Response from Eco Select Windows, LLC
Consumer's Original Complaint : Eco Select windows has failed to meet obligations on several occassions. In an effort to make up for these failures, the owner of Eco Select, Kevin, offered a 10% discount. After even more failures of Eco Select to perform, I requested a contract amendment for the offered 10%. This was rejected by Kevin and he said that it was no longer an offer. Consumer's Desired Resolution: I would like Eco Select Windows to honor their offer for a 10% discount BBB Processing 08/07/2012 web BBB Complaint Received by BBB 08/08/2012 NSW BBB Pre-Call to Business Regarding Complaint Process 08/08/2012 NSW BBB Case Processed by BBB Operator 08/08/2012 Otto EMAIL Send acknowledgement to Consumer 08/08/2012 Otto EMAIL Inform Business of the Case 08/14/2012 NSW BBB RECEIVED BUSINESS RESPONSE : On April 11th, 2012 Eco Select Windows entered into a contract with the Member for the replacement of 10 Windows in their home. The next step in the process is to send our installers out for critical measure (our standard policy is within a week, we call and schedule). Due to the back order of windows at that point we were about 2 weeks out on critical measure. We received a message from the Member about critical and returned the call and set critical measure for April 28th. Saturday came and our installers were finishing a job, they unsuccessfully tried to contact the Member to reschedule the measure and Ron (Install Foreman) left a message stating the need to reschedule. After not hearing back from them, I called them to reschedule and they refused to allow us entry and wanted to cancel the contract. I informed the Member that, per our contract's cancellation policy, if he cancels after the 72 hours allowed by law, he forfeits the deposit and the balance would be immediately due. As compensation for his inconvenience we offered a 10% discount, but he declined and still wanted to cancel the contract, consequently the 10% discount was revoked. Then, Member contacted his credit card company and disputed the charges. We received notice about the dispute with the credit card company and forwarded the contracts and cancellation policy to my credit card company. A month later we still hadn't received any contact from either the credit card company or the Member so we sent out a letter of intent to lien the property. Less than a week later we received notice that the credit card company found in our favor and will release the funds September 6th 2012. The next day the Member called up and said he was ready to proceed with the project. We attempted to schedule the critical measure again. Then, the Member came up with a list of demands that included the 10% discount which had been rescinded as a result of his illegal actions. Subsequently, the Member has launched in a tirade of illegitimate attacks against our company. It is apparent that the Member has deep seeded anger issues and is not content with the reality that he created. It is our position to accept his cancellation and the balance of the contract is immediately due. If you have questions or require additional information, please contact me. 08/17/2012 NSW EMAIL Forward Business response to Consumer 08/20/2012 WEB BBB RECEIVED CONSUMER REBUTTAL : (The consumer indicated he/she DID NOT accept the response from the business.) The response from Eco Select has some errors in content and timeline. After the missed appointment for the critical measurements it was over a week before they tried to contact us again. Due to their lack of communication and responsiveness I was considering canceling the contract. When Eco Select did contact and offer the 10 % discount I asked Kevin what they would be willing to do to cancel the contract. Kevin said he needed to check with his business partner and he would get back to me next day. After three weeks went by with no contact from Eco Select I took action to protect my interests and reversed the AmEx charge. It was after this that Kevin called and said that they would only honor the cancelation clause per the contract. I do not wish to cancel and I would consider this complaint satisfied if the original offer for the 10% discount on the work being performed be honored. I would also accept a full refund of my deposit and cancelation of the contract in return for me removing the truthful accounts of this negative experience from the review sites on the Internet. 08/21/2012 NSW EMAIL Forward Consumer Rebuttal to Business 08/24/2012 WEB BBB RECEIVED FINAL RESPONSE FROM BUSINESS : the Members are under legal contract with Eco Select Windows. We have continued to attempt to honor our end of this agreement. the Member, in child-like fashion, has continued to denigrate our company on various web sites. He seems to be hung up on the 10% discount that was offered to him, as a result of a small delay in getting the critical measurements done. This discount was rescinded when he, in violation of our legal and binding agreement, put a hold on his down payment. On August 17, 2012 we had an appointment scheduled to do the critical measurements. The Members elected to, again, in child-like fashion, stand up our representative, and refused our entry to do the necessary measurements. We attempted to contact them several times and they refused to respond. The simple fact is, if it were not for these delays, the windows could have been manufactured and installed by now! This is our final offer: In one final effort to resolve this situation, we are willing to offer a 10% reduction on the remaining balance of $3,942.00, and, as such, reduce the amount owed by $394.20. We make this gesture of compromise, not because we are obligated, but to bring this issue to closure. Additionally, they must agree to remove all bad reviews from the web, as the information is completely inaccurate, and refrain from posting additional falsehoods. If they are unwilling to compromise, then we have no other recourse but to take legal action for the remaining balance, in full, and for damages and employees lost production, fuel costs, wages, etc. 08/24/2012 NSW EMAIL Forward Final Response to Consumer 08/27/2012 WEB BBB CONSUMER REJECTS BUSINESS' FINAL OFFER : (The consumer indicated he/she DID NOT accept the response from the business.) Once again Eco Select has miss stated the actual events. Kevin had called to inform me that he would not honor the 10% discount and to set a tentative appointment for September 17 and was waiting for my response to see if this time was acceptable. It was at that point I decided to open the BBB complaint and would wait to see if a resolution could be reached through the BBB before scheduling anything. The sub contractor called me a few days before the 17th and I informed him we were out of town and I would need to reschedule. No other attempts to contact me were made. We have a contract with Eco Select for installation of windows. The timing of the critical measure and installation will need to fit my schedule. Seeing that I am the customer this is not an unreassonable requirement. We will move forward with the contract as is and all of the negative reviews will be updated to reflect Eco Selects continued poor customer service related to the fact that Eco Select sets unconfirmed appointments and then threatens legal action when those appontments weren't confirmed and can't be kept. If Eco Select values their reputation and would like the negative reviews to be removed then I would accept $3000 of the $4000 deposit returned to me and cancelation of the contract. The fact that I am willing to give Eco Select $1000 to not do business with them should be an indication that I am not and will not be a happy customer. The fact of the matter is that Eco Select had several miss steps at the onset of this contract that were completely their own issues. Puting blame on the customer for being dissatisfied is an indication that Kevin does not value his customers and only values the contract, even at the cost of Eco Selects reputation. I will restate what I told Kevin before I began this complaint - 1 unhappy customer can hurt more than 100 happy cusotmers can help. 09/05/2012 NSW BBB BBB judged complaint addressed 09/05/2012 Otto EMAIL Inform Consumer - Case Closed AJR 09/05/2012 Otto EMAIL Inform Business - Case Closed AJR 09/05/2012 Otto BBB Case Closed AJR
