This Company breached Contract / Order agreement with Customer.
I originally had someone called ********** come and give me an estimate, and I called back after the Holidays to order the service. ********** left the company, and they said that they would send "***** ****", who is one of the owners for another estimate. ***** **** came over and gave me an estimate on a Central A/C from Amana, and I signed on the Order, and agreed on them coming to install the Unit on Wednesday, January 14th. I asked "*****" if he wanted me to give him payment at this time, and he responded:"we get full payment after install". My neighbor witnessed this as well. The next day; I received a call from ***** ****, and he said that his office Mgr "********" was demanding a deposit of $1,000. It was a shock, because I have done business with many other Contractors, and once a deal was agreed upon, that was it. ***** was apologetic and said that this particular office Mgr ************ very difficult, and they had lost many customers due to her. I explained that I would be happy to give him a Check for $500, and the balance when they get there on Wednesday. He said that he would call his Son (Owner) and ask him. ***** **** later left a Voicemail Message stating; "we are good, we will not need a deposit on your property, since we are so close to the instal date". I thought that was the end of it. The next day (1/9/15), I received a voicemail from a *********** asking me to call her back about this install. Immediately, she was very aggressive and cutting me off, and interrupting me. She continued to say; if you don't give me a deposit of $1,000, we will not do the instal. I explained to her that I had a voicemail from ***** ****, stating that he called his Son, and it was handled, due to the install coming up on Wednesday. She became even more agitated, and claimed; "I'm the boss here", and hung-up on me.
I called ***** ****, and he again apologized and said that this ********* was on a power-trip, and she thinks she runs the place". I asked if he could clear it up, and he then called me back and told me that he could not reason with her, and that I "had better find someone else". I explained; that a "deal is a deal", and we had a deal. He said that they lost a lot of business due to this ************ since she is the Owner's Wife, nobody can say anything to her. I again, agreed to give him a $500 Check, if that would get this done, but he said he couldn't. I called the Office, and told the receptionist that if I did not get my install as promised, that I was going to file a complaint with the BBB.
I am asking this company to do what we agree upon, which is install the Central A/C as we agreed upon, and signed-off on. I have the original sales order, and I also saved the voicemail from ***** **** on Jan. 8th. So this is a Breach of Contract, which is against the law. I also spoke to the original estimator *********** and he explained that this was an ongoing problem with *********** and this was one of the reasons, he had left the company.
We would be happy to install the system with a $500 non post dated check unfortunately a post dated check was all that was offered it is standard to get a deposit for a expensive project
I think the customers problem is with women in general he is unwilling to accept that a women has a position of power he insisnted on speaking with me which I called him right back and backed everything **** had told him but he didn't speak to me in the same manor he spoke to her
If you do like our policy then you are free to find another contractor to work for you I don't understand what the issue is here would you like me coordinate a install for you I am good friends with several other owners in the area
(The consumer indicated he/she DID NOT accept the response from the business.)
First: I have talked to more than 5 separate Air-Conditioning Companies; and not one has asked for a deposit, in-fact; they have warned me to put down a deposit, as they say; if any company asks for a deposit, they are probably fraudulent.
Second: Not one but 2 employees from this company; ****** (Former employee; who has sued the company for back-pay), and the Owner's father have told me that this *********** is very difficult to deal with, and that she thinks "she owns the company, which she does not". It it my honest opinion that *********** has issues with dealing with people, and is only hurting the reputation of the Company. Finally, there was never any discussion or anything written about a deposit on the paperwork, thus it is a "Breach of Contract", and I offered to give them a $500 deposit, which I am happy now they refused. Originally, I was not going to file a complaint with the State, but not I will make sure that I do. Thank you.
Final Business Response
I am not sure why Mr. ****** is complaining we did not perform any work for him and we do adhere to the 3 day right to cancel, which if he was not happy could do so .
We require as well as many other air conditioning companies do a deposit, this deposit protects the company from potential clients canceling at the last minute and leaving us with money we have already put out forth to start their install. Such as permit fees, fees for delivering the equipment , fees for restocking the equipment, etc. if the customer decides to cancel after we have already purchased the equipment and material. We do not carry every Make, and Model and Size of equipment at our office some of which are special ordered for certain jobs which is another reason why we require a deposit to confirm that the customer is serious and committed about our company doing the job. We have never had an issue or a complaint like this in the past, none of the customer we have done business for or have given estimates to have ever had a problem with giving a deposit.
As for Mr ****** having an issue with ******** she was only doing her job and he was not happy from the beginning about giving a deposit. We have has never had a complaint on ******** . I think it is attributed him engaging an ex employee who was recently terminated and who was bitter about the Company in the first place. Even with him getting in contact with an ex employee we still over looked that and was trying to resolve the situation because our goal is to provide satisfaction to our customer . We tried several times to resolve the situation and the only thing Mr. ****** was willing to do was provide an illegal posted dated check. Which in our office employees know that they are never to accept a post dated check. Unfortunately Mr. ****** was not happy with our companies polices and he threatened to file complaints with everyone.
We are willing to resolve this situation but our policies still stands.
Final Consumer Response
Don't use this company. This company's response is that they always ask for a deposit; not only is there NO mention of any deposit on any of the documents they gave me, but also their 2 representatives specifically told me the "payment is due upon completion". To go back and change or alter the deal made is un-business like and fraudulent. I also would like the BBB to know, I received a call from the Owner; ***** **** Junior, after I filed the complaint with the BBB; and I would characterize the call as a way of trying to intimidate me from withdrawing the complaint. I have filed a Police Report against the company, and have put a trespassing ******* against anyone from that company from coming on my property.