ComplaintsforTempo, Inc.

Name: Tempo, Inc.
Address: 911 Maryland Dr, Irving, TX, 75061-5748, USA
Telephone: (972) 579-2000

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Initial Complaint
08/14/2024
Complaint Type:
Service or Repair Issues
Status:
Answered
The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
When we moved into our house in March our HVAC seemed ok, but the front rooms were cooler than the rest of the house with the heat on. In the summer now it is apparent that something is not right, as the thermostat is set at 74 and the front rooms are ***** degrees. Our builder has a warranty on this house and has been acting our behalf to get this resolved, and they have not made an attempt to fix it. They have actually stopped responding.
Business response
09/09/2024
To Whom it may concern,
Tempo Mechanical appears to have resolved the issue the homeowner was experiencing. On 8/16/2024, air balancing was performed on the system that lead to much better performance in the areas referenced. Additional notes are available if needed. Furthermore, Tempo Mechanical returned again on 8/30/2024 to install new thermostats with sensors at no additional cost in order to make sure that this unique issue was completely remedied. It is Tempo Mechanical's understanding that the primary issue the homeowner was experiencing has been corrected and this issue should be closed as resolved.
Initial Complaint
07/20/2023
Complaint Type:
Service or Repair Issues
Status:
Answered
The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
Tempo is only following Lennars direction. However they sent in a permit to the ************** about the Manual J load and the date was 7/28/21. My permit Of the house wasnt issued until 12/9/21. No engineer has actually been to my home To calculate a actual ************* on my house and only Took lennars word and now Now i am stuck with an undersized unit on my home that cant properly cool when its above 90. All because no one from Tempo actually Came Out and preformed a manual j load. Two other CERTIFIED HVAC companies came out to verify unit is too small.
Business response
08/01/2023
Tempo Mechanical would like to share the following in response to the homeowners complaint that their system is undersized and the request to have an onsite Manual J performed.
1) The attached sizing letter and Manual J/S were sent to the homeowner on 7/18/23 by their homebuilder per process.
2) In this home, the Entire House is served by a single unit (2.5 Ton) where sensible capacity is at 121% of the sensible load and total capacity is at 124% of the total load. The next available size up would be a 3.0 Ton, which would have a sensible capacity of 136% of the total load, and a total capacity of 149% of the total load. This is outside the 130% boundary provided by Energy Star and well outside the Manual S boundary. Candidly, it would be more appropriate to downsize the system to a 2.0 ton system than upsize it to a 3.0 ton system utilizing the type of single-stage equipment that is installed in this home per specifications. Please note in the attached sizing letter, the percentages sent were off by 1%, stating 122% sensible capacity and 125% total capacity. I've corrected this to be consistent with the Manual J that was originally performed on the home.
3)The attached quotes sent by the homeowner are for 2-stage and variable speed systems. Although the sizing for those systems may be within the Manual J and Energy Star limits (unlikely for the 2-stage), Tempo nor the homebuilder install this as part of the building process and are not obligated to do this. The homeowners system was sized and installed per specifications and code at the time.
4) Nowhere on the quotes does it mention Manual J sizing just that system needs to be upsized. This is of course not consistent with the rules and regulations that Tempo and the homebuilder must follow when building new construction single family homes in DFW.
5) It is not realistic nor industry standard to perform on-site Manual J calculations. The homebuilder and Tempo build thousands of new homes each year and follow the same process each time. The builder provides base plans and specifications including orientation, R-values on walls/ceilings, window u-factor/SHGC and equipment types and then Tempo provides a Manual S, J and D based on this information.
6) An air balance was completed on 5/26/2023. Tempo did find some room for improvement on this and did make some adjustments to improve air flow. On this call, Tempo found that the homeowner changed installed T-Stats for after market which although is not recommended, is likely not causing any issues.
7) Tempo returned on 7/14/2023 and found all equipment working per manufacturers specifications.
8) Tempo has another appointment set with the homeowner and homebuilder on 8/3/2023. Tempo nor the homebuilder have found anything that indicates the system at this home is undersized but hope that this visit will put this complaint to rest amicably.
9) Finally, it is important to point out that Tempo in no way would benefit by under sizing nor oversizing systems. Tempo understands that with the type of record temperatures we are experiencing that homeowners want their systems to perform in a manner that is not consistent with design condition. Although it is often not the answer homeowners want to hear, the homes are design per code/specifications and in this case up until now, appears to be performing as such.
We hope this helps to clarify and please let us know if anything else is needed.
Customer response
08/01/2023
I am rejecting this response because: House cant meet demands at 99 outside and upkeep a temperature of 75 based on actual testing conditions.
Initial Complaint
02/16/2023
Complaint Type:
Billing Issues
Status:
Resolved
The complainant verified the issue was resolved to their satisfaction.
We called Tempo about a repair to our water heater. They quoted us $89 for a service call, plus $13.25 for a "monthly membership fee". We agreed to that. The repairman came to our house, checked our water heater, determind it needed to be replaced, and would cost $3000. We knew we could get that done cheaper, so we declined. He did stop the leak that was happening (after two attempts - his first "fix" made the leak worse). When they charged our credit card, they charged the $13.25 plus $339. Not the $13.25 plus $89 we had agreed to. Never was anything about an additional $250 mentioned until they charged our card.
Business response
02/24/2023
We have also communicated to our customer; this was a disagreement of what was agreed to between the customer and they plan to remove the complaint.

-****
Customer response
02/24/2023
(The consumer indicated he/she DID NOT accept the response from the business.)
Their response is completely false. They did NOT reach out to us. They have NOT spoken to ** or communicated with **. And we have NOT agreed to remove the complaint. Nothing they said in their response was true.
Business response
05/19/2023
I have reached out to ************ by phone and through email on May 16, 2023 leaving messages to reach out to me so that we may be able to discuss this experience further. We have proactively refunded ************ the full amount (refunded on May 16th, 2023 back to the original cc used) of the service performed on February 13th, 2023, which i also sent ************ an email conformation of the refund.
I will reach out again today May 19th, 2023 to see if we can connect.
*******************
General Manager
Tempo Air
************
********************************************
Customer response
05/19/2023
************* did call me (repeatedly) and sent numerous emails. Unfortunately, he did all of this while I was at work where I am not able to accept personal calls or messages. I have responded asking him to cease trying to contact me continuously as we have nothing further to discuss.
They did, as he said, refunded the original amount. I'm not sure why it took THREE MONTHS to do so, but they did eventually make things right with a full refund.
Customer response
05/22/2023
I have reviewed the business response and accept this resolution.
************* did call me (repeatedly) and sent numerous emails. Unfortunately, he did all of this while I was at work where I am not able to accept personal calls or messages. I have responded asking him to cease trying to contact me continuously as we have nothing further to discuss.
They did, as he said, refunded the original amount. I'm not sure why it took THREE MONTHS to do so, but they did eventually make things right with a full refund.
Initial Complaint
09/16/2022
Complaint Type:
Service or Repair Issues
Status:
Answered
The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
I am the first owner of new (now four year-old) construction wherein Tempo Air of ******, ** was hired to install my home's **** unit. Every summer since installation, my home's **** ductwork has dripped condensation into the ceiling drywall throughout the home at numerous vent locations, creating puddling on floors, damage to the sheet rock and unsightly stains. This has been the case since purchase and move in.Every summer, Tempo Air has unsuccessfully attempted to correct the issue but to this point has no idea why the **** system is producing so much condensation.For most of late summer, 2022, Tempo Air became increasingly unresponsive to the defect, however, even after promising to remedy the matter and declaring in a July 13th, 2022 email, "we're very close to solving this issue". On September 12th, 2022, I made an appointment with Tempo Air representative, *****************, for the company to once again return as promised and complete their work on Friday, September 16th, 2022. I also asked for a Tempo Air manager to reach out to me- a request I had placed weeks before that had gone unfulfilled. Tempo Air showed their firm's professionalism and ethics by no-showing our appointment and, to this point, no Tempo Air manager has ever bothered to reach out.Numerous phone calls & emails have now gone unreturned and Tempo Air has essentially taken up a position of ignoring their customer, shirking their responsibility, and turning a blind eye to the firm's liability for damages; Tempo Air has essentially abandoned the job.
Business response
09/21/2022
To Whom It May Concern:

Tempo Mechanical and Service have responded to multiple requests by the homeowner at ****************************** condensation on **** grilles. Each request has been responded to in a timely manner and efforts have been made to mitigate the issue including but not limited to adjusting blower speeds, replacing grilles with additional insulation and consultation on actions that could be taken by the homeowner to prevent the issue.

The homeowner has hired at least one additional **** company that has interacted with the **** equipment and at this point, this home is no longer under any labor warranty. Tempo has in good faith continued to work with the homeowner regardless. The home has been documented multiple times to be exceeding design condition despite several instances of lack of maintenance including dirty filters, coil and condenser. Sizing per the **** Manual J has also been confirmed to be accurate.

It is Tempo's professional opinion at this point that the only way to potentially remove condensation from the supply grilles on the third floor is for the homeowner to adjust their thermostat settings to go no lower than 72 degrees cooling in the summer on the third floor at minimum. It should really be 75 degrees which was the approved design condition at the time. The homeowner has been documented multiple times to keep their thermostat setting at 67 degrees. Most if not all **** professionals would state that this setting is not only detrimental to the **** equipment, but also to the home as a whole.

The homeowner should also run exhaust fans in the utility room while doing laundry and both bathrooms on the third floor while the shower is running the entire time and for at least an hour after to remove additional moisture being introduced in the home. This has all been communicated to the homeowner verbally multiple times with the earliest documented time being 7/10/2019. It does not appear the advice has been used by the homeowner, hence the continued issue despite the aforementioned efforts put forth by Tempo.

Another potential solution would be to pay an **** professional to install a properly sized dehumidifier. Tempo Mechanical is not contracted to install dehumidifiers at new construction by the builder who built this home, ******************. Dehumidifier installation at new construction is a very rare occurrence for any builder.

Because the homeowner has now threatened litigation against Tempo Mechanical three times despite all the continued efforts and recommendations shared with the homeowner, Tempo will no longer communicate directly with the homeowner and all future correspondence will need to be done through ****************** and/or legal counsel. With the homeowner's cooperation, Tempo believes the issue can be solved however threats of litigation are not something that is taken lightly. Please let us know if you have any questions or if any additional information is required.
Customer response
09/28/2022
(The consumer indicated he/she DID NOT accept the response from the business.)
We are in receipt of Tempo Air's complaint response. The response is not acceptable; with details that are little more than fabrication or totally lacking credibility. Our rebuttal is as follows:

1. "Tempo Air has responded in a timely manner/the **** unit is no longer under warranty"...
This assertion is false. Correspondence with Tempo Air is well documented and entirely email or text in nature.
From 7/2/22 to 9/15/22, we've made nine (9) attempts to have Tempo Air personnel visit the home to continue their work. Each of those nine (9) efforts was either ignored, resulted in a broken promise or ended with a no-show of Tempo Air personnel at our home. Further, it should be noted that the Lennox **** unit installed by Tempo Air is actually still under warranty.
2. "Tempo Air believes the unit is lacking maintenance including dirty evaporator filters and dirty coils"...
This assertion is a total fabrication on behalf of Tempo Air. Aside from coolant charges, Tempo Air is the only firm to have performed maintenance on the unit over numerous occasions. What's more, the system requires four inch filters with a recommended filter change occurring every four to six months. Because of asthmatic conditions in the home, our unit's filter is changed every two months which is barely half of the filter's useful life.
3. "The unit should be no lower than 72 to 75 degrees"...
This assertion is complete conjecture and totally unsubstantiated by Tempo Air, though two of our three zones are actually kept at 72 degrees. We've experienced and continue to experience condensation saturation of drywall at registers on all floors in the home, regardless of Tempo Air's theory.
4. "The homeowner keeps the thermostat at 67 degrees"...
This assertion is correct though not causal. According to the **** system's manufacturer, **************** is recommended that sleeping & exercise quarters in the home be kept between 65 and 68 degrees (available at Lennox.com). The ****************** further publishes on their website that this data is taken from the ************************** At no point does the ****************** mention that the **** unit will pour condensation from the homes vents and destroy drywall. Tempo Air is grasping at straws.
5. "The homeowner should run exhaust fans for one hour"...
Tempo Air's advice is, yet again, little more than an unfounded effort at deflection. While exhaust fans are used throughout the home, this changes relative humidity very little in this case. Digital Hygrometer readings (an instrument that measures humidity) consistently measured relative humidity values throughout our home at greater than 50% whenever my Tempo Air installed **** system is in use. Further, Tempo Air's flawed theory that showers and laundry are to blame for condensation pouring from **** vents is without merit since relative humidity values of up to 63% have been recorded even after the home has been unoccupied for days at a time (we travel a lot).

In summary, after multiple consults from **** industry experts and through the collection of data, It is our opinion that:

-The Tempo Air installed **** system is reducing the home's temperature, as designed, but NOT removing moisture. Tempo Air knows this and has stopped responding accordingly; the firm has abandoned the job.

-The high relative humidity in the home is because of Tempo Air's shoddy and improper installation of the home's **** system.

-Tempo Air has, over four summer seasons now, failed to correct their port workmanship.

Tempo Air should repair or entirely replace the **** system immediately and properly to preclude further damage to our home.
Business response
10/09/2022
Response to homeowners responses.

1.The homeowner is conveniently not mentioning that Tempo was at the home on 5/11/22 and 6/29/22 where they were advised of the same thing mentioned in the previous response about home thermostat settings. Furthermore, there was an unreturned call and message left from 8/11/22 to confirm an appointment scheduled on 8/15/22. It is pretty standard practice to verbally confirm appointments especially during the busy summer season. A subsequent message was left on 8/16/22 that was finally returned on 8/19/22 according to our call logs. When a call to schedule an appointment was made on 9/12/22, the homeowner made their first threat of litigation on this call which lead Tempo to cease attempts at working with the homeowner to await communication through either the builder or our retained legal counsel.

As stated in the previous response, the home is no longer under the 2-year mechanical LABOR warranty. The equipment is still under warranty.

2.Tempo notes when we find equipment maintenance issues post call and often times documents this via photo and/or video. A photo has been attached of the homeowners filthy condenser coil from second most recent visit on 5/11/22. This alone could potentially void the equipment warranty but as previously mentioned, Tempo was more than willing to continue to attempt to assist the homeowner until litigation was threatened.

3.Anytime Tempo has entered the home, it has been documented to be set at 67 degrees on the third level at minimum.

4.****** is not the standard in which the ************** decides how sizing should be done. This home was designed per the acceptable standard of the time to reach 75 degrees on a 99 degree per the **** ************* vast majority of *** homes do not even reach the temperatures cited by the homeowner. Furthermore, even if this was accurate (which it is not), there is not an exercise room designed for this home and at most, this would imply the thermostat to be set to these temperatures for 8 hours per day. It just validates that the home should not be set to these low temperatures continuously.

5.The recommendations for exhaust fans are best practices for any home. We have not recorded the humidity levels the homeowner mentions any time we have been at the home to be that high and would be happy to review proof of this and potentially set data loggers in the home to confirm. This would be contingent on the homeowner being willing to adjust their thermostat setting to the design condition to confirm if the home is removing humidity as designed.

6.As mentioned, the job was not even close to abandoned. As soon as the homeowner threatened litigation against Tempo, especially after Tempo has continued to stay engaged beyond their obligation, it does not benefit Tempo to continue to engage with the homeowner. Tempo has been threatened at least three times now with "costly litigation" per the homeowner.

7.Tempo completely disagrees with the homeowner's accusation of "shoddy", "improper installation" and "poor workmanship". Tempo also disagrees that the **** unit should be repaired or replaced. As referenced by the homeowner, the **** unit is performing beyond design condition and has now for over 4 *******. Tempo has tried non-standard interventions like insulation on boots as well as more standard things like adjusting air flows to allow the homeowner to continue to live in the home at the much lower temperatures than would be recommended typically and those have continued to produce the same results.

8.Our response in summation is that we have gone above and beyond to help this homeowner and now that they have threatened litigation will no longer do so. We still stand by the recommendation to place the thermostats no lower than 72 and ideally at 75 which again is design condition and the home owner will no longer have an issue. We are willing to produce studies and articles to support this if requested by the BBB.

Thank you and please let me know if you have any questions.

See Attachment/File: 51122.jpg
Customer response
10/16/2022
(The consumer indicated he/she DID NOT accept the response from the business.)
We are, yet again, in receipt of Tempo Air's rebuttal. Again, the rebuttal is almost entirely a fabrication and it's clear that Tempo Air is struggling to defend their unethical conduct & unenviable position.

Tempo Air continues to suggest that their firm has, or had, the fix all along- "turn up your thermostat and your problems go away". However, Tempo Air's position has little merit for the following reasons:

1. My home has suffered condensate/water damage every year since occupancy and on each of the home's four floors. This includes floors wherein the temperature is kept at 72 degrees. Additionally;

2. ******, the manufacturer of my **** system, states on their product literature and corporate website that their research shows it's best to keep both sleeping quarters and exercise quarters at 65 to 68 degrees. The manufacturer's data and home comfort guidance stands in the face of Tempo Air's hypothesis and at no point does the manufacturer suggest that operating their system, at any temperature, will damage a customer's home or flood drywall. ********************'s assertion is complete nonsense and little more than conjecture. Tempo Air has had three and half years to fix their poor workmanship, from move-in to present day, and they haven't.

On 13 July, 2022, we received an email from Tempo Air employee, *************************. ***** had passed since we had heard from Tempo Air and ****************** indicated that the company was "still attempting to figure out a solution". He further indicated: "I believe we are very close here and this will hopefully bring the issue to a close..." Tempo Air is privy to, and possesses, this very email chain.
The truth is, Tempo Air had no fix. If they did, certainly they would have implemented it in one of the four ******* since occupancy. There existed no simple solution and it certainly didn't come down to merely increasing my indoor temperature by a few degrees to preclude irreparable water damage to my home. ****************** himself had little more than trouble shooting to work from and at no point did Tempo Air suggest to us that the causal factor was "keeping it too cool", particularly since their firm has had to fix numerous locations and various floors wherein the temperature is NOT kept at a temperatures below 72 degrees. The company's theory is just that; theory, both unscientific and little more than guesswork.

Not surprisingly, Tempo Air's effort at discrediting our assertions are easily disprovable, namely the voicemails. Voicemails in my possession from 8/11 and 8/16 (again, Tempo Air's story) are not consistent with this mystery appointment the company had scheduled on 8/15. There never was an appointment on 8/15 as evidenced by the voicemail received from Tempo Air on 8/16. If there was an appointment scheduled, why didn't Tempo Air show up? By Tempo Air's very own assertion, their calls are recorded. As such, their firm knows that their response to this complaint is little more than a fabrication.

Tempo Air further shirks their responsibility in this matter by suggesting that a dirty condenser coil could be a contributing factor, an assertion we outright deny. The fact is, there exists no noteworthy complaint of difficulty controlling the home's temperature. Further, according to Tempo Air's own BBB rebuttal testimony, the firm's temperature measurements of system return air show that the **** system (as it pertains to temperature) was performing "as designed". This data alone proves that Tempo Air's charge of "filthy condenser coils" is not only false, it's NOT a contributing factor to the humidity control issue inside the home.

We are surprised and disappointed to learn that, over the period of four ******* since occupancy, Tempo Air never recorded hygrometer readings. Considering the problem was with condensate saturation of drywall and surrounding structures within the home, this stands in the face of "best practices" and is a testament to just how recklessly Tempo Air addressed the seriousness of our problem. Tempo Air was entrusted to be the subject matter expert. Instead, it was the homeowner that approached the matter with science, data collection & deductive reasoning.

Because of Tempo Air's abandonment, my entire **** unit has since been removed and replaced at great personal expense with less than four years of ownership. With the installation of an entirely new system, by a firm other than Tempo Air, the home's condensate problems are now gone- even the floor Tempo Air thinks was "too cool".

In conclusion, Tempo Air designed, purchased and installed the **** system in our home. Only Tempo Air bears the responsibility for their shoddy, poor quality workmanship.
Four North ***** ******* have passed, during which time, Tempo Air was completely without a solution or refused to act on our behalf, all while receiving warranty compensation.

Similarly, my surrounding neighbors, also impacted by Tempo Air's dismal work ethic, have had to replace their **** units after just a few years. To accept Tempo Air's assertion for this remarkable coincidence, the BBB and a jury would have to believe that our entire neighborhood is just "keeping it too cool" in our homes.

Tempo Air should make overtures at compensation by this point. My out of pocket expenses now total roughly $30,000 for removal and replacement of the Tempo Air installation & the evidence of water saturation throughout the entire home is overwhelming. The firm's defense is weak at best and they possess all of the same evidence that I do. Tempo Air had four ******* to do the right thing for my home and my neighbors, yet they chose to neglect that responsibility.
Business response
10/27/2022
Tempo appears to be at an impasse with this homeowner. Tempo's position on this home has been stated objectively multiple times and they keep responding in circles. Tempo is happy to respond to this latest rebuttal but again the homeowner is neither open to suggestion or objective information as it relates to this home and a continual back and forth communication through the BBB is neither prudent nor a good use of time for anyone.

1.Each time Tempo entered the home and observed any sweating on the homeowner's grilles, the temperatures were set and achieving well below design condition of 75 degrees on a 99-degree day. This was at the time and likely still is the design condition (may be 100-degree day now) required to install homes correctly per the **** Manual J in this homeowner's city.
2.Again, ****** is not the standard in which Tempo designs homes nor in how they should be lived in. Furthermore, as stated previously, this home does not have a designed exercise room and sleeping quarters are bedrooms the other 16 or so hours per day that they are in a home regardless of the homeowner's interpretation of their literature. There are plenty of studies about temperatures, dew points, humidity, and moisture removal available online that the homeowner neglects to focus in on an article that is posted on a national equipment provider's website that is not applicable to this situation.
3.The homeowner is correct that an email was sent stating this as Tempo was willing to continue to try conventional and even unconventional adjustments to allow the homeowner to continue to live in their home while ignoring Tempo's recommendations on adjusting temperature levels. Tempo had taken that approach since the beginning despite these interventions not working to completely resolve the homeowner's highly irregular issue. Again, as soon as the homeowner threatened litigation, Tempo immediately ceased with that willingness to do so.
4.The homeowner claiming Tempo never expressed to them that their temperature settings were affecting this situation is objectively false.
5.The point of noting not only the previous appointments in May and late June but the calls in August were to address the homeowner's previous accusation of no communication toward setting an appointment. Actual tentative dates listed are not the point of that response. The point was to address the accusation of "abandonment" prior to the homeowner's multiple threats of litigation which have already been addressed.
6.Equipment maintenance is very important in system performance. The homeowner having equipment that was not receiving proper maintenance and even further allowing other HVAC companies to interact with the equipment are relevant in this situation.
7.The homeowner either intentionally misinterpreted Tempo's response about humidity levels or just outright missed it. Tempo will take psychometer humidity readings in homes when visited and those are documented. They were never found to be at the high ranges the homeowner claims. The homeowner's assertion that they are the scientific authority on HVAC installation in this situation is conjecture.
8.The homeowner's assertion that their neighbors are impacted with similar issues to the homeowner's is slanderous and inaccurate. Tempo keeps service records of all homes installed and outside some typical warranty issues, there is not a service record of any of the multiple addresses in this community that support this accusation.
9.Tempo again denies the homeowner's accusation of "shoddy" and "poor quality workmanship". Tempo was commissioned to install this addresses HVAC system per code and that is exactly what happened. It was inspected and passed multiple times by city authorities and 3rd parties.
Customer response
11/04/2022
(The consumer indicated he/she DID NOT accept the response from the business.)
Having received yet another contrived, fabricated utter distortion of facts from Tempo Air, we have no choice but to reject and subsequently disprove the nonsense this firm continues to assert. This will be our final rebuttal; we implore the Bureau to is*** a finding in favor of the homeowner and help persuade Tempo Air to behave ethically and responsibly for other North ***** consumers.

1. Tempo Air continues to defend their shoddy work and defective installation by invoking the **** Manual J.
It's important to recognize that regulatory guidance offers no legal relief to Tempo Air or even imply that the home will be problem free. It's merely a blueprint to meet the minimum standard and cannot possibly take into consideration each and every variable. Tempo Air had a duty to properly address the accumulation of condensate at various locations throughout the home. They failed in this effort as evidenced by the rust and corrosion that damaged the **** plenums and evaporator coil (see attached exhibits). Tempo Air's consistent efforts at invoking regularly guidance is little more than a distraction and the legal equivalent of "blaming the cookbook for burning the cookies".

2. We remained perplexed by Tempo Air's continued effort to discredit the manufacturer of the **** unit, Lennox. If Tempo Air is the subject matter expert to a degree greater than the original manufacturer, let them present proof of such.
Tempo Air's defense that I flooded my home with condensate because I selected a temperature below 75 degrees, on a single floor, is a work of pure fiction and contrary to both the manufacturer's ********************* and scientific evidence long established by entities like the ************************* and ***** Further, no documentation or disclaimer was provided during the sale or closing of my brand new home wherein I was briefed to keep thermostats at 75 or higher or risk water damage to my home. In fact, over decades of home ownership/occupancy, in climates with much greater humidity, I've NEVER had an experience like I have with Tempo Air, particularly with a brand new home.
Tempo Air's efforts at blaming the homeowner are despicable and little more than the makings of a crushable defense.

3. Please advise if I've read this correctly: Tempo Air's rebuttal to NINE (9) failed scheduling attempts- or simply not showing up for appointments- during the the ENTIRE summer of 2022 is because I threatened to *** the company for damages arising from negligence/malpractice at THE END of the summer of 2022?

What's more, the email evidence that Tempo Air has in their custody illustrates that company management couldn't even return a phone call over an entire summer season. Not surprisingly, Tempo Air's consumer ****** reviews contain all of these same complaints, illustrating that it's clearly Standard Operating Procedure for this company.

4. For clarity; Tempo Air, InTown homes (my home's builder) nor ****** (the **** manufacturer), ever once asserted or disclaimed, during the sale of my new home or during closing, that selecting the thermostat below 75 on one floor would flood/damage the home with condensate on each floor. Mind you, the reason for this is because condensate damage in a brand new, modern built home isn't normal.

5. The burden of proof for abandonment of the job, a direct breech of warranty, was established when Tempo Air failed to act responsively and diligently- even as their client pleaded with the company for a solution. Tempo Air has this email evidence in their custody. Further, Tempo Air actually set and confirmed an appointment on a recorded call only to no show/no call their client. This, of course, is how it is we find ourselves here today.

6. What maintenance (or lack of maintenance) on a BRAND NEW home and Tempo Air installed **** unit causes condensate damage to the *********** and corrosion damage to the unit?
Tempo Air was out to the home on dozens of occasions every year since new. NOT ONCE did Tempo Air suggest that a failure to maintain the brand new **** unit was causal in this matter.

Further, the **** unit was still under warranty; the mere suggestion that significant maintenance was due or overdue, or, that there existed a failure to maintain the **** unit is patently false.

7. No evidence exists wherein I've suggested that I am "the scientific authority" on ****. I've consulted with engineers, industry professionals, collected data, researched remedies and articulated this for the ****** BBB.
A consumer doesn't need to be "the scientific authority" on **** to recognize Tempo Air's shoddy workmanship, job abandonment and multiple broken promises. Tempo Air's sarcastic response is a dayglow illustration of their effort to distract from facts in evidence and their overall incompetence.

8. The legal standard required for "slander" requires that allegations brought are false, inaccurate or outright untrue, and that Tempo Air has sustained some sort of damage arising from such. However, nothing presented in this complaint is false, inaccurate or outright untrue and Tempo Air's burden of proof lies heavy. Simply put, Tempo Air's charge of slander is a nonsensical bluff- a ploy meant to distract.

EVIDENCE PRESENTED FOR THE BUREAU'S REVIEW:

As previously mentioned, the entire four year-old **** unit and it's associated ducting was removed at great expense after Tempo Air breeched the warranty contract and abandoned the job. During disassembly and removal of the Tempo Air installed **** unit, the following evidence was collected. It's important to remember that the **** unit was only four years old and had ONLY been inspected and maintained by Tempo Air after numerous warranty claims

Exhibit A: a supply air plenum wherein the condensate collection/accumulation was so significant that it actually corroded thru the steel plenum. Tempo Air either knew, or should have known, that the condensate was this serious but did nothing and documented none of it.

Exhibit B: the condensate collection pan, required by code, that sits under the **** unit. The rust/corrosion stain is actually from the corroded remains of the supply air plenum that sat above it. The entire system was so full of water that it had years to corrode a steel plenum. Tempo Air either knew, or should have known, that our **** system was this saturated, yet never broached the subject of this extensive damage to our brand new system.

Exhibit C: another supply air plenum displays the extent of the damage caused by Tempo Air's incompetence. Condensate accumulation was so significant that this steel plenum is totally corroded and the **** system was leaking cold/conditioned air overboard into the attic space.

Exhibit D: condenser coils so rotten with corrosion that it caused a refrigerate leak.

*********: evidence of corrosion and bacterial sludge at the evaporator coil. This occurs when the evaporator coils sit in standing water- further evidenced by the watermarks to the left of the coil. Water here is normal, but standing water is not and the resulting corrosion is evident.

Exhibit F: water damage and corrosion associated with standing water at the evaporator coil.

Exhibit G: damage from corrosion so significant that it's actually destroyed seals and steel plenums, allowing conditioned air to spill overboard the system. Tempo Air either knew, or should have known, that this condition existed yet they elected to no-show appointments with their client.

See Attachment/File: 8556CB3F-F129-4F85-977A-D09CC9937B74
Business response
11/17/2022
Again, Tempo appears to be at an impasse with this homeowner and completely disagrees with their response as well. Nothing in Tempo's responses is fabricated and quite the contrary is objective and presented in a professional manner for consideration unlike the homeowner's responses. Although it seems redundant now below is Tempo's response to the homeowner's latest statement.
1.Tempo receives a scope of work from a builder and Tempo's job is to install per that scope of work and per code. The current standard to meet code is to use the **** Manual J as was the case when this home was built. The homeowner implying that Tempo can design and/or install outside of these parameters in any instance is not valid. This home passed multiple inspections including a final inspection by the homeowner and/or a 3rd party themselves before closing. Tempo's obligation after this is to provide a 2-year labor warranty to ensure the system is performing as designed. This was met and then some.
2.Again, ****** is not the standard in which Tempo designs homes nor in how they should be lived in. Neither is the ************************* or ***** Furthermore, as stated previously, this home does not have a designed exercise room and sleeping quarters are bedrooms the other 16 or so hours per day that they are in a home regardless of the homeowner's interpretation of their literature. There are plenty of studies about temperatures, dew points, humidity, and moisture removal available online that the homeowner neglects to focus in on an article that is posted on a national equipment provider's website that is not applicable to this situation.
3.The homeowner is once again ignoring the fact that Tempo was at the home on 5/11/22 and 6/29/22. Furthermore, there were multiple attempts to communicate with the homeowner in this timeframe that they are disregarding that has been previously documented in Tempo's responses and can be proven. To assert that any significant amount of time has gone by without communication has been proven to be objectively false.

Also, the homeowner mentioning Tempo Air's ******* Reviews" is not relevant for several reasons. The first and most important is that Tempo has a 4.8 out of 5.0 star rating based on ***** reviews and between the new construction division and Tempo's service division have built and serviced tens of thousands of homes since the homeowner's townhome was built. New construction alone has done around ******. Since consumers are far more likely to leave negative reviews than positive ones and some even leave reviews for companies that they have never actually used, Tempo believes this argument only benefits Tempo's case.
4.Tempo builds thousands of homes per year and it is well understood that when a homeowner takes ownership of a home, the obligation is on them to be educated enough to know how to live in the home. Tempo is not involved in the sale or final delivery of a home.
5.Tempo did not abandon the job nor was the home still under labor warranty. The homeowner threatened litigation multiple times and as a company policy that is fairly universal across most businesses, that is when the decision was made to cease engaging with the homeowner directly.
6.Lack of maintenance can easily cause condensate damage. In fact, it is the number one culprit of condensate damage. When a gas system is not properly maintained, it can cause the indoor coil to freeze and as it melts it produces significantly more condensate than it is designed to. Also, if the primary drain is not maintenanced, this additional condensate has nowhere to drain to and ends up on the pan if not remaining in the coil itself. That pan is a safety measure not a drain and it is not there to drain out of secondary condensate unless incase of emergency. The homeowner is once again correct that the **** unit is under warranty, however, the labor is not and hadn't been for several years and despite this, Tempo continued to work with the homeowner until they threatened litigation.
7.The homeowner stated in their response on 10/16/22 that, "Tempo Air was entrusted to be the subject matter expert. Instead, it was the homeowner that approached the matter with science, data collection & deductive reasoning". True, the homeowner did not say "scientific authority", but they did state that they were the ones using science, data collection and deductive reasoning where it has been proven that Tempo has done this along the way just not to the homeowner's liking.
8.The homeowner is referring to Tempo's response to them saying that "similarly, my surrounding neighbors, also impacted by Tempo Air's dismal work ethic, had had to replace their **** units after just a few years." Tempo's response was "The homeowner's assertion that their neighbors are impacted with similar issues to the homeowner's is slanderous and inaccurate. Tempo keeps service records of all homes installed and outside some typical warranty issues, there is not a service record of any of the multiple addresses in this community that support this accusation."
It the homeowner is stating that slander requires "false, inaccurate or outright untrue" remarks, Tempo believes that is exactly what happened and have the service records to prove it. Furthermore, accusing Tempo of something that did not actually happen through a reputable and trusted organization like the Better Business Bureau, does have potential to cause damage to Tempo.
9.Tempo is unable to review the evidence submitted by the homeowner but once again, it sounds like it supports what Tempo has been saying. See response 6 on what can happen to a coil if a system is not properly maintained. To the point from other responses about the homeowner choosing to keep their home significantly below design condition, this also supports that the damage described was a result of that. A coil is sized and designed to remove moisture and heat from air at design temperature. When that temperature is significantly lowered as was the case with this home for extremely long periods of time, the air passing through the return and over the coil is much cooler and more moist than the coil can acceptably remove properly. This air would then enter the supply plenum at a much cooler temperature than designed while also lowering the dew point significantly. The homeowner refused to change their living habits and it sounds like this resulted in everything that was submitted. The homeowner stating that home had only been inspected and maintained by Tempo is objectively false. They have had at least one other company out to check/refill freon levels as has been mentioned at least twice in previous responses and is documented on Tempo's end. This changes the narrative of this response quite a bit and is not something to overlook.
In summation, Tempo still stands by its work and service to the homeowner. Once the homeowner began to threaten Tempo with litigation, Tempo, like most companies would, made the choice to stop working with the homeowner. Unfortunately, the homeowner decided to use the Better Business Bureau as their personal mediation forum, but Tempo still feels that it met the scope of work and the code requirements for this home. Tempo further went above and beyond trying both traditional and uncommon tactics to assist the homeowner with their condensation issue even beyond the required warranty period and the homeowner refused to adapt to recommendations. Tempo believes it has produced enough information for this case to either be dismissed or at minimum placed in an unresolved manner. Thank you for your review.
Customer response
11/25/2022
(The consumer indicated he/she DID NOT accept the response from the business.)
Tempo Air continues to deflect and ***** their professional responsibility. I remain completely dumbfounded that Tempo Air struggles to do the right thing in this instance. Naturally, we reject Tempo Air's most recent rebuttal and offer the ****** BBB further evidence discrediting Tempo's narrative:

1. Municipalities like the ************** take a cursory glance at best at new construction and simply do not have the resources to inspect every single new build as thoroughly as the general public would like. Tempo Air's assertion that their work was "inspected and passed" is discredited merely by the number of **************** calls we've experienced since purchase and occupancy. Further, to suggest that their system was "performing as designed" is nothing short of absurd since ****** (the unit's manufacturer) did NOT design their system to flood a homeowner's ducting, ***************** with condensate.

2. If Tempo Air is suggesting that their firm is THE subject matter expert and in fact ****** (the **** unit's manufacturer) & the accompanying literature isn't, let them present evidence to this effect.
Is the ****** BBB, acting on behalf of all North ***** consumers, GENUINELY convinced that this sort of damage, corrosion and ultimately, total replacement, of a brand new **** unit came about by setting a single thermostat to 67 degrees? Even when ******, the manufacturer, suggests that this practice is acceptable.
Or does is sound more like Tempo Air is attempting to cover up their shoddy work and reckless & unethical business practices?

3. It's disappointing, though very telling, to see Tempo Air double down on their easily disprovable lies. See attached email evidence wherein Tempo Air is called out time and time again for failing to keep promises and maintain communication in this urgent matter.

4. Again, does the ****** BBB, on behalf of all North ***** consumers, really believe Tempo Air's assertion that the homeowner "doesn't know how to properly live in the home"?

5. See attached evidence demonstrating how Tempo Air could not be counted on to keep their promises & properly honor the warranty.

6. Tempo Air's desperate assertions that the brand new unit was in poor health only reflects on their workmanship. Their firm had been trouble shooting the system since purchase and occupancy; surely if the root cause of the issue at hand was poor maintenance, frozen coils or a clogged primary drain, Tempo Air would have easily detected those deficiencies and the problem would have been quickly remedied. Of course, no documentation to that effect exists. In fact, only evidence to the contrary exists: see attached email and text evidence wherein Tempo Air is completely boggled and applies little more than guesswork.

7. If Tempo Air REALLY acted diligently and with expertise, and if their firm ultimately discovered that the causal factor was little more than "poor maintenance", then the **** unit's deficiencies should have been easily discoverable. However, that's certainly not what is revealed after a preponderance of the submitted evidence. Tempo Air's snarky commentary that "the fix" simply wasn't to this homeowner's liking is beyond absurd and totally discredited.

8. Tempo Air is advised that their veiled threat of damages incurred from slander is both improper in this forum and laughable. I strongly encourage the firm to seek judicial/injunctive relief if they can support this bogus claim. This homeowner has multiple witnesses that'll be providing testimony AGAINST Tempo Air in the appropriate forum. Further, Tempo Air's suggestion that their firm would have record of dissatisfied customers, including customers that have ALSO had to replace their Tempo Air installed **** systems is complete and utter nonsense. However, I do invite & encourage Tempo Air to stick with this laughable defense.

9. Tempo Air has ZERO insight on the "living habits" of this homeowner though they've testified to the contrary. Their entire defense, though easily disproved, is simply that utter destruction of coils, plenums and ductwork came about because a single thermostat was set at 67 degrees. Even on floors wherein the thermostat was never changed from 71 to 73 degrees, damage still occurred, but Tempo Air would have the ****** BBB believe this couldn't be from poor workmanship or a defective installation- it simply MUST BE because a single thermostat was set at 67 degrees.
Of course, if there's any real science to this, I submit to Tempo Air and the ****** BBB that my new **** unit is set at 67 degrees and doesn't share any of the problems my Tempo Air installed unit did. Neither does my neighbor's newly installed **** unit.

ATTACHED EVIDENCE:

See Attachment/File: 5007E628-27F9-455A-BEB4-41C7FE598104
Business response
12/11/2022
Again, Tempo appears to be at an impasse with this homeowner and completely disagrees with this latest response. Nothing in Tempo's responses is deflecting or shirking any professional responsibility. It is all objective information that applies to the homeowner's argument. Although it remains redundant, below is Tempo's response to the homeowner's latest statement.

1.If understood correctly, the homeowner is stating that a home that passed multiple city inspections and likely a 3rd party inspection by either the homeowner and/or their mortgage company is not legitimate. That is too subjective for Tempo to have a response to other than the home did pass multiple inspections and met code. Regarding the equipment performing at design condition, the home was objectively performing at and in this case below 75 degrees on a 99 degree day which at the time was design condition the Manual J.

2.Tempo has developed and maintained one of, if not the strongest partnerships with ****** in the DFW area. Tempo values that partnership and all the information that it affords to Tempo. At the end of the day, ****** is an HVAC brand. They design equipment to reach heating and cooling capacities that are then installed per local and state code just like all other brands but do an exceptional job of it in Tempo's opinion. ****** does not write design conditions or codes. The article the homeowner continues to refer to also states that the lower temperatures are applicable to exercise rooms which their home was not designed for and sleep quarters which is a bedroom the other 16 hours per day as stated previously.

3.Tempo has produced objective information that the homeowner's home was visited on multiple occasions, and they were communicated with. If it does not meet their subjective standards that is fine, but when the homeowner uses words like abandonment of the job, Tempo has proven that they are objectively incorrect.

4.As stated previously, Tempo builds thousands of homes per year and it is well understood that when a homeowner takes ownership of a home, the obligation is on them to be educated enough to know how to live in the home. Tempo is not involved in the sale or final delivery of a home.

5.Tempo cannot see what the homeowner is adding here, but as stated in the last response, Tempo did not abandon the job nor was the home still under labor warranty. The homeowner threatened litigation multiple times and as a company policy that is fairly universal across most businesses, that is when the decision was made to cease engaging with the homeowner directly.

6.The homeowner asked on their response from 11/4/22 how a poorly maintained system could cause the perceived issues of the homeowner. Tempo's response on 11/17/22 was merely objective information describing how that happens.

7.Again, Tempo's response to the homeowner was completely factual. The homeowner stated in their response on 10/16/22 that, "Tempo Air was entrusted to be the subject matter expert. Instead, it was the homeowner that approached the matter with science, data collection & deductive reasoning". True, the homeowner did not say "scientific authority", but they did state that they were the ones using science, data collection and deductive reasoning where it has been proven that Tempo has done this along the way just not to the homeowner's liking.

8.Tempo has made no threats to the homeowner at any point through the process nor does it intend to. Tempo will however defend itself as needed and absolutely values its reputation with the Better Business Bureau so will respond accordingly. To reiterate Tempo keeps records of all the thousands of homes installed per year both pre and post construction. No addresses in the homeowner's neighborhood have service records outside a few minor warranty issues that were resolved. If what the homeowner states is accurate, Tempo was unaware of these issues and was not afforded an opportunity to remedy which is obviously an important step in the *******************.Tempo has never claimed to understand the "living habits" of the homeowner, only that every time the home was visited that the homeowner did not adjust their thermostat settings as recommended. Tempo also tried multiple conventional and out of the box interventions to address the homeowner's issue in good faith and were willing to continue this until the homeowner threatened litigation multiple times. Tempo was contracted by the builder to install the original type of equipment per current code and that is what happened. Comparing a different system, at a different time of year and without investigation is not applicable in the homeowner's argument to the Better Business Bureau.

As stated previously, Tempo still stands by its work and service to the homeowner. Once the homeowner began to threaten Tempo with litigation, Tempo, like most companies would, made the choice to stop working with the homeowner. Unfortunately, the homeowner continues to use the Better Business Bureau as their personal mediation forum, but Tempo still feels that it met the scope of work and the code requirements for this home. Tempo further went above and beyond trying both traditional and uncommon tactics to assist the homeowner with their condensation issue even beyond the required warranty period and the homeowner refused to adapt to recommendations. Tempo believes it has produced enough information for this case to either be dismissed or at minimum placed in an unresolved manner and would now like to ask for the Better Business Bureau to do so. Thank you for your time and review of the conversation.
Customer response
12/19/2022
(The consumer indicated he/she DID NOT accept the response from the business.)
The BBB's mission is to promote marketplace trust by grading Tempo Air, based on their trustworthiness and performance.

The evidence presented over the three month span of this formal complaint process proves that Tempo Air's performance was anything but reputable and their trustworthiness, like the job site, was shamefully abandoned.

Tempo Air would have the BBB believe that all of this comes down to simply keeping one of the three thermostats in my home "too cold". Tempo Air wants anyone that'll listen to believe that you simply can't enjoy conditioned air cooler than 75 degrees without the possibility of flooding from condensation. This assumes that the BBB agent reading these very words, including every single Tempo Air employee, NEVER keeps it cooler than 75 degrees in their home.

The reality is; it's just not possible to believe this argument.

I've owned homes many times now. I've also lived in very humid climates- climates with much greater humidity than North *****. NEVER ONCE have I ever experienced flooding from ceiling vent registers and the damage and destruction of the surrounding drywall.

Tempo Air would have the Bureau believe that they've got it all figured out- that they're certain the destructive condensate problem arises from keeping one of my three thermostats set too cold. However, the evidence doesn't support that. Evidence presented illustrates email after email of head scratching & trouble shooting. Four years went by on this brand new system- FOUR North ***** *******, to be exact and never once did a Tempo Air employee state that they'd, "figured it out".

The evidence emails demonstrate; confusion. Troubleshooting. Uncertainty. Failed opportunities to better assess the problem at hand- and a violation of consumer trust and faith that North ***** homeowners place at the feet of an industry "expert" like Tempo Air.
The final nail in this HVAC coffin came when Tempo Air actually made an appointment to return to my home (recorded phone call wherein Tempo Air declared that she was recording the call) and then no-show/no-called. And after all of these behaviors, Tempo Air wants the North ***** public to believe they didn't abandon this job? That they didn't leave this homeowner in a lurch? It just isn't credible.

Tempo Air has testified to the Bureau that they, "can't teach a homeowner to live in their home", cruelly implying that homeowners are actually the ones to blame for their shoddy installations. This bold and arrogant statement will fall roadkill flat before a judge and it should for the Bureau as well. It's worthy of noting that during transactional closing on my home, I never reviewed or endorsed documentation that disclaimed any sort of condensate flooding on my home. The reason, of course, is because this is unusual and the result of poor Tempo Air workmanship.

Tempo Air would have the Bureau believe that my HVAC system was, "dirty, poorly maintained and a contributing factor for all of the condensate damage". However, they've presented no evidence to this effect, nor is it believable that a brand new system that they installed and maintained should be any of the compromised conditions they've testified to.
Further, Tempo Air would have the Bureau believe that all of the homeowner's problems arise from having another service provider perform simple work; the Bureau should find this very telling too. The reason for this, of course, is because the work performed by another service provider was merely adding a coolant charge. I selected another service provider to add the coolant charge because Tempo Air was gouging North ***** customers to the tune of 300% more than other providers for a simple pound of coolant.

Tempo Air would have the Bureau believe that homeowners operating their Lennox HVAC system at temperatures below 75 degrees is causal in all of this destruction. Tempo Air states that, "every HVAC service provider knows this" and that these are, "widely known industry best practices". All of this is testimony is little more than Tempo Air technique.
The reality is, ******, the manufacturer of my HVAC unit, rebuts this "tribal knowledge" in published literature and actually states that lower temperatures in sleeping quarters promote better sleep and health. What DOESN'T appear in Lennox consumer literature is a disclaimer stating that, "turning a thermostat below 75 degrees will destroy your home and HVAC unit". To consider the testimony Tempo Air has offered throughout this entire BBB process is to assume that they're more an expert on the Lennox HVAC system than the actual manufacturer. Simply put, no evidence of such an absurd claim exists.

Tempo Air would have the Bureau believe that this homeowner, "simply doesn't like the advice we given and that it's the homeowner that's to blame because they refuse to turn the thermostat up".
However, what Tempo Air can't explain is that we've had this destructive condensate problem on every one of the four floors in our home- even the floors that were NOT set to 67 degrees. There's no more science to Tempo Air's approach than there is truth in their testimony.

As stated, we've completely replaced the Tempo Air installed system at great expense. We've surrounded ourselves with actual HVAC experts and rid ourselves of Tempo Air's lies, shoddy workmanship and destructive practices. All of it works flawlessly and the new system shares ZERO similarities with all of the numerous lies Tempo Air would have North ***** consumers believe. Without regard for the diversion tactics and distractions of Tempo Air's bogus testimony, it's perfectly acceptable to select a temperature comfortable for homeowners. We are not bound by the countless distractions of Tempo Air's "ACCA ****** ** ****** inspector arguments. The home is comfortable now. The humidity is low. The vent registers no longer propagating destructive condensate moisture into our surrounding drywall.

What WAS reveled, however (and submitted weeks ago to the BBB *************** evidence) was an ailing Tempo Air installed HVAC system. A system in it's infancy, that came brand new with my home, that was full of rust and corrosion. A system that was propagating mold, with condenser coils so badly corroded that it would be impossible to believe that Tempo Air didn't notice. A system that was so badly corroded, steel mixing plenums were completely dissolved thru, with cold conditioned air venting overboard the ducting into fiberglass insulation. Insulation so soaked and saturated with condensate moisture from these corroded system compromises that the outer mylar wrap was full of dirty water.

This is not normal. This is not typical. We trusted in Tempo Air to do the right thing and so too do thousands of North ***** homeowners. It's time for the Bureau to reach a decision on this and it's my hope that the Bureau will consider the totality of the evidence and how they might best protect North ***** homeowners and consumers from Tempo Air.
Initial Complaint
08/18/2022
Complaint Type:
Product Issues
Status:
Answered
The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
I contacted tempo air on July 29th regarding the missed appointment on July 16th and the incorrect sealing of the a/c unit they replaced. I was told they were in a meeting and would get back to me. Yet I have heard nothing. Every job they have done has been halfway completed and I'm tired of it. At this point I need for them to pay for an exterminator and refund me money.
Business response
10/12/2022
Business Response /* (1000, 5, 2022/08/23) */ Contact Name and Title: Joey B**** GM Tempo SVC Contact Phone: XXX-XXX-XXXX Contact Email: joey.b****@temposervice.com The Managers at Tempo Service and Ms. ******** have missed each other multiple time through phone calls and recorded messages. Tempo has also sent emails to Ms. ******** with no response back. We would like to help in this matter and send out a manager to review claims in order to do so as soon as possible. Our team will again reach out to Ms. ******** tomorrow by phone and email contacts as notated in her account.
Initial Complaint
07/12/2022
Complaint Type:
Service or Repair Issues
Status:
Answered
The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
I purchased my home from a builder in November 2019. In December 2020, I contacted my warranty and they came out for the issue of hot rooms and not cooling well . After some diagnostics which I found out from certified HVAC technicians that there was no way they could've found that there is no problem with the troubleshooting they did. Which they set the thermostat on 70 and measured the source to be 75 with an air duct thermometer without measuring the delta T. In Summer 2021, I was out the majority of the summer so the performance can't be measured . And now after I called them to complain about the HVAC not cooling my home and paid their 109$ service fee they diagnosed that I need to replace the inside TXV and that will cost me 964.76$ labor and the part is under manufacture warranty. So obviously the issue was existing and didn't diagnose it correctly while under warranty and this is me assuming the technician/company has high ethics .
Business response
09/27/2022
Business Response /* (1000, 8, 2022/07/28) */ We do apologize if there was any miscommunication or misunderstanding of the services offered, or the services needed but I do want to assure you that at Tempo, our service technicians do not work on commission. Upon reviewing the work order and estimates for your house I was able to see that our technician noted two issues with your HVAC system and offered repairs for both. The water wash for the outdoor coil was one of the repair options given, and along with the replacement of the faulty TXV (metering valve) we do believe your system would function properly. I would also like to explain that a water wash of the outdoor coil is more extensive than it sounds, and that may not have been communicated properly. It is often necessary to thoroughly clean the outdoor coil to have the system work properly and it is recommended to have that done at least once per year, this is part of our standard maintenance plan for those who have our plan. We remove the top of the unit, often requiring the motor to be disconnected and clean the system form the inside out to remove all debris from the coil, this is per most manufactures recommendations. Our service manager will reach out to you shortly to discuss the needed repairs in better detail for you in hopes that we can make the needed repairs to have your home cooling comfortably again. Consumer Response /* (3000, 10, 2022/08/07) */ (The consumer indicated he/she DID NOT accept the response from the business.) My AC problem is existing since 2020 while the labor was under warrenty. And according to the email exhanges I have. Tempo have changed their story multiple times . One was there was nothing wrong witht the AC as Texas weather was over 100 and its operating under Texas State guidlines. After some research and talking to HVAC licensed technician, the execuse always used when the standard is misunderstood or when they don't know whats going on . Cleaning the system from inside out was already done two weeks prior Tempo tech arrived and was not dirty. Tempo tech spend 30 min and came up with TXV needing replacment. I called another HVAC tech, and spent 2 hours troubleshooting every part he possibly could. And gave me the bad news! First he asked did someone work on the dryer? because that doesn't look like a manufacurere weld?, No one did an extensive work on the HVAC since purchased the home but that I will prove if it was the case in a couple of weeks or so. He told me you dryer is blocked and also the compressor might need replacement because of it . We can change the dryer and see if that fixes the Delta T as mine was only 6 degrees different between the source and the return . And long and behold the dryr was almost shut when he took it a part. That cost me 812$ labor . The delta T increased to 13 Degrees which was a big jump . He said there are no problems with your TXV valves. If I listned to the bad diagnostics Tempo did, they would've told me, there is another problem. Now, it was 103 degrees outside and I was chilling at 76 tops inside when the thermostat is set to 72. But even that is still not operating correctly . In any HVAC system your Delta T needs to be 16-22 difference, this is how you know your HVAC is working . If it was in this range and your home is still worm , then your AC is undersized or you have bad insulation, simple as that. (BTW Tempo, I need the load calculations done on my home via your PE mechanical engineer. If you don't have it I will ask Lennar) My honest HVAC tech, replaced the dryer and told me to measure the difference after 24 hours untill the system balances out - it was a cheaper repair for me, yet a bas decision. It was 13, measured high suction and low head pressure . It's now a compressor , as he exactly stated before doing the repair. This how confident he was as he promissed if I didn't get that Delta T were it belongs , he is installing me a new unit, free of charge. Now, I am waiting on a new compressor. Again, this issue is an exiting since 2020 , and dryers don't get clogged in one day and again it's not a TXV valve . I have all email exchanges from the builder in regards of story changes but unable to post due personal emails and names. Quote 1: Good afternoon, I spoke with Tempo regarding the last service call. When outdoor temps exceed 100 degrees, the system is not going to reach the 70 degrees you are setting it to. It is not manufactured or designed to do so. However, Tempo recharged your Freon levels and checked the system. They recommended cleaning the outside condenser coils and changing the air filter. It is also recommended to keep interior doors open during peak hours and run ceiling fans for proper air circulation. ?At this time, the unit is operating within the Texas state guidelines. If you have any questions, please let me know. Quote 2: Per Tempo, "Upon arrival customer explained issues and that he wants to maintain 70* temp inside the home with outdoor temps over 100*. After investigation, found system showing little overcharged. Txv was tested but not responding properly. Suspected txv restriction causing refrigerant levels to show overcharged. Advised customer that the condenser unit coils are dirty and recommended cleaning. Customer says he cleaned coils about 2 weeks ago. hi/psi 405 hi/line tmep 102 low/psi 170 line temp 78 indoor TD 67 supply cs 79 return side. Clean air filter. Clean evap coil. At this time service tech highly recommended customer to clean condenser unit and after that double check refrigerant levels and the indoor TD. Customer refused to proceed with any repairs. Explained that parts are covered under manufacturer warranty but labor is not and that he is out of builder warranty. Explained to the customer that if refrigerant is needed after replacing the txv, customer will have to pay for additional pounds and any other labor involved. Customer said he would get someone else to maintain their system and desired to speak with builder. Service tech provided H/O with estimates for recommendations and is not interested in any maintenance plans. > In quote 1, I understand 4-5 degrees difference higher than your set point in extremely hot weather but not 15-20 more. And please Tempo don't ever say "It is not manufactured or designed to do so", this is a bold statment for the homes in Texas and HVAC nanufacurer will cringe. > In quote 2., I never said to maintain 70 degrees at my home, and that measurment difference is also false and its lower. I said I set it to 70 degrees and my home is at 85-90? This is no longer an HVAC. I am going tp pursue extra measures, but once my documentations and evidance is complete.
Initial Complaint
02/08/2022
Complaint Type:
Service or Repair Issues
Status:
Answered
The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
I purchased a home through trophy signature dec XX XXXX which had the hvac installed through Tempo Air. Tempo Air incorrectly installed the air filter which led to thick foul construction dust to escape from the return to supply side of venting. Entire home filling with dust and dirt. Tempo refuses to remedy their mistake and clean the hvac system.
Business response
03/18/2022
Business Response /* (1000, 7, 2022/02/24) */ Contact Name and Title: Jared Vaughn Sales Leader Contact Phone: XXX-XXX-XXXX Contact Email: ************@tempoair.com Regarding the complaint filed by Mr. ********, Tempo Mechanical has found no fault in our process that could have resulted in the home filling with dust and dirt as claimed. We completed a full start-up on 12/9/2021 with only a minor return trip on 12/20/2021 to replace an exhaust fan that would not switch on. At the start up on 12/9/2021, our technician took photographic evidence per protocol of a 1" filter being installed correctly and a 4" filter being left in bag near the system to be installed during the new homeowner walk per agreement with Trophy Signature Homes. This 4" filter was not installed nor was it onsite when our technician ran a warranty call on 1/21/2022. At that time the 1" filter was now installed incorrectly and extremely dirty. Tempo is not in control of anything that happened between the time of our startup and the first mechanical warranty call. Any number of issues could have lead to the complaint Mr. ******** had about dust, but our installation was done per scope of work and documented accordingly. Regardless of this conclusion, Tempo Mechanical worked with Trophy Signature Homes to secure a duct cleaning by Tempo's Service division at reduced cost and this was completed on 2/21/2022. Our request in doing so was for the BBB complaint from Mr. ******** to be removed and at this time, that request has not been met. We ask for this complaint to be removed.
Initial Complaint
11/30/2021
Complaint Type:
Product Issues
Status:
Answered
The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
I got to to go outside for over an hour while the technician tried to find the motor or wait for the office to call him about the motor, or the price of the motor, the availability of the motor - I didn't know what was going on, and it would have been nice to just know what was going on. Why couldn't the technician just inform me the office could call me once they had the information? I eventually I did get 3 emails though, for a switch, a capacitor and a parts acquisition fee of $200? I should be charging ya'll for wasting my time. The hour + I spent waiting I could have drove to Trane Supply and found the motor cost and availability as it's pretty much the down the street. I'm not even sure what I paid the $93.00 for but I might just dispute the charge, as I was told just to sign a tablet that I couldn't even see because the screen was not working and dim. The things tempo said that we're wrong truly weren't- the guy was not even testing things and was more interested in selling me a new unit or expensive parts. Once I asked about how much a new outside unit would be and was told $8000 and up.
Business response
02/11/2022
Business Response /* (1000, 5, 2021/12/07) */ Contact Name and Title: Justin ******** V. P., Contact Phone: XXX-XXX-XXXX Contact Email: **************@tempoair.com We are sorry that Mr. ****** felt inconvenienced at the time it took to find a replacement part, there are a few factors in that process that are out of our control. Our technician was at his home on 8/26/21 for a total of 1 hour and 18 minutes, per our GPS records. A portion of that time was spent performing the diagnostic on the system (that diagnostic is included in the $93 service charge collected) and did call a vendor to locate a part. Unfortunately, there tends to be long on hold periods with vendors, even for contractors like ourselves but with sever shortage on materials and parts that we are all facing today, we must make sure a part is available before offering repair options so we may inform the customer of any lead time. The acquisition charge that was quoted was on option, that we provide to every customer, to cover the charge to go pick up the part immediately and return for the repair. This is only an option as the customer can always choose to waive that cost and we will order the part and return to install it at a later date, this is why it was on a separate invoice to allow that option. We do also apologize about the iPad not working well, that has been addressed and repaired since then, and the price for an outdoor unit can vary greatly as we have many options for replacements that could be detailed in an estimate if requested. The emailed estimates were sent due to the fact that the homeowner had to leave before the work was completed per the notes on the invoice. It is unfortunate that there seems to have been a miscommunication or poor communication on our behalf, but the only charges collected were for the diagnostic, which was performed, Tempo will still honor the estimate for repairs given if the customer wishes to proceed with any repairs. Consumer Response /* (3000, 7, 2021/12/08) */ (The consumer indicated he/she DID NOT accept the response from the business.) It was 100 degrees the day the technician sat inside his van no relaying any information to me, meanwhile I have a household and a job to run and explained that to the technician. The technician just said I'm waiting for the office to let me know the price and availability of the part, not "Sir go ahead and be inside and I'll call you or email you once I get the information requested" I had to pull teeth for ANY information from him. The technician nor the office ever said one word that the fee for getting the part could be waived if I wanted to order the part and wait. Once I inquired about the rough cost of a new outside unit the technician was only concerned and trying to sell me a new unit for a ridiculous amount. Reading up more on Tempo it appears the technicians get money for what the sell onto of things so if that is true, it makes sense why he was more interested in selling me a new unit. I understand sometimes we have to put on hold to get information, my issue is whatever was going on should have been relayed to me so I didn't have to check in with this guy every 10 minutes. He was at my outside unit for under eight minutes, and at his van for the remainder of the time and security camera footage verified that. I was there until the technician left, as another HVAC company was coming out that I had called after Tempos technician wasted my time. The office called and told them I would rather pay more money than to give ya'll the business because I was left out of what was going on running inside and outside asking the technician for information. I never left the home that entire day as I was working from home. Tempo admits their communication was poor and that's an understatement. If it's worth it for me to review you on all avenues detailing the events that happened and opening a dispute with on my credit card then there is no need to reply to this message. I emailed you multiple times months ago and no one would even return an email to me - but tell me again how you care about me as a customer? Only after I open a case with the BBB do you want to respond.
Initial Complaint
10/15/2021
Complaint Type:
Service or Repair Issues
Status:
Answered
The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
I purchased a home from Lennar in August. Tempo installed the A/C unit and has been out to my home 5 times to work on my A/C unit. Each time Tempo said that there is nothing that they could do. I have since found out that they installed an undersized unit for the square footage of my home. I have a 1.5 ton compressor, 2.5 ton coil. The Manual J load calculation report that I got from Tempo does NOT even reflect the equipment installed in my home. I have experienced comfort issues since moving in and I want the correct compressor put in.
Business response
01/28/2022
Business Response /* (1000, 5, 2021/10/28) */ Contact Name and Title: Jared V********** Contact Phone: ********** Contact Email: ************************* For Lennar Homes in the community the homeowner lives in, Tempo Air installs 16 SEER single stage gas HVAC equipment. The homeowner has been informed that although a********** coil is what was originally designed for this home, due to supply chain restrictions caused by COVID-19, we ended up installing a ********* coil which is approved by the AHRI to meet 16 SEER and the performance required per TDLR regulations. The AHRI Reference Number is *********. Our techs did visit the house 5 times and each time found the equipment to be performing at or above acceptable industry standard. The house has been notated within 1 degree difference of thermostat in each room with temperature showing lower than 70 degrees on very warm days. This more than exceeds what is needed. Regarding sizing, per Municipal and State Code (2015 ICC, IRC, IECC, etc... & ACCA Manual J, D and S) each home that Tempo Air installs HVAC in is evaluated and designed on the address specific level, considering County average heating/cooling temperatures as well as individual plot orientation to account for sun exposure to exterior walls and windows. Something to understand upfront is that oversizing is just as much, if not more of a concern than under sizing even in Texas. Manual S allows single stage equipment capacity to be from 90% up to 115% of the total required load and Energy Star allows 90% up to 130%. The reason that oversizing is a major concern that we watch out for is that if the HVAC unit is too large it will satisfy the cooling needs too quickly and not remove moisture from the air effectively. Over time this can lead to growing humidity within a home and in extreme cases can lead to potential microbial growth. In this home and all the other homes built with this plan, the entire building envelope is served by a single 1.5 Ton unit where sensible capacity is at 110% of the sensible load and total capacity is at 118% of the total load (while the 2.0 Ton option would be 130% sensible and 143% total). To move this up even a half ton would be outside of even Energy Star standards. ACCA Manual J specifically prohibits using Rules of Thumb in general and especially Rules of Thumb based on Square Footage such as 500sqft per Ton (Chapter 2, Section 4 "Improper Practices"). This is a difficult mentality for homeowners, builders and even many contractors to adopt, however it is Building Code and we have seen many homes with upwards of 1000sqft per Ton in some instances. An Example we give builders and homeowners to disprove the notion of Square Footage being a reliable indicator of HVAC needs would be along the lines of having 2 of the same 2000sqft home built next door to each other, the first with 10-foot walls and the other with 20. The first home will have half of the total volume and exposed surface area of the second and will require much less air conditioning. In closing, we are at an impasse with Ms. ******** and have had extensive communication which we are glad to share with you if you would care to review it. I hope this explanation was both complete and straightforward for your needs, please feel free to contact me if something warrants further questioning and I will be happy to help and discuss. Consumer Response /* (3000, 7, 2021/11/04) */ (The consumer indicated he/she DID NOT accept the response from the business.) My A/C does NOT function properly. I had a Licensed Mechanical Engineer provide a second opinion and they determined that the unit installed in my home is not the correct size. Also, they do not agree with the mix matched system installed in my home for the square footage that I have. I have not been comfortable in my home since moving in. I have had 4 different Tempo techs come out and each one stated to me that there was nothing they could do. One of them told me to get to know my system (which I found odd) I told another tech that Lennar was in my home and they agreed that something was wrong with my A/C the tech replied "then why isn't Lennar here". Tempo & Lennar both refuse to give me plans, permits or inspections or start up reports. All I get is the run around. I received the Manual S & J report that Tempo performed to select the unit size. However, there were numerous discrepancies, including the wrong unit on the report. Tempo can't and won't provide me with the reasons for the discrepancies. Also, Tempo has not been able to demonstrate the unit performance. I am under warranty and I want my A/C to provide me comfort, the unit needs to be replaced with the correct size. I have attached the second opinion.

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BBB Rating & Accreditation

A+

Accredited Since: 2/24/2020

Years in Business: 58

Customer Reviews are not used in the calculation of BBB Rating

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Contact Information

911 Maryland Dr

Irving, TX 75061-5748

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(972) 579-2000

Business hours

12:00 AM - 11:30 PM

Business Hours
Monday	12:00 AM - 11:30 PM
Tuesday	12:00 AM - 11:30 PM
Wednesday	12:00 AM - 11:30 PM
Thursday	12:00 AM - 11:30 PM
Friday	12:00 AM - 11:30 PM
Saturday	12:00 AM - 11:30 PM
Sunday	12:00 AM - 11:30 PM

Customer Complaints Summary

9 total complaints in the last 3 years.

1 complaints closed in the last 12 months.

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