Complaints

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• Initial Complaint

  Date:05/28/2024

  Type:Order Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  Our irrigation system was not properly winterized and/or maintained per our contract with REMOVED. Therefore or Backflow assembly was irreparably damaged and had to be replaced. We are asking REMOVEDrefund $652 to reimburse us for the repair and labor costs.

  Customer Answer

  Date: 05/31/2024

  We would like a refund in the amount of $475 for irrigation services that were not completed according to the contract. 

  Business Response

  Date: 06/11/2024

  Concerning Customer Contract Issue
  
  
  Irrigation system
  was properly winterized on 11/03/23
  
  
  This process
  involves the following:
  1) turning off the
  water supply
  2) draining /
  removing the backflow preventer
  3) blow out the
  irrigation system
  4) storage of
  backflow device (in our warehouse these devices are labeled by
  Customer name and stored in bubble wrap) *assembly was working
  properly at time of removal.
  
  
  We did not renew
  customer contract due to slow pay / no pay status.
  They declined to put
  a credit card on file to maintain current on account.
  Their final invoice
  (01/31/24) had to be sent to collections for payment.
  
  
  We normally begin
  turning Irrigation systems back on during the month of April after
  the temperatures have consistently been above freezing temperatures.
  
  
  Current Irrigation
  System Maintenance customers are routed for “turn on” first and
  in order of proximity / location.
  
  
  This customer did
  not pay their final invoice until 04/16/24 after collections had to
  get involved..
  
  
  The customer emailed
  on 04/16/24 requesting the following:
  “return our
  Backflow assembly as soon as possible as we need to complete our
  Backflow testing.”
  
  
  REMOVEDclearly they
  understood that the parts were removed during the winterization of
  the backflow that was done on 11/3/23
  
  
  The backflow
  assembly was returned on 04/18/24, technician noticed a cracked 90
  degree pipe fitting upon arrival (this part is less than $5 dollars)
  *see photo*
  The system was not turned back on due to cracked 90 degree fitting
  The irrigation system was not restarted.
  No further services were required (*assembly was working properly at
  time of removal).
  
  
  Customer emailed
  again on 04/24/24 the following:
  “This
  is now our third request to return our property so that we can
  dewinterize our irrigation complete our required Backflow testing. The backflow assembly needs to be returned by the end
  of the day tomorrow.”
  
  
  They were informed
  that the parts had already been returned on 04/18/24 and informed of
  the cracked 90 degree fitting that could be fixed for less than $5
  dollars.
  
  
  Customer had the
  backflow test performed and chose to replace the
  entire backflow instead of just fixing the 90 degree fitting where it connects to the device above ground 5 feet from the road.
  
  
  We will not pay for
  services that the customer claims were not performed nor for work we
  did not request that was absolutely unnecessary.

  Customer Answer

  Date: 06/26/2024

  Dear BBB,
  
  I am writing to address and refute the recent statements made by REMOVEDregarding the maintenance of our irrigation system.
  
  Firstly, contrary to REMOVED’s claims, it was I, REMOVEDwho cancelled the contract immediately after the January service due to dissatisfaction with the lack of services provided. The crew was at our home for less than an hour, despite REMOVED’s assertion otherwise. Please see the attached photo showing an email exchange regarding the final invoice after we cancelled the contract. as evidence of US cancelling services, not REMOVEDhe stated. Clearly, the services provided were inadequate for the amount charged. Just because REMOVEDclaims services provided, all of the evidence suggests otherwise, and consumers deserve protection against such businesses. 
  
  REMOVEDhas been paid in full according to the contract, but they have failed to provide services as agreed, thus breaching the contract. We have additional evidence, including photographs, showing that the system was not properly winterized. The photo clearly shows a break in the irrigation line due to water left in the line, which froze and caused damage. This is further supported by assessments from three independent irrigation experts. Yes, I did write an email requesting the backflow assembly be returned because I ASSUMED that they had performed the services. I didn't even know where the assembly was located until Mr. REMOVEDshowed me when he was going over the damage with me. 
  
  Regarding the issue with the backflow assembly, Mr. REMOVEDattempted a less expensive fix, which failed. This led to a complete replacement of the assembly. REMOVEDis now attempting to deflect responsibility for their failure to properly winterize and maintain our irrigation system. Please see the text exchange along with photos taken by Mr. REMOVED.
  
  We are requesting a refund of $495 for the portion of the irrigation contract related to the winterization service that was not properly performed. We urge the Better Business Bureau to contact Mr. REMOVEDat REMOVEDfor an independent confirmation of these facts.
  
  It is unfortunate that REMOVEDis unwilling to acknowledge their mistake and is instead trying to mislead and bully their customers. We hope for a fair resolution to this issue.
  
  Sincerely,
  
  REMOVED

  Business Response

  Date: 07/03/2024

  We
  at the W. D. Scott Company Inc. pride ourselves on excellent customer
  service. Regardless of whether the customer receives monthly lawn
  applications, full service lawn care, general maintenance, irrigation
  system maintenance or a full landscape installation, we treat every
  customer the same and respond quickly to their needs and concerns.
  We have been in business for 36 years performing landscape and
  irrigation design, installation and maintenance. We are properly
  licensed and insured to perform all of our offerings.
  We
  did not get to where we are today by “bullying” our customers or
  not “acknowledging our mistakes.”
  
  
  We
  have been a BBB accredited business for 29 years (see attached)
  unlike the clients company that was not BBB accredited before it went out
  of business (see attached).
  
  
  Contract
  dispute: (see attached)
  This
  is an excerpt from the contract concerning the Irrigation System
  Maintenance:
  Contract
  period 03/01/23 thru 02/28/24
  ------------------------------------------------------------------------------------------------------
  Irrigation
  Maintenance Program $
  495.00 / yr.
  
  
  ?We
  will winterize your system by turning off water to system and
  attaching an air compressor to the backflow preventer to push all
  water completely out of valves, lines and each irrigation head. This
  service is performed in November and December. On pump systems, we
  disconnect the pump and blow out entire system.
  ?In
  April we will close off all drains in system and repressurize. All
  heads, valves, and lines will be checked for leaks. System will be
  operated in all zones to check for proper operation and pressure.
  Controller will be set to properly water all turf and bed areas and
  monitored throughout the growing season.
  ?Backflow
  preventer device will be tested to insure it functions properly. The
  test results will be sent to your utility district as required. If
  backflow device does not function properly, we will notify you of the
  problem and provide an estimate of needed repairs.
  
  
  Please
  send us the test form your utility district sends you as soon as you
  receive it from them to insure no disruption in your water service.
  
  
  Requested
  additions and/or repairs to irrigation system not listed above in the
  scheduled maintenance program will be billed at $65.00 per man hour
  plus materials used with a one hour minimum.
  ------------------------------------------------------------------------------------------------------
  The
  $475 per year price for Irrigation system maintenance on this 8 zone
  system consists of 3 components.
  1.)
  Turning on the irrigation system and making sure all zones function
  properly as well as monitoring those zones throughout the season.
  2.)
  Performing the backflow test.
  3.)
  Winterizing the system.
  FYI:
  a la carte winterizing of any irrigation system is $100-$125 (based
  on what a non-customer would pay if they called the shop for a
  one time service and had to be worked into a route or performed out
  of route)
  REMOVEDThe
  system was turned on (04/18/23), backflow test was performed and
  passing results were sent to REMOVEDon (05/02/23),
  and the system was winterized on (11/03/23). We performed ALL of our
  contractual duties.REMOVED
  As
  previously explained, the process of winterizing involves the
  following:
  1)
  turning off the irrigation water supply
  2)
  draining / removing the backflow preventer
  3)
  blow out the irrigation system
  4)
  storage of backflow device (in our warehouse these devices are
  labeled by Customer name and stored in bubble wrap) *The assembly was
  working properly at time of removal.
  
  
  We
  normally begin turning Irrigation systems back on during the month of
  April after the temperatures have consistently been above freezing
  temperatures.
  
  
  We
  had not been back to the REMOVEDhouse since 01/11/24 and they
  were no longer a customer when we returned the backflow assembly on
  04/18/24 as requested / demanded.
  
  
  Suspension
  of service: (see attached)
  REMOVEDCustomer
  states that they canceled serviceREMOVED
  In
  September of 2023 customer was behind in payment 5 months ($5,330.25)
  We
  mailed and emailed on 09/07/23 the attached information to suspended
  their service. (see attached)
  
  
  They
  declined to put a credit card on file but desired to continue service
  through the contract period as agreed upon and indicated by paying 3
  of the 5 outstanding invoices.
  --On
  9/11/23 they paid 1 invoice
  --On
  9/18/23 they paid 2 invoices REMOVEDthey still owed 2 invoices
  
  
  We
  continued to perform our duties and continued invoicing monthly for
  September, October and November
  --On
  12/05/23 they paid 2 invoices REMOVEDthey still owed for 3 invoices.
  
  
  In
  December 2023 we added June and July invoices at customer request so
  they could pay online with credit card the 3 past due invoices.
  --On
  01/07/24 they paid 1 invoice (November)
  --On
  01/09/24 they paid 3 invoices (June, July, December)
  
  
  Excerpt
  from contract: General
  maintenance service will be performed weekly March through November,
  and then monthly December, January and February.
  
  
  January
  was agreed to be the final invoice due to neither party wishing to go
  forward. Since the contract was to end on 02/28/24 the final invoice
  was initially prorated based on 11 out of 12 months service complete.
  However we waived the additional fees after further complaining from
  the customer just to be done with her.
  
  
  She
  questioned everything about our January visit, first not believing
  that we had been there at all, to questioning the length of time our
  crew was at her house which we verified from their tracking report
  that they had in fact been there over 2 hours on 01/11/24. (see
  attached)
  
  
  January’s
  final invoice remained past due and we began to doubted that we would
  receive payment when her company filed for bankruptcy. Therefore, we
  sent the final invoice to collections.
  (see
  attached)
  
  
  She
  would have received a demand letter from collection on or around
  04/12/24 which prompted her to pay the final invoice. She also would
  have received her 1st notice from REMOVEDin early March concerning the
  backflow test being due on or around April 20 prompting her to demand
  her parts back to dewinterize the system.
  (see
  attached) She reiterated in different emails that the backflow
  assembly be returned to dewinterize the system.
  
  
  --On
  04/16/24 The customer paid invoice and emailed, “return our
  Backflow assembly as soon as possible as we need to complete our
  Backflow testing.”
  The
  backflow assembly was returned on 04/18/24, technician noticed a
  cracked 90 degree pipe fitting upon arrival.
  *this
  is not part of the backflow assembly that was removed and stored, but
  a pipe that sticks up out of the ground next to the driveway.
  He
  took a picture to indicate it was like that when he arrived.
  (previously submitted photo)
  We
  had not been back to the REMOVEDhouse since 01/11/24 and they
  were no longer a customer when we returned the backflow assembly.
  The
  system was not turned back on due to the cracked 90 degree fitting.
  The irrigation system was not restarted.
  No
  further services were required (*assembly was working properly at
  time of removal prior to winterization).
  
  
  Desired
  resolution:
  At
  the time we did not pursue the 1 1/2% per month finance charges for
  the past due invoices every month that they were past due. It is
  stated on our invoices “Due upon receipt” and “Past due
  balances of 30 days or more are subject to 1 1/2% per month finance
  charge.” REMOVED(That would be $15.45 per invoice, per month past due)
  --June
  invoice that was finally paid in December would require $77.25
  --July
  invoice that was finally paid in December would require $61.80
  – September
  invoice that was paid in December would require $30.90
  --January
  invoice that was paid in April would require $30.90
  
  
  Plus
  the collection company charges $175.75 to file for collections and
  1/3 of invoice, $356.37, as commission for payment received due to
  their efforts. (see attached) If this doesn’t end now, we will be
  completing the collection process to the full extent of the law to
  receive what is due to us in the amount of $732.97
  
  
  We
  are now requesting $732.97 from the customer for additional fees
  incurred to us and resolve this case at no fault to The W. D. Scott
  Co. We did our job, we did not make a mistake and we don’t owe her
  anything.