ComplaintsforRocky Top Resources Inc

• Initial Complaint

  11/18/2022

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Answered

  More info

  ---Original Message-----From: ***************************** <************************> Sent: Thursday, October 6, 2022 2:16 PM To: Info <*******************************>Subject: Damage to my property and request for repairs Sir,1) I was never made aware that your driver might damage my driveway upon delivery of materials purchased from you,2) I was not asked by your driver where U wanted the materials were to be dumped,3) your driver had already driven onto to my driveway without informing me of the possible damage he would cause,4) your driver never asked me for permission to drive into my driveway 5) had I been advised if the above, I would face thought twice about letting him drive his huge truck on my driveway,6) your driver could have dumped the rocks on the concrete of the driveway without driving his truck on my driveway by staying on the road and dumping the materials. This would not have cracked my driveway 7) your truck left multiple oil stains on my driveway 8) your so called disclaimer does not allow your driver to drop oil stains on the concrete,9) I thought that as good business practice you would want to make things right as a result of negligence on the part of your driver,10) You should also let your customers know ahead of time that by accepting delivery of materials, they also accept property waiver.None of this was done on your part and when I asked your driver what I was signing, he never mentioned the waiver and only said that I was accepting delivery and NOTHING ELSE.I want to resolve this in an amicable way and for you to come and assess for yourself the damages caused by your driver.My copy of the order is NOT signed by **** hope that you will find good business reason to right a wrong and that we do not have to resolve this on a court of law. Sincerely yours,***************************** I sent this email to Rocky Top Resources in an effort to resolve this issue amicably following the damages caused by their driver. I had to replace my concrete slab in order to avoid liability should someone or child trips and hurt themselves on Halloween night.

  

  Business response

  11/29/2022

  Rocky Top's response is on the attached word document.  Thank you.

  Customer response

  12/06/2022

   

  I read their answer and its a lie. If the oil stains were not caused by their truck, 1) why are the stains directly in the path of where their truck dumped the rocks and 2) why they agreed to cls. said stains when they came to inspect? Furthermore, the fact that I signed the delivery form was just that: to accept delivery of the rocks and NOT to waive my life away. As I stated, I was NEVER made aware that there was a damage waiver not by the salesperson who took the order and deliver instructions not by the driver who by the time he gave me the receipt to sign had ALREADY driven onto my driver WITHOUT my knowledge or agreement. I by would I sign the waiver if I knew of the potential damage their truck would cause to my driveway.

  Even after the fact, I suggested to the ** of that company who came to inspect the BROKEN and not just cracked slab that I am willing to split the cost of repairs or replacement of the slab in half and pay 50% of the cost upon invoice. It was a gesture of good faith on my part and they a big greedy company refused my good faith offer.

  I will pursue legal action with your help.

  Thank you

  
  Complaint: 18436892
  
  I am rejecting this response because:
  
  Sincerely,
  
  *****************************

  

  Business response

  12/12/2022

  Attached is the requested attachment that was on the first response.  Thank you.

   

  Hey AjaDae,

   

  As we discussed on the phone, after I sent the original attachment over, the BBB system didnt let me respond to her secondary response.  Here is our secondary response to hers:

   

  I'm sorry, we are not lying.  In regards to the oil stains, as was stated before, the oil stains were in a path going into and out of the yard (perpendicular to the yard), where our truck delivered parallel to the yard.  Also as was stated before, when we came to assess your complaints, we offered to try to help clean up some of the oil stains since we were already there, and had the ability to do so, to try to help out not because it was our fault, which we clearly stated to you.  As was stated before, when you signed the delivery ticket, you acknowledged that you agree to the Property Damage Waiver, which states that you assume all responsibility for any damage that *** occur to your property, with the driveway being specifically listed on that clause.  I'm sorry that it appears you did not read the few sentences associated with what you signed, but your decision to not read them does not mean you were never made aware.   Again, we did not drive on your property prior to getting your signature.  Our driver parked on the street, got out of his truck, and met up with you to get your signatures and go over where you wanted it dumped, prior to driving on your property.   

   

   

  Thank you,

   

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

  Rocky Top Resources

  

  Business response

  12/14/2022

  Ma'am, nothing was hidden from you.  Once again, there are two delivery ticket copies when we arrive, one for you to keep and one for us to return with that has your signature, printed name, initials, and date.  The copy you have is for your records.  We also attach your credit card receipt to your copy, which is the only thing I can think of that you are trying to claim "hid" the paragraph of the property damage waiver.  However, that copy is not the copy you signed.  The other delivery ticket, which is the one you signed, printed your name on, initialed, and dated, is the exact same one-page delivery ticket with nothing else attached to it.  Nothing was hidden.  We never said the driveway wasn't damaged -- as we stated before, we are not responsible for driveway damage due to the reasons stated previously.  

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