ComplaintsforTopper Factory Inc, The

• Initial Complaint

  07/25/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Resolved

  More info

  On 02/15/22, I deposited $200 for Leer Topper from The Topper Factory, Inc.; on 03/26 paid the remainder of the $2431.76 purchase price and topper installed. On 04/18 I notified ***************** the topper was defective, the seal was not installed properly, and it leaked. On 04/20 notified Beau that topper scratched after taking it through carwash. President *************** replied that I was not supposed to have washed topper for 90 days and referred me to owner's manual, which says the topper is never to be taken through high pressure car wash and can never be dried with any cloth or chamois because of paint damage, and because door seal will not withstand high pressure wash. There is no commercial car wash that is not high pressure, 90 days unreasonable. New seal installed 06/28. On 06/29 I retuned to TF because I had camped in truck and saw that topper could not be closed from inside. Tried to close it with emergency handle but it broke. Said topper could not be closed from inside, referred me to Leer. 07/18 emailed Jan telling her topper was not fit for intended purposes & requested exchange for topper that could be closed, no reply. 07/21, spoke with Leer Warranty Manager, Twan Sysergchanh, who said he would speak with TF and call me back by morning of 07/22. He didn't. Late afternoon on 07/22, I tried to call Twan and after holding for 22 minutes was told he was moving offices and not available. What is now called a Topper used to be called a camper shell, and they are intended for camping, but when I camped in it I had to leave the door open because it could not be closed from inside, which is not safe and invites people and animals to enter. Section ***** of the Uniform Commercial Code says there is an implied warranty on sale of all goods that they are fit for their intended purposes, and this topper is not because it cannot be closed from inside and can never be taken through any car wash, they are all high pressure. Have travelled 900 miles. ******** or full refund.

  Business response

  07/26/2022

   Please see our respoince in the provided attachment. 
  

  Customer response

  07/26/2022

   
  Complaint: 17612936
  
  I am rejecting this response because:
  

  
  

  Ms. ***** second paragraph is false and irrelevant. I notified of defective seal on 04/18/2022 and sent photos. Seal did not arrive until 05/07. Their first available appointment was two weeks out. I had to reschedule because I was very sick due to chemotherapy, and since they were rescheduling one month out, I coordinated with a medical appointment to ****** because it is a 450 mile round trip from my home to The Topper Factory, Inc. (TF), so it is simply false that I cancelled and delayed for over two months. I see now the problem was that ************ wanted to be there but rarely goes into office. Ms. ***** claim that two employees verbally told me that the topper could not be wiped or taken through commercial carwash for 90 days is blatantly false. The Owners Manual also states: After 90 days, wash and was your cap or tonneau regularly Make sure to wash your LEER in a shaded area using cool water and a mild detergent; and Do not subject the windows of your LEER cap to the direct force of high-pressure commercial car washes or pressure washers. Windows are not warranted against leaks under the pressure of such equipment. Ms. ***** comments are irrelevant because ***** of the *** requires that products be fit for a particular purpose as of the date of sale, not 90 days in the future. All commercial car washes are high pressure, and it is not possible to hand wash vehicles and toppers at apartments or mobile home parks, so prohibiting commercial carwashes for 90 days AND THEREAFTER renders this topper unfit for its particular purpose. Pursuant to 2-317(c) of the ***, Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose. So, neither TF nor LEER can simply void this implied warranty by saying dont wash the topper for 90 days.

   

  Ms. ***** third paragraph is incorrect. According to Wikipedia, toppers are more commonly known as camper shells, and they were originally designed for camping. It usually covers the entire bed of the pickup truck, and is large enough to be used for camping purposes, thus making the vehicle an RV... LEERs website also states: We know that truck owners may wear many hats, and the 100XR goes from work to play. The window options provide a secure, tight seal to protect from the elements when closed or great ventilation for pets or activities such as overnight camping [emphasis added] when open. This specifically refers to the windows being open for ventilation, thereby necessarily implying that the topper door itself would be closed. The fact that it cannot be closed from the inside is precisely what renders it unfit for its original and ongoing particular purpose of camping. It is unsafe to sleep with the topper door wide open, as it invites people, animals, insects, and precipitation to enter. *****, who replaced seal, saw the broken emergency release handle and knows what piece needs to be replaced. I have not sent photo because the fact that the door cannot be closed from the inside supersedes all other defects that must be resolved. I live too far to be making repeated trips for one defect after another.

   

  Ms. ***** fourth paragraph is false and irrelevant. I communicated with GM ************************* and ***************** only in reply to their emails. Regarding her fifth paragraph, I called the number Beau emailed me at Jasons request and spoke with LEER Warranty Manager ******************************* who said LEER had sold topper to TF, so its TFs problem. He advised me to modify topper, but warranty says modifications void warranty, and I wouldnt know how to modify it. He said he would communicate with TF regarding resolution but could not get through to them. TF and Leer are pointing the finger at each other, and TF is avoiding communication with both LEER and me. I paid TF for topper, TF installed it, and ************ acknowledged TF is an agent for LEER but says, we will work with Leer and Leer along, but that is not an option. TF is legally obligated to work with me or become a Defendant in a lawsuit.

  
  

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

  Business response

  07/28/2022

  We contacted and worked with Leer regarding the request on behalf of the customer. The customer is to take the ******************** to a different dealer, ***** Toppers & Rhino Lining, to have the unit removed from her truck. Once the topper is in the dealer's hands, Leer will issue an RMA for a refund to us concerning this unit. Once we have the **** we will send the customer a full refund via a mailed check. We will not be replacing or ordering the customer a new ********************.

  Customer response

  07/28/2022

   
  Complaint: 17612936
  
  I am rejecting this response because:
  

  This solution leaves me without a topper of any kind or the money for at least 30 days, which is not acceptable; and since there is an extensive wait from when a topper is ordered to when it is received, this effectively leaves me without a topper for the remainder of the summer, which is also not acceptable. When ************ called me this afternoon with the same response she has filed herein, I asked her to confirm that they were not going to replace the topper with one that could be closed from the inside, she very rudely said, NO! We don't want to do business with you and neither do they [LEER]!". Not only is this the most unprofessional response imaginable, but it is also not an option. She accepted my money for the topper and is, therefore, OBLIGATED TO DO BUSINESS WITH ME! Also, **************** and whomever she spoke with at LEER's having involved a third party ****** Toppers) and defamed me as a customer to that dealer eliminates then as a place for me to purchase another topper by another maker.  It further constitutes Defamation of Character, which is a Tort, which subjects ************ and LEER's representative to further legal liability. If **************** preferred solution is to issue me a full refund for the topper, then I will return it to The Topper Factory, Inc. in Pueblo where I purchased it, and she can issue me a full refund right then and there.  I am not going to wait 30 days or however long it takes for me to be able to schedule an appointment with ***** Toppers plus however long she chooses to withhold the refund. She has shown herself to be extremely unprofessional and an extremely poor agent for LEER. 

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

  Business response

  07/29/2022

  Arrangements have been made for the customer to return the ********************. Again, we will not be ordering a replacement. A check for a full refund has been prepared for when the unit is returned. Customer has agreed to these terms in writing. 

  Customer response

  08/01/2022

   
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me, ASSUMING ***** Toppers actually has a full refund check for me when I return the topper to them during the appointment presently scheduled for August 4.
  
  Sincerely,
  
  *****************************

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