Complaints

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• Initial Complaint

  Date:08/29/2022

  Type:Order Issues
  Status:

  UnresolvedMore 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.

  In March 2022 , I signed a contract with Ninja coating to have my pool area coated. I was told the project would probably be completed by end of June but definitely by 4th of July. In reading the contract prior to signing it, I saw it stated there was no guarantee on the time frame for the project. This bothered me so I requested the contract have a time frame stipulation. Anthony agreed and entered in the project would be started within 20 weeks. This gave me the understanding that should they not start the work I would not lose my deposit. So I proceeded with the contract and gave them my 3000.00. During April and May, I received a call from their office stating the project was on schedule. The June and July 4th expected start date passed but I didn't call Ninja giving them their 20 weeks since that was in our contract. Around 25 weeks mid August, I asked that my deposit be refunded since the project had not started. At first they apologized and stated they would contact someone to give me the refund. On sequential calls, I was told that they would come out in the following week to start the project. At this point, I don't trust that the work will be done up to my expectations or if there was warranty work required on their life warranty product it can or would be done in the timely fashion. I felt they would not show up or take years to come out. I don't trust them! When I questioned that the contract had not been honored on their part, which is why I wanted my refund, I was told that the project had started in March in their eyes since they had ordered the material. If I wanted the project done by a certain time, the contract should have stated a completion time. I believe Ninja Coating has not fulfilled their contractual agreement with me. At this time they are refusing any refund to me

  Business Response

  Date: 08/30/2022

  Unfortunately weather delays have prevented this project from starting within the time frame preferred by the customer. Our installation team can now begin the work but the customer has informed our office that she now wants to cancel.
  
  
  
  The customer's contract clearly states that deposits are non-refundable after 3 business days. If the customer will allow the work to begin, the project will be scheduled accordingly.

  Customer Answer

  Date: 08/31/2022

  (The consumer indicated he/she DID NOT accept the response from the business.)
  
  When Anthony called me, we discussed not meeting the contract time frame. Anthony told me the delay was caused by a merger between his company and another that had gone badly. With the merger they had missed the deadline. He didn't say weather, he said Merger to which I told him that had nothing to do with mother nature or me! Weather may have been bad the last few weeks in, but the project should have been done prior to the current weather issues. I went online to check the weather from March 10th thru July 4th. There were only 19 days of rain with 7 of these being on the weekend. I was told numerous times by signing the contract in March, that there was no reason that a completion should not be completed prior to the 4th of JUly 2022. This was allowing for weather since, he knew the project could be done in June with the weather worked out. I gave them almost 7 weeks after the date I expected them to do the work, The 4th of July date we discussed. There was the Three 1/2 weeks that took me to the 20-week clause. Then another 4 weeks passed after the 20-week clause. The actual time it took for them to get back with me was almost 24 weeks from the date of the contract. Again the 20 weeks already included time for weather issues. I was told by Anthony; it would be done without fail prior to July 4th. since I was signing the contract with him that day, March 10th. I had told Anthony we were having a 4th of July party and was anxious for the work to be completed prior to that date. I signed the contract on March 10th, 2022. Anthony actually laughed and said since I had not given them a full deposit that he wanted (half of the work) that my work would go first before others since he would be wanting to get his money back for supplies. He repeatly told me as the General Manager he could guarantee there were no issues in the completion by 4th of July. In April and May, I received a call from their office stating that the work was still in the schedule to be completed in the time frame that Anthony had told me.
  
  
  
  The reason for the 20 week clause being added was when reviewing the scope of work with Anthony, it stated no guarantee on time frame. Taking Anthony's word for the completion didn't make me feel comfortable with the language of the contract. Even though I was told it would be done, I thought I needed something in there to protect myself. Anthony was reluctant but since I refused to give him a deposit he finally agreed to add a clause. When he put the clause of 20 weeks, I was told that the extra weeks (from July 4th to July 28th - the end of the 20 weeks), were added just in case there was weather delays. But he fully expected it to be done sooner. With this, I signed the contract. However, I didn't realize that they added additional pages to the scope of work via the email or I never would have given him a deposit or signed the contract.
  
  
  
  When I signed the scope of work on Anthony's electronic table agreeing to the contract after the clause was added and after reviewing each item with him, there were no other Terms and Conditions listed. I was signing my signature based on the Scope of work that was outlined prior to the signature page and reviewed by Anthony and myself. Anthony never told me that addition pages were going to be added to the Scope of Work that we had reviewed. No Terms and Conditions page were ever shown to me on his table nor was I told to be expecting them in his emailed contract. I was told I would be receiving what he and I had gone over. I was told that the papers that I had signed, and he had reviewed with me would be emailed. I didn't open his email since I thought I knew what was in the document since I had reviewed it on his table. Never did I expect that a company would add items to a contract after the signature page. As soon on the PDF of the contract I submitted
  
  
  
  They didn't honored their contract with the time frame and I don't trust them. Why: First, they don't do the work as the contract states within the 20 weeks. Making no contact with me since May 2022. They added additional pages to the Contract (Scope of work) without informing me they are going to do so. If they are deceitful, with the contract, how am I to know the work will be done correctly. Finally, if they can't perform the work on the contract in a timely fashion then I know the Lifetime warranty I am supposed to be getting will never be honored in a timely fashion. They were very dishonest. I don't trust them and want no part in working with them. Honesty and Integrity are two important factors in my doing business with someone. They lack both