ComplaintsforFloors Come True, Inc.

• Initial Complaint

  08/23/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  07/15 Customer places order for **** Channeling Canvas carpet with Floors Come True, Inc. (retailer &installer); $1500 deposit provided by ***********/***********************, deposits $1500 from customer. 08/14 ******************** installed **** Channeling Canvas carpet in customers basement. Installer created dozens of black grease and oil stains (from tools?) all throughout the carpet. Customer asked for stains to be removed. Installer attempted to remove stains by scrubbing carpet, using dish soap and maybe other products not observed by customer. Installer stated stained areas would dried overnight and carpet would appear clean next day. As installer concluded the work, customer noted staining and misalignment of carpet on one edge on the certificate of completion document provided by Floors Come True, Inc.. Customer provided 50% of balance due, as carpet was misaligned in one area and stained throughout. 08/15 The next morning, customer observed all carpet stains remained. Additionally, upon closer observation, customer noted multiple chips and gouges on all baseboards, on door moldings and on walls from carpet installation process. Due to stained carpet and home property damage, customer canceled installment check to installer. 08/16 Floors Come True, Inc. remedied misaligned carpet edge and left additional carpet stains in area being remedied.08/16 through 08/23 Customer and ******************** have corresponded multiple times via email to remedy stains and property damage to home. Floors Come True, Inc. has not returned customer voicemail or answered phone calls. Floors Come True **** states they will attempt cleaning after collecting full payment for stained carpet and for property damage created. Floors Come True, Inc. has received a $1500 deposit to date, deposited on 07/27 as noted above. Floors Come True, Inc. threatens customer with lien customers home and collections. Customer states in email correspondence to Floors Come True, Inc., multiple times, full payment will be made to Floors Come True, Inc. when carpet staining is removed and property damage is remediated. If stains cannot be removed, carpet needs to be replaced. 08/19 Customer had two carpet cleaning agencies assess stains. Both cleaning agencies independently concluded through observation that stains were of grease and oil origin and stains are not removeable. 08/23 Because of the threats from Floors Come True, Inc. and the businesses inability to complete the job, customer is asking for help from ******************** to obtain resolution.

  

  Business response

  08/25/2023

  Floors Come True is following the agreed terms and conditions (attached)  of our agreement (attached) with the client.In fact, we have demonstrated flexibility, cooperation, and communication. Through this process we have done what we said we would do whether that was verbally or in writing. Inversely, the client has made a series of unilateral decisions and changes to our agreed terms both spoken and written.

  Our original agreement was for the carpet as customer indicated, but also included installation of a hard surface material in an adjacent area that the customer was to supply. We spent considerable time researching the clients selection and advising them on that part of the project as evidenced by the extensive notes on our original agreement about this area compared to the carpet portion of the agreement.
  

  On 8/3, the customer informed us that he would not be proceeding with that part of the project.  Per our agreement and terms, we are *********** 15% of the value of the cancelled services which would be fair compensation for the consulting on those areas that we provided.   We had been considering waiving that fee because even up until late in the evening of 8/15, it appeared client would be calling us back for that original hard surface work and was asking about other projects (upstairs hardwood, stairs,railings, etc.) for the intermediate future. Waiving that cancellation fee remains an option, but we reserve the right to enforce this portion of our agreement until a final resolution on all matters is reached.
  

  The installation did take place on 8/15 as noted. And as the installers were vacuuming the installation debris, several spots were noticed, and immediate cleaning attempts were made. Due to the color and shading of the carpet, we could not determine if the carpet was still soiled or simply appeared to be a slightly different shade due to being wet/damp.  Currently, we have not rendered any official opinion about the nature or source of the spots. Based on years of experience and countless yards of carpet experience, the installers believe the spots are cleanable.
  

  While we had a company representative present in addition to the installers the evening of 8/15 no communication was made about the customers plans to withhold payment. The only discussion of payment was when customer decided to change his payment method from cash to check and despite a special trip made by management to receive the cash, client was simply instructed to give the check (amount was in an email) to the installer at completion.  It was only after the installer left the property that management became aware of the partial payment that the customer tendered without any discussion with or approval.  The customer did sign a certificate of completion (attached) and on it we did indicate the minor punch list items which we would address.
  

  At that point the job was substantially complete and per our terms, payment of the remaining balance was due.  It is worth noting that if the customer had simply reached out and asked management if he could withhold even a few hundred dollars until after the spots were addressed, we would have agreed and we have subsequently offered such a solution.  We had already acknowledged the punch list items in the *** so we had every intention of addressing the items.  Late Monday (8/15) evening, client texted images of the spots and the edge of carpet that met a small section of tile.  
  

  By 8am the following morning (Tuesday 8/16), a plan was communicated to the client (attached)  that wed address the carpet edge that was the result of clients subfloor irregularities which, while not required for a carpet installation, we did address at NO COST to customer on Wednesday (8/17) morning and we had or own trusted carpet cleaning technician schedules for Thursday (8/18)morning and we just asked the remaining balance to be paid to our installer after the carpet edge was remedied.  Customer did not directly respond to that communication,but was home to allow our installation technician to make the touchups to the carpet edge.
  

  Again, it was only after the installer left Wednesday morning that we were aware that the remaining balance had not been collected.  It was shortly after that we attempted to deposit the partial payment client tendered on 8/15 and discovered the check had a stop payment order placed on it with no other communication to us about it by the client.  It was at this point (mid afternoon on 8/17) that we cancelled the carpet cleaning scheduled for 8/18 and reached out to the client about the matter. (Emails attached)
  

  In the early afternoon of 8/17 we were also informed by the ** that introduced this client to us that the client was ceasing communications with us. Despite that notice, we continued communication attempts that afternoon and through the week.(copies attached)
  

  We informed client that without payment (even offered a partial payment or amount to be withheld) we would not be sending the carpet cleaning technician. At this point, we have been keeping our commitments and the client has made unilateral decisions to withhold money/payments.Therefore, we had no reason to believe that client would pay at any point. And for that reason we did inform the client of our rights and potential paths we could take related to collection efforts.
  

  Despite the unilateral decisions by the client, we have offered several solutions to this situation.Those include offers for partial payments and more to be released after cleaning was successful or if we need to pursue a replacement claim under their stain warranty.  
  

  Client has offered no information/evidence about any professional opinions related to the stains or their cleanability or lack thereof.  We have no information if any cleaning was attempted or if they simply looked and said it cant be done.  Still, we reserve our first right to remedy and have OUR chosen technician attempt to remove the spots.  Additionally, that is a prerequisite to us filing an official manufacturers claim under their stain warranty (see point #5 on the link below)   We will gladly file and rigorously pursue a warranty claim if that is the proper thing to do. However, we must first make sure it isnt simply cleanable by our professional technician. We have made the manufacturer aware of the situation and will proceed and escalate as and when appropriate.
  

  This process is documented on Shaws website:  ***********************************************************(1)/frequently-asked-questions/warranty-faqs

  With respect to baseboard and paint scuffs, our terms (attached) clearly state that this is a risk and something that often cant be avoided and that we cannot not be responsible for. This is especially true with recently painted surfaces that have not fully cured due to the rough backing of carpet that must be stretched in place along these surfaces.  We had advised client that final painting should be done after the flooring is installed. That was even more important on the original agreement because after the hard surface installation additional shoe moulding would be installed (client was having his ** handle that) and that would need to be painted as well, so a painter return trip was always part of the plan.   We have been in touch with the ** and he has separately indicated that hed gladly handle the touch up and that it was always part of his plan.
  

  In summary, no threatshave been made by the company and while we consider the job substantially complete, we have not only the ability but also the willingness to address the clients remaining concern; some soiling on the carpet.  We agree that the carpet should be cleaned.That plan was in place and communicated to the client within 12 hours of our installers leaving his home.
  

  We have demonstrated our willingness and ability to honor our agreement throughout this exchange and repeat our proposed solution to the client through the BBB process. It was and continues to be our hope that this wouldnt turn into an exchange of ultimatums.Despite being on the receiving end of ultimatums and unilateral decisions/changes, we prefer to seek compromise and solutions.
  

  Assuming resolution prior to 9/1, we will agree waive the 15% cancellation fee (final and officially) on the hard surface, leaving a final balance due of $3547.90
  To follow this path to resolution, we ask that client pays $3000 towards the outstanding balance prior to 9/1/2023 and may hold back $547.90 until after the carpet cleaning is done. Once the requested payment is made, we will check on the first available and mutually acceptable appointment with our trusted carpet cleaning technician.
  

  If the carpet cleaning is not successful, we will then escalate the claim process with **** and client can continue to withhold the final $547.90 until that process is complete (e.g.carpet is replaced or otherwise remedied) It should be understood that while **** often completes their claim process based on photographs, they may request/require a visit by their own or an independent inspector.
  

  We will further agree hold off our collection efforts during this time and no additional penalties or late fees will be accessed and ask that the client indicate that this matter has been addressed to his satisfaction or withdraw the complaint entirely upon resolution.
  

  Upon mutually agreed terms/payments/results,we will also issue a notarized final waiver of lien that will indicate the payments received and agreed to.  

  Customer response

  08/30/2023

   
  Complaint: 20512611
  
  I am rejecting this response because: 

  Regardless of the response provided by the business owner, the simple fact remains, the business owner installed damaged, stained and unusable carpet in our home as well as causing extensive property damage to walls and baseboards. 
  
  The stains are from an unknown substance, they could be toxic for all we know. Our children are 6 months old, 2 years old and 3 years old who would normally play on carpet. We dont know what the short and long term consequences are of the exposure to an unknown substance contaminating the carpet is. 
  
  We demand the reimbursement for full carpet removal, the reimbursement of $1500 deposit, the cost of baseboard replacement and the cost of wall damage repair.

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

  

  Business response

  09/07/2023

  Clients updated demands are unreasonable and unfounded. The clients recent response indicates clients propensity to make demands and his unwillingness to work on this situation despite our efforts and a clear path we have given for resolution and no new information being presented for consideration. Additionally, the response demonstrates that the client has once again changed what he seeks as a resolution though no new information was presented to warrant any changes.

  Client has gone from agreeing to pay for the carpet to now demanding not only a refund of moneys paid but also additional compensation. This has been the trend of the clients unilateral attempts to change the spirit and express terms of our agreement. This is the same trend we cite as the primary reason we do not believe that even once the stain situation is remedied that client will pay the balance due and are requesting payment made based on the original terms of our agreement (or as otherwise mutually agreed*)

  Since this BBB complaint has been filed, client has also attempted to circumvent the manufacturer stain warranty claim process by filing a claim directly with *********   While we will not speak directly for ****, that consumer-direct claim attempt was denied because: a) no proof of professional cleaning attempt was given, b) no paid invoice from the retailer (us) was provided, and c) client cited non-material facts that are not only irrelevant to a manufacturer stain claim but have already been handled by us already.

  At no time have we said that we wouldnt file a manufacturer claim if it is warranted.  We made **** aware of the situation within 24 hours of the original installation.  Once the balance* (or other agreed amount*) is paid we will continue along the appropriate path to include scheduling our carpet cleaner to perform the necessary cleaning attempt, and if that is unsuccessful, we will continue with the manufacturer claim process.

  Despite the clients attempt to circumvent the established process, we have a very strong relationship with our manufacturer partners and they continue to be in touch with us on this matter. In fact, based on conversations weve had with the manufacturer, we have increased our already high degree of confidence that the stains are cleanable by our trusted professional cleaning partner.
  

  Additionally, upon further internal conversations and conversations with industry peers and the manufacturer, we do not believe the stains were caused by the installers but may have come from the mill. And while these conversations are not intended to be evidence or assign blame or to definitely state the cause and/or nature of the stains, they do give us additional confidences that we are following the proper course.

  Our position remains the same that we are attempting to exercise our right to cure the defect that has been pointed out by client and acknowledged by us according to the terms and conditions of our agreement.
  

  While client may have his own opinions, we did not use any dangerous unknown substances (dish soap and carpet cleaner) and based on our knowledge, experience, and conversations with **** nothing left over from the manufacturing process should be considered a dangerous contaminant.

  The matters related to the alleged damage and touchup have already been responded to in previous response,no additional information to be provided in this second response.

  *Because the original communicated timeline/goal for resolution of 9/1/23 has passed, we will re-evaluate this amount and communicate directly with client or through the BBB to resolve based on the timeline and response times related hereto but reserve our right to seek full payment as originally agreed.

  As of this response date, we will agree to honor the previous payment timeline and resolution plan communicated via the BBB response process and we will further agree to extend our grace ****** for any collection efforts until at least 9/15/23, but do not waive our rights of the original sales agreement. 

  Customer response

  09/15/2023

   
  Complaint: 20512611
  
  I am rejecting this response because:

  1.)I want to know what qualifies a carpet salesmen to state that the unknown chemicals in the carpet are in fact non-toxic?
  
  If my 3, 2 or 6 month old, myself or my wife are exposed to these contaminants, and develop any type of reaction (e.g., topical, respiratory, short-term, long-term or otherwise) Floors Come True, Inc. will be held 100% liable.
  
  
  2.)The business owner states he now believes the stains originated from the mill and not from his installers. This is a false statement.
  
  If this is true, then why would they install obviously stained carpet? Doing so would mean Floors Come True, Inc. is 100% liable for installing damaged carpet in our home.
  
  Further, is this a method Floors Come True, Inc. uses to off-load damaged inventory onto customers to receive full payment, only to then double-dip by filing a claim with the manufacturer for compensation for the same damaged product? If so, this is fraud.
  Let record show that *************************, the owner, witnessed the stains first hand that night as he was onsite.
  
  
  3.)We have been working with **** Floors. The owner of Floors Come True, Inc. states he created a warranty case with **** Floors in the first 24hrs. This is a false statement. When I contacted **** Floors, they had no record of any incidents being reported by the owner or any one at Floors Come True, Inc.
  
  
  4.)The owner of Floors Come True, Inc. states our property damage has been remediated. This is a false statement. As of 09/15/23, we have property damage from Floors Come True ****  
  

  
  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. ↩