Company contracted to completed snow removal after 2" of snow has not lived up to contract expectations.
In the winter of 2015, ****** *** ******* Townhouse corporation contracted Snow & Ice Pros to plow parking lots after 1 1/2" of snow. The previous Board of Directors had to call Snow & Ice to come out for every snow storm, at times were charged a call out fee. Before the winter of 2016, contact was made with the owner of Snow & Ice and assurances were made that the same issues would not be had. ****** *** ******* contracted Snow & Ice pros to plow after 2" of snow. In the first snow of the winter of 2016, the plow never showed up after 3" of snow. After contact was made it was discovered that the plow driver had quit. The company eventually sent someone the following day after our maintenance person had plowed most of the lots. The 2016 snow season has seen very little snow, but when we have been about 2" of snow, the plows from Snow & Ice come to our lot about 6-7 hours after we receive 2" of snow, and after several phone calls to the company requesting them to come out. In the last snow storm we received 13" of snow. The first plow showed up 6 hours after snowfall (after around 6 inches of snow). The driver told our maintenance man that he would return multiple times throughout the night. The plow did not return until 12 hours later and another 8" of snow had fallen. There is a priority listed on the contract, and we are on the lowest priority, however we would expect that if a contract were to be signed for plowing after 2" of snow, we would see the company several more times in a 13" snowfall. I made e-mail contact with the company and was told that we were a low priority on the list and we could pay more money if we wanted to have more service. However after paying ****** and having plows come out 3-4 times we find the service to be unacceptable. It seems as if the company will plow our lots if they have time, not as we were under the belief of service after 2" of snowfall.
We are seeking a resolution of a partial refund due to lack of services. Considering the plows have come to our property around 3-4 times and should have been out 10 or more we find that the service is lacking. I understand some plowing has been completed, but there has been a lack of service for what we believed we were paying for. We feel like the company has taken advantage of us and comes to plow after other areas have been completed several times.
Apparently we've had some serious misunderstandings here. When we initiated discussions with the previous board President Sue Smoot in 2014, we explained how our priority service level works. We have four levels of service starting with the highest, a "no-snow" level that wants constant service, and ending with a the lowest level of service that wants to wait until at least 2" or more falls. We also offer a higher priority to clients that request de-icing or anti-icing services.
The first winter, ****** *** signed up for our second lowest level of service, a 1 1/2" or more accumulation level with no salting. This winter, they downgraded to our lowest level of service, a 2" or more level, with no salting. By doing so, ****** *** saved over ****** on the Fixed Budget Plan, and knew they were going to get less service. No one ever promised that during a 13" "State of Emergency" blizzard, they would be plowed 6 or 7 times. It is unrealistic to expect that.
During major storms we work around the clock trying to keep all of our clients happy. Sometimes we have to plow our way to our clients locations because the public roads are closed. Our drivers are meticulously routed based on several factors including agreed deadlines/opening times, whether the snow falls on a weekend, proximity to other clients, and their chosen level of service. Nobody ever promised that paying less would get them more.
As far as the extra charges mentioned in the complaint, that was a unique agreement we had with ***, the previous board president. Apparently your maintenance person has a tractor that he uses to clear snow from parking spaces of cars that left after we have completed our services. There was an agreed extra charge for coming back that we billed several times, and the previous board paid. This winter, no one ever called for that service, and it was never invoiced.
I understand cutting back on expenses. Times are tough, and everyone is trying to get by on less. I get it. This is not the first time a client has regretted choosing the Fixed Budget Plan instead of the Pay As You Go Plan because the weather did not work in their favor. Everyone has that choice at the beginning of the season, and there are no refunds if Mother Nature makes the other selection more favorable.
That being said, we did service ****** *** on March 3 when Crown Point recorded only .5" of snow to try to appease them. I heard from our driver that someone at the complex expressed their appreciation.
We will continue to service ****** *** until our contract expires on April 15, 2016 under the same terms and conditions that we have agreed.
(The consumer indicated he/she DID NOT accept the response from the business.)
While there seems to be a misunderstanding, it also seems as there is a breach of contract involved as well. As per the company's response "ending with a the lowest level of service that wants to wait until at least 2" or more falls", the company failed to comply with its own rules and contract. ****** *** ******* was under the understanding that after 2" of snow fell, we would be put in a list to be plowed. Understandably it would not be immediately, but one would assume that it would be a reasonable amount of time. Taking out the "major snow event", ****** *** village consistently had to call for service 6-7 hours after the snow event of 2" or more during the XXXX-XXXX snow season. To us, this is absolutely unacceptable and a breach of contract.
I spoke to the owner of the company after the 2014-2015 snow season and discussed the issues which were explained to me by the previous board president, *** ****** The owner told me that they fired the previous driver and we would not have the issues which were plaguing the previous snow season. Unfortunately, I took the owner's word and we were left with subpar service.
We did cut back on expenses last year, however the regret is that we chose a service which we did not receive what we had signed up to get. The problem is we assumed that the parking lots would be plowed within a reasonable amount of time after 2" of snow. We do not believe 6-7 hours after 2" of snow is a reasonable amount of time. It is unacceptable for a company to blame the consumer for 'regret' after choosing a service based on what the contract stated. Additionally, the plowing after the .5" of snow fall to "appease us" is a slap in the face to a paying consumer. It seems like as a consumer we are inconveniencing the company for doing what they were being paid to do. The praise given to the driver by our maintenance man was because we rarely saw the plow driver this year and thanked them for actually coming out.
****** *** ******* still would like a partial refund due to breach of contract and services.