I’ve attached the letter sent to Mrs [redacted] via certified mail on the date listed at the topI did not receive a response to that letterI feel I’ve left this as open ended for negotiation regarding the matterAnd I’m still willing to try and find common ground.I’m also open to whatever suggestions the BB B may have in handling this situation8/28/[redacted] and [redacted] , OH ***Mr& Mrs***,I have received your calls, voicemails, and emailsI regret that you are not willing to allow my company to come out to warranty our work and have already proceeded with another contractorYou have requested a refund of $This is a refund of line items 15, 16, 17, 21, 22, and then $for the tile you purchasedI have reviewed your concerns and many of the responses/reasons for steps taken are based on conversation and explanation that our installer Oliver recalls having with youFor example, to keep the hall bath transition as low as possible he opted to build the mortar bed up as opposed to using backer boardHe did, however use ¼ backer in the master bathroomWe consider the master bath install to appropriate industry standardHe recalls discussing the hall bath change with you and you agreeing to this change and possible riskHe also recalls discussing with you the broken state of many of the tiles you purchasedHe states that you agreed to allow these to be installed in their present condition because this was a closeout purchase and there were no more of these tiles availableHere is an interpretation of Ohio Law regarding warranty of goods as they apply to your job: “A specific designation of goods by the buyer does not exclude the seller's obligation that they be fit for the general purposes appropriate to such goodsA contract for the sale of second-hand goods, however, involves only such obligation as is appropriate to such goods for that is their contract descriptionA person making an isolated sale of goods is not a "merchant" within the meaning of the full scope of this section and, thus, no warranty of merchantability would applyHis knowledge of any defects not apparent on inspection would, however, without need for express agreement and in keeping with the underlying reason of the present section and the provisions on good faith, impose an obligation that known material but hidden defects be fully disclosed.” As you purchased the goods (tile) here, we consider those goods (tile) as second hand and that we are neither the buyer nor the seller thus no warranty from Reversal Restoration appliesIn cases of failure like this the material manufacturer needs to be notified of the failure and sent to evaluate the installation then they give a reason for the failureAs we didn’t buy the material we can’t do this, however this would be my next step had I made this purchaseIt’s important to know if this tile was defectiveOhio Law also stipulates that the defects be communicated to the contractor in writing within the warranty period (which we are well within) and that contractor has the right to respond then offer an adequate repairI have never been given these complaints in writing, however each communication regarding other issues like the transition moldings have been addressedWe had no chance to inspect nor apply a solution to this latest concern over the backing of the tileYour voicemail then email was the first communication about this issueEmail does not constitute notification in writingWe also did perform several services that were not billed to youPlease review the enclosed estimate to confirm this for yourselfWe installed the same wood flooring in the master closetWe installed various baseboards that we didn’t bill (only shoe molding was billed.) We didn’t initially plan for you to remove the balustrade in the dining room, yet we worked with you, taking numerous trips, going from custom to manufacturer supplied back to custom trims to satisfy that unusually awkward transitionWe repaired a scratched piece of flooring already installed in the upstairs landing when furniture was movedWe assisted in the water damage repairs discovered behind the toilet in the hall bathAlthough you asked that content and debris manipulation charges and be removed, we ended up moving several items in and out the homeI would like to see this matter resolved quickly and fairly for both of usOnce you’ve considered the above, please reply in a like manner as I’ve communicated to youPlease include an appropriate warranty repair request and as you’ve already proceeded with another contractor, a refund amount you can agree to acceptIf agreed I will issue refund and documentation immediatelyThis invoice has been paid via credit card, note that any refund would need to be processed in that mannerRegards, [redacted] President [redacted] ***
I’ve attached the letter sent to Mrs [redacted] via certified mail on the date listed at the topI did not receive a response to that letterI feel I’ve left this as open ended for negotiation regarding the matterAnd I’m still willing to try and find common ground.I’m also open to whatever suggestions the BB B may have in handling this situation8/28/[redacted] and [redacted] , OH ***Mr& Mrs***,I have received your calls, voicemails, and emailsI regret that you are not willing to allow my company to come out to warranty our work and have already proceeded with another contractorYou have requested a refund of $This is a refund of line items 15, 16, 17, 21, 22, and then $for the tile you purchasedI have reviewed your concerns and many of the responses/reasons for steps taken are based on conversation and explanation that our installer Oliver recalls having with youFor example, to keep the hall bath transition as low as possible he opted to build the mortar bed up as opposed to using backer boardHe did, however use ¼ backer in the master bathroomWe consider the master bath install to appropriate industry standardHe recalls discussing the hall bath change with you and you agreeing to this change and possible riskHe also recalls discussing with you the broken state of many of the tiles you purchasedHe states that you agreed to allow these to be installed in their present condition because this was a closeout purchase and there were no more of these tiles availableHere is an interpretation of Ohio Law regarding warranty of goods as they apply to your job: “A specific designation of goods by the buyer does not exclude the seller's obligation that they be fit for the general purposes appropriate to such goodsA contract for the sale of second-hand goods, however, involves only such obligation as is appropriate to such goods for that is their contract descriptionA person making an isolated sale of goods is not a "merchant" within the meaning of the full scope of this section and, thus, no warranty of merchantability would applyHis knowledge of any defects not apparent on inspection would, however, without need for express agreement and in keeping with the underlying reason of the present section and the provisions on good faith, impose an obligation that known material but hidden defects be fully disclosed.” As you purchased the goods (tile) here, we consider those goods (tile) as second hand and that we are neither the buyer nor the seller thus no warranty from Reversal Restoration appliesIn cases of failure like this the material manufacturer needs to be notified of the failure and sent to evaluate the installation then they give a reason for the failureAs we didn’t buy the material we can’t do this, however this would be my next step had I made this purchaseIt’s important to know if this tile was defectiveOhio Law also stipulates that the defects be communicated to the contractor in writing within the warranty period (which we are well within) and that contractor has the right to respond then offer an adequate repairI have never been given these complaints in writing, however each communication regarding other issues like the transition moldings have been addressedWe had no chance to inspect nor apply a solution to this latest concern over the backing of the tileYour voicemail then email was the first communication about this issueEmail does not constitute notification in writingWe also did perform several services that were not billed to youPlease review the enclosed estimate to confirm this for yourselfWe installed the same wood flooring in the master closetWe installed various baseboards that we didn’t bill (only shoe molding was billed.) We didn’t initially plan for you to remove the balustrade in the dining room, yet we worked with you, taking numerous trips, going from custom to manufacturer supplied back to custom trims to satisfy that unusually awkward transitionWe repaired a scratched piece of flooring already installed in the upstairs landing when furniture was movedWe assisted in the water damage repairs discovered behind the toilet in the hall bathAlthough you asked that content and debris manipulation charges and be removed, we ended up moving several items in and out the homeI would like to see this matter resolved quickly and fairly for both of usOnce you’ve considered the above, please reply in a like manner as I’ve communicated to youPlease include an appropriate warranty repair request and as you’ve already proceeded with another contractor, a refund amount you can agree to acceptIf agreed I will issue refund and documentation immediatelyThis invoice has been paid via credit card, note that any refund would need to be processed in that mannerRegards, [redacted] President [redacted] ***