False, misleading or deceptive representations that the doors supplied and the installation of storm doors will be warrantied for life or 20 years.
On 16th May 2014, I entered into an agreement with Brock Doors & Windows Inc to purchase the following:
1. 36" Fiberglass Antique Mahogany finish door with composite frame, sidelight and 3/4" Amsterdam nickel caming
2. 32" Steel white paint door with 3/4" Amsterdam nickel caming
3. 32" Steel white paint door with internal grill.
4. 5'Patio door with 1/4" x 5/16" white internal grill
5. Storm door white glass and with hidden vent for steel door.
6. Storm door brown with glass for fiberglass door
On 16 May 2014 a sum of $ 1300.00 was paid by credit card for the above order.
On 26 August 2014 a sum of $ 10,000.00 was paid by check number 008 drawn on ***** ****, Canada for the above order.
The salesperson convinced me that I need to install the storm doors on both the fiberglass and steel doors to prevent it from the harsh Canadian weather and assured me that affixing the storm doors will in no way affect or void the manufacturer's warranty, which I later learnt was a false and/or misleading statement made by him.
On 25th and 26 August 2014 I informed the installer from BROCK that the Patio door has the wrong size grills and the front fiberglass door has buckled and the door sticks when it is closed. He assured me that someone will come from the manufacturer to my house and replace the Patio door take a look at the fiberglass door in 2 weeks as the door is not supposed to buckle.
On 1 December 2014, a service person from BROCK came to my home with a Service Ticket number XXXXX to stain the fiberglass door. He was completely unaware that the fiberglass door was buckled and thought that it was the manufacturer's responsibility to fix it. However he proceeded with pulling out hinges, hacked the fiberglass below the hinges, removed the original installed seals and beadings that hold the glass and wedged the door between the door frames to straighten out the door. This resulted in damaging the door and scratching the door in numerous places which was further made worse by dabbing stain on it which now gives the door an ugly patchy appearance. On the same day he removed the glass from the patio door and replaced it with a 1/4" trim glass. During this process the original seals on the glass was cut, the spacers discarded, trim damaged and a screw broken and the door left far from its original new condition.
On 5 December 2014, I called ******* regarding the fiberglass door and was informed that ******* has no record of BROCK informing them of the buckle in door and that if they would have been informed they would have sent someone from their organization to check the door out. Also since the work was done by BROCK without prior approval from *******, it is deemed as unauthorized tampering with the door that may have voided the warranty. ******* also informed me that if a storm door is installed on their fiberglass or steel doors the warranty on the door is immediately void. BROCK has installed the storm door in a deceptive and misleading manner without informing me of this stipulation or providing me with the manufactures warranty documents.
Interest will accrue on the amount of $11,300.00 paid to BROCK at the rate of 24% per annum from the date of payment to BROCK (26 August 2014) until the date all work is completed by BROCK to my satisfaction.
The following needs to provided/replaced by BROCK:
1.The fiberglass and steel door needs to be replaced due to damage caused during installation and repair, as well as the warranty becoming void because of the installation of the storm doors. Any repairs to these existing doors is not acceptable.
2.The two storm doors with locks, etc. need to be returned and my account credited for the amount.
3.The entire patio door is to be replaced as the wrong product was installed and the repairs are shoddy and not acceptable.
4.A detailed invoice listing each product (doors, windows, locks, etc.) with cost of each product needs to be provided immediately.
5.A copy of all warranties detailing the time covered for each product with serial numbers needs to be provided immediately.
6.Refund any amount that has been paid in excess and/or interest that has accrued (from date of payment until date of replacement of the doors) on all amounts paid to BROCK for purchase of door, windows, locks, etc.
Once satisfied and upon completion of all pending work for the doors, windows, shutters, locks, etc., and after receiving a detailed invoice with corresponding costs and all corresponding life time warranties in writing from the manufacturer for all products purchased from BROCK, I will make the full and final payment (if any) to BROCK for the balance amount due for doors, windows, etc. minus the cost of all products returned and minus the interest that has accrued on all amounts paid to BROCK.
This is written without waiver of or prejudice to my rights or remedies, all of which are expressly reserved.
Dear Mr. *****.
The following is written with respect to your desired resolution.
1. We are not aware of any damage to the fibreglass or steel doors. This is the 1st mention of damage, especially to the extent that a new door system is required. An inspection would be required to assess this and determine a resolution. Your fibreglass door is a door with 2 sidelights. During manufacturing the sidelights jambs were bowed in slightly. The solution to this is to remove the glass stops thus freeing the glass from the frame and allowing the sidelight frame to be straightened and eliminate the slight bow. This in no way voids your warranty. With respect to your storm door, there are specific conditions in which a storm door may generate excess heat and cause damage to the entry door system. The manufacturers warranty reads "Dark colour doors combined with the use of a storm door or unusually heavy exposure to sunlight must be avoided as this may cause paint peeling and failure of the glass lite frame." Your warranty is not void because of the addition of the storm door.
2. As a show of good customer service and in an effort to resolve things, we will agree to take the storm doors back and credit the amount you paid for them back to you.
3. The patio door system had the incorrect size of internal grills. The sealed units were changed with ones containing the correct grills according to the manufacturers specification. There is no problem in doing so and in no way affects your warranty. I fail to see how this make the installation shoddy and as this is the 1st mention of an installation issue we would require further inspection before we can address this with you.
4. A more detailed invoice can be prepared for you.
5. A copy of all warranties can be provided to you. Please be aware that you have products installed in which you have indicated no issues with and yet have not paid. Contractually you are obligated to pay in full before any service will be performed. As you have noted we have been to your house on several occasions even though you have not paid for your product.
6. As you have not paid for your products in full there is no interest to be paid back to you. As I'm sure you are aware we can charge you interest on the balance outstanding but have not done so in an effort to maintain positive customer relations.
We are disappointed that you feel you have not had the positive customer experience you would like and will continue to try and work with you to resolve your issues.
(The consumer indicated he/she DID NOT accept the response from the business.)
1. Your statement that you were not aware of the damage to the fiberglass door or other doors is false. I had reported the damage to your installer on the day of installation and to your office immediately after installation via phone and further followed-up via phone with your office on numerous occasions thereafter. The doors ware also inspected and the damage confirmed by your service manager. Please refer to my letter dated 8Dec2014 addressed to Mr. ***** for details.
2. Your statement that the fiberglass door jambs were bowed in slightly from the manufacturer is false. On inspection of the door by your installer and me prior to installation, there was no buckle/bow or damage on it. The door buckled only during/after installation and was most likely due to improper or faulty installation and was extensively damaged after your shoddy repairs.
3. Your statement that the manufacturer's (*******) warranty is valid is false, misleading and a deceptive representation. Please refer to the manufacturers warranty at http://*******.com/warranty-2/ which states that their warranty is void if:
a. "Damage or malfunction caused by improper handling or installation."
b. "All door systems with storm doors installed will null and void this warranty; due to excessive heat build-up."
4. Please note, as per the purchase agreement dated 16May2014 with BROCK, the one Fiberglass door and two steel doors ordered and priced for were from the manufacturer "******** ******". I never ordered or consented to the installation of doors that are manufactured by *******. The supply/installation of unsolicited goods (i.e. doors manufactured by *******) by you is not acceptable by me. As per the laws governing the province of Ontario, I am not required to pay for any unsolicited goods supplied and/or installed by you at my premises. Any demand for payment by you for the above said doors is illegal and I demand that all payment made to you for the aforesaid doors be immediately refunded to me with interest.
5. I had ordered the patio door with a specific size grill. As acknowledged by you, the wrong door was installed by BROCK and you were duly informed of the same. The installation of the wrong doors is either BROCK's or the manufacturer's mistake. At the time of installation and via phone with your service department, it was explicitly agreed by BROCK that the entire door will be replaced. The replacement of the glass panels is not acceptable and this was clearly mentioned to the installer on the day of installation and thereafter to your service department personnel. The only acceptable resolution is to replace the entire patio door (brick to brick).
6. Please prepare and submit a detailed invoice to me for each product purchased with corresponding costs, description of each product in detail with corresponding serial numbers, the manufacturer's name and contact information and the duration of warranty for each product in writing. The certificate of warranty for each product must be signed and dated by the manufacturer and must clearly state that the said product has a lifetime warranty. Please note as discussed and confirmed by your sales person Mr. *****, all products purchased from you were stated to have a lifetime transferable warranty.
7. As agreed with your salesperson Mr. *****, and as documented in my email to him dated 17Sep2014 any balance will only be paid after the entire order, both for doors and windows is completely executed to my satisfaction. As such no payment is due to you now.
8. You have stated you have been to my house on several occasions; this is because you have failed to supply the correct products, failed to supply them on time or have come to rectify defects in the products or its installation.
9. Interest at the rate of 24 per annum will accrue on all amounts paid to BROCK from the date of payment until the day of completion of the entire order to my satisfaction or receipt of refund of the entire amount paid to you with interest and costs.
10. BROCK has/is resorting to false, misleading or deceptive representation, has provided unsolicited goods and service, damaged the products during installation, caused unreasonable delays of many months in executing the contract, and caused me great mental anguish and financial burden for a prolonged period of time. BROCK is hereby required to do the following within 10 days.
a) The amount for the 2 storm doors and any costs of hardware such as locks, etc. be credited to my account.
b) The one fiberglass door and the two steel doors that are installed at my home and that are manufactured by ******* need to be replaced by doors manufactured by ******** ******.
c) The entire patio door needs to be replaced.
d) The window shutters need to be installed.
e) A detailed invoice as mentioned above needs to be provided.
f) All warranties with details as mentioned above needs to be provided.
11. Failure to replace the doors and install the window shutters within the above stipulated time, will construe that BROCK is not interested in resolving this issue and has relinquished all rights to any and all products/goods installed at my house and BROCK will be required to immediately refund me the entire amount of $12,600 paid to BROCK with interest and costs.
12. This reply is written without waiver of or prejudice to my rights or remedies, all of which are expressly reserved.
Final Business Response
Thank you for the photos. The "damage" shown is wood filler applied to 1 or 2 glazing stops and 1 piece of burlap. Although these could probably be touched up, I would be happy to replace them. The mark by the hinge can be touched up.
With respect to the warranty, ******* would have no problem in supplying something in writing indicating your warranty is not void on your doors.
Further to your comments regarding ******* vs ******** *****, please refer to Section 13 in the terms and conditions on the reverse of your contract. The Company reserves the right, at its discretion, to substitute products or materials of equal or greater value in order to complete the installation in a satisfactory and timely manner.
I believe we have been very accommodating in dealing with the issues you have raised and have addressed all of them.
- Your warranty is not void
- The "damage" to the fibreglass door is filler and could be touched up, but I will replace the glazing stops and burlap for you.
- You have not substantiated your claim that the other doors need to be replaced aside from the warranty which is not void.
- I have provided the door warranty info
- I am willing to take the storm doors back and credit you
- The patio door glass can be changed and we will do so by exchange the complete sashes, not just the glass
- I am willing to provide window warranty information
- I am willing to provide a detailed listing of the products you purchased
Your demands for replacement and your reasoning for withholding a large sum of money is unrealistic. We would like nothing more than to take care of your outstanding issues and have been trying to do so for some time prior to your filing with BBB. Please be advised that if we are not able to come to a resolve we will have no other option but to turn this file over to our legal counsel to seek compensation.
Final Consumer Response
(The consumer indicated he/she DID NOT accept the response from the business.)
Please note: BROCK's statement that "The Company reserves the right, at its discretion, to substitute products or materials of equal or greater value in order to complete the installation in a satisfactory and timely manner" is not applicable to my purchase of ******** ***** doors. However, in the interest of getting the matter resolved amicably, BROCK's offer in the replies to BBB are acceptable upon the following conditions:
Since the order was placed for ******** ***** doors, but ******* doors were installed, BROCK will provide detailed description, price, warranties and maintenance schedules, etc. for the fiberglass and steel doors from the manufacture's of ******** ***** doors and ******* doors that is signed and dated by the manufacturer's senior executive on their respective letterheads to determine if the ******* doors are equal to or superior to the ******** *****s doors.
BROCK will arrange for a representative from ******* to come to my house, assess the damage to the fiberglass and steel doors and provide in writing the details of the damage caused during installation and/or repairs to the doors and state how the doors will be repaired to its original factory finish. If the doors cannot be restored to its original factory finish, the doors are to be replaced brick to brick. If the doors are to be repaired and the storm doors removed, a senior representative from ******* needs to clearly state in writing how these repairs and removal of the storm doors will affect the manufacturer's warranty.
As proposed by BROCK for the ***** **** patio door, you will remove the existing sashes containing the incorrect grills and install new sashes containing the correct grills. Essentially everything will be changed but the frame which is secured to the wall and the door will be restored to its original factory finish.
BROCK will provide a detailed invoice including the cost, order number, name of the manufacturers, serial numbers, with detailed description of each product purchased with their corresponding warranties.
BROCK will provide details of all products being returned (such as storm doors, hardware, etc.) to them and list the amount credited to my account for each product.
Payments will be made after receiving all documents/warranties, upon completion of all work for the doors and windows to my satisfaction and after deducting all amounts due to me from BROCK.
This reply is written without waiver of or prejudice to my rights or remedies, all of which are expressly reserved.