ComplaintsforTop Notch Cabinetry

• Initial Complaint

  05/07/2024

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  In August 2023, I met with Victoria Mae Uline to create a kitchen design and quote for my condo located at ***********************************************. ********, **. She came HIGHLY recommended by realtor *********************. He advised he had known her since childhood, and was pleased with the work she had performed for him.The installers came on September 25, 2023, to install the already assembled and loosely wrapped cabinets. They identified the following issues:1.Three wrong-sized cabinets above the refrigerator, sink and far right 2.Two damaged upper cabinets from poor assembly 3.Existing damage to cabinets that included:A damaged 24-inch wide shelf ************** dropped while being brought inside my condo Screws coming through the sides on multiple cabinets 24 inch drawer replacement due to damaged drawer facing Split wood on the inside drawers due to improper assembling of the underneath glides 24 inch drawer replacement due to improper assembly Incorrectly installed underneath upper cabinet brackets Missing shelf clips ************** received the information (with photos). She advised she normally does the cabinet assembly but had not with my order and had not inspected them. She understood that these cabinets arrived damaged and offered to replace the damaged items ASAP. After delays, ************** agreed for me to speak with contractors or cabinet installers to get an unbiased opinion to resolve the matter. She disagreed with their consensus the cabinets should be removed/replaced and declined to provide her own licensed contractor to resolve this matter. Subsequently, she decided not to resolve the matter, citing (for the first time) an unsigned and not-dated contract.Additional information (txt messages etc.) can be provided as needed.The money ($5,605.20) I paid for the cabinets should be reimbursed to resolve this matter. In return, ************** can recover her unused cabinets.

  Business response

  05/08/2024

  Thank you for bringing this to our attention again, as we always strive to complete all customers projects to their expectations and liking.

  Please reference the attachment below in regards to this response. Outlined in our purchase agreement are terms that help to prevent misunderstandings with customers prior to them deciding to do business with TNC.

  For example, "Top Notch Cabinetry will provide an itemized invoice. Any further updates resulting in a price increase will result in the cost to the
  customer on the final invoice." When **** agreed to her layout and virtual design, then proceeded to place a deposit for all items in that design, that locked her in to those design choices. **** was also aware that once that final decision was made, that any further updates would result in a price change.

  On September 22nd the cabinets were then delivered and accepted by ***************, as she also paid her final payment at that time of delivery. On September 27th, **** made TNC aware of the problems referenced in her complaint. At this point **** had already had a company, not affiliated nor referred to by Victoria Uline, install her cabinetry. Although the purchase agreement states,  "Top Notch Cabinetry will require the attendance of the customer to accept materials at delivery. The customer will be required to sign a delivery agreement and report any unacceptable condition at the time of delivery. Any damage found after delivery will not be the responsibility of Top Notch Cabinetry." I made it clear to **** that I would still offer replacements for the items that had damage, even though that was not standard protocol due to the terms in the purchase agreement. In addition, the cabinets had already been handled and installed by a different company so TNC had no way to verify when and where the damage was incurred; however, in order to due their due diligence in leaving no customer unhappy, we looked past this fact and agreed to replacements. I did also understand that **** was not happy with the layout option she chose, however, layout changes are not covered so TNC did not offer to replace the given cabinets she didn't like (only the damaged materials). To add additional context, when **** was deciding between two layout options prior to placing the order, the alternative option she had and did not choose is what she now wanted. The last communication TNC had with **** was on November 21st were Victoria agreed to replace damaged items after getting confirmation from **** on the list. *************** never replied to nor followed up the email with any additional concerns prior to this BBB complaint. 

  In response to ****'s complaint that "(**************) declined to provide her own licensed contractor to resolve this matter". As you can see on the purchase agreement between **** and Top Notch Cabinetry, "Top Notch Cabinetry is not a license contractor entity therefore will not have any obligation to jobs requiring a license." In addition, an individual cannot hire a general contractor to facilitate construction on a property they do not own, for work they were never hired to do. *************** also lives in a condominium community with strict guidelines to use a licensed contractor. You'll see that **** was aware of this prior to ordering cabinets in the attached image of communication, and yet proceeded to have unlicensed handymen do the install. When I came to the property after the cabinets were installed and **** made me aware of her concerns, she had a notice to stop work on her door and made me aware that she could not continue any kind of work until she hired a licensed contractor. I was then told by **** to hold off on ordering any replacements until I heard back from **** that she had a contractor. She then reached out on November 20th (see attached email) stating completely different expectations that were never discussed nor agreed to. This includes giving TNC the responsibility of hiring a contractor and being responsible for payment to said contractor for installation. On November 21st I made it clear that her email was not coherent with our prior conversation and again offered her replacements to be delivered in an extremely timely manner, in which she never responded. 

  It is extremely unfortunate and disheartening to hear the frustration *************** has toward Top Notch Cabinetry. Due to the extent of this concern, Top Notch Cabinetry and Victoria Uline still remain willing to provide all damaged materials 1. Wall cabinet 18"Hx36"W, 2. 2 side panels for damage on both W2442 cabinets, 3. 2 replacement drawers 24" W, 4. 1 24" W shelf, 5. 2 missing shelf clips; however, will not be providing a reimbursement due to the reasons stated above. 

  Customer response

  05/13/2024

   
  Complaint: 21678522
  
  I am rejecting this response because:
  

  ************** never brought to my attention her companys policy that the merchandise must be inspected before being brought upstairs, or else they would have no responsibility for any damage found after deliver. The policy she is referring to was on an unsigned document. At no point was there any discussion, agreement, or signed paperwork regarding this matter. In addition, the cabinets were wrapped,preventing me from fully seeing them until they were unwrapped to be installed. The cabinets were poorly wrapped, with loose cardboard and shrink wrap hanging off of them. This haphazardness did not serve to protect my cabinets from any possible damage. As a matter of fact, ************** stumbled in the along the way and dropped a shelf, causing damage.
  
  All the damaged relating to do with any of these cabinets had NOTHING to with installation. It had EVERYTHING to do with poor assembly and poor handling. ************** acknowledged she normally assembles and inspects the cabinets before delivery, but stated her team did not assemble these cabinets nor did she inspect them before delivery. She stated she had no idea of the incompetent work the assemblers had done, stating they must have been blind.  I was there at my condo while the installers conveyed all the damages immediately to ************* through text and photos to verify this previous damage. Whomever ************** chose to assemble my cabinets did not have the necessary skills to do so. Interestingly, if these assembly folks were on the up and up  ************** should have had some recourse from them to replace the damaged cabinets.
  
  On October 3, ************** came to my condo to assess the situation for the first time. We discussed upper cabinets would need to be replaced due to unevenness and damage, along with some of the drawers for various reasons. We both agreed, there were two drawers that needed replacing, along with the shelf ************** damaged,and missing shelf clips that were never delivered. Furthermore, we agreed I would come up with an unbiased solution through talking with either other cabinet shops or contractors to get their opinions. The contractors consensus was that the upper 5 cabinets had to be replaced to correct the unevenness and as well as damage to some. Importantly noting, all the upper cabinets had to be lowered to correct the design error. There is an obvious slant on 3 of the upper cabinets,varying upwards of 1 inch from one side to the other. The remaining outer 2 upper cabinets that are above the bar countertop must also be replaced due to unacceptable assembly damage as well as they would need to be shortened while lowering to match the remaining other 3 upper cabinets. The current size of all but 1 of the 5 cabinets does not have the necessary spacing to be lowered any further (as originally stated, ************** performed the measurements and recommended the size cabinets to order). However, because the color lots will most likely have changed since the time being order. Even being white they can vary in shades within a couple of months.  The only option with certainty would be to replace the 5 upper cabinets as several months have passed.
  
  In all my attempts, not one licensed person was willing to get in the middle of correcting all the cabinet issues. They did not want to be liable for any further damage that might occur due to the unpredictability of tearing apart to replace existing cabinets. Understandably, they were only willing to get involved if they could remove and replace all the current cabinets.
  Considering all the information provided to me, I know that I will need to be reimbursed for my cabinets in order to move on and hire a licensed contractor. If ************** wants these cabinets, she can make arrangements.
  
  It is my opinion, if monetary gain had not been a bigger influence to *************, she would have been more than willing from the start to show what she could do to make things right. This is the normal protocol for any reputable business owner. Several months later, this continues to be an ongoing costly event for me on many levels. My kitchen is still in shambles and remains inoperable to this day.

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

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