled >$30,000.   He should know also that I am possibly relocating to Europe for work.  As such, I have been guided if his mechanical lien is without a doubt fraudulent -à  he will be liable to any damages as a result of my move for being unable to sell my home and the expenses that have occurred.  I had my documentation reviewed, and it was undeniably stated it is fraudulent.    Below is a more accurate and detailed chain of events.  I very much welcome and encourage Arbitration.  1. [redacted], who owns the local Pella branch in Austin, purchased his company assuming my contract and was disclosed of all open contracts from previous owner.2. To correct [redacted] or whomever responded, the previous install team (before he owned the company) ordered incorrectly sized windows for my home.  I have documentation of the installers admitting the wrong sized windows.  It was only after I had a second and third opinion contractor come to my place to tell me they were entirely however.   So yes, I was extremely mad as I wasted months of time and days off work and more. And why would a company agree to replacing all windows on a home if they were incorrect?  (I have this documented)  3. As my continued to have delays on my windows and my house sat with incorrectly sized windows in the home that were exposed to the outside ---I began posting to facebook -à and it work.  4. [redacted] immediately called me and worked out a deal after I posted a video of water leaking into my home.  [redacted] agreed to finish the job for a lessoned price as a result of my experience.  I accepted.  Why would any company, in their right mind --- accept a deal from $20,000 to $11,000 if they had not royally screwed up the job?  (again – I have documentation of everything as proof)   5.  The entire issue here is à [redacted] did not meet his end of the agreement.  By not meeting his end of the agreement I am referencing -à  products had various scratches or blemishes on it, installation did not meet specs or advertisements (it looked like [redacted] did the caulk job), screen doors were not-installed, trim was missing at which they were to replace, the base of the doors were unsealed, wrong sized screens were provided on various windows, siding was damaged and not fixed, the painter painted areas that he was not supposed to on the outside of my house with various spots all over the place.  While is was a royal fk up – these were all repairable items that could easily have been fixed.  This goes back to the root of the problem à [redacted] declined to fix the issues on the job because it was costing him money.  6.  [redacted] promised me a team of 3 experienced team members to do my job.  What I got was a first time employee that never installed windows before (you can simply pull his start date on his government papers to find this out.  My house was his first home ever.).   Had [redacted] an experienced team install the windows as promised  à we would not even be in this situation. 7. During the installation, [redacted] hired a third party contractor to do the painting.  This hired contractor got into verbal arguments with both of [redacted]’s installers because they were doing such a bad job which did not allow him to do his job right.  The painter actually informed me to reject the job because of how bad it was and showed me all of the areas of mistakes.  (I suggest we get his contact from [redacted] so he can share his point of view)  J  In fact – he stated he had been a painter for 25 years and has never seen a more botched job.  8. Because the workmanship of [redacted]’s team was so bad and so many mistakes were being made, [redacted] wanted me to sign an NDA.  His fear was that I would go to the web to post my experience. 9.   I did not agree to sign an NDA.  [redacted] then threatened me that if I did not sign an NDA that he would not finish the job.   This is coercion.   I informed the corporate branch of this issue immediately with documentation to support this as well.  10. His unexperienced team of workers damaged my home, did not finish multiple aspect of the job, [redacted] tried to coerce me to sign a contract, and ultimately – [redacted] declined to finish the work as a result of me not wanting to sign an NDA.  Legally – he breached his contract.    11.  I have tried many times to work this out and have asked [redacted] for arbitration which was ignored & declined.  I tried to get Pella Corporate involved at which they noted to both of us that [redacted] would need to accept Arbitration.   I have asked for a 3rd party company to finish the work and pay him the difference.  (allowing him to choose the company) – this was declined.   The sole reason I won’t agree to his team finishing the job now (after he already declined it) is because he is refusing to fix piece of the botched job and paint the areas he agreed to paint.  (which is a breach of contract)   12.  In the end à [redacted] is not too savvy when it comes to technology.  What I mean by this is -à   my email, text, photo, and video documentation clearly outline his lies.  He has had multiple changes in story, he changes various times what he agreed to, & more.  Being that my emails are corporate tracked, I can very easily get the timestamps notorised.  I have full printed text records I can gladly show.  I have prints of all emails.  I have photos before, during and after.  13.  The net of this is à If he actually wants to resolve this issue, I will gladly welcome it and I actually strongly encourage it.  However the resolution will be at my terms now because of his threats, declination of the work, documented lies, coercion and also fraudulent lien against my home.  I also very much welcome arbitration and encourage this. I think this is the fair approach as it allows it to be documented for me and I will also have vindication for how bad he has lied when we do.  14.   If he does not release his fraudulent lien against my home, I am now fully prepared to sue him for greater than $40,000 of lost wages, damages, & more.  15.  If he wants to take this to court, I very much welcome this as well.  16.  As a customer, at no point will I accept anything less than the quality I ordered and the job that was contracted especially when it comes to window for my home.  17.  The next steps are very simple:  Option 1:  Let’s get arbitration, let’s lay everything on the table,  let’s agree to correct the mistakes made on my home, let’s agree to who does the work, who inspects it and let’s get everything clearly documented.  Option 2:  Let’s go to court.  As long as I have a fraudulent mechanical lien on my home and look at unfinished work à  I do not plan to pay a $.  Finish agreed work = get paid.

We will accept the terms outlined by Mr [redacted] as long as he gives his word that he will not verbally disparage Pella or any of its subsidiaries, people, products or contractors.He is not required to sign an NDA just the document he outlined as he has it outlined.

I will make this as simple as possible.   Mr [redacted] owes us $5000 We will waive our right to this amount due and he may use that amount to hire anyone he wants to complete the work he requires. Pella will warrant the installation and product.   Based on line #11 this will more than cover the cost of the work that is required. We will agree to the above provided Mr [redacted] remove all reviews positive or negative from Facebook, Yelp, Google and any other social media sites and any other public or private forums..   Additionally, he will agree to non-disparagement of Pella, Pella of Austin myself or my employees or contractors both in terms of anything published or spoken. If he agrees to the above we will craft a simple document for him to sign. The lien will be removed and the debt forgiven immediately upon signing.   This is more than fair under the circumstances.

Complaint: [redacted] I am rejecting this response because:  Until aligned on below terms of agreement, I am rejecting:  1. Legal Letter for State Notary:  I would like [redacted] to agree to the legal language at the very bottom of this thread such that there is no confusion, disagreement, etc. before creation of the document for signature is pursued.    If [redacted] has desired redlines, I am happy to listen.  If he is ok with the wording, I simply just need him to say he approves and I will move ahead with the document.  It is in good faith agreement that the executed legal notary document will be provided upon agreement to all terms listed below and the mechanical lien placed against my home is executed with supporting documentation that it has been lift (is no longer active, is void).   2. Facebook / Social Posts / Youtube / Communication Mechanism:  I will work to have all posts removed once we have full agreement for all terms in this thread (estimated 7 day timeframe to remove all postings once aligned to this agreement).  If Pella finds any other posts that were not removed, [redacted] must remove them right away.  3. Product Warranty / Workmanship Warranty:  I need [redacted] in agreement that if I go hire a 3rd party contractor to finish the portions of the work that was not complete by his team that it will not void any portion of the Product Warranty & Workmanship Warranty no matter what contractor I use to do the repairs.  Ie. If I go hire a 3rd party contractor to do trim, caulk, paint, touch ups, etc. – all of my warranties must be sustained (regardless of who I choose). 4. Submission of Product Warranty Claims Up Front:   I have the following product claims that need to be submitted as part this agreement with answers / alignment to bring each to resolution.  These are simply getting pieces of my order that were not provided / missing to be corrected.              4a.  Screens:  I have a few window screens that are very clearly the wrong size for my windows allowing bugs and particles to enter my home if the window is left open - I desire to have all checked for sizing where the incorrect sized screens are swapped out as part of this agreement vs. me having to submit my claim after the fact and it getting ignored.  (image attached showing the screen gaps on a window with) Product Warranty.            4b. Screw Hole Covers:  I have 6-8 of the screw hole covers that were not installed at all.  Product Warranty.            4c. Window Edge Damage:   (image attached)  I have various edges that have threads from the carbon fiber showing on the corners.  I need instructions on how to fix?  (seems very simple, but not my expertise à is there a specific caulk or fill the team uses if so, I would need to this to finish the repair (there are close to 10 areas with corners like this)               4d. Sliding Door Stoppers:  One sliding door has 1 sliding door stopper, the other does not (there should be 4 total stoppers / end caps).  These are completely missing as I viewed others on websites. I need these provided. Product Warranty.            4e. Sliding Door Lock / Connectors (view the attached images):  These are both currently not fit correctly.  One looks very warn.  (image for reference) Seems as though a quick fix and possible swap out of the worn lock.  (image attached) -- Product Warranty.5. Lift of Lien:  Once [redacted] and I have full agreement to all terms of 1-4 above --  [redacted] needs to provide a confirmed receipt from the State of Texas that the mechanical lien placed on my home has been lifted, is no longer active or valid with supporting proof of documentation.      -------------------CERTIFIED COPY OF A NOTARIAL RECORD  (Redline Copy – Draft Phase) State of Texas County of Travis.  The following notarized document is an agreement between [redacted], owner of Pella of Austin at [redacted]  and [redacted], owner of residential property at [redacted]  On this __________ day of __________, (year), I, [redacted] (signed:  ___________) and I, [redacted] (signed: ___________) certify that the preceding or attached document is a true, exact, complete, and unaltered copy made by me of (description of notarial record), the original of which is held in my custody as a notarial record. (Personalized Seal)  Be it Known:  [redacted], owner of residential property [redacted], entered an agreement for the purchase of product & services from Pella of Austin for the amount of $11,000 for new window & door installations & services.  $6,000 out of the $11,000 total was paid in full by [redacted].  The balance of $5,000 has remained pending as completion of services were in dispute between [redacted], owner of residential property [redacted], and [redacted], owner of Pella of Austin at [redacted].    On February 27, 2017, [redacted], owner of residential property [redacted], filed a Revdex.com Claim against [redacted] & Pella Of Austin at [redacted] in attempt to bring resolution to their dispute regarding completion of services for [redacted]’s window & door purchase from [redacted], owner of Pella of Austin at [redacted].  On March 1, 2017, a notification of a mechanical lien, Authorized by [redacted] & Pella Of Austin at [redacted] and signed by [redacted], County Clerk of Travis County, and mailed to [redacted], owner of residential property at [redacted].  With the assistance of the Revdex.com, an agreement between [redacted], owner of residential property [redacted] and [redacted], owner of Pella of Austin at [redacted] has been reached.  Below are the agreed terms of their agreement:      ·        Transaction of Sale Complete / No Balance Owed:  The remaining balance of $5,000 owed by [redacted], owner of residential property [redacted], for the purchase of window & door product and services has been waived by [redacted], owner of Pella of Austin at [redacted].    No further balance is due.  The transaction of sale is confirmed complete where receipt of zero balance will be provided.  ·        Product Warranty & Workmanship Warranty:  [redacted], owner of residential property [redacted], reserves the right to choose any contractor of his choosing to complete the remaining work to be done on his home.  Regardless of [redacted]’s selection of contractor, [redacted], owner of Pella of Austin at [redacted] is in full agreement that all terms of the Product Warranty & Workmanship Warranty will be provided for [redacted]’s Window & Door purchase.  ·        Proof of Removal of Mechanical Lien:  For this agreement to be valid, [redacted], owner of Pella of Austin at [redacted], must lift the mechanical lien placed against [redacted]’s home at residential property [redacted] and provide supporting documentation of completion. ·        Social Media, Viral Press, Blogs, News, Videos, etc.:  [redacted], owner of residential property at [redacted], must remove 100% of past social media posts, news posts, apps posts, viral media posts, press releases, and any other public facing communication mechanism about his experience with Pella of Austin.  Furthermore, [redacted] agrees to no longer have dialogue about Pella or any of its subsidiaries, people, products or contractors as it relates specifically to his point of sale purchase with Pella of Austin from the date of this agreement through the future.   This commitment will be upheld under the condition that all terms of this agreement have been met.   ·        Waiving Right to Sue:  It is in agreement between [redacted], owner of residential property [redacted] and [redacted], owner of Pella of Austin at [redacted] and any other affiliation to Pella (whether 3rd party, contractor, or affiliate)  that upon execution of this agreement, both parties are waiving their rights to sue each other for any range of topics that are tied to the purchase of windows, doors, customer experience, workmanship, services & more resulting from [redacted]’s window and door purchase experience from [redacted], owner of Pella of Austin at [redacted].   Agreement to Waive Rights to Sue assumes full adherence to all terms of this agreement.   It is to my knowledge that all portions of this agreement are accurate, truthful, done in good faith, and I agree to meet all terms of this agreement.   ___________________________  Date:  _________[redacted], owner of residential property [redacted] ___________________________  Date:  _________[redacted], owner of Pella of Austin at [redacted]