ComplaintsforMallary Carpet Care, Inc.

• Initial Complaint

  06/12/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Date: Received the quote for the work on 7/18/2020. Signed the contract in office shortly after. Since Mallary came out to attempt to resolve the issue, we did not make the final payment until 9/4/2021 when the "repairs" were complete. Amount paid: The total we paid was $9,233 (luxury vinyl and carpeting). We are requesting a refund for the luxury vinyl portion which totaled $7,242. What the business promised: See below in the supporting documents The dispute: When Mallary flooring came out for the initial install, they began work and stated everything was fine. They installed all of the luxury vinyl on top of our existing sub-floor without stating there were any issues or need for repairs. Shortly after the install, we began to see issues (boards cracking, boards lifting, boards separating, and chips/dents all over the floor). We reached out to Mallary Flooring and were told this would be an issue with our sub-floor and we would need to have it fixed. We ended up having an independent inspector come to our home. He stated the issues with our flooring came from improper installation (too aggressive), installing the floor too close to the wall and not allowing the floating floor to "float" as well as there were significant issues with the leveling of the sub-floor. Has the business tried to resolve the issue: After the inspector came out, Mallary flooring came out to resolve all apparent and obvious issues (see photos). They refused to remove all flooring to inspect ALL of the sub-floor, which should have been done before the initial installation of the floor, and only replaced the cracked areas. The flooring has normal usage but has significant wear and tear for being a year old. Since they "resolved" the issues, the same issues have continued. There are more chips/dents in the floor as well as areas where you can feel uneven sub-floor as well as boards cracking. These are areas that were supposedly fixed. Order numbers: ******** and ********

  Business response

  08/25/2022

  Business Response /* (1000, 7, 2022/06/22) */ ***Document Attached*** Sorry I was not able to reply by your June 21 requirement but the complaint wasn't received until that date. We have repaired everything that the inspector had pointed out as flaws in installation. Which included the replacement of approx 370 sq ft of material. In our last conversation with ******* ****** she reported some areas that needed attention. We scheduled to have repairs made. Then she informed us of her mothers health issues and would like to hold off. We wished her well and said please contact us when you are ready and that was the last we heard from her. Most of the delays have been due to *** ******** health issues and concerns of covid exposure which we have accommodated at every turn. If the material is wearing out it may be a manufacturers issue in which case we would submit a claim to determine material defect. I have attached the latest communications from *** ******. In 35 years in business we have never left a complaint unanswered Business Response /* (1000, 10, 2022/06/22) */ Upon looking at the images provided I see two pictures that appears to be the same damage which could be chipping due to undulations in the floor which we would address if given the opportunity. The other picture looks like a gauge not sure what would have caused that and the other area looks like some peaking at the seam which may be because of uneven subfloor all of which would require further investigation. I don't know where *** ****** got the impression we offered a full refund but we will honor our obligation to make things right where the issues are ours. Consumer Response /* (3000, 12, 2022/06/27) */ (The consumer indicated he/she DID NOT accept the response from the business.) Thank you for your response. While some facts were stated, others were misconstrued or left out. ******* and I do not accept this as a reasonable response to us as consumers. The entire "blame" or delay cannot be placed on us. There were delivery issues as well as scheduling issues. As far as my delay in installation or repairs, we needed to wait for the inspector to come out and complete his inspection of the installation of the flooring. My health issues should not have been posted for the public to see but since you brought them up, let me explain further. I am diagnosed with a serious ********** ******* and am on ****************** which impact my ability to fight off illnesses. Something as simple as a cold could put me in a hospital, therefore, my concerns over having individuals in my home, which is my only safe space, is valid. During the first install, the team doing the installation refused to wear masks in our home. I contacted Chris ******* and did not get the most kind response. Eventually, after asking many times, the team did eventually put them on (not correctly according to the CDC, but at least covering their mouths). I SHOULD NOT have had to beg and plead for simple mask wearing to be followed in my home. Fast forward to the most recent accusation about not responding due to my ******* health condition. Again, this should not have been posted publicity but since Mallary flooring clearly doesn't care about privacy, let me explain. My ****** was having her third ***** ******* (**********************). I could not guarantee there would be someone here at my home to allow installation to happen (repairs for the SECOND TIME). After we had to delay the second repair job, ******* and I talked to a lawyer (talked to them previously as well which is when we decided to have the inspector out). We decided since the sub-floor was not checked and addressed correctly during the first install, was not checked and fixed correctly during the first repair job, we do not trust Mallary flooring to come out for a SECOND REPAIR. Issues are continuing to pop up weekly, throughout the entire middle floor and upstairs which is where the luxury vinyl planks are located. There are areas where planks are separating from others and you can cut your foot on the sides of the boards when walking through our home. There are chips and dents all over our floors. It looks like the flooring was installed 20 years ago, not one year ago. The issues with the sub-floor have not been fully addressed and that should have happened during the first install, as is stated in the agreement Mallary Flooring had us sign. We do not want this to be an ongoing issue. We thought the issues were resolved during the first repair - even though Mallary Flooring did not inspect all of the sub-floor like the inspector stated needed to happen. ***** ******* stated to us many times that numerous clients get this same flooring and no one else ever has issues. It made us feel as though we were being blown off. After we talked to the lawyer before the first repair and talked to ***** *******, we were told by ***** ******* that whoever is at "fault" would pay for the full amount of the inspection fee. It was deemed by the inspector that the "fault" fell on Mallary Flooring as they did not inform us of the issues with the sub-floor and installed the luxury vinyl anyway. They also installed the flooring too aggressively and too close to the walls and did not leave enough room for the "floating floor" to "float". After we informed ***** ******* of what the inspector said, he told us since we chose to hire the inspector, we were responsible for the full amount. After going back and forth, he offered to pay for half of the inspection fee so we still had to pay half, even though we were not at any fault for the issues with the flooring. At this point, ******* and I are officially requesting a refund for the amount of $7, 242, which is the full amount for the luxury vinyl flooring. We did not NEED new flooring, we wanted new flooring. There were ZERO issues with our previous flooring. There were no cracks, no raised areas, no dents or chips and no visible wear and tear and that flooring was multiple years old. We were going to sign a contract with another company but since I knew ***** *******, we went with him but I trusted him and wanted to support a family business. Weekly we are seeing more and more issues and at this point, we are seeking the full refund of the luxury vinyl so we can have the full two levels torn up, the sub-floor issues addressed and new flooring laid down by a company we can trust. Business Response /* (1000, 19, 2022/07/05) */ Not sure that BBB is acting as a fair arbitrator n this action as they keep making public statement that there is no response from the business, when the business is not given the opportunity to respond. The first notice we had of the customers complaint was received by us via snail mail on the afternoon of June 21st, 2022. In which it requested a response by June 21st. Now in response to the customers reply they state no response from business on July 4th, a Federal Holiday. We did not receive the notice until July 5th. The BBB has my email and phone number I know this because they are always contacting us to pay to be part of their organization. I never received a notification that the customer had responded until I received this letter. I will be out of town until July 12th at which time I hope to be able to respond to the customer. In the meantime, if she wishes to call the office, we can schedule to have a crew come out and fix the few areas that she has provided pics for. Consumer Response /* (3000, 21, 2022/07/05) */ ***Document Attached*** New scratch. These types of issues are all over the floor between the middle and top level of the house - there was no damage caused, only normal walking. Consumer Response /* (3000, 22, 2022/07/05) */ ***Document Attached*** Another new chip 7.5.22 Consumer Response /* (3000, 23, 2022/07/05) */ ***Document Attached*** New chip Consumer Response /* (3000, 26, 2022/07/07) */ The "few" areas are everywhere in my home. This is the reason we are requesting a FULL refund for the luxury vinyl flooring. The only way to resolve all of these issues is to rip up every bit of luxury vinyl, fix the sub-floor areas (which should have been done before the initial install - not in the second repair job on a floor that is a year old) and then replace ALL of the floor with new flooring. I refuse to have this company come out and do their "repairs" as they call it and then lay the same floor back down (which they did during the first repair job). If there were not visible dents, they laid back the exact same flooring instead of truly replacing the floor. As stated previously, we are unhappy with the install through Mallary Flooring and the flooring itself. Flooring should not have scratches and chips all over it when it is only having minimal wear and tear (as in walking). I'm not sure why the business is not receiving our responses. It is very easy to log into the BBB site to our claim and review any activity. My husband and I do not trust Mallary Flooring at all or the products they sell and stand behind. We are disappointed that the flooring that we paid over $7,000 for looks the way it does. Any customer would feel the same way. Mallary Flooring states they stand behind their installation and flooring but they are not willing to truly fix these mistakes. I believe the flooring is poorly made and does not hold up. If Mallary Flooring continues to insist the fault is on the manufacturer, then we are requesting contact information for their company so we can begin a claim against them as well for the actual flooring but the claim for the installation and overall refund is still applicable to Mallary Flooring. I will say it again, we are requesting a full refund for the entire luxury vinyl floor which totals $7, 242. We want this nightmare experience to be over and finally have safe and beautiful flooring installed by a company we can trust. Business Response /* (1000, 30, 2022/07/15) */ ***Document Attached*** In responding to your last two rebuttals, I must say We are not trying to blame you for the delays in repairs just stating that we were trying to work with you in a difficult time. There were certainly covid issues to deal with and as I understand and stated you have additional concerns given your health. I did not state any of your health issues, just that we were trying to accommodate your concerns. I really don't understand why you say you cannot trust our company to do the right thing, we have never failed to follow through with any work we have promised. We addressed the issues that had been brought to us, in the time frame permitted given the circumstances. Our last conversation with you prior to you going to BBB was please contact us when you are ready to have us repair the small issues you had brought to our attention at the time. At this time, I don't see that a full refund would be warranted. If there are minor repairs to be fixed and you don't wish to have us return, we could certainly offer to refund what it would cost us to do the repairs. The latest pictures you have provided do not depict installation issues but rather performance issues, I am not sure what has taken place but there appear to be scratches and a gouge in the floor. We can have a manufacturer representative, or an independent inspector come out to determine if the issues are failure of the product which would be covered under their warranty. We certainly can process that for you or provide contact information if you wish.

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