Smooth Fitness, LLC

---------- Forwarded message ---------- From: [redacted] < [redacted] > Date: Wed, Jul 16, at 10:AM Subject: Case file # [redacted] To: "[email protected]" Dear [redacted] , At this time we ask this this case be closed as resolvedWe have send a technician to repair the damaged treadmillPlease see the attached service work order signed by [redacted] We do apologize for any damage to the unit that may have occurred during shipping and for any inconvenience toe [redacted] In addition we would like to ensure both the Revdex.com and [redacted] that Smooth Fitness does not sell refurbished products Since the unit is fully functional we ask that this matter be closed as resolved Sincerely Smooth Fitness Customer Service ###-###-####

Complaint: [redacted] I am rejecting this response because:I filed a complaint on 08/18/regarding my elliptical I purchased from Smooth Fitness for its defect! Smooth Fitness then returned a response so my complaint was closedSmooth Fitness has still not came through with their promise of repairing my machine! I have spoken to them a few times and each time they state they will call me back the following day and I have yet to receive a callI am hoping I don't have to seek legal help but if my machine isn't repaired shortly I will! This company has been the biggest disappointment of which I have ever conducted business! They even know the problem but they have yet to correct! IMoney returned or repaired machine with extended warranty Regards, [redacted]

--------- Forwarded message ----------From: class="gmail_sendername" Revdex.com of Metro Washington DCDate: Tue, Dec 2, at 9:AMSubject: Fwd: You have a new message from the Revdex.com of Metro Washington DC & Eastern Pennsylvania in regards to your complaint # [redacted] .To: [redacted] < [redacted] >---------- Forwarded message ----------From: [redacted] < [redacted] >Date: Mon, Dec 1, at 3:PMSubject: Re: You have a new message from the Revdex.com of Metro Washington DC & Eastern Pennsylvania in regards to your complaint # [redacted] .To: "[email protected]" They sent the package but did not repair it like was supposed toThe business is a fraud and do not stay true to agreements thank you Revdex.com for your assistanceI just don't want to deal with the hassle

Dear [redacted] , [redacted] order a product from Smooth FitnessAfter the product was ordered [redacted] online where she had selected the full pay option of $vsselecting the $trial fee selection with monthly paymentsThe amount charged was [redacted] selection After the order was placed she wanted to cancel the orderBy the time [redacted] contacted the processing center the unit had already shippedOur customer service staff stated that she only need to refuse the shipment when it arrives and when it is returned to Smooth Fitness she would be refunded the full amount.Currently the tracking shipment shows that the unit was refused and it will be shipped back to Smooth FitnessOnce the unit arrives the account will be fully credited SincerelySmooth Fitness Customer Service###-###-####

Dear [redacted] ,We have contacted the customer and we will send [redacted] the parts need to make the bike fully operational.SincerelySmooth Fitness Customer Service [redacted] ext*

Dear [redacted] ,This product was service by a service technician that [redacted] hiredThe Smooth Fitness Service Department believes that the technician damaged the component during the repair process [redacted] can send the part back to Smooth Fitness for evaluationIf the component was not damaged by the technician Smooth Fitness will refund for the return shippingSincerelySmooth Fitness Customer Service###-###-####

---------- Forwarded message ---------- From: [redacted] < [redacted] > Date: Wed, May 28, at 11:AM Subject: Complaint: [redacted] To: "[email protected]" Dear [redacted] , We request that this case be reopened and closed as resolvedIn an effort to satisfy our customer’s concerns, Smooth Fitness has replaced the product as requested by [redacted] We do apologize for any inconvenience to [redacted] and the Revdex.com Sincerely [redacted] Manager Smooth Fitness Customer Service [redacted] x ***

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved] Complaint: [redacted] I am rejecting this response because: MATTER STILL NOT RESOLVED Per Smooth Fitness National Service Manager, ** [redacted] , on 4/23/ (please see my last response), gave me the order number and told me that he was doing that so I could track itMy tracking was done on HIS company's tracking link on THEIR websiteHe also said that on that day, a new RMA for return of the 'wrong part' that was sent me as a replacement, would be generatedTo date (5/2/14), I haven't received it, and still have that item boxed up, ready to return to SF We also want to get resolution to this issue in a timely manner so we can resume using a treadmill that is still only collecting dust after 5-1/months Regards, [redacted]

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved] Complaint: [redacted] I am rejecting this response because: In rebuttal to Merchant's statement: "We notified [redacted] of this change..." Merchant did not notify Purchased of any change in the return address, prior to Merchant's email submission of the "Day Authorization" to PurchaserPurchaser strictly inquired and was verbally informed/notified on several occasions as well as in writing, via the then current day return policy listed on Merchant's website on the date of purchase, that the return address was located in NJ(see attached print-screen of Merchant's original Return Policy, bearing the specified N.Jreturn address) In rebuttal to Merchant's statement : "...and sent him the day return policy with the new address..." The first notification of the change in return address was realized by Purchaser upon his "full reading" of the "Day Authorization," subsequent to its signing and resubmission to the MerchantPurchaser studied and was well versed on the return policy in place on the date of purchase, and relied upon said policy and statements of Merchant during the inception of the return process Had Purchaser realized the change in address, the "Day Authorization" bearing the new Tennessee address may not have been signedAlthough the signed " Day Authorization," does state a Tennessee return address, Merchant requests the signing thereof, as a prerequisite to receiving an RMA number for return within the day period Absent the signing, which would function as a bar, of said Authorization,; Purchaser would be precluded from executing his right to return the defective unit In rebuttal to Merchant's statement: "...in which he signed agreeing to the terms including the return shipping location.." Purchaser asserts that the signing of the Authorization does not constitute an agreement: as said Authorization does not state suchThe Authorization merely states "read and understand the day return policy." It does not state "agree to." In rebuttal to Merchant's statement: " Smooth Fitness has done everything we could to accommodate [redacted] regarding the return" Merchant has done nothing to accommodate Purchaser Merchant's only action was to request the defective product be shipped to the new return address pursuant to the new return policy which was not in effect on the date of purchase To the contrary, Merchant has exacerbated the issue by referring Purchaser's account to a collection agencyMore dispositive of Seller's failure to attempt to resolve the issue amicably, is the fact that Seller has presented no evidence, nor specified any details to substantiate their uncorroborated allegation that they have: "done everything we could to accommodate Mr Joseph..." Purchaser has stated he is willing to ship the unit to the new Tennessee location, but requested that Merchant bear the additional shipping cost incurred as a result of their request to ship to the new Tennessee location Merchant has not responded to Purchaser's requests that Merchant absorb the additional shipping costs to TennesseeIn a 6/16/ conversation with Mark, Purchaser was informed Mark was discussing the issue with President H***, and that someone would get back to Purchaser The next communication by the Merchant was MrGary D [redacted] 's 07/23/email stating the day period for return had expired; therefore the RMA was voidedPurchaser will conform with Merchant's request to ship the return to Tennessee, given the merchant born the additional shipping costs In rebuttal to Merchant's statement: "...in order for a refund per our day policy [redacted] must sent the unit back to the address that was agreed upon in TN." Purchaser asserts there was never an agreement to return to any alleged "address that was agreed upon in TN." Item Noabove clearly demonstrates; the Authorization merely states "read and understand the day return policy." It does not state "agree to.;" nor does it constitute an agreementAdditionally, Merchant's Day return authorization requests Purchaser sign and return the Day Return Authorization form as a prerequisite to the issuance of an RMA number Absent Purchaser's signature, Merchant would not have issued an RMA numberIn closing, the contract of purchase executed on March 04, and the return policy in force on that date, stipulates a return address of: : " [redacted] , [redacted] , NJ ***." Any deviation from the policies in effect on the date of purchase, constitutes a breech of contract and alternatively Fraud Despite Merchants change of address subsequent to the purchase date, it has no force to revise the stipulation of the original policies As a result of the foregoing, Purchaser requests Merchant generate a paid return label for shipping to the new Tennessee address, [redacted] , TN, [redacted] , and upon receipt by Purchaser, the defective merchandise will be shipped to said locationIn the alternative Purchaser request authorization to deliver the defective unit to the original NJ return address stated above Regards, [redacted]

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved] Complaint: [redacted] I am rejecting this response because: I purchased this treadmill with the belief that I was getting lifetime warranty on all parts as stated on the attached receipt At no time was I told by any service technicians from Smooth Fitness that the failure was caused by a static shock from outside the machinePower surges, static, and other over current conditionsI was told that they weren't going to cover it because they were a new company and wouldn't cover the costIt is impossible for smooth Fitness to make such claimI honestly think they are trying to get out of honoring their warrantyThe control panel works partially and that wouldn't be possible if their claims were trueSeveral customers are having similar difficulty with Smooth Fitness warranty coverage Regards, [redacted]

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved]
Complaint: ***
I am rejecting this response because:
Seller continues to respond in a redundant manner, absent
any facts or explanation to rebut Purchaser's contention of Seller's assertion that
the Day Authorization constitutes an agreementSeller maintains their assertion that the alleged signed
Day Authorization is an agreement binding Purchaser to abide by their new
return policy, and has not expound upon the original policy in effect on the
date of purchase; which is at the root of this disputeConversely, Purchaser maintains his position that said
Day Authorization does not state that it is an "agreement" and does not constitute such; therefore Purchaser
is not bound by the new return policy contained therein, but rather by the
original policy in force on the date of purchaseIn an attempt to avoid redundancy, Purchaser shall not
analyze the Day Authorization on a third occasion, but rather rely on his
previous 08/28/and 9/18/submissions in relation thereto and pose the
following queries to Seller:
1. Does
the Day Authorization at any point in the document advise Seller that the
signing thereof constitutes a binding agreement?
2. Does
the Day Authorization at any point in the document, contain the words: “AGREE,” “AGREEMENT,” “BINDING, ” or “BOUND” therein?
3. Does
the Day Authorization at any point in the document reference the original
return policy which was in force on the date of purchase?
4. Does
the day Authorization at any point in the document advise Seller that the
original return policy would become null and void, and would be superseded by
the new return policy upon the signing thereof?
Seller's second response
submitted on 09/08/states:
"if there was an issue with the returns location than
*** *** should have addressed
the matter at that time."
In regards to that statement, Purchaser poses the following query:
5. What is the return process for purchases made prior to the
return location change from New Jersey to Tennessee,
absent a Purchaser's signing of the Day Authorization?
6. Would refusal to sign the Day Authorization have allowed a
Purchaser, as referenced in
Item Noabove, to return the item to the original return address in New Jersey, or would
a return to the Tennessee
address still be requiredThe absence of a substantive response to the queries posed
above, especially Nos& above, may prove dispositive of Seller's bad
faith intent to escape their responsibilities and may further indicate Seller's
fraudulent intentionsCONCLUSION
Purchaser has been burdened with storage of the defective unit, which as a
result of A & S Assembly's 05/05/diagnostic inspection, precipitated the
Technicians instructions to Purchaser prohibiting its use due to it being
unsafe
Said unit was left in a state of partial disassembly in an attempt to ensure
Purchaser's compliance with the Technician's preclusive ordersThe unit was fully disassembled and place back into its
original packaging by Purchaser and has remained in that state since approximately
06/09/14, for return to SellerPurchaser has always been willing to return the defective unit
to the Tennessee return address, as long as
Purchaser does not bear any additional cost in excess of what would have been
incurred by Purchaser for personal delivery to the original return address in new JerseyIn the interest of equity, it is unfair for Purchaser to
borne the additional shipping cost precipitated by Seller's business decision
to relocate, I presume to their financial betterment, to the Tennessee locationREMEDY
Purchaser, as stated in the Conclusion of his 09/18/reply,
presents the following remedies:
Purchaser requests a return to the status quo, Purchaser 's
personal delivery to the original location of: *** ***, *** *** *** *** ***, NJ***In the alternative, Purchaser requests Seller generate a
prepaid return label for shipping to the new Tennessee address, *** *** *** *** *** TN, *** * ***, in which Seller would borne the
additional costs, approximately $350.00, in excess of
Purchaser's expenditure to perform personal delivery to the original
address in New JerseyPurchaser request that Seller "cease and desist" all
collection actions; as he was informed by Express Response Department on
9/09/that the account was referred to collections
Regards,
*** ***

Dear *** ***,We do apologize for the delay of the warranty serviceOur service department has informed us that a technician has been dispatched to trouble shoot the problem with *** ***’s treadmillWe will send *** *** the necessary parts to repair the unitWe ask
that this matter be closed as resolved.SincerelySmooth Fitness Customer Service*** ext*

Dear ** ***,We have contacted *** regarding the service problemCurrently our service team is reviewing the problem and will send out the necessary parts and service to ***. SincerelySmooth Fitness Customer Service###-###-####

Dear *** ***,We do not know how this error occurred and do apologize if the error was on Smooth Fitness parts department’s partIn an effort to resolve this issue with *** ***, she will not have to pay for the return visit for the final repair once the motor arrivesSmooth Fitness
will cover this cost. At this time we ask that this matter be closed as resolved. SincerelySmooth Fitness Customer Service###-###-####

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved]
Complaint: ***
I am rejecting this response because of the additional perspective provided by the attached assessment from the third-party service provider
Regards,
*** ***

Dear *** ***,*** ***’s labor warranty had expiredIn order to repair the product *** *** hired a technician agreed to the cost associated for diagnosing the problem and then for the service to replace the damaged component on a subsequent visitThis is standard practice with any
product whether it be a TV , refrigerator or any other applianceIt is unfortunate that the component had failed and it is unusual that it failed after yearsThis is uncommon for this to occurrence and extremely unlikely that it would occur again years from nowSmooth Fitness did warrant the part and *** *** was only responsible for the service charges as the labor warranty coverage had expired. We find this complaint to be completely unfounded and unreasonable and ask the this be immediately closed and remove from our record.SincerelySmooth Fitness Customer Service888-800-ext

Dear *** ***,We do apologize for *** *** frustration with the issues he is having with the ellipticalAt this time we are will repair the unit under the warranty with no charge to *** ***This case will be escalated to the service manager and *** *** product will be
repaired.Once again we do apologize for any inconvenience.SincerelySmooth Fitness Customer Service###-###-####

Dear *** ***,We do apologize for the trouble *** *** is having with her sitNcycleWe have escalated this issue to our management team and will contact here immediately to resolve the issueIn an effort to resolve the issue Smooth Fitness will immediately send the required part or a
replacement product.Once a resolution has been made we ask that this matter be closed.SincerelySmooth Fitness Customer Service###-###-####

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved]
Complaint: ***
I am rejecting this response because:
No action by Smooth Fitness has taken placedays ago, a representative called me, stating that he would contact me with some resolution within days, no further contact.There has been no action by Smooth Fitness, LLCand no action by anyone associated with, or acting on behalf of, Smooth Fitness, LLC.Another broken promise in a long string of broken promises
Regards,
*** ***

Dear *** ***This residential product was purchased for *** *** Apartments which is considered a commercial setting, as the entire apartment complex has access/use of the productThe product warranty only covers residential/single family useThere is no commercial warranty on this
product as stated in the warranty section of the attached manualThe warranty information is online where the customer purchased the product.We ask that this matter be closed immediately as the product is used in a commercial setting against Smooth Fitness’ product recommendations therefore voiding the warrantySmooth Fitness will not accept any return or cover any warranty services for this product. SincerelySmooth Fitness Customer Service###-###-####