ComplaintsforEnerStar Windows Ltd.

• Initial Complaint

  22/03/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Requesting a copy of documentation relating to the specific fenestration products delivered and installed at *************************. Specifically following-up on a request for the energy performance verification report and the temporary window labels as required by the Energy Efficiency Standards Regulation of B.C.

  

  Business response

  16/04/2024

  This individual is not a client of Enerstar Windows and did not purchase any product  directly from Enerstar. I sent him the test reports on our windows - if he is seeking further information he should contact the developer of the property he purchased and request them whatever details / information he requires.  

  Customer response

  16/04/2024

  Complaint: 21473355

   

  The Business, EnerStar Windows Ltd., was explicitly identified by the Developer, Bene (No. 4) Development ******************** ******* ***** as the manufacturer in accordance with Section 20 of the Strata Property Act. As such, The Owners, Strata Plan EPS ****************** ****************** for which I am an authorized representative, is the actual purchaser, owner, consumer and end-user of the products supplied by **********************

   

  We are requesting information regarding the energy performance of the products installed on our property. The information provided thus far does not cover energy performance. The Developer has expressed that it does not have the information. As the manufacturer of regulated fenestration products, the manufacturer ought to have such information readily available,typically in the form of test reports and labelling: ****************************************************************************************************************************************************************

  Customer response

  29/04/2024

  See attached confirming EnerStar Windows as the supplier. 

  Customer response

  29/04/2024

  I am participating in this complaint on behalf of the ****************** "The Owners, Strata Plan EPS 8943" in my capacity as its president, for the townhouse complex known as Westgate located at **************************************************************

  There is no payment nor invoice that we are a party to. As per the Strata Property Act, when the transfer of control of the ****************** is made to an elected ************** at the first Annual General Meeting, the ****************** is deemed to have legal ownership of all property transferred from the Developer. 

  EnerStar Windows is the supplier and installation contractor hired by the Developer's General Contractor, represented by *****************. The Developer is Bene (No. 4) ***************** represented by Development Manager ***********************.

  The Windows Field Inspection report provided is credible confirmation, with the seal of a provincially-accredited engineer, that EnerStar Windows was the supplier and installation contractor of the fenestration products installed at the development. As such, we are customers of *******************************************.

  

  Business response

  24/05/2024

  Response from Enerstar Windows

  
  

  • Enerstar is the supplier only - not installer of the fenestration products installed at the Westgate project at **************
  • We do not have temporary window labels - labels were supplied at the time of shipment - and later removed by the contractor
  • Refer to *********************** of Bene Canada for energy performance report

  
  

  We had previously supplied test reports for strata files.

  
  

  ***************

  Customer response

  24/05/2024

  Complaint: 21473355
  

  To date, EnerStar has not supplied any energy-related information. As the manufacturer of regulated fenestration products, documentation must be available and provided to end users.

  

  Business response

  24/06/2024

  Please be advised that the original windows had the required Energy stickers applied to the inside glass of each window. Those stickers were removed by the cleaning company prior to occupancy. Please contact *********************** from Bene Canada for further information regarding this.

  Customer response

  25/06/2024

   
  Complaint: 21473355
  
  The Owners, Strata Plan EPS 8943, as the present owner and user of the regulated products, has requested that EnerStar Windows Ltd., as the manufacturer of the products and the sole party responsible for labelling, certification, and regulatory compliance of the manufactured products, provide a copy/reproduction of all labelling with full performance rating information for the products.

  Bene ****** **************** did not manufacture the products and is not responsible for labelling, certification, or regulatory compliance of the products. The manufacturer remains responsible for all such matters and is the controller and custody-holder of all labelling and performance rating information for the products. 

  

  Business response

  11/07/2024

  Hi,

  As per our previous respond,  Our contract is with the developer and we can not send any information to ********* without the directed authorization from the developer.  Also the developer has all these information  and we encourage ********* to get the information from them.  

   

  Customer response

  11/07/2024

  Complaint: 21473355

  ******************* is an authorized agent for The Owners, Strata Plan EPS 8943 (the ********************* and participates in this complaint in such capacity.

  The ****************** is the legal owner and user of the fenestration products (the Goods) manufactured and supplied by EnerStar Windows Ltd. and installed on the property located at **************************

  Bene ****** **************** (the Developer) does not hold ownership to the Goods and is not a user of the Goods supplied by **********************
  

  The ****************** has asked specifically for information regarding the Goods themselves. The ****************** has requested that EnerStar Windows Ltd. provide a copy/reproduction of all labelling with full performance rating information for the Goods.
  

  For clarity, the ****************** is not asking for details pertaining to any contracts made between EnerStar Windows Ltd. and the Developer, nor is it asking for details of their relationship. The request for information solely pertains to the Goods themselves; not the manner in which the Goods were supplied.

  EnerStar Windows Ltd. has a fiduciary duty to all users of Goods manufactured and distributed by them, regardless of the manner in which the Goods were sold. 

  The Developer did not manufacture the products and is not responsible for labelling, certification, or regulatory compliance of the products. EnerStar Windows Ltd. is the responsible party for all such matters and is the controller and custody-holder of all labelling and performance rating information for the products. As such, only EnerStar Windows Ltd. can provide the requested information - not the Developer.

  

  Business response

  12/07/2024

  Hi ******,

  Again we can not give you any information with out the direct authorization from our client, the developer.  Please do not contact us, we advice that you contact the developer for all needed information.

  thank you.

  Customer response

  12/07/2024

  Complaint: 21473355

   

  The ****************** reiterates and stands by its position as the legal owner and user of the fenestration products (the Goods) manufactured and supplied by EnerStar Windows Ltd. and installed on the property located at **************************

   

  Bene ****** **************** (the Developer) does not hold ownership to the Goods and is not a user of the Goods supplied by ********************** 

   

  Despite **************** implication, the Developer does not hold such rights pertaining to this matter; any such rights implied were subrogated upon legal transfer of ownership and use to the ******************.

   

  Once again, the ****************** has asked specifically for information regarding the Goods themselves - not for information related to any contracts or relationship between EnerStar Windows Ltd. and the Developer.

   

  The ****************** has requested that EnerStar Windows Ltd. provide a copy/reproduction of all labelling with full performance rating information for the Goods. 

   

  In ****************, there is no reason that a manufacturer of such regulated Goods would be unable to furnish factual details regarding the regulatory information of its Goods to its end users.

   

   The ****************** maintains its position that EnerStar Windows Ltd. has a fiduciary duty to all users of Goods manufactured and distributed by them, regardless of the manner in which the Goods were sold. 

   

   The ****************** emphasizes that the Developer is not involved in this request - this is a direct request being made to EnerStar Windows Ltd. from the ******************, the legal owner and end user of the Goods.

   

   The Developer did not manufacture the Goods and is not responsible for labelling, certification, or regulatory compliance of the Goods. EnerStar Windows Ltd. is the responsible party for all such matters and is the controller and custody-holder of all labelling and performance rating information for the Goods. As such, only EnerStar Windows Ltd. can provide the requested information - not the Developer.

   

   There is no legal basis for, and the ****************** does not require, permission from the Developer to request such information from EnerStar Windows Ltd. regarding the Goods, which have been established to lawfully be fully within the ******************'s ownership, possession, control, and use.

   

   The ****************** is simply asking for information that EnerStar Windows Ltd. is mandated to have readily available, as the Goods are required to have such information appear on mandatory labelling for compliance with the BC Building Code, BC Energy Efficiency Act, and BC Energy Efficiency Standards Regulation.

   

  Customer response

  15/07/2024

  We do not represent **** ****** **************** We participate in this complaint as The Owners, Strata Plan EPS 8943.

  The Owners, Strata Plan EPS 8943 is the ****************** for the property located at ****************************************************
  

  Attached is an excel list of contractors, as presented by **** ****** **************** at the annual general meeting held on May 25, 2023 for The Owners, Strata Plan EPS 8943, pursuant to Section 20 of the Strata Property Act which requires:
  20 (2) At the first annual general meeting, the owner developer must place before the meeting and give the strata corporation copies of all of the following:
  (v)the registered strata plan as obtained from the land title office;
  (vi)names and addresses of all contractors, subcontractors and persons who supplied labour or materials to the project, as required by the regulations;
  (vii)all warranties, manuals, schematic drawings, operating instructions, service guides, manufacturers' documentation and other similar information respecting the construction, installation, operation, maintenance,repair and servicing of any common property or common assets, including any warranty information provided to the owner developer by a person referred to in paragraph (vi);

  A copy of the minutes of the annual general meeting on May 25, 2023 is attached for reference.

  A copy of the filed Strata Plan for EPS 8943 is attached,which shows that the property located at ************************** is stratified as Strata Plan EPS 8943.

  The list of contractors, combined with the attached Field Inspection Report Vinyl Windows and Doors, is substantive evidence that EnerStar Windows Ltd. was the installation contractor and supplier of vinyl windows and doors which were installed at **************************, the property which is fully owned and operated by The Owners, Strata Plan EPS 8943.

  By way of this Complaint with the Better Business Bureau,The Owners, Strata Plan EPS 8943 is requesting information from the manufacturer, EnerStar Windows Ltd., regarding the energy specifications of the actual vinyl windows and doors installed on its property, located at *************************** The information being requested is of regulated nature. As such, EnerStar Windows Ltd. has an responsibility to disclose regulated information to our organization as the consumer of the regulated products.

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