my husband and I signed a contract for 11 new windows for our house in UT with a Window Co.INC. the Rep told us that the windows include a new vinyl window sill and that the tile sills we have installed now would be taken out and replaced. Also he told us that these windows come with a lifetime warranty.
The installers showed up in Nov to install 13 windows. At that point I called the Gen. Manager and told him that we only ordered 11 windows. He told me that we would receive a great discount if we would take the other 2 windows and it would only cost us $4,250 installed for all 13 windows. So I agreed. Then during the installation I found out that the installers would not take the existing sills out but put a 4 inch vinyl strip OVER our existing sills. I called him back and we agreed that when they come out to finish the installation after a weeks wait to get the windows "settled" they will take the old sills out and replace them for $300 cash with new ones. I agreed again.
The Tuesday after the installation day, November 16, 2006 they called me on my cell and wanted to meet to finish the contract. At this point I was at work as a Substitute Teacher at a Jr.High School teaching a class. I told him that I get off at 2:15pm and that we could meet after that. Jerry called me back and asked me if I wanted a sandwich or something to eat. At this point I thought we will meet AFTER class and I told him I would like a salad. About 20 min later he showed up in my Classroom with the papers to be signed. I did not have a very big class and we where watching a movie, even so I was a little reluctant to let him in the classroom. He kept telling me that he has to go somewhere else and this would only take a minute or two and that the lady at the office said it would be ok. I looked at the papers and noted a discrepancy with the final financing amount. We agreed on $4250 and the contract said $4619.57. I asked him about the difference in price and he told me at this time that the company we financed with for 12 month same as cash/no payments are charging the difference in the price. This is a fee the company charged him for letting us make no payments for a year. I told him that I don't feel very confident signing this document because I did not know anything about the added on fee and because the installation was not finished. I told him that I would like to call my husband at this point but the kids where getting a little out of hand and I did not want to cause a scene in front of the kids. He told me that my husband was aware of this and that he explained the added on fee to him over the phone and that he was ok with it. I just wanted him to leave and get out of my classroom where he should not have been in the first place so I signed the document and took his word and handshake that he will send some guys out to finish the install and do the sills at the same time.
I called them numerous times in December to get an appointment scheduled for the work Jerry promised me with a handshake. I talked to him and he kept telling me that this will have to be authorized by Jerry and he will have to call him to get the ok. He never called back and after a few called, he did not even answer his phone when I called. At this point I disputed the charges with the Credit Card Company. My husband got a call from them a few weeks after I mailed the dispute off threatening him that if we would not take the dispute back they would come out and take the windows back and sue us for the price of the windows ($4619.57) My husband explained to him that he will have to come out and do what we agreed of, finish the sills and finish the installation. Jerry agreed to that if we drop the dispute because his Credit Company is taking their money back and he is in financial trouble as it is. I told Jerry that if I get this in writing, I will drop the dispute. I did get it in writing that they will install the sills and finish the installation at the same time. So I dropped the dispute.
To this day, I have not received the promised installation and in the mean time, I have 3 windows with broken glass. ( We have a lifetime Warranty on these Windows ). I sent several emails to them because he does not answer his phone or return calls when I leave a message. I get emails back that it will be taken care off but nothing jet. I have water coming in from the outside at the broken glass, due to the sprinklers and that already caused several problems with water damage in my basement.
I have filed a small claims suit in the meantime for the amount of $920.00 . We had court scheduled for Nov 7th . Today, Nov 5th I was informed that the defendant requested a continuance and a new court date for Jan 9th was scheduled . The defendant called me on Friday to inform me that he will do that. Now in the meantime my year with the no payment and interest will expire and I will have to pay almost $400 in finance charges on top of everything else. The defendant knows this and that is the reason he asked for a continuance. I would really like to sue him for the entire amount of the windows now which was $4619.
The installers showed up in Nov to install 13 windows. At that point I called the Gen. Manager and told him that we only ordered 11 windows. He told me that we would receive a great discount if we would take the other 2 windows and it would only cost us $4,250 installed for all 13 windows. So I agreed. Then during the installation I found out that the installers would not take the existing sills out but put a 4 inch vinyl strip OVER our existing sills. I called him back and we agreed that when they come out to finish the installation after a weeks wait to get the windows "settled" they will take the old sills out and replace them for $300 cash with new ones. I agreed again.
The Tuesday after the installation day, November 16, 2006 they called me on my cell and wanted to meet to finish the contract. At this point I was at work as a Substitute Teacher at a Jr.High School teaching a class. I told him that I get off at 2:15pm and that we could meet after that. Jerry called me back and asked me if I wanted a sandwich or something to eat. At this point I thought we will meet AFTER class and I told him I would like a salad. About 20 min later he showed up in my Classroom with the papers to be signed. I did not have a very big class and we where watching a movie, even so I was a little reluctant to let him in the classroom. He kept telling me that he has to go somewhere else and this would only take a minute or two and that the lady at the office said it would be ok. I looked at the papers and noted a discrepancy with the final financing amount. We agreed on $4250 and the contract said $4619.57. I asked him about the difference in price and he told me at this time that the company we financed with for 12 month same as cash/no payments are charging the difference in the price. This is a fee the company charged him for letting us make no payments for a year. I told him that I don't feel very confident signing this document because I did not know anything about the added on fee and because the installation was not finished. I told him that I would like to call my husband at this point but the kids where getting a little out of hand and I did not want to cause a scene in front of the kids. He told me that my husband was aware of this and that he explained the added on fee to him over the phone and that he was ok with it. I just wanted him to leave and get out of my classroom where he should not have been in the first place so I signed the document and took his word and handshake that he will send some guys out to finish the install and do the sills at the same time.
I called them numerous times in December to get an appointment scheduled for the work Jerry promised me with a handshake. I talked to him and he kept telling me that this will have to be authorized by Jerry and he will have to call him to get the ok. He never called back and after a few called, he did not even answer his phone when I called. At this point I disputed the charges with the Credit Card Company. My husband got a call from them a few weeks after I mailed the dispute off threatening him that if we would not take the dispute back they would come out and take the windows back and sue us for the price of the windows ($4619.57) My husband explained to him that he will have to come out and do what we agreed of, finish the sills and finish the installation. Jerry agreed to that if we drop the dispute because his Credit Company is taking their money back and he is in financial trouble as it is. I told Jerry that if I get this in writing, I will drop the dispute. I did get it in writing that they will install the sills and finish the installation at the same time. So I dropped the dispute.
To this day, I have not received the promised installation and in the mean time, I have 3 windows with broken glass. ( We have a lifetime Warranty on these Windows ). I sent several emails to them because he does not answer his phone or return calls when I leave a message. I get emails back that it will be taken care off but nothing jet. I have water coming in from the outside at the broken glass, due to the sprinklers and that already caused several problems with water damage in my basement.
I have filed a small claims suit in the meantime for the amount of $920.00 . We had court scheduled for Nov 7th . Today, Nov 5th I was informed that the defendant requested a continuance and a new court date for Jan 9th was scheduled . The defendant called me on Friday to inform me that he will do that. Now in the meantime my year with the no payment and interest will expire and I will have to pay almost $400 in finance charges on top of everything else. The defendant knows this and that is the reason he asked for a continuance. I would really like to sue him for the entire amount of the windows now which was $4619.
