Thurston Kitchen & Bath

[redacted] ordered cabinets from us based upon a custom design, developed by Thurston employee [redacted] on March 28, They had been in conversation on this project since ***’s understanding was that with the placing of the order with Thurston, [redacted] was to secure the services of a licensed contractor to begin the construction phase of the projectWhile the design was established, renovation involving the removal of walls, movement of plumbing and electrical can and often does affect final dimensions of the project along with the design and sizing of cabinetryWe placed the order with the manufacturer, but were waiting for answers to questions to assure the project went smoothly [redacted] informed [redacted] of this on April 27, 2017: “In all my years of doing this I have had a policy of not finalizing the order until at least the framing is in place This makes the success rate go up to % if we all know how long, deep, tall and wide all of the things are that we are working with, and if there are going to be outlets, sheet metal, and/or plumbing that we have to deal with And yes, it makes sense to know all of the appliances, which I have ok'd at this time.” Since [redacted] had not begun the process of renovation with a contractor relationship involving permitting, renovation design, plumbing, electrical, drywall, painting and finish carpentry, he requested that we terminate the agreement and refund his deposit money [redacted] contacted management and reviewed the costs of the project developed to date along with any potential charges from the manufacturer for cancellationAny of these charges would have been eligible for deduction against any credit/refund offered to [redacted] Thurston was preparing to issue a credit back to [redacted] After numerous phone conversations and emails, [redacted] asked [redacted] in an email dated June 13, 2017: “Can you send me a list of what you would need done before you can place the cabinet orders size and location of new windows, demo in and framing complete? Appliance sizes? Sink size?, etc.” He had changed his mind about cancelling the order and wanted to proceed [redacted] offered a comprehensive point list of construction issues that would need to be addressed and confirmed in an email dated June 13, On June 22, [redacted] was contacted, via email, by [redacted] of 10th Mountain Construction [redacted] explained that he was contracted to perform the services of a general contractor on the [redacted] renovation***, [redacted] and [redacted] met at the jobsite on June 23, At that time the process of construction design began and over the next 2-weeks all of ***’s comprehensive point list of construction issues, that needed to be addressed and confirmed, were answeredThe process developed design changes, as [redacted] had predictedThe cabinet order was confirmed and the contractor proceeded with the renovation project The cabinets have been in our warehouse for a significant timeWe have been waiting to deliver them based upon two factors: The contractor is not ready for deliveryAs of October 23, 2017, the framing, plumbing, electrical work and sheet metal ventilation is nearing completion, but will require inspection prior to moving forwardHolding cabinetry in the warehouse prior to delivery to jobsite is common and contractors appreciate this serviceIt aids clients, in that cabinetry is not subjected to the dust and potential damage inherent in construction sites Payment of $Our long established policy allows for the payment of $10,per sales contract via credit card, the balance via check or other funds Thurston, via its representative [redacted] ***, attempted to do our best for [redacted] in his pursuit of a beautiful remodelThurston always had the order in process with the manufacturer; our records will establish this fact Once [redacted] decided to proceed with the project, by securing the services of a licensed contractor for the remodel and address questions critical to his project, the project got underwayWe have been ready to deliver the cabinets, but are unable to do so due to the two issues covered previously, which can be resolvedOur email communications with [redacted] will attest to this

Complaint: [redacted] I am rejecting this response because:I don't accept the Company's response that the issue was resolved. I had requested for four things to happen in order to resolve my concerns: 1. For the cabinets to be delivered, 2. Final payment to be made by me only upon the delivery of the cabinets to my house and upon inspection by my contractor to validate that the order is complete and accurate; 3. Upon satisfaction of #2, a final payment from me will be made via the credit card that was used for the initial deposit; 4. Adherence to the terms of our contract rather than "company policy".I am grateful that I finally received my cabinet order albeit 4 months after the contractual delivery date however points 2, 3 and 4, above, were never addressed by Thurston. In order to have my cabinets delivered, I was required to make a cash payment and take title to the cabinets (and the risks that comes with transfer of title) before I was even able to inspect the cabinets and before they were delivered. This is the only way Thurston would deliver the cabinets. These payment terms were not in accordance with the contract that I had signed but I had already paid the Company over $11,000 in March of 2018 as a down payment and if I didn't succumb to the Company's demands to provide them a cash payment prior to delivery I would have risked losing out on my $11,000 deposit. Thurston required me to take on a significant amount of risk in order to have my cabinets delivered - risk that I would not have accepted if these unusual payment terms which the Company later claimed to be "Company policy" were included in the contract that I had signed with them. At this point, there is nothing Thurston can do to satisfy my compliant although I highly suggest they modify there contracts such that they align with their "Company Policy" so customers are aware of the actual terms which they will need to adhere to in order to receive their orders and understand the contract risk that they take on when working with this company. Sincerely, [redacted]

"As with any business dispute the events and timeline are generally in question from both perspectivesOne fact does not remain in dispute, that the parties met; solved their construction issues and questions with a qualified contractor and the product was orderedIt came into our warehouse and was held there pending payment, which was received, and the product was delivered to the home on November 8, per the contractor’s requestWe will be at the project as installation occurs to review installation procedures and completion of the project as we have for our years in the *** kitchen and bath industry."

[redacted] ordered cabinets from us based upon a custom design, developed by Thurston employee [redacted] on March 28, 2017. They had been in conversation on this project since 2013. [redacted]’s understanding was that with the placing of the order with Thurston, [redacted] was to secure the services of...

a licensed contractor to begin the construction phase of the project. While the design was established, renovation involving the removal of walls, movement of plumbing and electrical can and often does affect final dimensions of the project along with the design and sizing of cabinetry. We placed the order with the manufacturer, but were waiting for answers to questions to assure the project went smoothly. [redacted] informed [redacted] of this on April 27, 2017:   “In all my 35 years of doing this I have had a policy of not finalizing the order until at least the framing is in place.  This makes the success rate go up to 100 % if we all know how long, deep, tall and wide all of the things are that we are working with, and if there are going to be outlets, sheet metal, and/or plumbing that we have to deal with.  And yes, it makes sense to know all of the appliances, which I have ok'd at this time.”   Since [redacted] had not begun the process of renovation with a contractor relationship involving permitting, renovation design, plumbing, electrical, drywall, painting and finish carpentry, he requested that we terminate the agreement and refund his deposit money. [redacted] contacted management and reviewed the costs of the project developed to date along with any potential charges from the manufacturer for cancellation. Any of these charges would have been eligible for deduction against any credit/refund offered to [redacted]. Thurston was preparing to issue a credit back to [redacted].   After numerous phone conversations and emails, [redacted] asked [redacted] in an email dated June 13, 2017:   “Can you send me a list of what you would need done before you can place the cabinet orders…size and location of new windows, demo in and framing complete? Appliance sizes? Sink size?, etc.”   He had changed his mind about cancelling the order and wanted to proceed. [redacted] offered a comprehensive 14 point list of construction issues that would need to be addressed and confirmed in an email dated June 13, 2017.   On June 22, 2017 [redacted] was contacted, via email, by [redacted] of 10th Mountain Construction. [redacted] explained that he was contracted to perform the services of a general contractor on the [redacted] renovation. [redacted] and [redacted] met at the jobsite on June 23, 2017. At that time the process of construction design began and over the next 2-3 weeks all of [redacted]’s comprehensive 14 point list of construction issues, that needed to be addressed and confirmed, were answered. The process developed design changes, as [redacted] had predicted. The cabinet order was confirmed and the contractor proceeded with the renovation project.   The cabinets have been in our warehouse for a significant time. We have been waiting to deliver them based upon two factors:   1.      The contractor is not ready for delivery. As of October 23, 2017, the framing, plumbing, electrical work and sheet metal ventilation is nearing completion, but will require inspection prior to moving forward. Holding cabinetry in the warehouse prior to delivery to jobsite is common and contractors appreciate this service. It aids clients, in that cabinetry is not subjected to the dust and potential damage inherent in construction sites. 2.       Payment of $7517.28. Our long established policy allows for the payment of $10,000 per sales contract via credit card, the balance via check or other funds.   Thurston, via its representative [redacted], attempted to do our best for [redacted] in his pursuit of a beautiful remodel. Thurston always had the order in process with the manufacturer; our records will establish this fact.   Once [redacted] decided to proceed with the project, by securing the services of a licensed contractor for the remodel and address questions critical to his project, the project got underway. We have been ready to deliver the cabinets, but are unable to do so due to the two issues covered previously, which can be resolved. Our email communications with [redacted] will attest to this.

Complaint: [redacted]
I am rejecting this response because:I don't accept the Company's response that the issue was resolved.  I had requested for four things to happen in order to resolve my concerns: 1. For the cabinets to be delivered, 2. Final payment to be made by me only upon the delivery of the cabinets to my house and upon inspection by my contractor to validate that the order is complete and accurate; 3. Upon satisfaction of #2, a final payment from me will be made via the credit card that was used for the initial deposit; 4. Adherence to the terms of our contract rather than "company policy".I am grateful that I finally received my cabinet order albeit 4 months after the contractual delivery date however points 2, 3 and 4, above, were never addressed by Thurston.   In order to have my cabinets delivered, I was required to make a cash payment and take title to the cabinets (and the risks that comes with transfer of title) before I was even able to inspect the cabinets and before they were delivered. This is the only way Thurston would deliver the cabinets. These payment terms were not in accordance with the contract that I had signed but I had already paid the Company over $11,000 in March of 2018 as a down payment and if I didn't succumb to the Company's demands to provide them a cash payment prior to delivery I would have risked losing out on my $11,000 deposit.  Thurston required me to take on a significant amount of risk in order to have my cabinets delivered - risk that I would not have accepted if these unusual payment terms which the Company later claimed to be "Company policy" were included in the contract that I had signed with them.  At this point, there is nothing Thurston can do to satisfy my compliant although I highly suggest they modify there contracts such that they align with their "Company Policy" so customers are aware of the actual terms which they will need to adhere to in order to receive their orders and understand the contract risk that they take on when working with this company.  
Sincerely,
[redacted]