Smooth Fitness, LLC

Dear [redacted],
"Arial","sans-serif";">On occasion
we do have a stock out situation with certain componentsThis was an
unforeseen event and we do apologize for any inconvenienceDue to human error
**[redacted] was sent the wrong component and we are working very diligently to
get the correct component to himOur Service department has contacted **Richardson
and have resolved this matterSmooth Fitness will send **[redacted] the
correct component as soon as it arrives in inventory as per his resolution
request
Once again we
do apologize for any inconvenience
Sincerely
Smooth
Fitness Customer Service
[redacted]
ext*

--------- 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] ---------- Forwarded message ----------From: [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],
"Arial","sans-serif";">
This product
was delivered to the customer and accepted in perfect conditionThe report of
damage was made days after the delivery was madeOur policy is to report any
damage within hours of the delivery or mark the Proof of the delivery
paperwork as damaged, if there is any suspected damageThis policy is in place
to immediately notify the freight company and claim any damage, in addition to
differentiating between freight damage and accidental consumer damageFrom our
experience with this design this is not damage that occurs from shipping and is
usually associated with incorrect removal of the product from the boxAfter
Smooth Fitness received a call from the customer, nine days after receiving the
unit Smooth Fitness, as a courtesy, offered to repair the broken
component with no cost to the customer; even though this type of circumstance
would not be repaired free of charge
When service
arrived, the technician noticed that the Smooth Fitness parts department did
send out an in correct replacement component in which Smooth Fitness is
extremely sorry for that error or any inconvenience that may have caused
Smooth Fitness, as a courtesy, dispatched the correct part and dispatched a
technician at no change to the customer At this time **[redacted] refused
service and wanted to return the productAgain Smooth Fitness as a courtesy
agreed to take the product back under the day return policy even though
there were no reports of damage until well beyond the hour reporting period
We would also
like to dispel the accusation that the product that was shipped to **[redacted] was anything other than newThe product that **[redacted] purchased and
received was a New CE-elliptical
Smooth
Fitness has made every effort to resolve this issue with **[redacted] and we,
within a reasonable amount of time, continue to extend those courtesies
Attached you
will find the Proof of Delivery without exception
In light of
the information above and Smooth Fitness' reasonable attempts to resolve this
issue we respectfully ask that this matter be closed resolvedSincerely,
Smooth Fitness Customer Service

[redacted]In an effort to resolve [redacted]’s complaint we will send the replacement part free of charge. We will have the service department notify him as soon as possible. At this time we ask that this matter be closed as resolved.SincerelySmooth...

Fitness Customer Service###-###-####

[redacted],
I am not asking for the warranty coverage. I am asking for a working machine. Upon receiving the machine it was broken. It has not worked a single day since we purchased it in February. I completely understand that they are not willing to cover a warranty if we had 50 people using a machine that was only designed for a single family, (however this information should be disclosed somewhere since the warranty was one of the main selling points of their machine) and it broke from over usage or misusage. However I have never had a company that has sold me any item or service and not stood behind the integrity of the product at the initial time of purchase. I have tried to explain this multiple times through many different avenues and have been ignored and lied to. In addition a technician was sent out one time who had no idea what he was doing. He took the console off of the machine, tampered with it, and when he put it back on it began smoking. I feel like it is a reasonable request to desire that the machine we purchased be usable. I am willing to accept an exchange for a recommended machine for our usage, a repair so it at least works initially and they will never hear from me again, or a full refund so I am able to purchase a machine from a company who stands behind their products.
 
Sincerely,
[redacted]

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]
 Complaint: [redacted]
I am rejecting this response because: I understand that Smooth Fitness is within the letter of the law. But there are 2 things to consider. First, there is absolutely no reason to expect that, with the same kind of use I have had with the machine (and which I would consider light, being only 1 to 2 days per week for less than 45 minutes per session) that the part will fail again in another 2 years if not sooner. If Smooth Fitness believes that this will not happen, can they cover at least the next repair (or the next 2)if it occurs within a few years? Second, even though they are within the letter of the law, I believe that paying more than $325 to fix something that breaks with light to normal use in less than 2.5 years, and thus could be considered part of NORMAL MAINTENANCE, is excessive and disproportional to the cost of a machine that is advertised for its durability.
Regards,
[redacted]

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]
 Complaint: [redacted]
I am rejecting this response because: I have not received either the part or notification of it's shipment. Given my experience with this company I reserve judgement until they produce on their commitment.  If and when they do I will accept the settlement but given the previous responses of their  national service manager, I have my doubts.
[redacted]

[A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory.  I do not think the case should be closed due to previous promises made but not acted upon on by Smooth Fitness. The case should not be closed until the unit has been fully repaired.
Regards,
[redacted]

Complaint: [redacted]
I am rejecting this response because:I filed a complaint on 08/18/2014 regarding my elliptical I purchased from Smooth Fitness for its defect! Smooth Fitness then returned a response so my complaint was closed. Smooth 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 call. I 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]

Dear [redacted]Smooth Fitness warranties the products from defects provided the product is cared for and used under normal conditions. The product was not properly maintained by allowing excess sweat to sit on and build up on the machine. Without cleaning or removing the fluid...

overtime it may cause excessive wear to the painted surface, as with any material. As per the warranty the lack of care for the product does not qualify as normal use.  “Warranty Coverage: EVO Fitness and Smooth Fitness, Inc. ("Smooth Fitness") w arrants to the original ow ner that each new product to be free from defects  in workmanship and material, under normal use and conditions.”    SincerelySmooth Fitness Customer Service888-800-1167 ext. 4

Dear [redacted],We apologize for any trouble [redacted] is having with her product. Her case will be escalated to the service manager. We will resolve her concerns as quickly as possible. The service manager will contact her directly.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 response. If 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 4/23/14
(please see my last response), gave me the order number and told me
that he was doing that so I could track it. My tracking was done on
HIS company's tracking link on THEIR website. He also said that on
that day, a new RMA for return of the 'wrong part' that was sent me
as a replacement, would be generated. To 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
5-1/2 months.
Regards,
[redacted]

Dear [redacted]We do apologize for any issue [redacted]s experiencing with her treadmill. Our service manager has contacted [redacted] and has sent the required replacement part and service technician to remedy the problem. We expect this matter will be resolved within the next few...

days. SincerelySmooth Fitness Customer Service###-###-####

[A default letter...

is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
Revdex.com:
I did receive the part to the treadmill and it does work.  I still think this company uses false advertising of their "lifetime warranty on all parts" to mislead clients into buying fitness equipment that in fact is not well made (based on the fact that mine has broken down twice in 2 years) and there is no lifetime warranty.Thank yuou for your help in getting this matter resolved for me.
Regards,
[redacted]

[A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
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. 
Regards,
[redacted]

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]
 Complaint: [redacted]
I am rejecting this response because:
1. 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 "60 Day Authorization" to Purchaser.
Purchaser strictly
inquired and was verbally informed/notified
on several occasions as well as in writing, via the then current 60 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.J. return address)
2. In rebuttal to
Merchant's statement : "...and sent him the 60 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 "60 Day
Authorization," subsequent to its signing and resubmission to the Merchant.
Purchaser 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 "60 Day Authorization" bearing the new Tennessee address may
not have been signed.
Although the signed "60
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 60 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.
3.  . 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 such.
The Authorization
merely states "... read and understand the 60 day return policy."   It does not state
"agree to."
4.   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
agency.
More 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 Tennessee.
In a 6/16/14
conversation with Mark, Purchaser was informed Mark was discussing the issue
with President H[redacted], and that someone would get back to Purchaser.  The next communication by the Merchant was
Mr. Gary D[redacted]'s 07/23/14 email stating the 10 day period for return had
expired; therefore the RMA was voided.
Purchaser will conform
with Merchant's request to ship the return to Tennessee, given the merchant born the
additional shipping costs.
5.   . In rebuttal to Merchant's statement:  "...in order for a refund per
our 60 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 No. 3 above
clearly demonstrates; the Authorization
merely states "... read and understand the 60 day return policy."   It does not state
"agree to.;" nor does it
constitute an agreement.
Additionally, Merchant's
60 Day return authorization requests Purchaser sign and return the 60 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
number.
In closing, the contract of purchase
executed on March 04, 2014 and the return policy in force on that date,
stipulates a return address of: : " [redacted], NJ [redacted]."  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] [redacted], and upon receipt by Purchaser, the defective
merchandise will be shipped to said location. In the alternative Purchaser
request authorization to deliver the defective unit to the original NJ return address stated
above.
Regards,
[redacted]

Dear [redacted],This is not consider to be a manufacturing defect. Our service department has confirmed that the LED backlight has gone out. Much like a light bulb this component is a wear and tear item and may wear out over time. [redacted] can purchase the replacement...

part.SincerelySmooth Fitness Customer Service888-800-1167 ext. 4

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]
 Complaint: [redacted]
I am rejecting this response because: this response is in accurate at best, more likely deciving, they have never checked the machine, I had it check by a technician, and I was told the display malfunctioned, not a light bulb???.
Clearly demonstrates their poor guaranty and service.
My complaint stands.
This company don't deserve to be part of any Revdex.com.
Regards,
[redacted]

[A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
Revdex.com:Smooth Fitness got the part out to me last week and their contracted repair tech came out to me this morning.  I feel the treadmill is working fine now but it took contacting you to get it done.  Thanks so much for your help.
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me. 
Regards,
[redacted]

Report was verbal, not written up.