The Legal Clinic

This customer did purchase a couple of rotisseries from us, unfortunately he had issues with both of them We don't normally have problems like this, where a customer goes through two of them We were still in the process of working with the customer for a refund, I was just awaiting approval

In reference to the above-captioned complaint, please be advised that the President of Backyard Accents/KoKoMo Grills actually visited Mr and Mrs [redacted] at their residence to assess their concerns Below please find the email from the President to the customer in reference to their concerns after he visited with Mr [redacted] at the residence:We have also attached a copy of the Bennett's fully executed contract and acceptance of delivery; kindly note Section #TILE/NATURAL STONE DISCLAIMER & WARRANTY INFO on the back of the [redacted] contract Again, Mrs [redacted] executed this contract Additionally, she accepted delivery of her island on July 13,

At this time, I have been contacted directly by D & L Equipment & Power Sports Inc regarding complaint ID 12688600, however my complaint has NOT been resolved because:
[Your Answer Here]
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above
Sincerely,
*** ***

As a solution this business suggested going through homeowner's insurance for repair, however no licensed contractor would touch this project without BBQ island engineering specifications, to include posts/trusses load bearing capacity, weight etcWe have requested these specs times since August 2, and have not received them yetThe Backyard Accents - Kokomo Grills sent to us and submitted here, incomplete engineering specs for &attached lattice beam cover&; ours is &freestanding (Newport) solid cover&Ignorance, negligence or something else?The &professionally trained delivery crew& built the canopy in our back yard, and then failed to attach it properly to the BBQ island; since they did not use fasteners, as specified by the manufacturer, to attach the roof/canopy to the cross beams in 8' long sectionThe attached pictures clearly show thatFurther the &professionally trained crew& failed to install either wind brackets or side plates on the trussesFinally, as per manufacturer's specs, the posts need to be attached to the slab either by brackets or by footingsOur posts are notAlumi-Cover Awning Cosells their building products to licensed contractors with ROC numbers only, as confirmed by themBackyard Accents do not have ROC number, which makes their business practices even more suspicious

To address the customer's first concern: Backyard Accents is more than happy to repair the canopy for Mr and Mrs *** should they submit it to their homeowner's insurance and receive compensation; we do not expect another contractor to complete the repair The Line Drawing attached is what is considered the specifications for Mr and Mrs ***'s island, as each island is custom built to the customer's specifications Please understand that the island is a modular piece of backyard equipment much like custom patio furniture and is, in no way, built on site or a permanent structure Second and third concern: The ***'s canopy is not freestanding; it is attached to the island with reinforced beams Our company has built and delivered to such units each month for over years and, to date, have had no concerns such as the ***'s The wild weather over the weekend of the occurrence was an "act of "God, something over which we have no control Again, with so many islands going out each month and no similar issues, the weather had to have been extreme The island did not move, the top got blown around Our canopy is similar to a canopy the average customer can purchase at Costco or Home Depot, however we take every measure possible to secure them properly to affix them to each island, as we did in this case.Fourth concern: Alumi-Cover has sold us their canopies for over five years; we do not have ROC number, as it is not required; we do not build products at the customer home, we install them. We regret that Mr and Mrs ***'s canopy was affected by the violent weather and wind It is our sincere desire to deliver a quality product, which we have done for over years

[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 *** and find that this resolution would be satisfactory to me. I will wait until for the business to perform this action and, if it does, will consider this complaint resolved
Regards,
*** ***

This customer did purchase a couple of rotisseries from us, unfortunately he had issues with both of them.  We don't normally have problems like this, where a customer goes through two of them.  We were still in the process of working with the customer for a refund, I was just awaiting...

approval.

Mr. [redacted] purchased a St. Croix Barbecue Island from Backyard Accents on March 6, 2016.  On this date, he signed a contract, a copy of which is attached, which states that "all sales are final and deposit monies are nonrefundable."  Mr. [redacted]l, on that same date, paid $5000 which was [redacted]f...

down, to begin production of his custom island.  Mr. [redacted]l called our office on March 18, 2016, demanding a refund.  His request was denied due to the nonrefundable policy on the contract which Mr. [redacted]l executed on March 6, 2016.  Further, Mr. [redacted]l's custom island had already been placed in production which further prevented him from cancelling the order.  The company policy was reiterated to Mr. [redacted]l on numerous occasions and various concerns which Mr. [redacted]l brought to our attention were all addressed and resolved.  At this time, Mr. [redacted]l agreed to proceed with the production of his custom island.  The company had no further contact with him until mid-April, when our Accounting Department called to let him know his island was completed and that we needed to collect the balance of the final payment due prior to delivering his island.  Mr. [redacted]l refused to make this final payment prior to delivery despite the fact the fact that this is our company policy.  To reiterate further, his custom island is complete and awaits delivery to him once he pays his balance in full.

In reference to the above-captioned complaint, please be advised that the President of Backyard Accents/KoKoMo Grills actually visited Mr and Mrs [redacted] at their residence to assess their concerns.  Below please find the email from the President to the customer in reference to their concerns...

after he visited with Mr [redacted] at the residence:We have also attached a copy of the Bennett's fully executed contract and acceptance of delivery;  kindly note Section #15 TILE/NATURAL STONE DISCLAIMER & WARRANTY INFO on the back of the [redacted] contract.  Again, Mrs [redacted] executed this contract.  Additionally, she accepted delivery of her island on July 13, 2015.

To Whom it may concern:[redacted] ordered their grill/island on Feb. 13, 2015.  On the special notes portion of the contract it was noted that the customer did not want delivery before June 1.  Nothing was ever mentioned about the husband's birthday being on the 2nd.  Our delivery...

scheduler scheduled delivery for June 10, 2015.  He also phoned the customer and left them a voice mail regarding the delivery date.  On June 2nd the customer phoned the office inquiring about the delivery of their island.  They were informed that delivery was scheduled for the 10th.  They were not happy.  Once they explained the situation, we offered to deliver their island on the 5th of June.  They agreed.   The customer then called about some grill issues a few weeks later.  We explained to the customer that per company policy, the customer needs to bring in the defective part and we will exchange it for them as long as the part is still under warranty.  The other option is for us to go out to the customer's home for a service call.  We charge $75 per hour for a minimum of two hours.  Mr. and Mrs. [redacted] did not agree with the service fee.  We went to the house on Friday July 24th and completed the repairs at no cost to the customer.  The customer used the grill over the weekend and apparently the same issue occurred with the grill.  We are currently working with the customer to get everything working correctly and plan on having the issue resolved this week.

They are not telling the whole story. Terrible customer service!!!!! Their employee said the product is not safe to put in a propane tank in their product and I as the customer would have to do that if I want propane. I have it on recording from their employee! This was misrepresented from the front. The sales people will say whatever they need to make a sale. They changed what was needed on the product to make it run when I demanded my money back. They now have people saying it is safe and they don't know what THEIR EMPLOYEE is talking about. I can't even get a customer satisfaction call or anything. I keep hearing about a contract that was signed which is misrepresented by their company. They can't even make a courtesy call to address the problem. No way I am dealing with this company! They have lied from the beginning and are trying to hide behind a contract. This is a terrible company to deal with and I see why they have so many complaints and negative reviews.

We have attached a copy of the Customer's executed contract both front and back, referencing Section 9 "Warranty" on the back of the contract.  Additionally, we have included the Structural Engineers Specifications displaying manufacturer's wind load capacity and design.  Our company does...

not have ROC number, as we do not build the islands or canopies on-site at customer location; we have professionally trained Delivery Technicians who place each island in the customer's backyard.  The company Alumi-Cover  supplies us with the canopies which we secure to the island itself.  Mrs. [redacted] made us aware of her concern with her canopy after a particularly powerful storm which swept over her area in the last weekend of July.  Our suggestion to the customer was that they contact their homeowner's insurance, as this was an act of God and nothing over which we had any control.  Our company delivers 65 to 80 of these islands each month, and, to date, we have not had a complaint such as this one.

We are pulling our most expert tile man off our production line to go to the [redacted] residence on August 2, 2016 to make all requested repairs at no charge to Mr and Mrs [redacted].  Once completed, we will attach a copy of the work order on which the customer will sign off reflecting his...

satisfaction.  Any questions regarding this email or complaint, please contact Darlene at [email protected] or at ###-###-####.  Thank you. Customer Service Department Phone  ###-###-####Fax      ###-###-####KOKOMO GRILLS SHOW ROOMMon-Fri: 8:00am- 4:30pm[redacted]Phoenix, Az 85034WEBSITE- www.kokomogrills.com[redacted]