Response from Mammoth Tree & Landscaping LLC
On November 30th 2012 Member of 3218 W. Liberty Tree Ln. Tucson, AZ 85741 contacted us, AAA Mammoth Tree & Landscaping LLC, by phone to receive a free proposal/estimate for the removal of two eucalyptus trees. The day and time was agreed to for the free proposal that was set on December 2nd 2012 at 1:00pm. On arrival to Member residents she and her female partner discussed about the removal of the two eucalyptus trees in their front yard and also the possible removal of one Palo Verde tree in the back yard. We also discussed in the manner of how the two eucalyptus trees would be taken down. Member and her partner talk between themselves as I went to my vehicle and type out and printed from the company computer and printer, which are installed in the vehicle, a proposal that I handed to her. All our proposals and invoices are computer generated. She told me that they would look at the proposal and think about it. I said have a nice day and went on my way. On the morning of December 3rd 2012 Member of 3218 W. Liberty Tree Ln. Tucson, AZ 85741 called AAA Mammoth Tree & Landscaping LLC and stated that they would like to hire AAA Mammoth Tree & Landscaping LLC to remove the two eucalyptus trees from their front yard. She mentioned that she could see that there was no set date on the proposal to when the work would be done. I mentioned to her that we could not put that proposal/contract on our calendar for work to be performed until she signs and dates the bottom of the proposal. In doing so the proposal becomes a contract, which is not in small print and is below for an example: ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. AAA Mammoth Tree & Landscaping LLC is authorized to do the work as specified. I accepted this as a legal and binding contract. If for any reason I cannot or will not have the work performed on the schedule date, I know I have 48 hours to re-schedule for the work to be completed within 30 days or I will be billed for 50% of the proposal. Date: _____________________________________________________ Signature: ______________________________________________________ Member told me that she signed and dated the proposal but did not have a copier/scanner to scan and email the signed document. I told her that she could mail us the signed contract and a pond receiving the contract we could set a date on the calendar. Member told me she would mail the contract that day. In which we did receive the contract the following day, Tuesday December 4th 2012. Member called us on December 4th to confirm that we did receive the contract and to set a date to perform the work with-in the contract. Lori Hanson was animate about having the work done on that upcoming Monday the 10th of December 2012 because her partner has to work nights but does not have to work the night of the 10th of December and there won’t be another non-work night for her for some time. I told her that there were contracts ahead of hers and that we already have a client booked on December 10th 2012. She did ask if we could fit her in on that Monday, December 10th 2012, if we finished the other job early enough. I told her that we would not be able to do that but I could ask the other client if I could reschedule their contract for a latter date. She responded with “Ok, called me back when you get an answer.” Now this is where she could have just told us that if we couldn’t guarantee the 10th of December that she would look for another company that could do the work on the 10th of December and I would have agreed to void the contract. Instead she said nothing and I called my other client but had to leave a voicemail message because there was no answer, which was on Tuesday the December 4th 2012. The other client got hold of me and agreed to reschedule, after giving them a discount on their contract, that was late afternoon on 6th of December. On the following day Friday the 7th of December my secretary called Member but could not get hold of her. Saturday the 8th of December we worked a few jobs that lasted all day. On Sunday the 9th of December I was doing proposals, free estimates, when I called Lori Hanson at about noon, to assure her that everything was on track as she had asked for. When talking to her about arriving the next day, Monday the 10th of December, she informed me, in a very polite way, that she already had signed with another company to remove the two eucalyptus trees but will let our company do other work around the property as a conciliation. I reminded her of the legal and binding contract she had signed, dated, and mailed to us. She said that the owner of the other company, Patricia of Arizona Cactus and Tree, told her that if Member did not put down a deposit on the contact with us, AAA Mammoth Tree & Landscaping LLC, then it is not a valid contract. Which is a complete lie but hearing that from Patricia of Arizona Cactus and Tree and that they would do the work on Lori Hanson schedule, Member signed a contract with them and gave a deposit of $500.00, this transpired on 5th of December 2012. I did tell her that this is a breach of contract and that we could sue her for it. I also told her that she might want to contact Patricia of Arizona Cactus and Tree about this. At this point she get very upset at the point that she put down a non-refundable deposit with Patricia of Arizona Cactus and Tree and that she also had a legal and binding contract with us, AAA Mammoth Tree & Landscaping LLC. The result of this situation all happened because Member in less than 24 hours, called Patricia of Arizona Cactus and Tree because I could not confirm that we could set a date of 10th of December 2012 to do the work. Now, I just spoke to Member on the 4th of December that I would call my other client to see if they wouldn’t mind if I rescheduled their work. I could get hold of the other client on the 4th of December but did leave a message. What more could Member believe I should have done, called my other client and tell them that they were rescheduled so Member could have her work done? At this point of the phone conversation I also got upset with these facts: • 1st that Member has no regard to a sign contract. • 2nd that Member did not even bother to contact us that she is going to look for another company that could give her a guarantee to do the work on the 10th of December 2012. • 3rd that Patricia of Arizona Cactus and Tree would play off Member urge to have a guarantee work date of December 10th. • 4th that Patricia of Arizona Cactus and Tree lie to the Member, that if she didn’t put a deposit on the signed contract with AAA Mammoth Tree & Landscaping LLC then it is not a valid contract. • 5th that Patricia of Arizona Cactus and Tree got a deposit off Member so she could not back out of the contract signed with them. * Better Business Bureau complaint against Patricia of Arizona Cactus and Tree unethical business practices. I decided to call Patricia of Arizona Cactus and Tree to see if she knew that Member already had signed a contract with AAA Mammoth Tree & Landscaping LLC and did she tell Member that if she did not put a deposit along with the contract that the contract with AAA Mammoth Tree & Landscaping LLC is not valid. When I got hold of Patricia of Arizona Cactus and Tree on 9th of December 2012, she did confirm Member statements and Patricia said that any contract without a deposit is not a valid contract. Well I told her how wrong she is and that she has and is doing unethical business practices and possible liable lawsuits may ensue. Now let’s go over Member negative review: Member I called Mammoth Tree and Landscaping and the owner Daniel Valenzuela arrived. AAA Mammoth Tree & Landscaping LLC True. Member Our first impression of Daniel was good. He looked professional and clean cut. AAA Mammoth Tree & Landscaping LLC True. Member We asked for an estimate to have our trees removed and he wrote us an estimate on a piece of paper. AAA Mammoth Tree & Landscaping LLC True. They did ask for an estimate. Not True. We only do computer-generated proposals/estimates. We do not do hand written estimates. Member However after that meeting things very quickly turned from sour to downright ugly with Mr. Valenzuela. AAA Mammoth Tree & Landscaping LLC Not True. All who contact AAA Mammoth Tree & Landscaping LLC are treated with courtesy and professionalism. Member We called him and wanted to have the trees taken care of as soon as possible for our own personal health reasons and was told sarcastically by Mr. Valenzuela they are fully booked and his workers have thier own schedules as well as us. AAA Mammoth Tree & Landscaping LLC Not True. She said it was because her partner has to work nights but does not have to work the night of the 10th of December and there won’t be another non-work night for her for some time. Not True. I do not talk to client sarcastically, I talk to clients only with courtesy and professionalism. True. We were already book for the date she wanted. Not True. I have no idea what she means by workers having their own schedules. Member We did not hear from him after calling him several times during a weeks time. AAA Mammoth Tree & Landscaping LLC Not True. We call Member on 7th of December to tell her we were able to accommodate her schedule. Now she did not call us after the 4th of December 2012 and we called her again on the 9th of December. Remember she wanted the work done on the 10th of December 2012, and that is less than a week from the time that we talk on the Tuesday 4th of December to the time we talked on 9th of December. Member So we contacted another landscaping service company and had scheduled with the other company to have our trees removed. AAA Mammoth Tree & Landscaping LLC True. But she did not call us to tell us that she was going to look for another company that could guarantee her that they could do the work on 10th of December, because she knew she already signed a contract with us. Member Well out of no where Mr. Valenzuela calls us the night before we are to have our trees removed and we politely let him know we have hired another company for the job as he was unreachable and Mr. Valenzuela told us that (the estimate he wrote) was a contract and that he and his team were going to come on our property whether we agreed to this or not and remove our trees tomorrow as this was his job or he'll sue us. AAA Mammoth Tree & Landscaping LLC Not True. We called Member on Friday the 7th of December with no answer and again on Sunday the 9th of December at noon. True. She did state that they signed a contract with another company. This was the first time we hear of this from Member. Not True. We can be reach from 7am to 5pm and we have a 24 hours emergency service. True. A pond signing and dating a proposal/estimate it now becomes a legal and binding document/contract. True. We were scheduled to the work on the contract 10th of December 2012. True. I did tell her that she could be sued for breach of contract. Member Do not even look at this company. This is an unethical outfit to put it mildly. Stay away from Daniel Valenzuela. AAA Mammoth Tree & Landscaping LLC Not True. We have an A+ rating with the Better Business Bureau and we also have plenty of reviews on our website, clients that you may call for yourself. This not to say we haven’t had any issues. We have had issues but they are far and few in-between. We correct the any problems that may arise or come to a satisfactory solution to the issue. I believe that the negative review from Member her way of lashing out to which, is the result of her facing a possible lawsuit and that she may still be getting erroneous advice from Patricia of Arizona Cactus and Tree which, has been a grave error on Member’s part.
