Complaints

• Initial Complaint

  08/03/2022

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  In March 2022, we entered into a contract with All Bay Solar Construction for the installation of a solar panel system using SunPower series X panels and all SunPower products and receiving the SunPower premium Equinox warranty. Their sales materials hailed the benefits of this all-in-one complete solar system and its complete solar warranty. At the time that the contract was entered into we paid All Bay their requested down payment.In June 2022 All Bay Solar informed us that, much to their surprise, SunPower discontinued the series X system, and that All Bay could not then deliver and install this system. This begs the question as to how so much time could have transpired without All Bays already having received the materials for this installation. If ******** already had numerous orders in March, why were the materials not in production before the decision to discontinue the series was made in June. At that time, All Bay entered into a new contract with us for a series M system and promised that it would be installed within 8 weeks. We were assured that there would be no problem with the delivery of the necessary materials. Now that we are at the end of the 8-week period which was contractually agreed, All Bay is once again breaching its contract. Apparently, All Bay does not stock any products and given its history cannot ensure delivery and installation of any products. At the very least this makes All Bay look unreliable and somewhat incompetent in its business practices.We believe that All Bay has engaged in misrepresentation, or bait and switch tactics, in its sales. The current representation is that SunPower cannot deliver the contractually required products until December 2022. Given past performance, this appears as hopeful speculation. Instead, All Bay is now offering us a mixed solution employing SunPower series A panels and other materials manufactured by Enphase. Although All Bay previously trumpeted the benefits of a unified sys

  

  Business response

  08/29/2022

  Hello ******,
  We already resolved this issue. 
  Due to supply chain issues, the equipment quoted and contracted for was back order until the end of the year. Our company put together another equipment option to meet customers' timelines. This was optional. If customers wanted to wait for contracted equipment, they had the right to wait for it. The customer did not take the current industry situation well and he went directly to BBB, YELP and other platforms to complain about the situation. Obviously, we immediately responded to the customer and started mitigating the situation. We also went back to our supplier and forced them to at least supply material for *************************** and maybe other potential upset customers. *************************** was the only customer that complained out of roughly 30 customers. We did get the equipment from our supplier soon after and the system has been installed and approved by the building department. As far as I know, All is on good terms now.
  

  
  

  Customer response

  08/30/2022

   
  Complaint: 17667802
  
  I am rejecting this response because:

  In our opinion, the only reason the Contractor installed panels is because we hired an Attorney. Once the Attorney became involved, the panels that we originally contracted to purchase approximately six months ago and were told were no longer available (emphasis added) were installed by the Contractor. Unfortunately,we incurred legal expenses in the amount of $1,765.00 and a significant amount of personal stress. In addition, the Contractor called for the inspection of the work under the wrong permit for unit 62 (E202207211442 which is for the 425-watt system, which they did not install-this permit should be canceled to avoid future issues and confusion).  The correct permit for unit 62 is E202208151894 (which is for the 360-watt system). We do not believe that the permit the system in unit 60 is marked as completed.  We have advised them on this matter on several occasions, to date no corrections have been made.
  We were also told that we would be receiving assistance in completing forms for any rebates/incentives or Tax Credit programs that might exist.  This assistance has not occurred.  We also have not received any information concerning:
  1) Warranties
  2) *************************************** Agreements during warranty period
  4) Copies of permits and any supporting information
   Contractor is also attempting to bully/badger us into removing online reviews and BBB complaint.  We resent these efforts.  
  

  Sincerely,
  
  ***************************

  

  Business response

  09/28/2022

  Hello,

   

  My name is *************************, I am the lead solar consultant/salesperson for All Bay Solar ************ **** I feel the best response to ****************** complaint is to show our side of the story. To do so, I think a timeline is the best way to help you understand what has happened so far. In addition to the timeline I have attached ***s of important email communications with **************** to corroborate our dates and times. And, I think importantly, to help let you judge whether or not our business practices were/are in need of an overhaul. For my part, I feel strongly that we did nothing to incur the wrath of ****************. We were put in a bad situation by supply chain issues, and we were trying to do right by our customers. But, Ill let you decide. 

   

  At the very bottom, Ive have copied my bosss response that he sent to me via email. SEE ***************************** response to ******** complaint in red. 

   

  For the email chain, and the timeline below, please recognize that ***** is ***************************** partner. ******, is my boss, the owner of All Bay Solar. Sunpower is the corporation that supplies us with their solar panels. We are an elite dealer/installer for Sunpower. There is another ******, too. His name shows up in the emails. He is ************************* (aka CT). 

   

  For what its worth, I have done my best to compile an accurate record/timetable of the events. And, Im more than happy to provide more email chains to help hash out the sequence of events if it seems inaccurate. 

   

  Thanks for having a look. 

   

  Timeline: 

   

  3/19/2022 Contract Signed for 28 360 watt panels with ***** week timeframe to complete installation (see attached)

   

  4/12 ******************* issues permit for 360 watt panel installation for 62 *********

  4/13 ******************* issues permit for 360 watt panel installation for 60 *********

  ** At this point, we have an order in for enough 360 watt panels to cover Patrickss installation. We plan to schedule an installation date and pick up the permits  . . . 

   

  4/18 email We contact ******* and ***** to let them know permits have been issued to do the solar work (though, I dont know that we have picked them up and paid for them, yet). We let them know that we're ready to get them scheduled. However, there are rains coming, and were not sure exactly when just, yet. They leave on vacation till beginning of May. 

   

  5/4 ******* and ***** let us know that they're back and wondering whats going on with their installation date.

  5/5 Per his inquiry and via email (see attached Email chain . . *** below), I let ******* know that I have worksheets and a copy of his contract for claiming the ****************** Tax Credit when the time comes. Thats something we send to our customers at the beginning of the year to help them with their taxes. (I only included this note in the timeline because this is one of his complaints against us).

   

  Last week of ******* receive news from our regional sales manager that were not going to receive hundreds of the 360 watt panels that we have been waiting on. We are informed that the panel has been discontinued by SunPower due to supply chain issues. To make up for it, we are given the same pricing for the new 425 watt panels that Sunpower has decided to continue manufacturing with the limited material supplies that they supposedly DO have. We are advised to switch our customers to the 425 watt panels. 

   

  6/1 I write an email to ******* and ***** informing them of the situation. They are gracious, and agree to switch to the 24 of the 425 watt M series panels after a healthy discussion of what that means. 

  6/2 A revised contract is requested by me for ****** to create. Though, it has since been voided, this is the date that I requested a new contract be created for ***************************. Heres is the requested revision and *** of email to ******:

   

  6/5-6/11 Though I dont have a signed copy of it, the email chain confirms that the new contract did get signed. 

   

   

   

   

  6/16 Following a 6/11 email to set up a site visit to confirm new site plan will work, ***************************, the owner, goes to home to confirm installation logistics for 425 watt panel installation. He is late, as he is coming from another site visit, but he does finally make it, and the logistics of the installation are confirmed. We move forward with permitting and ordering equipment.

   

  6/24 ******************* approves permit for installing 12 of the 425 watt panel installation for 60 *********.

  7/25 ******************* required more revisions for this permit, but eventually approves revisions and issues permit for installing 12 of the 425 watt panels for 62 *********. 

  **Please note, our contract with ******* is for 24 panels for 60 & 62 *********, but the panels are evenly split for permitting between 60 and 62 ********* (12 each). 

   

  ===========================

   

  Thats the context for what occurs next . . .  ******* decides to get a lawyer to do his business rather than continue communicating with us. 

   

  7/29 I receive a text from ****** letting me know that we have just received word from our Regional Sales Manager that over 600 425 watt panels that were expecting to receive from Sunpower any day  . . . are not coming. He says we may get some in November, but the bulk of the order will not ship until mid-December (incidentally, that date just got pushed to mid-January just yesterday 9/26). 

  ******** and I schedule an emergency meeting to figure out how to handle the situation. We have over ********************************************************************* time to install them according to our contract dates. Early the next week, once were confident we will be able to get a hold of Sunpowers 410 watt A Series panels that we would now be offering as an alternative to waiting for the 425 watt panels to arrive, we start contacting our customers. I created the following email to explain whats happening and offer an alternative:

   

  8/3 (7:37 am)  I send the attached email to *******, and a few others that had been waiting the longest for panels. Here is what I wrote:

   

   

  8/3 (4:02 pm) By the end of the same day, I receive an email from ******** lawyer, *******************************, accusing All Bay Solar of bait and switch tactics. ******* also uses the time to eviscerate us in a very distorted Yelp review that, amongst other things, accused All Bay Solar of using bait and switch tactics to sell solar panels. I was shocked at the response, and how quickly it happened. See attached email from ************************* and my response on behalf of All Bay Solar:

   

  **One line in the *** is not perfect, thats why Ive attached this screen shot so that you can read the part that is obscured by a page break. 

  

   

   

  For my part, I just dont understand what he read in my email that set him off to this extent. As a company, our communications with ******* and ***** have been consistent, respectful, and timely. I totally understand his frustration, but I dont understand why he felt a need to threaten us with a lawsuit, and ultimately try to ruin our good name by writing terrible reviews on our company. We were just trying to offer a solid option for our customers. He shows no compassion or understanding for the fact that there is a global supply chain issue or the fact that All Bay Solar is a victim of that, too. Having to renegotiate over 40 contracts is brutal for a small business like ours.

   

  8/4 I wrote my response to *************************, ******** lawyer, and I was able to get on a phone call with *****, not *******, and he let me know his clients demands. 

  8/8 I again speak to *****, to let him know that I have been okayed to use 28 360 watt panels that were being stored for another job that is currently delayed and under construction. This was only done because of the threat of a lawsuit. And we have had to renegotiate that contract since. The terms of the contract were hashed out by ***** and myself, and the new contract was signed by ******* the following day. 

  8/9 New, contract signed. Its the same contract as original contract for 28 360 watt panels with a new time period for installation. 

   

  8/11 New Revised permit for 360 watt panels is approved by city for 60 ********* (14 360 watt panels)

  8/11 Installation begins at 60 *********, with prep for 62 *********. 

   

  8/12  New Revised permit for 360 watt panels is approved by city for 60 ********* (14 360 watt panels)

  8/12 Installation is completed for both 60 and 62 *********. 

   

  8/19 Both units pass inspection! 

  **Not that it mattered, but coincidentally, this is exactly 5 months/20 weeks since the date the original contract was signed. The new contract that was signed on 8/9 said we would complete the project through the point of inspection in two weeks time. We did so in 10 days. 

   

  **There was a hiccup, though, Unit 62 has passed inspection under the 425 watt permit. Unwittingly, or accidentally, we provided the wrong permit number for the inspection when we applied for inspection. That was a clerical error that has since been corrected by us with the building department. I believe the problem has been resolved as we are now in the process of submitting part 2 of the submission process for 62 *********.

   

  Attached ***s of email correspondence (original proposal & key chain of events):

   

   

  ================

   

  I hope this timeline and the attached ***s of the important emails help elucidate the reality of what has gone on with our solar installation for ***************************. We totally understand why ******* was upset. Our point is that we were caught in the middle of a really bad situation. Sunpower, and our Regional Sales Manager at Sunpower, did nothing to help us understand that the production of their 360 watt panels would be terminated. Those were our number one selling panels by far, and nothing like that had happened to us before. Next, Sunpower started pushing the shipment dates back on us, like two to three weeks at a time. We were still receiving panels, but only a trickle compared to normal operations. At that point, we started to worry about our contract timelines, because previously we would receive panels like clockwork, within 3-5 days. We based our contract schedules on that reality. As a result, we decided to really start pushing Sunpower, pretty much every other day, to get our panels. After several weeks of no concrete responses, we received notice from Sunpower that we wouldnt get our next big shipment until December. 

   

  We have been working backwards ever since, trying to make good with all of our customers. Two thirds of our customers elected to switch to the 410 watt panels that we offered . . . along with an added 25 year warranty that All Bay Solar created to cover labor just like Sunpowers Complete Confidence warranty. This has been a huge financial and time strain on all of us. 

   

  I hope its obvious that the bait & switch claim by ******* and his lawyer is bogus. We would not have prepared and paid for permits for solar projects we did not intend to install. Our intention was to do the work. Regrettably, and I do understand the frustration on the part of *******, Sunpower twice failed to provide us with panels we had ordered.  In fact with the 425 watt panels that we originally tried to switch ******* to, we just received another delay . . . instead of a December shipment date, they just told us January. Personally, I have had to renegotiate 30 of our contracts because of our delayed shipments, which has been brutal. However, ******* is the only customer that has not been understanding. 

   

  So, thank you for taking the time to read the email chains; especially, the one I sent to my customers regarding the delayed shipment of the 425 watt panels. I feel like you can judge or companys intent as an ethical installer based on that alone. We are trying to provide the best possible products for our customers, and were taking a loss on a lot of the contracts in order to keep our clients happy. Bad reviews really do kill a small company like ours in a very competitive solar market, so we tend to bend over backwards to make sure we leave all of our customers content with the service that has been provided.

   

  ==================

   

  Here are the other concerns that ******* has alleged we did not provide. Each with an explanation of how the services are delivered to our customers. As you will read, we dont offer all of the services he is requesting, but were happy to help all of our customers understand our products, and we are always available to answer questions.

   

   

  ********* claims we did not offer any assistance in completing forms for rebates/Incentives or Tax Credit Programs. Thats not true. Please see the 5/5 email. From the beginning of our discussions, clients are made aware that they will be getting a 26% (now 30%) tax credit via the ****************** Tax Credit. It is a line item tax credit that we are happy to help our clients apply for when tax season arrives. I have a worksheet we send to our clients. 

   

  1) Warranties Sunpowers warranty begins when the system is commissioned. Meaning, once the panel are installed and production is being monitored effectively, the warranty begins. Both units 60 and 62 have monitoring installed already and they have been commissioned. We are now in the process of getting the clients signed up for Net Metering 2.0 (the solar rate plan). Once PGE grants permission to operate under Net Metering 2.0, the panels will be turned on, and the warranties will be in effect. The documents for warranty were sent to our clients along with our solar proposal. I am 100% available for my clients and would have been happy to explain the way the warranties work again. In fact, I am still 100% available to both ******* and ************* 

   

  2) ***************** systems There is no manual that we share with our clients. This is a solar installation. The clients are supposed to call us if there is a problem. In the email that we send with our proposals, we send technical specifications for the panels and microinverters along with an explanation of the Sunpower warranty. The main thing a client needs to understand how to use is the monitoring system. We walk them through how to sign in and access the monitoring for using computers and/or phone apps. 

   

  3) ****** Agreements during warranty period There is no service agreement. The Sunpower warranty is called a complete confidence warranty, and it covers parts and labor. The whole pitch as a Sunpower consultant is the complete confidence warranty. It is unique amongst solar installers. All Bay Solar becomes the ******* of our clients system. All the client has to do is call us, and we will come and address any problems their system may have developed at no cost. Thats one of the reasons ******* is accusing us of bait and switch tactics. He felt we sold him on Sunpowers Complete Confidence" warranty, then tried to get him to switch to an Enphase platform with Sunpowers A series 410 watt panels that didnt have the same provisions. Again, though, thats why All Bay Solar offered a 25 year labor warranty with the 410 watt panels that we were offering as an option to waiting for the 425 watt panels. We were going above and beyond to keep the terms the same for our customers that chose to make the switch to the 410 watt panels.

   

  4) Copies of permits and any supporting information As ******* knows, this is public information. We do not offer copies of the permits to any of our customers, but have always been willing to provide them when requested. Were happy to do so now, but why, he already knows how to check them. 

   

  **Contractor is also attempting to bully and badger us into removing online reviews and BBB complaint: please see this attached email that would be our best effort at bullying or badgering. We do not deny requesting that the complaints and reviews be removed, but I feel we were definitely polite and respectful in our requests. 

  ============================t

   

  There are more email chains, but I feel Ive already included too much information for you. 

   

  If necessary, please let me know what items you would like more information for. Ill do my best to provide it. 

   

  Thanks for taking the time to consider our response. 

   

  Sincerely, 

   

  ******

   

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

  All Bay Solar Construction, ****

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

  CSLB #******

   

  ==============================

   

  Response from ***************************, President and Owner of All Bay Solar

   

  We did not install the solar system because of the lawyer's threats. We installed it because we were able to switch panels reserved for one of our construction developers to a different model. These homes are under construction and have more time before panels can be put into operation. These contracts have been signed since last year or early this year. I wished I had control of the supply chain and had the solar panels installed on all of my customer's roofs. 

   The email sent out by *************************, the sales consultant to *******, clearly explained that the option to switch solar panels again was due to our concerns that Sunpower will not be able to meet the delivery date and that in fact the order was being delayed even more. The solution provided was better than the original panels. The only difference was the 25 year power production warranty. This is only offered by sunpower. The panel and the micro inverter are branded under Sunpower Equinox 25 year warranty. Sunpower micro inverter is made by Enphase. Our option included a 410w Sunpower panel(better than 360w panel) and an Enphase micro inverter( same as Sunpower AC 360 or 425 Sunpower panel). We went a step further and offer the 25 year All bay Solar production warranty free parts and labor. Again, this was just an option presented to ******* because we wanted to be proactive on dealing with the equipment supply issues. Unfortunately, there is a worldwide problem with the supply chain and it has impacted our industry as well. ******* had the option to wait for the 425w panels or just cancel the contract. 

  Residential solar systems do not come with operation manuals. Homeowners should not try to manipulate the system in any way. It should only be serviced by qualified people. They have been told to reach out to All Bay Solar if there is any issue with their system. During the sales process, customers are informed that we will be installing a monitoring system which will give them access to see the status of their solar system components. The monitoring access was sent a day after installation was completed. Homeowner confirmed they had access and were able to see the data. The system is not required to be serviced unless a solar component goes bad. This will show on the online app given to the homeowner.

  All records in ************* are public and accessible online. ******* states that according to the building department website, permits were finalized on the wrong permit cards. This proves that ******* is aware of records accessibility and availability is online in San francisco. Obviously, there were multiple permits for each apartment and thank god we did not cancel the 360w panel permit. otherwise, we would have to re apply again with a 3-6 week waiting time to get approved. We have requested for the cancellation of the 425 watt panel permit for both units. The 60 ********* permit is cancelled and waiting on the 62 ********* to be cancelled. All Bay Solar never tried to bully/*************************** into removing his bad reviews. As a business, we have the right to mitigate unforeseen issues and ask to kindly remove the bad reviews. The system was installed and it is operational. ******* has not submitted his final payment as stated on the contract. I am not to worry about it because I know we have acted in a very honest and professional way even after *******'s desire to ruin our reputation. I still have faith that ******* will realize that we never tried to "bait and switch tactics". This is my first time hearing this phrase but I'm happy to learn something new. All these changes have cost All Bay Solar time and money in the thousands. I do not believe any business will benefit for doing "bait and switch tactics" when it will cost them time, money and bad reviews.

  Sincerely,

  ******

   

  Best Regards,

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

  President and Owner

  All Bay Solar Construction ****

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

   

   

   

   

   

   

  Customer response

  10/03/2022

   
  Complaint: 17667802
  
  I am rejecting this response because:

  What we find interesting in All Bays responses to date is that they take no responsibility for the relationship that exists between its customer and themselves.  In the past they have attempted to play the martyr by blaming this situation on SunPower (their preferred supplier) excuses including failing to honor established delivery timelines/commitments.  From what we can interpret from ******************** email of August 12th, he appears to make inferences indicating that is issue is occurring out of some sort of .corporate greed.   If All Bay wishes to press this matter further,we have no problem with forwarding all of ****** emails/remarks regarding SunPower to ***********************, CEO of SunPower, for his comments.    
  In another attempt to deflect responsibility from themselves they are now blaming the us, the customer!  Here is the reality check:
  They entered a contract for the installation of 360-watt panels using their vendor, their timeline, their contract.
  We were informed just prior end of the installation timeline that the 360-watt panels were no longer available (emphasis added).At this point we were informed that the 425-watt panels were readily available and were promised that these panels could be installed within a four-to-eight-week period.Once again, the new timeline for substituted 425-watt panels was established/promised by All Bay. All Bay drafted a new contract to reflect the revised understanding.
  On 8/3/2022 (shortly before the end of the revised installation timeline for the 425-watt panels), we were informed that the 425-watt panels would not be available for several months (Mid December at the earliest)-with a possibility of it being even longer. However, All Bay was now willing to substitute the panels with a third panel-410-watt, option which was now readily available.Since it had only been a few weeks since All Bay had confirmed and promised that they could supply and install the 425-watt panels within a timeline that they established-and now could not honor, we felt it was necessary to retain legal assistance.This situation was becoming of particular concern to us since it is our understanding that PG&E about to change its rate structure regarding solar panels.This change could change the economics of installing solar panels in our opinion in addition to losing better solar farming capabilities during the Spring/Summer and Fall periods.
  After hiring an Attorney, the 360-watt panels, that we were informed were not being manufactured or available were somehow obtained by All Bay.
  A third contract was entered into with All Bay on 8/9/2022 for the installation of the 360-watt panels within one to two weeks of the execution of their contract.
  We were surprised two days later when All Bays installation crew arrived to install the panels for the following reasons:
  Contract:
  Indicated that work would begin the following week.(Page 1, Section 1, entitled Scope of Work and Time Frame.
  In All Bays Contract was a Solar Energy System Disclosure Document pursuant to ******************** section 7169.Within this document was a State mandated provision of the Business Professions Code (BPC) section **** indicating that we had a right to cancel the contract within a three-day period, since All Bay was beginning work on the second day we were confused since we had not waived our rights under this provision.This provision is so important that is also indicated on page 2, section I(B) of All Bays contract.
  Notification/Site prep:
  All ******** no effort to:
  Inform us that installation would commence on 8/11 at 8:00 AM or that they would be blocking our driveway for the next two days.
  No arrangements were made for a bathroom or port-a-potty for their installation crew.
  No arrangement was made for the overnight storage of panels that been delivered on 8/11.We were informed that we were responsible for these items and had them reluctantly placed in our backyard.
  Debris was left on the roof from the installation, which we removed.In addition, both our neighbors and our garbage carts were used to dispose of debris.
  All Bay pulled multiple permits with the City for the various different panels that they contracted to install.Unfortunately, this caused All Bay some confusion when All Bay scheduled for final inspection/approval of the panels.The previously mentioned confusion resulted in the wrong permit being approved, while the permit for the panels that were installed remained open and unapproved.We, as the customer, had to point out this issue to All Bay for this to be corrected.
  We could point more examples of All ***************, i.e.,missed scheduled appointments etc., but we believe made our case.  We as a customer have met our obligations under any standard, in fact we have exceeded them.  To show good faith we initially worked with All Bay when they indicated supply issues and even wired funds to All Bays account.   We should not have to hire (nor incur the addition the expense/aggravation) an Attorney to go the previously mentioned matter nor should we badgered/ridiculed by All Bay for placing online Consumer Reviews.
  
  Sincerely,
  
  *************************** and *****************

  
  
  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. ↩