Dickson Brothers Inc. sold me 6 polished brass escutcheons that were defective. They have refused to supply a new set of escutcheons.
I purchased 6 polished brass escutcheons assemblies (part No. HZ-XX-XXX-XXXX) from Dickson Brothers Inc. on 27 March 2015. The escutcheons were installed in an acrylic garden tub. The polished brass coating started to flake off exposing an underlying polished chrome surface. I took one into Dickson Brothers and made Mr. Patrick Obriant aware of the problem. The item is under a 1-year warranty.
Mr. Obriant contacted their distributor and got them to replace the escutcheons. I received the replacements on 6 June 2015. I noticed a different problem with the new set of escutcheons shortly after installation. The exposed plates surrounding the water jets were displaying a mottled appearance.
I took one of the escutcheons back on 16 July 2015 and discussed the problem with John (?) the sales manager. He took a photograph of the escutcheon and gave it to Mr. Obriant. Mr. Obriant called me on 23 July 2015 and told me that he had discussed the problem with their distributor and that the escutcheons would not be replaced because they had been damage by an abrasive or a harsh cleaner that had been used by me.
These escutcheons were installed in an acrylic garden tub. They were exposed to bubble bath, shampoo and hand soap. No abrasives or a harsh cleaners were used to clean them.
I asked Mr. Obriant to give me the name of their supplier and the contact at that company so that I could follow up on the problem. He told me that the escutcheons were purchased from Balboa Water Group located in Tustin, CA (Susan XXX-XXX-XXXX ext. 6280). I called Susan and she checked for the order and informed me that the items had not been purchased from Balboa Water Group. I called Mr. Obriant to get the correct name of their supplier. He refused to give me that information.
The product sold to me was defective.
The product sold to me was defective. I am asking that Dickson Brother Inc. reimburse me for the cost of the escutcheons and all shipping charges.
Thank you for the opportunity to re-state information that has already been discussed with Mr. *********. He purchased 6 escutcheon assemblies from Dickson Bros. on March 27, 2015. This was a special order. We do not provide refunds on special orders and the customer signed an acknowledgment of this on the invoice when he paid for the product up front. Please see attached invoice with customer's signature.
When the customer first brought the escutcheon back to the store to show the problem with the escutcheon, we contacted the distributor from which we purchased the escutcheons for the customer. The distributor looked at the problem and determined that it was not a manufacturer's defect and was not a warrantable condition. However, as a favor to Dickson Bros. in giving the best service possible service to our customers, the distributor agreed to replace them even though they were not covered by the warranty.
The second time the customer brought the escutcheon in, the distributor looked at the photo of the escutcheon and determined again that the problem was not a warrantable condition. The problem was not with the escutcheon but was with what the customer was doing with them. From the photo, it's clear the customer (or someone at his location) is using an abrasive or chemical that is causing the problem. Therefore, the distributor said that the parts were not covered under the warranty and that they would not provide replacement parts yet again. The distributor does not warranty for abuse, only for manufacturer defects. The problem is not from a defect, but from abuse or mistreatment of the product.
The customer states that the only thing the escutcheons were exposed to was bubble bath, shampoo and hand soap and that no abrasives or harsh cleaners were used to clean them. However, it is clear from the photos of the escutcheons he brought in to Dickson Bros. that the escutcheon is scratched significantly. Only an abrasive could have caused this. Please see attached photos of the escutcheon the customer brought in.
When we informed the customer that the escutcheons would not be replaced a second time because the problem was from misuse, not a manufacturing defect and that the manufacturer's warranty did not cover misuse of the product, he was not satisfied. The customer then asked for the contact information of the manufacturer, which is Balboa Water Group. However, Balboa sells through distributors. As a company policy, we do not provide information on our suppliers, as they do not deal with the public. Balboa would not have information on the purchase of the escutcheons. If the customer had simply asked the manufacturer for a second opinion on the problem with his escutcheons, Balboa would have likely looked at the photos of them and determined there was abuse and that it was not a manufacturing defect, just as the distributor determined from their vast experience with this product.
Our distributor has also written a letter explaining the problem with the product and the cause of such problem. Please see attached letter from the distributor.
In conclusion, the customer purchased a custom product for which no refunds are provided and he agreed to such when he purchased them. The product is warrantied for manufacturer defects only. The customer, or someone at his location caused the problem with the product through using an abrasive or chemical on them that caused the significant scratches and damage to the product. Instead of taking accountability for his actions, the customer would rather blame Dickson Brothers for a non-existent defect. The problem with the product is not covered by the warranty because it is not caused by a manufacturer's defect. As a result, Dickson Bros. does not owe a refund or a replacement of the parts to the customer. Copies of purchase invoices, product pictures and supplier email communication is attached.
(The consumer indicated he/she DID NOT accept the response from the business.)
I disagree with Dickson Bros. response and contention that the polished brass escutcheon assemblies purchased by me were damaged through the use of harsh cleaning solutions, abrasives or scrubbing. I also disagree with the contention made by Horizon Spa & Pool Parts, Inc., Sales and Customer Service Team Lead, Mr. Bruce Johnson that the escutcheons may have been damaged by "water chemistry." I again restate that the escutcheons are installed in an acrylic garden tub where bubble bath, shampoo and hand soap were the only product used.
I'm sure that Dickson Bros. and Horizon Spa & Pool Parts know you do not use harsh cleaning solutions, abrasives or scrubbing to clean an acrylic bath tub. This garden tub was installed in 1987. The original polished brass escutcheons still had their shiny polished brass finish after almost 30 years of use. The only reason that I decided to replace them was because they had some calcium buildup and we were preparing to sell our home. This proved to be a mistake because of the shoddy product sold to me by Dickson Bros. and purchased by them from Horizon Spa & Pool Parts, Inc.
I had Dickson Bros. test a sample of the potable water used to fill the bath tub. The chemistry came back as normal drinking water. These results negate the contention by Mr. Bruce Johnson that water chemistry could be the issue.
The polished brass escutcheon assemblies consist of two main polished brass parts. The surface of the escutcheon plates shown in Dickson Bros. photos are the part that shows damage. They do not show scratching. Their surfaces appear either mottled or there are areas where the brass plating has sluffed off to expose a polished chrome finish. Surprisingly the polished brass jets show no damage. I would think that these parts would also show some evidence of damage caused by use of harsh cleaning solutions, abrasives or scrubbing.
I will not tolerate Dickson Brothers' accusation that "The customer, or someone at his location caused the problem with the product through using an abrasive or chemical on them that caused the significant scratches and damage to the product. Instead of taking accountability for his actions, the customer would rather blame Dickson Brothers for a non-existent defect." The defect is not "...a non-existent defect." The product supplied by Dickson Bros. is of sub par quality and is defective.
Two sets of 6 polished brass escutcheon assemblies showed signs of damage within months of purchase and installation. This is unacceptable. The product sold by Dickson Bros. is of poor quality and workmanship, and should be either replaced under the 1 year warranty or all monies paid by me, including shipping costs, should be refunded immediately. I do not plan on going through an accusatory back-and-forth with Dickson Bros. on this issue. I will pursue other actions if this matter is not resolved to my complete satisfaction through arbitration.
Final Business Response
In light of Mr. *********'s response, I have been in contact again with both our distributor and also Susan at Balboa, the manufacturer, with whom Mr. ********* has also spoken. They still maintain that from the pictures, the nozzles appear to be failing due to abuse, but are willing to take a look at the actual nozzles, rather than just a picture. This is a quote from Susan's email "Whoever has the parts will send them back at their expense (normal procedure). We will determine once received if it is our quality or if the end user mistreated the part. If it is our quality then we will replace and ship back at no charge. If it is end user abuse, then no replacement, no credit. Thanks! Susan DeLair, Customer Service, Balboa Water Group."
Balboa, like Dickson Brothers, has been in business for many years, providing quality products. If Mr. ********* agrees, he can bring the nozzles to us, we will return them to the manufacturer for final determination. This is more than fair.
Thank you, Mary
Final Consumer Response
(The consumer indicated he/she DID NOT accept the response from the business.)
I appreciate that Dickson Bros, Balboa Water Group and Horizon Spa & Pool Parts are trying to resolve the defective product issue. Their proposed resolution, however, is unacceptable.
I would like the representatives of these companies to explain to me why I would:
1. install the new escutcheon assemblies,
2. proceed to damage their surfaces, according to the seller and supplier, by using "...an abrasive or chemical ..." in an acrylic tub,
3. remove the defective escutcheon assemblies and replace them with the a new set provided through Dickson Bros, and
4. then again proceed to damage their surfaces by using "...an abrasive or chemical ..."
Does this make sense?
I believe that the seller or supplier can only provide a reasonable interpretation of the cause of the problem by seeing the garden tub with its installed polished brass fixtures. I am willing to meet in my home and show them the acrylic tub and fixtures.
I still maintain that the two sets of 6 polished brass escutcheon were defective. They showed signs of damage shortly after purchase, installation and normal use in a bath tub. This is unacceptable. The product sold by Dickson Bros and supplied by Horizon Spa & Pool Parts is of poor quality and workmanship, and should be either replaced under the 1 year warranty or all monies paid by me, including shipping costs, should be refunded immediately. I will pursue other actions if this matter is not resolved to my complete satisfaction.