Complaints

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• Initial Complaint

  Date:05/13/2024

  Type:Service or Repair 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.

  An overhead garage storage rack was installed on 4/15/22. It was rated to hold up to 600lbs with a lifetime warranty. However, on 4/17/2024, one of the mounting support posts came out from the ceiling & the rack fell. Over 1/2 of the rack's contents fell on my car, causing dents and a shattered windshield. I promptly called the company, who said the owner and his son would come to inspect. ****, the owner, said we did not have anywhere near 600lbs on the ********* should never have fallen. He admitted it was not a faulty rack, but a failed installation. He also informed us that the installer responsible for our installation has been fired. He let him go because there were 5 other failed installations. The installer put the s**** too close to the edge of the wood, causing it to come out easily. He apologized & explained that he usually just gives the customer money for any damaged items. He mentioned that he has never had something fall on a car before, but he has insurance for such situations. He reassured us not to worry if the ins did not pay, he would. He requested us to obtain two damage estimates. Prior to departing, he and his son reinstalled the rack and ensured all screws were properly reinforced. The other screws were reportedly okay. We obtained 2 estimates as requested and sent them to him on 4/29/24. The next day, he emailed me confirming receipt of quotes and informing me that he was in touch with the insurance company for updates. On 5/7/24, he finally updated me, stating that his insurance company deemed him not liable since the rack did not directly cause physical damage to the car, only the items on the rack. He confirmed their warranty support but declined to cover damages due to insurance limitations. He agreed to contribute $500 to offset my deductible for repairs. I'm unclear how he can deny responsibility for a 600 lb guarantee that collapsed. Fortunately, no one was in the garage or else it could have been fatal or caused serious injuries.

  

  Business Response

  Date: 05/20/2024

  This is The Smarter Garage response to the complaint filed by ***************************:
  Resolving customer complaint:
  On April 17, 2024, at 5pm our office received a phone call from the customer. The customer said there was an incident involving an overhead rack we had installed on April 14, 2022. We immediately went to the customers house and assessed the situation, we made an immediate repair, we resolved the issue and in good faith we loaded the customers belongings back onto the rack. We did not charge them for labor or materials. We apologized for the inconvenience. We explained to the customer that we would notify our insurance company in regard to the damage to their car.
  We do not know what may have caused the incident which made 1 s**** to come loose from its mount. The s**** was installed into the wood for over 2 years. This was the first incident we have had. I explained to the customer that because I do not have any experience in this situation, I did not know if it was going to fall under my company's general liability policy, the customers homeowners insurance policy or the customers automobile insurance policy. I told the customer I play by the rules. Whatever I have to do, I will do. I asked the customer to give me an estimate on the car damage so I can show it to my insurance company. After speaking with my insurance company adjuster, she informed me that this claim will not be covered under our insurance policy because over 2 years had lapsed since the original install date and this is not an installer error because this rack had been in the ceiling for over 2 years with no issue. The adjuster also stated that the insurance company will not hold my company liable for the loss or damages. The adjuster also explained that since the damage was to an automobile, the customer must go through their own automobile insurance. I never told the customer that if my insurance company does not cover the damage, that I would pay for the damage. 
  I apologized and sympathized with the customer. I responded promptly to the customer explaining our companys position and policies. Because of the inconvenience to the customer, I cheerfully offered and was willing to help the customer by offering to pay up to $500 to cover the cost of their automobile deductible. I promised the customer that I would keep my word and reassured them that we would do all we could to. Which I did.
  Factual occurrence:  After my examination, it appeared that only 1 s**** came out of its mount. I stated to the customer that upon my examination, there was wood everywhere. I explained that the s**** was in the wood and that I did not understand how the s**** could come out. I installed a new s**** which held fine and reloaded their rack. There are a total of 8 screws supporting the rack in the ceiling. The rack never fell out of the ceiling as the customer claims. Since it has been over 2 years since the installation, we have no idea how much weight has been stored on the rack, how many times they have moved items around on the rack, if anyone had been pulling on the rack or hanging anything heavy from a hook below the rack, or if there is any structural damage in the wood structure not visible which may have lead to the s**** coming out.
  The overhead rack has a limited lifetime warranty, which covers manufacturing defects and we offer limited lifetime warranty on the installation. We immediately covered the installation warranty and there was no defect or damage to the rack. At no charge.  I explained to the customer that I have installed thousands of racks in the past 5 years and have built a reputation of service and dedication to our customers with over 500 5 stars reviews from our customers on how professional we are and how our customers appreciate the way they were treated during their experience from start to finish. The proof of the integrity of this company is based on our performance for this customer and all customers, that within 1 hour from the initial phone call, after hours, we responded immediately and repaired the rack within 1 hour. The customer was so surprised that we reacted within 1 hour and that we corrected the problem and reloaded their belongings back on the rack. The customer was very satisfied and appreciated how responsive we were and how well we fixed the issue.
  I have all email correspondences with the customer and photos of the rack and car damage. I have done everything I could in good faith to resolve the issue. Unfortunately, accidents happen, and in this case, the insurance available to repair the damages to the car, must go through the customers automobile insurance policy.  I have attached photos that show the 1 s**** being referred to, along with the items that were still on the rack.that had not fallen off and the mount/screw repaired.
  If you require any insurance information, please let me know.
  
  

  Customer Answer

  Date: 05/22/2024

   
  Complaint: 21695852
  
  I am rejecting this response because:

  
  The original call was actually made to the business at 4:00 pm on 4/17/24 and the fact that the owner has said he does not know what may have caused the incident is pure fabrication and deceit. Upon arrival to our home and after inspection, both him and his son stated that the rack should have never come out of the ceiling, and it was indeed an installer error. He informed us that the employee who installed our rack has been since fired and has installed 4-5 other racks that have come out of the ceiling. He did say that the other racks did not fall on any cars so this was the companys first incident for damage to a car. He reiterated to us that with those cases he just cut the customer a check out of the business for any damaged property and reinforced the rack. He also went on to tell us that if we happened to find anything in the boxes that were damaged to let him know so he could reimburse us. We did mention to him that one of the printers that was in one of the boxes had been broken from the fall. At the time, we told him not to worry about that or anything in the boxes that could have been damaged since the car was the most important thing to be fixed. We told him anything else that could possibly be damaged is all replaceable since we knew the company is a small company and the car potentially could be a big expense. He assured us again not to worry about it. He restated he would reimburse us for anything damaged and to let him know how much.
  In our case, yes, he did reinforce the rack free of charge but the s**** should have never come out of the ceiling in the first place. He has since went back on his word and talked in circles from what was said on the night of the incident about paying for damaged property. Had he not repeatedly said that he would pay for the damages and informed us that he had to fire the installer for other failed installs, I would not have filed this complaint. If that were my business after more than 2 failed installations by the same employee, I would have made sure to go back in my records and find any racks that were installed by that employee. I then would have went out and made sure the racks were indeed installed properly and reinforced.
  

  As far as the warranty goes, the owner has stated there is limited lifetime warranty on the installation and the rack. If there was any possibility that 2, 5, 10 years down the line the rack could fall and the installation could fail, I would have never had one installed. In 2022 when I met with the owner for a quote I was told that the rack was rated for 600 lbs and was assured that once installed, the rack would never fall; nonetheless,that is clearly false advertisement if the rack can only be guaranteed for a maximum of 30 days per the companys insurance policy.  
  

  In terms of the $500 offered for my car insurance deductible, I have not heard anything from the company since 5/7/24 at 9:33 pm.They have not tried to follow up with me, ask for an address to mail a check,or had any other correspondence since then. An honest company would have made sure to follow up with the customer even if the customer did not agree with the projected outcome.

  The main thing I want to come from this complaint is to alert other potential customers that the rack is not actually guaranteed, and the company will not stand by their installation. If a s**** comes out of the ceiling and the items on the rack falls and hurts someone or damages property, the company is not liable if over 30 days has lapsed since installation. I do not want anyone else to have to go through the time, money, and frustration for damaged property that was no fault of their own. Even more so, I do not want a child,pet, or other person to risk being severely hurt from the negligence of this company.  

  
  Sincerely,
  
  ***************************

  

  Business Response

  Date: 05/30/2024

  Tel5/30/2024
  Here is my response to the customers last statement:
  The customer is alleging that I am being deceitful and fabricating the truth. Upon arriving at the home and after inspection, I asked the customer where is the screw? because it appeared that it had been properly installed in the wood. The customer walked to the back of the ********************** and came over and handed me the screw. 
  What caused the incident? No one really knows. The s**** held for 2 years. That cannot be considered a bad installation or mistake. The other 7 screws held. The only way this could be considered a bad installation is if the s**** came out a few days after installation. The industry installation warranty standard is up to 30 days.  The Smarter Garage has installed over ****** racks in the past 5 years. Never has a rack come out of the ceiling. 
  The customer alleges that we have cut checks out of the business for any damaged property.
  This statement is false. We have never cut a check from the business for any damage to any customer since we started our business and we have had thousands of customers. 
  The customer stated anything else that could possibly be damaged is all replaceable since we knew the company is a small company and the car potentially could be a big expense. The car is a very big expense and that is why everyone has automobile insurance to cover the cost of this expense.
  There are many reasons why a s**** could potentially come out of wood:
  Material defects
  Structural defects
  Overweight limitations
  Improper use of rack by homeowner
  Tampering
  Mother Nature
  Improper use
  Abusive treatment 
  Accidents happen everyday and that is why everyone carries insurance to protect their investments.
  The customer alleges he has since went back on his word and talked in circles from what was said on the night of the incident about paying for damaged property. I never went back on my word. This is a he said she said scenario. I find it disheartening and disappointing after we reacted immediately and my photos show that within 1.5 hours the rack was repaired and we placed all of her belongings back on the rack. We covered the warranty on the rack at no cost to the customer. 
  As I stated in my first response, I play by the rules. I dont play games and whatever I have to do on my part I will do. I never said I would pay for the damages. I would go through my insurance.
  We did not fire our installer as the customer claims - He was not fired because he was not capable of installing racks properly. He was fired for other non-installation reasons.
  
  In over 5 years of business, we have never had to file a claim after having installed over ****** racks. The success of our business over the past 5 years is gaining customer trust which can be proven by reviewing over 400 5 star reviews and being rated best garage storage company in ******
  The customer is not capable or willing to settle. She is assuming fault by my company without any proof in regards to this incident. Under Florida State law, if an object should fall on an automobile, the repair is covered through the car owners comprehensive automobile insurance policy and the windshield replacement is free. She is making false statements: the customer is claiming that it would cost her up to $600 to replace the windshield. When in fact, the windshield replacement costs in ******* will cost $0 to a customer through insurance according to FL Statutes, Sec 627.7288.
  No reputable company offers a lifetime warranty on material and labor. Our company offers a limited warranty on material and labor and we fulfilled our warranty on the rack. We are not responsible for any other consequential (including substrate failure) or incidental damages resulting from installation of the unit, regardless of cause.  
  The customer has no idea if she exceeded the maximum load capacity and whether or not the load was evenly dispersed over the last 2 years. No one knows if  she overloaded the rack or attempted to hang something heavy from the rack which caused this incident.
  The customer is not willing to accept that our insurance coverage for damages only applies when we are presently working at the job installation and witness the occurrence of any damage.
  In response to the customers claim that we never reached out to them in regard to the offer of paying up to $500 toward her car insurance deductible or get her address on May 7th - We requested that she send us the deductible amount. We have her address information already.
  The customer never responded via email with the deductible amount. We are still waiting to hear what the deductible amount is. She never responded to our email.
  We explained in our email to her on May 7, 2024 @ 7:51am, that we must communicate via email moving forward because she threatened to *** me. All correspondence needs to be documented. 
  The rack is absolutely guaranteed as is our installation. The rack is a top class product and installers are professionals. The rack was repaired and the installation was fixed within 1.5 hours of being notified by the customer by myself and my son. We did stand by our installation warranty and did not charge the customer for labor or materials after 2 years had gone by from the original date of installation. Hundreds of thousands of racks are installed all over the world.
  The customers statement that she had to go through time, money and frustration - We reacted and completed the warranty with 1.5 hours time, she had not paid out any money for any materials or labor, and, as a good businessman who cares, and is dedicated to our customers and service, I am willing to pay up to $500 for her automobile insurance deductible.
  In response to her claim that we are negligent - Negligent is a legal term: habitually neglecting duties, responsibilities, lacking attention, care or concern, careless or nonchalant. Her claim is not valid. A company who is ********* would not have returned her initial call 2 years later  -as we did. They would not go do the repair - as we did in the time frame we did and another company would not offer to help pay the cost of the insurance deductible as we have offered.
  At this point, even though we are willing and going above what we have to do for the customer in offering up to $500 towards the deductible, as a courtesy to the customer, and kindness on our part, for any inconvenience this may have caused, we have done the best we can with integrity and understanding.

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