MERRIAM MATERIALS CO INC

Description of Work: On April 16, 2009, my landscape specialist and I went to Merriam Materials to purchase some retaining wall blocks for my back yard to match those I had previously purchased from Merriam Materials three years earlier. We spoke with the company's owner, Larry A. Neal, and reminded him that a forklift had been used to move the materials from the truck to the worksite during the previous delivery of material, since my house sits back from the street and access is limited due to its location in a heavily wooded area. Mr. Neal didn't voice any concerns at that time regarding delivery so I agreed to purchase the additional materials and put the purchase on my personal Discover Card. When Mr. Neal arrived at my location on the following day to deliver the materials, he stated that he was unable to complete the delivery as requested. He stated that he no longer owned a forklift or truck small enough to get the materials back to the worksite as his company had been able to do previously. I asked Mr. Neal in the presence of my attorney - who was visiting my home at the time - if this meant that he was voiding the sale. Mr. Neal said,"Yes." Considering that the owner of the company had stated that the sale was void, I took him at his word and expected to see a refund of $1,430.72 on my Discover Card statement. When my next statement arrived, the $1,430.72 purchase was still on the card so I called Mr. Neal to confirm that he had refunded the money to my account. He stated that he had not refunded the money, and that he would not be refunding the money in the future, due to his company's no-refund policy. In the meantime, I contracted with another firm to provide the landscaping materials for my project. I now have no need for the retaining wall blocks from Merriam Materials.

Description of Work: NATURAL STONE FOR LANDSCAPING, INCLUDING A SMALL WALL AND SMALL FISH POND.