Southwestern New Mexico On-Line

[redacted]LAWYER & COUNSELOR                             ...

                                                       E-mail: [redacted]                         SUITE [redacted]                          
                                                                   [redacted]                                                                      Phone [redacted]         fax [redacted]   December 16, 2015  Re: Complaint #[redacted]By [redacted] Dear Sirs: I write to respond to [redacted]’s complaint listed above on behalf of Awesome Air & Heat Service. Attached are a number of documents and photos that corroborate the facts I will outline here. [redacted]’s complaint to the Revdex.com is that Awesome Air failed to honor its warranty. As the enclosed email exchanges demonstrate, Awesome Air sent personnel in response to [redacted]’s calls each and every time he requested them. On October 8, [redacted] states he cannot be available to permit the crew to gain access. After that time, he then fails to make any other response to state when he will allow access. On the same date [redacted] of Awesome Air asked if Monday, Oct. 12 would work, but got no response. He sent his crew back out to [redacted]’s residence on Oct. 12, and they got to response at the door. They left a card on the door showing the date and time they were there (see photo attached to their written statements). No further communication was ever had from [redacted]. The contract he signed with Awesome Air (enclosed) plainly states that he must allow access for Awesome Air to perform warranty work.1 He did not permit this. He made it impossible for Awesome Air to access his equipment. He cannot now be heard to complain, much less demand payment for allowing a third party access to the equipment. What is clear is that the issue with the air ducts opening after being glued together with a substance called “mastic” was caused by [redacted] failing to heed instructions to allow it to dry and harden before pressurizing his system. He claims he did, but it is evident from the photos he sent to [redacted] on Oct. 7 via email (included) plus the visual inspection made by workers on their first attempt to repair it on Oct. 6 which revealed bubbles that form from flowing air.The separation can only occur due to air pressure. It occurred while wet, which means [redacted] did not wait the required 24 hour period. Furthermore, I note that the city’s inspection (for its rebate program) of the installation found no issue.It is also evident from [redacted]’s Oct. 8 email response that he was upset over the fact that he wanted [redacted] himself to personally attend to this condition and [redacted] refused. [redacted]’s personal presence is not required under any interpretation of the warranty, and his refusal was not a breach of warranty. He was at all times willing and DID send his crew members out to address all warranty work revealed by [redacted]. [redacted] simply stopped responding to inquiries on when access would be allowed.Awesome Air & Heat Service honors its contracts and its warranties. I hope this letter and the attached proofs make this evident to you as an impartial investigator.Sincerely yours,              [redacted]

Complaint: [redacted]
I am rejecting this response because the excuses provided by [redacted] and his two "Technicians" are completely false and misleading.  They have clearly conspired to fabricate a story of what was said and what was actually done during the initial installation as to avoid taking responsibility for a substandard installation job.  In fact it was the technicians from Awesome Air and Heat that powered up the system after the installation was complete in order to demonstrate that it was working and then show me how to use the new control panel.  Neither of the two technicians ever suggested that I leave the system off for 24 hours or I would have gladly done so.  After all, it was late April and the weather at the time was very mild so leaving the system off overnight would have not been a problem.   This was not the case when I called them to come back out in early October which is when they first suggested that I leave the system off overnight.  But even despite subjecting my family to uncomfortable conditions, I did leave the system off for over 24 hours as they had asked and the plenum seal STILL LEAKED!Furthermore, and as stated in my email to [redacted] dated 08 October 2015, the reason Awesome Air and Heat was denied access to honor their warranty, was because [redacted] insisted on sending out the SAME CREW that botched the install in the first place and then still could not get the plenum sealed the second time!  I told [redacted] that he either needed to send a different crew out or that he needed to come out and at least inspect the work that his two technicians had done.  He refused to do either of these and so I had no choice but to seek out another, more competent service provider.  (Note: another HVAC service provider sent out a single technician who promptly discovered the problem with the plenum seal and had it repaired in less than 45 minutes.  This provider asked that I leave the system off for 4-6 hours which I was happy to do and the plenum is now sealed to my complete satisfaction.)Had [redacted] agreed to come out to my residence on Oct 8th like I had asked him to, I may have benefited from his "over thirty years of experience" and perhaps he would have been able to supervise his two technicians properly.  Instead, [redacted] repeatedly suggested that he didn't need to come out and would rely on photos being sent via text messages from his technicians smartphone.  If that is [redacted]'s business plan, he should include that on his contracts and correspondence so the I, as the consumer, would know that what I'm getting in return for my money is not really "over thirty years of experience" but rather two minimally trained and certified technicians armed with a smartphone!  It is for the above reasons that I maintain my demand for compensation equal to the current market price of two annual system inspections. If [redacted] agrees to refund the amount requested, I will consider the matter resolved. 
Regards,
[redacted]

Complaint: [redacted]
I am rejecting this response because it does not address the complaint not offer any resolution. 
Regards,
[redacted]