Complaints

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• Initial Complaint

  Date:26/10/2022

  Type:Delivery Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  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.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  We purchased an ******* ****** washer directly and at full price. It is in need of maintenance and Esporta Wash Systems is refusing an e-commerce sale unless we subscribe to a monthly membership, upgrade our machine's control system (which works fine), and purchase their detergent exclusively. A verbal conversation was had with Alyson F*** on 10/25/22 and she informed me our account would be put on "Hold" until we comply. Attached is an e-mail indicating refusal to ship proprietary parts necessary to repair the unit.
  
  The e-commerce website doesn't say anything about a membership being necessary and parts appear to be available to the public. **** ************* ** ******* ** ******** **** *** ********* *** ****

  Business Response

  Date: 02/11/2022

  Dear BBB,
  
  Thank you for bringing this to our attention and we appreciate the opportunity
  to respond to these false and misdirected statements from the Complainant. Our
  technology and its process is founded upon proven results and third party
  testing/verification. We hold several patents not only on our machine but the
  very process that guarantees a specified wash result and cleaning efficacy. 
  We take this one-of-a-kind industry leading capability extremely seriously and
  as such have strict requirements/parameters in place to help ensure this result
  can be replicated regardless of customer and location.
  
  This deliberate approach is paramount to the safety of the industries we help
  service including the Complainant. As such, each and every customer (and we
  have many of them across the globe) of our Wash System all sign a Purchase and
  Sale Agreement agreeing to use the machine we sell them as specified. This Agreement
  clearly specifies that only our supplied Detergents and Cleaning Supplies can
  be used and any deviation of this is considered a breach of contract and
  subject to the effects of termination.
  
  This language can be found in section 5 Wash Bags and Cleaning Supplies of
  their Purchase and Sale Agreement signed by the Complainant Company on May 29,
  2008. The Agreement also clearly indicates in Section 12 c) Effects of
  Termination that we have the right to order the Complainant to discontinue
  their operation of the machine and adopt any mechanism to prevent its continued
  operation if the breach has not been remedied.  The Complainant Company
  has not purchased detergent from us since 2014 and has in fact developed their
  own detergent for use in the machine instead, which is in direct violation of
  their Agreement. The Complainant and Complainant Company have been informed
  (e.g. via email April 2, 2020 and verbally September 30, 2020 and now once
  again most recently) of their breach of contract and their responsibility
  within the signed Agreement.  We are not asking the Complainant Company to
  do anything more then what they legally agreed to in 2008.
  
  When the Complainant reached out to our service department on October 25, 2022
  requesting information on replacing the bearing in their machine, they were
  once again verbally advised that they are in breach of their Purchase Agreement
  and that their account as such is on hold. Our Service department spoke with
  the Complainant for 25 minutes about why we require our detergents to be used
  and that they are **** compliant. In addition our Service Department discussed
  future opportunities for additional machines with the Complainant. The
  Complainant indicated he would be relocating to a different state soon and
  wanted to know about purchasing a used machine in the future. The Complainant
  was advised that we require Purchase Agreements with used machines as well,
  which include a mandatory hardware & software upgrade on older models to bring
  the older machines up to current technology used on new machines. This upgrade
  comes at a cost to the purchaser, and if he is looking at purchasing a used
  machine, he should expect this cost as well as to sign a similar agreement with
  the same requirements for detergents. The Complainant requested we send
  information on our **** compliant detergents, documentation on our third-party
  studies, and information on the machine upgrade, all of which were provided on
  October 25, 2022.
  
  We also included information regarding our membership benefits if interested.
  The Complainant’s statement that a “membership being necessary” is incorrect
  and clearly misunderstood. We were simply informing him of the membership
  programs we offer, which includes such things as advanced training and support,
  free shipping on all orders, and an extended warranty for as long as you own
  the machine and are an active membership subscriber. We did not tell the
  Complainant that a membership was required in order to sell them the part they
  believed they needed to fix their machine.
  
  Our service department also requested photos of the bearing that needed to be
  replaced so that we could ensure the correct parts would be available. The
  Complainant ignored this request and attempted to “backdoor” purchase bearings
  from our online store under a differing name not the Complainant’s Company name.
  Regardless, their order attempt was flagged as they ordered the incorrect
  bearings and the order did not include detergents as previously requested. The
  Complainant was advised via email that because their account was on hold the
  order would be cancelled and refunded. The Complainant was taken aback by our
  refusal of an e-commerce sale.
  
  Once again, they were informed via email of their obligation to use our
  detergents. Because the Complainant Company only performs **** compliant
  cleaning services, our Service department responded with the request that
  rather than purchasing a full line of our detergents as we normally require,
  they simply purchase the applicable 2 **** compliant detergents and we will
  remove the hold on their account and provide parts and service. We requested
  photos of the bearings again so that we could quote them on the proper parts
  and the 2 required detergents. The Complainant Company responded by remaining
  firm that they had no intention of using our detergents even though it was in
  direct violation of the very Agreement they had signed. The customer was sent a
  copy of the original Purchase Agreement, instructed where in the Agreement to
  find the requirement to use only our detergents and were reminded that we are
  only requesting them to purchase the 2 **** compliant detergents to remove the
  hold on their account.
  
  Despite several attempts the Complainant Company has continued to ignore their
  contractual requirement and remain in breach of contract. We have informed the
  Complainant that we would be more than happy to service them once they remedy
  the breach as outlined in the Agreement, which is the discontinuation of the
  improper detergent and the purchase of our detergent. The Complainant has chosen
  to ignore this request and as such are the only ones preventing themselves from
  continuing to use the technology to service their customers.
  
  We stand by our policies and take quality assurance very seriously. Due to the
  nature of the items processed in our Wash System, improper use of the machine
  or detergents puts the machine owner and the invidual(s)/company(s) they are
  servicing at risk as a result of poor and unverified cleaning results leading
  to potential health and safety concerns. We are not asking the Complainant to
  do anything they have not already agreed to nor anything we do not ask any
  other customer to adhere to. 
  
  Simply put, we are not refusing service for the reasons described in the
  initial complaint but rather that the Complainant is not fulfilling their
  contractual obligation and purchasing the required detergent for which we have
  given them ample opportunity to remedy. The Complaint Company just needs to
  honor the Agreement that they signed.
  
  BBB, we appreciate your assistance in further clarifying this matter with the
  Complainant.
  
  Regards,Tell us why here...