ComplaintsforBiyork Materials Canada Inc

• Initial Complaint

  22/08/2023

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  I purchased Biyork flooring in 2019 (from ****** ******** in Oshawa) and now the top layer of the floors are starting to peel off. This should not happen after 3 ½ years of use. I have attached pics of the floor which is covered under warranty and was expensive but the supplier/manufacturer does not want to rectify the issues & many others have the exact issue with their floors and with the same response as us.

  Business response

  23/08/2023

  Hi BBB, 

  We have reviewed the information and determined that this issue is not warrantable and not a manufacturing defect. It has been our determination that the issue is consistent with maintenance that is not within specification of our installation instructions. Out of a goodwill gesture, we previously offered 800 square feet of free replacement product but the consumer declined. 

  Sincerely,

  Will C.
  Director of Product Management and Marketing
  **************************  ** ************** * **** ************ **** ******** ****** **** ** ******** ** *** ***

• Initial Complaint

  14/08/2023

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  Dear BBB, My husband and I purchased vinyl plank flooring from Biyork a year ago for our new house. Unfortunately, within a few months, the flooring began to lift and separate. We had a Biyork representative, Trena B. come to our house to assess the situation. However, she did not take responsibility for the issue and made several excuses, such as "too many windows in the house," "improper installation," and "sub-floor deflections." In August 2022, our contractor replaced the flooring, but now, two months ago (June 2023), we noticed the same issue occurring again. We contacted Trena B. again, but she was unhelpful and blamed the installation once more. However, after consulting with experts in the construction and flooring installation field, we believe that the flooring has a defect and that Biyork should replace it. We have noticed that there are many complaints about Biyork's products online, and we are disappointed with our experience. Please let us know if you can assist us in resolving this matter. Thank you for your time. Sincerely, ***** *** ****** ******

  Business response

  22/08/2023

  Dear BBB,

  We have reviewed the information and determined that this issue is not warrantable and not a manufacturing defect. It has been our determination that the issues experienced before and current are consistent with both installation error and on-site conditions that are not within specification of our installation instructions. Biyork has already provided 15 cartons of replacement material for free as a goodwill gesture. The issue occurring at the same time each year is indictive that the problem is consistent with on-site conditions that is affecting the flooring.

  Sincerely,

  Will C.
  Director of Product Management and Marketing
  *********@************.com 
  ** ************** * **** ************ **** ******** ****** **** ** ******** ** *** ***

   

  Customer response

  31/08/2023

  
  Complaint: ********
  
  I am rejecting this response because: We had a certified red seal carpenter install the vinyl plank flooring according to the installation procedures provided by your company for the second time and we need clarification on the meaning of "on-site conditions" and where in your guidelines it specifies that the on-site conditions were not suitable for installation. We are confused because your "local rep" allowed us to re-install the product again and gave us more product "as a sign of good faith." We would appreciate further clarification on these discrepancies in your answers.
  Sincerely,
  ***** *** ****** ******
  

  Customer response

  20/09/2023

  
  Complaint: ********
  
  I am writing to express my latest dissatisfaction with your response regarding the issues with my flooring. I respectfully reject your reasoning that the problem was due to installation, as it appears to be inconsistent and lacks sufficient evidence. I have some points to consider that contradict your company's claim. Firstly, I have photographic evidence of the subfloor being belt-sanded, which is contrary to your statement that the subfloor caused the problem. Secondly, when the issues with the floor first arose in March (just a month after installation in February), your Atlantic Canadian representative suggested that it could be due to installation, subfloor, or too many windows in the house. Thirdly, although the floor was reinstalled in August, it was not until June of the following year that we noticed it was separating and lifting. Finally, you have cited a fourth reason claiming that it's an installation issue, but I disagree that it happened during the same timeframe. I hope that you will reconsider your position and offer a satisfactory solution to this issue. Thank you for your time and attention.

  Sincerely,

  ***** ******

  Business response

  16/10/2023

  Hi BBB, 

  This is a proven product and we have sold container loads across Canada. The consumer bought it from **** ******** ******, which is a major customer of this particular item. We have not had an issue with it from **** so far. **** and Biyork have already done our best to support the consumer by providing free products last year.

  Seeing that the issue is happening again in the same area in two different time frame and using different production batches, just shows that there is an issue with either the job site or installation. 

  Biyork is happy to support the consumer one last time out of goodwill with 15 free boxes of products. If ***** and ****** would like to accept this offer, a waiver will need to be signed before shipment.

  Thank you for coordinating us.

   

  Sincerely,

  Will C.
  Director of Product Management and Marketing
  *********@************.com 
  ** ************** * **** ************ **** ******** ****** **** ** ******** ** *** ***

• Initial Complaint

  08/02/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Less than 8 months after the original purchase and install of Biyork's engineered hardwood flooring we contacted ****** ******** ****** Inc., whom we purchased the product from, to make them aware of product issues and discuss warranty care. The first email to them was sent on May 22, 2020. They redirected us to Biyork Canada, the original manufacture (and warranty holder) whom we first heard back from on June 3rd, 2020. After months of getting nowhere I reached out to Jon K., VP of Sales, on September 11th, 2020. From there we were finally able to get some traction and Biyork agreed after multiple visits and tests to replace the product on our main floor (as it was the most damaged). The week of the November 8th, the old damaged flooring was replaced, and new flooring installed. Neil T. sent an email on November 13th, 2020 stating "I want to let you know, these newly installed floors still enjoy our quality warranty service". Fast forward to November 21, 2022 and yet again we were faced with product quality issues. An email was sent along with multiple images to validate our concern. Neil came out to inspect the product in person on December 5th and stated that he was going to look into it further and get back to us, possibly scheduling a professional inspector along with stating in an email response December 5th that "please rest assured of our brand reputation and responsibility". That is the last time we heard from Neil, even after multiple follow-up emails in January asking for an update. Upon further investigation we've been made aware of other individuals having the exact same issue with this product along with a local store (******** ********** ******) who will no longer deal with Biyork because of their lack of customer care and poor product quality. Sadly even a ****** search will result in issues and concerns regarding Biyork's product, quality and warranty care. We are seeking a full refund along with appropriate damages (to be determined) that have resulted from being inconvenienced (housing, cleaning, duress, etc.) during this whole ordeal that has lasted 3+ years. A demand letter was sent to Biyork on January 25th, along with an original copy sent by registered mail from ********* ********* Services on our behalf.

  Business response

  31/03/2023

  Dear ******,
  
  Thank you for reaching out and we appreciate your feedback regarding your floors. At the outset, we wish to note that any further correspondence on this matter should not be directed Mr. T., as he is currently out of the country on an extended business trip
  
  We take customer complaints seriously and strive to provide quick and satisfactory resolutions, which was why we responded back to you on June 3rd, 2020, and initiated the claims process following Biyork’s receipt of your initial complaint dated May 20, 2020, originally submitted to ****** ******** ****** Inc.
  
  As you will recall, we attended at your property on or about June 20, 2020, shortly after receiving your complaint and initiating the claims process. After our assessment, we discovered the issue with your floors was unfortunately due to water damage, misuse, and/or inappropriate maintenance.
  
  Although such flooring issues are not covered by Biyork’s limited warranty, as a sign of good faith and our dedication to customer satisfaction, Biyork at its sole discretion, proceeded to replace your flooring in 2020, at no cost to you. As stated in our warranty document for the floor collection that you purchased (*********, we outline several key points for your reference:
  
  • Our warranty states that buyers shall be limited to either repair or replacement of the affected flooring planks or area only. While the issue you had with your flooring was not covered by the warranty, for your satisfaction, Biyork, at its discretion, did proceed to replace 80% of your main floor flooring in 2020, along with several planks on the 2nd floor.
  
  • Any warranty coverage is applicable for as long as the buyer owns the home.
  
  • Warranty coverage is limited to a one-time floor replacement.
  
  • Finally, to be eligible for any floor replacements due to finish issues, the affected areas must be greater than 10% of your total square footage. Although this was not the case during the time, Biyork still proceeded to replace your flooring.
  
  Biyork received no further product complaints from you for over two years until November 22, 2022, less than two months before you decided to list and sell your home.
  
  Upon receiving your message, our technician advised you that they were away on a business trip, then attended at your property shortly after on December 5, 2022. During that attendance, it was observed that there was an obvious leak in the kitchen area under the refrigerator, which was one source of any issues you may have with your flooring. In addition, another source of any issues that you had with your flooring was due to inappropriate maintenance. We understand that materials not approved by the manufacturer had been used to clean the floor, contrary to the manufacturer’s maintenance instructions. Improper maintenance does void the limited warranty, as excerpted below from our warranty.  
  
  Improper Maintenance or Inadequate Care
  Biyork flooring requires maintenance performed in accordance with Biyork written maintenance instructions. These limited warranties do not cover damage or defects caused by improper maintenance or inadequate care. DO NOT use steam cleaners, spray cleaners or any device that sprays liquids directly on the floor.  
  
  Considering the above points, along with the terms and conditions of the limited warranty for your flooring, we believe that Biyork has complied with its obligations under the limited warranty. We further do not believe that a full refund, as you have demanded, is a fair or reasonable resolution, under the circumstances.
  
  Sincerely,
  BIYORK

  Customer response

  03/04/2023

  
  Complaint: ********
  
  I am rejecting this response, as per my comments below in CAPS:

  ATTN: BIYORK
  
  Thank you for reaching out and we appreciate your feedback regarding your floors. At the outset, we wish to note that any further correspondence on this matter should not be directed Mr. Tan, as he is currently out of the country on an extended business trip. HIS CURRENT VOICEMAIL DOES NOT STATE THAT, NOR HAS ANYONE STATED WHO WE SHOULD “CORRECTLY ADDRESS.”
  
  We take customer complaints seriously and strive to provide quick and satisfactory resolutions, which was why we responded back to you on June 3rd, 2020, and initiated the claims process following Biyork’s receipt of your initial complaint dated May 20, 2020, originally submitted to ****** ******** ****** Inc. AFTER MONTHS OF BACK AND FORTH, YES BIYORK FINALLY AGREED TO DO SOMETHING REGARDING THE ISSUE.
  
  As you will recall, we attended at your property on or about June 20, 2020, shortly after receiving your complaint and initiating the claims process. After our assessment, we discovered the issue with your floors was unfortunately due to water damage, misuse, and/or inappropriate maintenance. THIS IS UNTRUE. THERE WAS NO “WE.” THE ONLY PERSON THAT CAME TO OUR HOUSE WAS NEIL T., BIYORK’S WAREHOUSE MANAGER. HE WAS AND CURRENTLY IS NOT QUALIFIED TO DO A FLOORING INSPECTION. HE HAS NO KNOWN ACREDITITIONS. BIYORK STATED THEY WOULD HIRE A 3RD PARTY INSPECTOR, **** ****, WHO NEVER CAME TO THE HOUSE. THE LAST KNOWN COMMUNICATION WITH **** WAS ON 11:43AM ON SEPT 16TH, 2020 AND LATER THAT DAY NEIL REACHED OUT TO SAY BIYORK WOULD BE REPLACING A PORTION OF OUR FLOORING. THERE IS NO KNOWN RECORD OF BIYORK EVER STATING VERBALLY OR IN WRITING THAT ” WE DISCOVERED THE ISSUE WITH YOUR FLOORS WAS UNFORTUNATELY DUE TO WATER DAMAGE, MISUSE, AND/OR INAPPROPRIATE MAINTENANCE.” I HAVE ******** EMAILS TO SUPPORT MY STATEMENTS.
  
  Although such flooring issues are not covered by Biyork’s limited warranty, as a sign of good faith and our dedication to customer satisfaction, Biyork at its sole discretion, proceeded to replace your flooring in 2020, at no cost to you. As stated in our warranty document for the floor collection that you purchased (********), we outline several key points for your reference: BIYORK REPLACED 80% OF OUR FLOORING ON THE MAIL FLOOR ONLY. NOT THE 2ND OR 3RD FLOOR WHERE THERE WAS ALSO DAMAGE.
  
  • Our warranty states that buyers shall be limited to either repair or replacement of the affected flooring planks or area only. While the issue you had with your flooring was not covered by the warranty, for your satisfaction, Biyork, at its discretion, did proceed to replace 80% of your main floor flooring in 2020, along with several planks on the 2nd floor. “SEVERAL” MEANING 7 PLANKS MAX.
  
  • Any warranty coverage is applicable for as long as the buyer owns the home.
  
  • Warranty coverage is limited to a one-time floor replacement. IF THIS IS TRUE THEN WHY DID NEIL T. REPLY ON SEPTEMBER 16TH, 2020 “AFTER ALL THIS IS COMPLETED, YOU WILL STILL ENJOY OUR WARRANTY POLICY AND RIGHTS” AND ON NOVEMBER 13TH, 2020 “THESE NEWLY INSTALLED FLOORS STILL ENJOY OUR QUALITY WARRANTY SERVICE. FOR ANY QUALITY ISSUES OR QUESTION, YOU CAN ALWAYS CONTACT US IN THE FUTURE.” * **** ******** ****** ** ******* ** ***********
  
  • Finally, to be eligible for any floor replacements due to finish issues, the affected areas must be greater than 10% of your total square footage. Although this was not the case during the time, Biyork still proceeded to replace your flooring.
  
  Biyork received no further product complaints from you for over two years until November 22, 2022, less than two months before you decided to list and sell your home. WE CONTACTED YOU INITIALLY ON NOVEMBER 21ST BEFORE MAKING A DECISION TO LIST AND SELL OUR HOME. ON DECEMBER 5TH NEIL T. STATED BIYORK WOULD HIRE A 3RD PARTY FLOORING INSPECTOR AGAIN, WHICH AS BEFORE, BIYORK NEVER DID. FROM DECEMBER 5TH WE RECEIVED NO COMMINICATION WHATSOEVER FROM BIYORK. WE DID NOT LIST OUR HOUSE FOR SALE UNTIL JANUARY 2023; WE EVEN GAVE YOU THE OPTION OF TRANSFERING THE WARRNTY (JANUARY 12TH, 2023) TO THE NEW HOME OWNERS. NO REPLY WAS EVER RECEIVED. * **** ******** ****** ** ******* ** ***********
  
  Upon receiving your message, our technician advised you that they were away on a business trip, then attended at your property shortly after on December 5, 2022. During that attendance, it was observed that there was an obvious leak in the kitchen area under the refrigerator, which was one source of any issues you may have with your flooring. In addition, another source of any issues that you had with your flooring was due to inappropriate maintenance. We understand that materials not approved by the manufacturer had been used to clean the floor, contrary to the manufacturer’s maintenance instructions. Improper maintenance does void the limited warranty, as excerpted below from our warranty. UNTRUE. THE MAINTENANCE OF OUR FLOORS HAD NOT CHANGED IN THE 3.5 YEARS THAT WE LIVED THERE. WE USED A DRY MICROFIBRE MOP AND BONA FLOORING SOLUTION (PURCHASED FROM COSTCO). ALSO THE MENTION OF A LEAK IS UNWARRANTED; WE NEVER HAD AN ISSUE WITH OUR FRIDGE AND/OR THAT AREA IN GENERAL. IN FACT, WE HIRED A 3RD PARTY  FLOORING INSPECTOR, ***** ******, AT OUR OWN COST WHOM ALONG WITH MUTLIPLE TESTS PROVED THAT THE DAMAGED FLOORING IS DUE TO A MANUFACTURING DEFECT AND THAT HE COULD FIND NO FAULT WHATSOEVER, MAINTENCE OR OTHERWISE, THAT WOULD LAY FAULT WITH US AS THE HOMEOWNERS. A FULL REPORT INCLUDING PHOTOS AND MULTIPLE TEST RESULTS WILL BE USED FOR LIGITGATION (IF NEEDED).
  
  Improper Maintenance or Inadequate Care
  
  Biyork flooring requires maintenance performed in accordance with Biyork written maintenance instructions. These limited warranties do not cover damage or defects caused by improper maintenance or inadequate care. DO NOT use steam cleaners, spray cleaners or any device that sprays liquids directly on the floor.
  
  Considering the above points, along with the terms and conditions of the limited warranty for your flooring, we believe that Biyork has complied with its obligations under the limited warranty. We further do not believe that a full refund, as you have demanded, is a fair or reasonable resolution, under the circumstances. FACTS SPEAK LOUDER THAN COMMENTS AND UNTRUTHS. CUSTOMER HAS ALL EMAILS AND ORIGINALS COMMUNICATIOS ON FILE DATING FROM 2020 UP UNTIL NOW. HUNDREDS OF PHOTOS AND VIDEOS. NOW THAT THE 3RD PARTY FLOORING INSPECTION HAS BEEN COMPLETED, WE CAN NOW SUPPORT OUR EVIDENCE FROM A 3RD PARTY, ACCRDITED FROM THE NWFA. WE CAN ALSO SHOW LETTERS FROM BIYORKS LAWYER WHERE THEY TRIED TO DISCREDIT THE INSPECTOR’S FINDINGS BY TRYING TO **** ****** HIM. SUCH EMAILS WERE ALSO SHARED WITH THE NWFA.
  
  
  Sincerely, ****** ******

  Business response

  13/06/2023

  Hi ******,

  This is to confirm that we have received your responses.  The email from BBB was forwarded to me yesterday (on June 12, 2023) as the original email was sent to our former employee who is no longer with the company. We will provide our further response within 7 business days from now on.

   

  *** **

  Business response

  21/06/2023

  We are in receipt of Ms. ***********’s most recent reply and provide the following response to her complaints and comments.
  
  With respect to Ms. ***********’s comment: “BIYORK REPLACED 80% OF OUR FLOORING ON THE MAIL FLOOR ONLY. NOT THE 2ND OR 3RD FLOOR WHERE THERE WAS ALSO DAMAGE”, to be clear, approximately 80% of the main floor flooring, along with several planks of the second floor were replaced.
  
  Notwithstanding any correspondence that Ms. *********** may have from Mr. T., Biyork Materials Canada Inc. maintains the terms of its limited warranty, including the term that warranty coverage is limited to a one-time floor replacement. We also note that the limited warranty expressly states that “Any and all representations, promises, warranties or statements by Biyork Materials Canada or its agents that differ in any manner from the terms of these limited warranties shall be of no force or effect unless in writing, signed by a duly authorized officer of Biyork Materials Canada.”
  
  We reiterate that defects due to water damage, inappropriate maintenance, and use beyond reasonable wear and tear are not covered by Biyork’s limited warranty coverage.
  
  Unfortunately, we understand that Ms. *********** remains unsatisfied with Biyork’s response and continues to demand a refund in full for not only the flooring product that she no longer owns but also for installation fees which are expressly excluded from Biyork Materials Canada Inc.’s limited warranty. We maintain the position that these continued demands are unreasonable under the circumstances.
  
  Considering Ms. ***********’s continued threat of litigation, we would ask that she please direct further correspondence to our legal counsel, ***** *., at *****@******.com.
  
  We also have not received a response to our counsel’s Notice dated March 7, 2023. We request that Ms. *********** cease making and remove all defamatory statements against Biyork, its products, and its employees, wherever they have been published.

   

  Sincerely,

  Will C.

  Director of Product Management and Marketing

  Customer response

  04/07/2023

  
  Complaint: ********
  
  I am rejecting this response because:

  Will C.'s response, is 100% false and I can prove as much. The reply from Mr. T. (********) on Friday, November 13th, 2020, had 5 other Biyork employees on copy. I guess they also didn’t know what the warranty terms were? Jon on copy is now the COO and you’re going to tell me he didn’t know as well either?

  Warehouse Manager: Neil T. – ********@************.com
  Executive VP: Jon K. – **************@************.com
  Director of Marketing: Paolo d. – *********@************.com
  Tim Q. – ******@************.com
  Yi C. – *****@************.com

  Also how can Biyork continuously change their warranty terms? Their terms should reflect the terms in effect at the date of purchase.

  Also the 3rd party NWFA Inspection Report (********) PROVES there was no water damage and that indeed this is a manufacturing issue. I truly believe this is why Biyork never involved a 3rd party although on two occasions they said they would (which is included in my initial summary).

  Lastly I have not “threatened” Biyork in the least. I will be pursuing litigation, that is of no question. As for defamatory statements, nothing has been said that isn’t true. My comments are also being recognized by other customers who have experienced the same thing with their product(s). In fact I will continue to leave reviews wherever I can.
  
  Sincerely,
  ****** ******

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩