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Long Fence review: Contract Repudiation

S
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2:40 pm UTC
Resolved
The complaint has been investigated and resolved to the customer’s satisfaction.

My wife and I received an unsolicited sales pitch by Long Fence and Home, L.L.L.P. asking if we would like an estimate for windows, doors, etc. I informed their telephone sales representative that we had several projects and the first thing we needed done was the replacement of a large arched window -- if they could do the work. We wanted the window shortened from (t6' x w5.6') to (t4.5' x w5.6') (1.5'). I am quite experienced at construction myself, and it was a relatively easy replacement except for the weight and size of the window, with the exterior being conventional plywood and the interior being standard sheetrock. I would have done the job myself except the weight and hight of the removal would have been to difficult for myself. On November 12, 2014 the contracting representative, visited my home spent three and one half hours filling in the details of the contract. It was specified that the completion date was critical to the performance of the contract and the work would be completed on or before 14 December, 2014, because of the holidays, Christmas decorations etc. The total purchase price was calculated to be $3500.00, and the contract required one third ($1155.00) up front, the rest due upon satisfactory completion of the job. Monies were paid and we were repeatedly informed that we had "three days to cancel the contract." Four days later, we were notified that the job was accepted by Long Fence and Home, and someone would be out to take the final measurements. Several days passed, and we tried to call the representative, and were told again someone would be out in a couple days to take final measurements. On 24 November 2014, "Joe" called us and said they could not do the job, and was very evasive as to why they could not do the job, other than the "window installer didn't want to do it". Since it was a routine window replacement with some bottom framing, which was both routine and customary. Joe said "well" I will send your money back, we have "60 days to return your money". I told him in accordance with the contract, there is a 20% penalty (paragraph "Late Cancellation: Late Cancellation, Late Payment / Default). He laughed and said "No Way" and they had 60 days to return my money. He went on to tell me how there would be no penalty because of the "Delay / Unknown Condition" paragraph. I said but your representative examined the window for three and one half hours, drew pictures, and took pictures, "there were no unknown conditions, " He said well, we normally just do standard window replacements, and we are not going to do it. The window was suppose to be installed for Christmas and was both our wedding anniversary (Dec 7, 1975) present and a Christmas present, and we would now be his with a premium charge for an expedited installation and because of the Christmas holidays. On top of that, our money would be held for ten days in transfer so we could not let an immediate contract. Joe laughed once again and said well, your not getting 20% and we have 60 days to refund your money, REQUEST: I request a full and immediate refund, and the 20% cancelation fee, as specified by the contract.

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