ComplaintsforAtmosphere Climate Control Specialists Ltd.

• Initial Complaint

  15/05/2024

  Complaint Type:

  Customer Service Issues

  Status:

  Answered

  More info

  had them install my heat pump last May and they are gonna cost me thousands of dollars repairing there mistakes. I paid for the heat pump upfront at a cost of 125000I. had new siding put on my house and when they ran the pipe conduit it wasnt fastened to house properly because I had 1 inch foam installed under the siding they used half inch screws which didn’t work. The job from start to finish was a complete shit show from the conduit not being fastened to house properly, the run itself is an eye sore they were suppose to do 2 runs instead of three not having the right equipment for the job and when I called to office to say I wasn’t happy the owner ignored me for two days and wouldn’t return my calls and when he finally did he was a compete asshole. The company address is for a P.O. Box at an ups store which to me is shady.. I asked the owner of the company to come have a look at the shit show job his guys did and he refused. So I left a bad review about the company and I get a email saying they are gonna sue me for threatening there employees and and other false accusations to justify there shity work They also voided my 12 year parts and service agreement which I paid for. Just everything about the company is shady from the owner going bankrupt, no physical address, to the threatening of legal action for a bad review, the company manipulates their reviews, the ****** work. The behaviour of the owners shows there true colors by making fun of veterans who have PTSD . The whole experience with company has been a nightmare . These idiots shouldn’t be allowed to run a company. I have friends in the HVAC industry and they are always getting calls to come fix there fuck ups.

  Business response

  16/05/2024

  This customer was under the influence of drugs and alcohol during the installation of his heat pump.

  Due to his excessive aggression and threats towards our staff we refuse to return to his home.  We reserve the right to protect our staff from a hostile work environment.  Despite delivering a cease and desist letter, the customer continues to slander our business on social media and review platforms with false information about his experience, our business principles and staff.

    

  Customer response

  16/05/2024

   I am rejecting this response because:
  The allegations are irrelevant and false and the company keeps slandering my name on there reviews on google so they cover there asses for their shitty work. They also voided the their own maintenance contract when they refused to do maintenance work in my home  that I paid for. The company doesn’t have a physical addresss just a P.O. Box  which is they are violation of a registered business 

  Registered Office:

  Your corporation must maintain a registered office address in Nova Scotia where legal documents can be served. This address must be a physical location and not just a P.O. Box then yesterday ******* ****** slandered my name all over Facebook thread on open public form only to delete it later which I have pictures of the whole conversation. It’s gonna cost around 3 grand to fix the  problems and warranty on top of that. **** ******* and ******* ****** should be barred from owning a company. They have Ripped off numerous people over the years and gotten away it. 

  
  

  Business response

  16/05/2024

  We are no longer entertaining communication with this person.  

  Customer response

  16/05/2024

   I am rejecting this response because:
  They are liable for the voided warranty and the  work that I have to get done to fix there ****** work. This how they respond  and the owner shows there true colors as business owners. 
  
  

• Initial Complaint

  11/02/2024

  Complaint Type:

  Customer Service Issues

  Status:

  Answered

  More info

  On November 29, 2023, Atmosphere did some repairs on a heat pump. As discussed, with the company, I was able to pay 91% of the bill but needed to wait for my following pay for the remaining $140. They became verbally abusive and threatening. They are now making false public allegations online claiming that I had agreed to make immediate payment then refused to pay. They have not provided any evidence of this supposed agreement. I believe as a business that they should be held accountable for libel that they perpetrate against customers. I think they should either provide evidence of their claims or face penalties.

  Business response

  11/02/2024

  ******* requested we repair his heat pump in November 2023.

  He was made aware of the cost for repair prior to the service.

  As per the attached PDF file of his invoice shows, our payment terms for service are "DUE UPON RECEIPT"

  Despite knowing this prior to booking his service, he proceeded to book his repair which would indicate that he had the funds to pay for the quoted repair.  Service was completed on November 29, 2023. Despite requiring full payment upon completion of the work, ******* did not make any payments for the service until December 15, 2023.  A credit card payment was made for $1000 with a balance remaining of $490. Despite numerous attempts to receive the outstanding balance, ******* did not pay his invoice as per our payment terms.  ******* was advised that his account would be sent for collections.  Once he was advised of the severity of his tardiness in paying his invoice he then paid the remaining amount owing.

  We would advise ******* or any current/future customer to ensure they have the funds available to pay for service BEFORE hiring any company that requires full payment at the completion of work.  

  If ******* believes these statements are defamatory we would advise him to seek legal advise.

   

   

  Customer response

  16/02/2024

   I am rejecting this response because: they are now revising their responses to sound a bit more truthful, but are still factually incorrect. Prior to performing the work, we confirmed that it would not be a huge deal that we did not immediately have the funds available, as a pre-authorized but unplanned payment was made on the credit card, which did not leave us the funds available.

  My original defamatory complaint stands as they have publicly stated that their estimate included saying that I would have to pay that exact moment, but they have not provided that. The provided attachment is the invoice, which by definition was sent to us after their employee had left. Further to their claims about the amount paid, as they very much know, I was going to pay $350 to top it up to $1350 and then asked for six days to get the remaining $140 which led to them becoming extremely verbally abusive. 

  
  

  Business response

  16/02/2024

  As our original response indicates, our services are DUE UPON RECEIPT and no where in our records or the information ******* has provided does it indicate the payment terms he is describing.

  Requesting payment from customers who are overdue and protecting our business is not "verbal abuse".

  Again, we wish to advise all customers that are hiring contractors who require immediate payment after service to ensure they have the funds readily available to pay their bills.

• Initial Complaint

  02/11/2023

  Complaint Type:

  Customer Service Issues

  Status:

  Answered

  More info

  Oct 13 - I cancelled a 'free estimate' on the morning of the call. I was billed $79 + HST cancellation fee. This is of course absurd, as I could have just let them waste their time on the free estimate and not incurred any charge. I disputed the charge, and was referred to collections. *****. I am seeking a reversal of the charge and an aplogy.

  Business response

  02/11/2023

  When booking an appointment with our business it was clearly indicated to Mr. ******* in text (as per his attachments) that a $75 fee would be charged for a cancellation under our 24HR terms.  This policy is no different than what you would see at a medical office or other professional business.  It is in place to ensure that we as a business do not lose revenue and wasted time sending our staff to customers homes. 

  Mr. ******* waited until our salesperson was almost to his home before canceling the appointment which is not within our policy and extremely inconsiderate of our sales staff and business.

  A “service” includes but is not limited to sales, repairs, cleanings and all other business activities.  When accepting the appointment, Mr. ******* accepted the terms and company policy we have in place
  
  Mr. ******* refused to pay the outstanding cancellation fee so we sent his account to collections.

  We appreciate that Mr. ******* does not want to pay for his cancellation fee; however, we stand by our company policy and reserve the right to charge for cancellations.

  Atmosphere Climate Control.

   

  
  

  Customer response

  02/11/2023

   I am rejecting this response because:
  
  A free estimate is categorically distinct from a service appointment and thus should not carry associated cancellation charges. This charge absurdly implies that allowing the company to waste resources and time actually quoting the work was preferable to a cancellation.
  
  
  Definition and Nature of a Free Estimate:
  
  
  A free estimate is a preliminary assessment provided by a company to gauge the scope and potential cost of a job for a customer. It is an invitation to treat, not an offer that can be converted into a contract by acceptance. As such, it is inherently a non-binding courtesy extended to the customer with the intent to solicit business.
  
  
  Lack of Consideration:
  
  
  In contract law, for an agreement to be binding, there must be an exchange of consideration. In the context of a free estimate, the customer provides no consideration to the company because the estimate is offered freely, without charge, and with no obligation. Hence, no enforceable contract regarding the estimate exists, and no penalty should ensue from its cancellation.
  
  
  The Reasonable Expectation of the Consumer:
  
  
  A reasonable consumer would not expect a fee for the cancellation of a service that is advertised as "free." The imposition of a cancellation fee violates the reasonable expectations of the consumer, which can be seen as misleading or deceptive under consumer protection laws.
  
  
  Advertising and Representation:
  
  
  Companies commonly advertise free estimates as a no-cost, no-obligation service to attract customers. If the consumer is later told that they are subject to a fee for not availing of this free offer, this constitutes a deceptive business practice and is actionable under the relevant consumer protection statutes.
  
  
  Good Faith and Fair Dealing:
  
  
  All contracts imply a covenant of good faith and fair dealing. By imposing a cancellation fee on a service that is advertised as free, the company is acting in bad faith, violating this implicit covenant, and undermining the trust necessary for a functioning market economy.
  
  
  Absence of Mutual Assent:
  
  
  For a contract to be valid, there must be mutual assent or a "meeting of the minds." In the case of a free estimate, there is no mutual understanding that the potential customer agrees to a cancellation fee, as the primary service has not been rendered or agreed upon.
  
  
  
  Conclusion:
  For these reasons it is clear a free estimate does not constitute a service appointment and renders inapplicable the company's policy imposing a cancellation fee. To hold otherwise would be to endorse a practice that is fundamentally unfair and deceptive to consumers and runs counter to established legal principles governing contracts and consumer protection.
  

  Business response

  02/11/2023

  When booking an appointment with our business it was clearly indicated to Mr. ******* in text (as per his attachments) that a $75 fee would be charged for a cancellation under our 24HR terms.  This policy is no different than what you would see at a medical office or other professional business.  It is in place to ensure that we as a business do not lose revenue and wasted time sending our staff to customers homes. 
  Mr. ******* waited until our salesperson was almost to his home before canceling the appointment which is not within our policy and extremely inconsiderate of our sales staff and business.
  A “service” includes but is not limited to sales, repairs, cleanings and all other business activities.  When accepting the appointment, Mr. ******* accepted the terms and company policy we have in place
  
  Mr. ******* refused to pay the outstanding cancellation fee so we sent his account to collections.
  We appreciate that Mr. ******* does not want to pay for his cancellation fee; however, we stand by our company policy and reserve the right to charge for cancellations.
  Atmosphere Climate Control.

  Customer response

  03/11/2023

  I am writing to articulate a comprehensive rebuttal to Atmosphere Climate Control’s stance on the cancellation fee charged for a 'free estimate' appointment.
  
  The argument presented by Atmosphere Climate Control fails to acknowledge several critical factors that invalidate the application of the cancellation fee in this scenario:
  
  Lack of Consideration: For any contract to be valid, there must be consideration — that is, an exchange of something of value. A 'free estimate' inherently implies the absence of financial obligation or exchange unless subsequent services are contracted. Without consideration, there cannot be an enforceable contract, which is a cornerstone of contract law.
  
  Absence of Clear Terms: The policy communicated to me did not explicitly state that the cancellation fee applies to a 'free estimate' appointment. The term 'service' as used in your communication generally implies an exchange for payment post-estimate. Without such explicit terms, there can be no 'meeting of the minds,' which is essential for an agreement to be binding. This is why I asked for clarification that the appointment was for a free estimate in contrast to a 'service/cleaning' per the policy.
  
  Misclassification of a Free Estimate: Comparing the cancellation fee for a free estimate to those charged by medical offices for services is fundamentally flawed. A free estimate is a preliminary step to service and not a chargeable service in itself. Asserting that it is equivalent to a paid service such as a medical appointment is misleading.
  
  Timing of Cancellation: The cancellation was made with sufficient notice to avoid any significant inconvenience or loss to your sales staff. It was done in a timeframe that should have allowed for the reallocation of resources, calling into question the claim of lost revenue and wasted time.
  
  Aggressive Collection Practices: The decision to escalate this matter to collections for a fee associated with a non-rendered, non-contractual service is both excessive and inconsiderate of the circumstances surrounding the cancellation.
  
  Impact on Consumer Relations: It is vital to consider the long-term implications of rigidly applying such fees on customer relationships. Penalizing potential customers for not proceeding with a 'free estimate' serves only to discourage future business and tarnish the company's reputation.
  
  In light of these points, I respectfully request a reevaluation of the charge imposed. A free estimate should not carry a cancellation fee, particularly when the terms of such a fee were not clearly communicated and agreed upon. I propose that the cancellation fee be waived, and a more transparent and fair policy be established for future interactions with customers.
  
  I look forward to a positive resolution of this matter and an improvement in policy communication that ensures such misunderstandings are avoided in the future.

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