Pure Touch

Revdex.com:Sky Waters offered to give us a discount if we changed our negative social media comments about themWe refused and finally paid one year more of service just to be rid of Sky Water.At this time, my complaint, ID [redacted] regarding Pure Touch LLC has been resolved (By clicking "OK", your complaint will be closed as Resolved.) Sincerely, [redacted] ***

Attached you will find a copy of the contract from signed by [redacted] along with all of its terms and conditionsPlease refer to term number labeled Renewal/ Price Protection [redacted] entered into a year contract in for lease and maintenance of two water coolers with (US) Sky Water SystemsIn the attached document you will see the confirmed contract signed by [redacted] for the year term ending April *, The terms and conditions of this contract are also attached The terms and conditions of this contract have an auto renewal clauseThe Auto renewal policy is clearly and explicitly written in the terms and conditions of the contract [redacted] agreed toIn order for this contract not to automatically renew for an additional months after end date ( 414) to speak about alternative / other cost effective optionsMultiple attempts via email/ phone calls were made to reach *** [redacted] failed to respond to any Sky Water representatives After the contract automatically renewed, [redacted] then contacted Sky Water threatening to cancel service unless we lower our prices below cost , due to quotes he was receiving from other vendors for inadequate subpar service [redacted] mentioned in one of his emails, that [redacted] will not accept any price reduction offers made by Sky Water and said that [redacted] will wind down their contract with Sky Water Sky Water replied that [redacted] can cancel service as long as [redacted] satisfies their contractual obligations***’s contract automatically renewed for an additional months at the same rateAccording to the terms and conditions of the contract [redacted] signed in and the auto renewal policy clearly printed on that contract; the new expiration date of the contract is They insisted we remove our equipment Sky Water in a final attempt to resolve this matter explained its collections policySky Water also explained that we will retrieve our equipment and that [redacted] will be sent a final bill in the amount that satisfies ***’S contractual obligations On [redacted] failed to pay the final invoice [redacted] did not respond to the invoice [redacted] did not ask for an extension or a payment plan to pay the invoice 4/*/ [redacted] was sent to collections in an attempt to collect a debt Sky Water will not withdraw the final invoice or its claim that [redacted] owes them anythingThe collection agency will not cease any attempts to collect this invoiceIf the collection agency reported this debt to any credit reporting agencies, it is [redacted] responsibility to satisfy its request with Altus Global Trade Solutions Sky Waters requested resolution is that [redacted] satisfies is contractual obligation in full in the amount of $If [redacted] refuses to satisfy this amount, Sky Water will enforce further legal proceedings and bring this matter to small claims court

Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and find that this resolution is satisfactory to me and the matter has been resolved Sincerely, [redacted]

I don't recognize this Customer's name or email addressHowever, our contract terms automatically renew one year at a time as is standard in the industryyear initial term and one year at a time thereaftertermination is free if we are notified days prior to the expiration dateotherwise,
early termination fees applyall of this is clearly stated in the termswe also mention this verbally to every customer

Attached you will find a copy of the contract from 2009 signed by [redacted] along with all of its terms and conditions. Please refer to term number 8 labeled  Renewal/ Price Protection.
 
[redacted] entered into...

a 5 year contract in 2009 for lease and maintenance of two water coolers with (US) Sky Water Systems. In the attached document you will see the confirmed contract signed by [redacted] for the 5 year term ending April *, 2014. The terms and conditions of this contract are also attached.
 
The terms and conditions of this  contract have an auto renewal clause. The Auto renewal policy is clearly and explicitly written in the terms and conditions of the contract [redacted] agreed to. In order for this contract not to automatically renew for an additional 12 months after end date ( 4/*/14), Customer is obligated to send a  written letter explicitly notifying Sky Water that they will not be renewing 90 days prior to end of contract.
 
All of the terms of this contract were explained to [redacted] ([redacted] at the time) prior to signature including our policy on auto renewal.
 
[redacted] did not send any letters to Sky Water  in writing / via email explicitly stating that they will not be renewing dated 90 days before the end date of the contract.
 
Sky Water representatives made multiple attempts to contact [redacted]’s new [redacted] before the contract automatically renewed (90 days before 4/*/14) to speak about alternative / other cost effective options. Multiple attempts via email/ phone calls were made to reach [redacted]. [redacted] failed to respond to any Sky Water representatives.  
 
After the contract automatically renewed, [redacted] then contacted Sky Water threatening to cancel service unless we lower our prices below cost , due to quotes he was receiving from other vendors for  inadequate subpar service.  [redacted] mentioned in one of his emails, that [redacted] will not accept any price reduction offers made by Sky Water and said that [redacted] will wind down their contract with Sky Water.
 
Sky Water replied that [redacted] can cancel service as long as [redacted] satisfies their contractual obligations. [redacted]’s contract automatically renewed for an additional 12 months at the same rate. According to the terms and conditions of the contract [redacted] signed in 2009 and the auto renewal policy clearly printed on that contract; the new expiration date of the contract is  4/*/15.
 
[redacted] stated that they refuse to honor the terms of the Sky Water auto renewal policy. [redacted] then emailed  legal statute: NY GOB Law § 5-903 claiming that Sky Water legally cannot enforce the Auto renewal policy that [redacted] had already agreed to when they signed the contact in 2009.
 
Sky Water in writing on multiple occasions explained to [redacted] that this legal statue is not applicable because [redacted] already agreed to all the terms and conditions of the current contract [redacted] signed in April of 2009.
 
Sky Water explained to [redacted] in full detail that we will make every attempt to collect the remainder of what [redacted] owes on the contract. Sky Water explained its collections policy. Sky Water also explained that if [redacted] does not satisfy  their contractual obligations, they will be sent to collections and in addition; [redacted] will receive a subpoena and will have to appear in small claims court. We also mentioned that [redacted] will have every right to argue their case there.
 
[redacted]’s response was that they still refuse to honor the terms of the contact they committed to in 2009. [redacted] also clearly stated that they will not pay any invoices past 4/*/14. They insisted we remove our equipment.
 
Sky Water in a final attempt to resolve this matter explained its collections policy. Sky Water also explained that we will retrieve our equipment and that [redacted] will be sent a final bill in the amount that satisfies [redacted]’S contractual obligations.  
 
On 4/*/14 Sky Water removed its equipment from [redacted]’s facility and emailed the final invoice. By end of business day on 4/*/14 [redacted] failed to pay the final invoice. [redacted] did not respond to the invoice. [redacted] did not ask for an extension or a payment plan to pay the invoice.  4/*/14 [redacted] was sent to collections in an attempt to collect a debt.
 
Sky Water will not withdraw the final invoice or its claim that [redacted] owes them anything. The collection agency will not cease any attempts to collect this invoice. If the collection agency reported this debt to any credit reporting agencies, it is [redacted] responsibility to satisfy its request  with Altus Global Trade Solutions.
 
Sky Waters  requested resolution is that [redacted] satisfies is contractual obligation in full in the amount of $2417.03. If [redacted] refuses to satisfy this amount, Sky Water will enforce further legal proceedings and bring this matter to small claims court.

Revdex.com:
Sky Waters offered to give us a discount if we changed our negative social media comments about them. We refused and finally paid one year more of service just to be rid of Sky Water.At this time, my complaint, ID [redacted]...

regarding Pure Touch LLC has been resolved.
(By clicking "OK", your complaint will be closed as Resolved.)
Sincerely,[redacted]

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 business's claim that the contract automatically renewed is incorrect. 
Equipment leases and service contracts within the state of New York cannot legally be claimed to automatically renew unless the business gives written notice, served personally or by mail (certified mail in the case of service providers), to the lessee or person receiving the service, calling the attention of that person to the existence of the automatic renewal provision in the existing contract. This notice must be delivered at least fifteen days and not more than thirty days previous to the time specified in the contract by which the lessee must serve notice to the lessor of his intention to terminate. (See: New York’s General Obligations Law § 5-901 and § 5-903)
SkyWater Systems did not provide such notice to [redacted] during the required time period, and therefore their claim that the contract automatically renewed cannot be legally enforced.
This company removed their equipment from our premises on April *, 2014, and is merely trying to get us to pay them money that we do not owe them for a year of service that we do not want and that they are not providing.
Sincerely,
[redacted]

Revdex.com:Sky Waters offered to give us a discount if we changed our negative social media comments about them. We refused and finally paid one year more of service just to be rid of Sky Water.At this time, my complaint, ID [redacted] regarding Pure Touch LLC has been resolved.
(By...

clicking "OK", your complaint will be closed as Resolved.)
Sincerely,[redacted]

We have contacted the customer and already picked up the water cooler on 6/**/2014. 
She no longer is a customer of Sky Water.
[redacted]
[redacted]
[redacted]
[redacted]

Revdex.com:
I have...

reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved.
Sincerely,
[redacted]

Review: We signed a five-year contract 5 years ago. Our lease was up in May 2014. I contacted the company report a hot water issue on the water filtration system. They said I would need to sign a new contract to have an engineer come and look at the problem as our lease was about to expire. I said no, I didnt want that. Customer rep asked if I was interested in receiving a newer machine or adjusting my pricing plan. I told her no, that I was canceling the account as I had recently purchased another system to own, this time. She said okay. I contacted the company a few days later to ask them to come and pick up the appliance as we were replacing it that day. I was then informed that an auto-renew on our contract had gone into effect and had extended our contract by a full year. I told them that this was unacceptable, there were legal statutes to prevent this contract behavior in NY and that I needed to speak to a [redacted]. He told me he was the only [redacted]. The representative became very rude and smug and told me he would "see me in court". I contacted legal representation and was told that there is indeed a statute to prevent companies from resorting to the evergreen contract policy and that they had broken that statute. I have since emailed them, called them and sent a certified letter (which I have just been informed that in the middle of the working day this office was not available to accept mail). No-one at this company has contacted me or responded to my complaints.Desired Settlement: I want the contract to be finished as it should be and be null and void after this 5 year period. An apology and the appliance picked up and removed from our premisses immediately.

Business

Response:

We have contacted the customer and already picked up the water cooler on 6/**/2014.

She no longer is a customer of Sky Water.

Review: SkyWater Systems and my company, [redacted], entered into a five-year contract in 2009 for lease and maintenance of two water coolers. The contract expired on April *, 2014.

[redacted] informed SkyWater that we do not wish to renew our previous contract for any length of time or to continue to do business with them. After [redacted] informed SkyWater Systems that we did not wish to renew the contract or continue to do business with them, SkyWater removed their equipment from [redacted]’s offices. The equipment was removed on April *, 2014.

After the equipment was removed from [redacted]’s offices, SkyWater then sent an invoice to [redacted] on April *, 2014, for the full amount of one year’s contract for the year beginning on April *, 2014 and ending on April *, 2015. The following day, April *, 2014, I received a phone call from a debt collection agency, Altus Global Trade Solutions, about this matter.

SkyWater claims that by the time [redacted] informed them that we no longer wish to do business with them, their contract had already automatically renewed for another year of service. However, under New York’s General Obligations Law § 5-901 and § 5-903, SkyWater Systems’ claim that the contract automatically renewed is invalid.

According to the laws of the State of New York, in order to enforce such claims, lessors and service providers are required to give written notice, served personally or by mail (certified mail in the case of service providers), to the lessee or person receiving the service, calling the attention of that person to the existence of the automatic renewal provision in the existing contract. This notice must be delivered at least fifteen days and not more than thirty days previous to the time specified in the contract by which the lessee must serve notice to the lessor of his intention to terminate. SkyWater Systems did not provide such notice to [redacted] during the required time period, and therefore their claim that the contract automatically renewed cannot be legally enforced.

The original contract period for the period between 2009 and April *, 2014, has now expired, and [redacted] did not and does not intend to renew the contract for an additional year.

The requested resolution is that SkyWater withdraw the invoice and their claim that [redacted] owes them anything, and for the collections agency to do the same and cease any attempts to collect on this invoice. If the collections agency has already reported this to any credit reporting agencies, they should also contact the credit reporting agencies and inform them that there is a zero balance and that the debt was reported incorrectly and should be removed from our organization’s credit report.Desired Settlement: The requested resolution is that SkyWater withdraw the invoice and their claim that [redacted] owes them anything, and for the collections agency to do the same and cease any attempts to collect on this invoice. If the collections agency has already reported this to any credit reporting agencies, they should also contact the credit reporting agencies and inform them that there is a zero balance and that the debt was reported incorrectly and should be removed from our organization’s credit report.

Business

Response:

Attached you will find a copy of the contract from 2009 signed by [redacted] along with all of its terms and conditions. Please refer to term number 8 labeled Renewal/ Price Protection.

[redacted] entered into a 5 year contract in 2009 for lease and maintenance of two water coolers with (US) Sky Water Systems. In the attached document you will see the confirmed contract signed by [redacted] for the 5 year term ending April *, 2014. The terms and conditions of this contract are also attached.

The terms and conditions of this contract have an auto renewal clause. The Auto renewal policy is clearly and explicitly written in the terms and conditions of the contract [redacted] agreed to. In order for this contract not to automatically renew for an additional 12 months after end date ( 4/*/14), Customer is obligated to send a written letter explicitly notifying Sky Water that they will not be renewing 90 days prior to end of contract.

All of the terms of this contract were explained to [redacted] at the time) prior to signature including our policy on auto renewal.

[redacted] did not send any letters to Sky Water in writing / via email explicitly stating that they will not be renewing dated 90 days before the end date of the contract.

Sky Water representatives made multiple attempts to contact [redacted]’s new [redacted] before the contract automatically renewed (90 days before 4/*/14) to speak about alternative / other cost effective options. Multiple attempts via email/ phone calls were made to reach [redacted] failed to respond to any Sky Water representatives.

After the contract automatically renewed, [redacted] then contacted Sky Water threatening to cancel service unless we lower our prices below cost , due to quotes he was receiving from other vendors for inadequate subpar service. [redacted] mentioned in one of his emails, that [redacted] will not accept any price reduction offers made by Sky Water and said that [redacted] will wind down their contract with Sky Water.

Sky Water replied that [redacted] can cancel service as long as [redacted] satisfies their contractual obligations. [redacted]’s contract automatically renewed for an additional 12 months at the same rate. According to the terms and conditions of the contract [redacted] signed in 2009 and the auto renewal policy clearly printed on that contract; the new expiration date of the contract is 4/*/15.

[redacted] stated that they refuse to honor the terms of the Sky Water auto renewal policy. [redacted] then emailed legal statute: NY GOB Law § 5-903 claiming that Sky Water legally cannot enforce the Auto renewal policy that [redacted] had already agreed to when they signed the contact in 2009.

Sky Water in writing on multiple occasions explained to [redacted] that this legal statue is not applicable because [redacted] already agreed to all the terms and conditions of the current contract [redacted] signed in April of 2009.

Sky Water explained to [redacted] in full detail that we will make every attempt to collect the remainder of what [redacted] owes on the contract. Sky Water explained its collections policy. Sky Water also explained that if [redacted] does not satisfy their contractual obligations, they will be sent to collections and in addition; [redacted] will receive a subpoena and will have to appear in small claims court. We also mentioned that [redacted] will have every right to argue their case there.

[redacted]’s response was that they still refuse to honor the terms of the contact they committed to in 2009. [redacted] also clearly stated that they will not pay any invoices past 4/*/14. They insisted we remove our equipment.

Sky Water in a final attempt to resolve this matter explained its collections policy. Sky Water also explained that we will retrieve our equipment and that [redacted] will be sent a final bill in the amount that satisfies [redacted]’S contractual obligations.

On 4/*/14 Sky Water removed its equipment from [redacted]’s facility and emailed the final invoice. By end of business day on 4/*/14 [redacted] failed to pay the final invoice. [redacted] did not respond to the invoice. [redacted] did not ask for an extension or a payment plan to pay the invoice. 4/*/14 [redacted] was sent to collections in an attempt to collect a debt.

Sky Water will not withdraw the final invoice or its claim that [redacted] owes them anything. The collection agency will not cease any attempts to collect this invoice. If the collection agency reported this debt to any credit reporting agencies, it is [redacted] responsibility to satisfy its request with Altus Global Trade Solutions.

Sky Waters requested resolution is that [redacted] satisfies is contractual obligation in full in the amount of $2417.03. If [redacted] refuses to satisfy this amount, Sky Water will enforce further legal proceedings and bring this matter to small claims court.

Consumer

Response:

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 business's claim that the contract automatically renewed is incorrect.

Equipment leases and service contracts within the state of New York cannot legally be claimed to automatically renew unless the business gives written notice, served personally or by mail (certified mail in the case of service providers), to the lessee or person receiving the service, calling the attention of that person to the existence of the automatic renewal provision in the existing contract. This notice must be delivered at least fifteen days and not more than thirty days previous to the time specified in the contract by which the lessee must serve notice to the lessor of his intention to terminate. (See: New York’s General Obligations Law § 5-901 and § 5-903)

SkyWater Systems did not provide such notice to [redacted] during the required time period, and therefore their claim that the contract automatically renewed cannot be legally enforced.

This company removed their equipment from our premises on April *, 2014, and is merely trying to get us to pay them money that we do not owe them for a year of service that we do not want and that they are not providing.

Sincerely,

Review: They have not been cooperative with us and we would like to reach out to you and see if you can help us out. We called [redacted] for more then one year to let them know that we did not want to continue with their services. The person told us to wait, as we get closer to the end of the contract date. We called again three months before the contract ended stating the same thing and the person we spoke to said that it was not a problem. They made no mention that we had to do anything on our part and that someone would come to pick up the machine. A month passed and no one picked up the machine.

Then the company automatically renewed our contract even though we spoke over the phone stating that we did not want to continue with their company.

They now keep arguing with us that we had to send an email to them or else the contract automatically renews.

We have been very unhappy with their service. They have not come to change the filters on the machine; the machine is not great, we had a time where we could not even serve water to our guests. We have called many times to inquire why we are still be charged for a machine we are not even using anymore. The machine is here and they refuse to come pick it up. When we call the company the person on the other line refuses to help, because they are using the excuse that the contracted was renewed even though the renewal was not made by us. Please let us know what can be done for our situation. They said they will take us to small claims court if we don't pay. We want to resolve this situation ,but they have been nasty with us on the phone. They are not giving us any options.Please Help us.

Thank you for your time,Desired Settlement: We want them to pick up their machine and stop charging us for a machine we do not use.

Business

Response:

[redacted],

In regards to this complain ID the customer is claiming that she requested not to renew over the phone for over year which is not true as we have all our calls logged in to a database and we have no record of her call. We have changed their filters whenever they asked for it and we have records to prove that. As for the contracts automatic renewal it states clearly that the customer shall notify Sky Water in writing 90 days prior to the contract ending that they do not wish to renew. Claiming that you called us and told us does not suffice. When they called in to inquire in as to why the contract renewed we simply explained to her that since we didn’t get a written notice that is why the agreement renewed. At which point she stated that she will not pay and throw out our machine. In response to that we told her that if that’s the route she decides to go thru we will take her to small claims court. The 2 options that we have offered her are:

A- She continues paying off her bills until the contract is up. ( We still have not received written notification that she doesn’t wish to renew)

B- She can pay a buyout and we will pick up the machine thereafter. ( Keep in mind we would still need a written notice of cancellation to do so)

Account Executive

Sky Water Systems

Consumer

Response:

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:

We do not accept this resolution, because,

(1) we called one year before and they said that we had to request this 90 days before the contract ended.

(2) We called again the 90 days before and they said that they agree to cancel the contract and that someone would come to pick up the machine. We did not send a letter,because someone from the company said that it wasn't necessary.If they recorded our calls then please show the records to Revdex.com.

(3) We want to see the records showing the last time they came to change our filter. It will show that it was January 2011. If they have these records please show it to Revdex.com.How can they get away without changing a filter for over a year.

(4)90 days past and we started to call them and that's when they told us that the contracted was renewed. This is not fair for us to pay money to a dishonest company taking advantage of us. They made us wait so they could have the opportunity to renewal our contract.

(5) We are not using this machine, we have no need to keep the machine. WE just want to get rid of this machine

WE want Revdex.com to investigate this company, because it's been over a year and half that we have seen anyone from their company here to change the filters. Please help us with this matter and prevent them from doing this to anyone else.

I am attaching a copy of an email from us that the company responded

to. We can prove that they are lying.I have also requested a copy of our phone history with [redacted].

They said that we would have it in five to ten business days. As soon as I

receive those I will be sending those over to your office as well.

In order for the Revdex.com to appropriately process your response, you MUST answer the question above.

Sincerely,

Business

Response:

?[redacted],

If you look at what [redacted] said in her first argument she clearly states “ we called one year before.”

The contract clearly states you have to send us in writing 90 days before the contract ends that you do not wish to renew.

This alone shows that they are obliged to the renewal.

In regards to servicing the machine we actually relocated and changed the filters in January of 2012 and per the manufacturer the filters last minimum of 1 year when the machine is used by 30 people a day on a consistent basis.

[redacted] is claiming she barely uses the machine anymore so her machine should be fine and we will change her filters if she requests it.

Account Executive

Sky Water Systems