Complaints

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• Initial Complaint

  Date:11/02/2022

  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.

  Ibarras got me to sign a contract under the promise that I would receive a food truck in October. I never received any communication from ****** stating that my truck wouldn't be delivered in October as promised. Even when I showed up twice in the first week of October, I was not informed that the process was delayed beyond the promised month of October. Instead, each time I visited, I was encouraged to make additional appointments with multiple companies to get things in order for my truck. I was even told to take photos of other peoples trucks to post to my social media. When I went down today in November they still have no truck in my name. Nor a frame with my supplies that have been supposedly purchased.I would never give anyone a check for 5k and have no promised to deliver. I am demanding my money deposit back in full.

  Business Response

  Date: 11/14/2022

  May 25, 2022, both *** and ************************* signed a 3 Year Contract of Lease for a Food Trailer with an estimated delivery date of October. Approximate delivery dates are not issued on the Contract of Lease as estimated date of delivery could be delayed due to unforeseen shipping delays with equipment, processing of required Fire Permits from the *****************, regulation changes ect. Communication was kept in honesty in July that we had not started building her trailer yet but that if she wanted to start taking pictures of the framework she could, as all trailers that are manufactured in our facility look exactly the same until the kitchen equipment is installed.
  
  In September, she was informed via text (attached) that we had submitted the required Fire Suppression System plans to the ***************** for approval and that these plans were necessary to continue with the build and install of her kitchen equipment. She wanted to come in and take pictures of the framework and an appointment was set for her to come in that following Thursday 9/15/2022.
  
  Both *** and ****** came in on 9/15/2022 and were shown the frames and walls being put up for the trailers currently being built, and yes, they were encouraged to take pictures of frames and walls being put up of trailers to post to their social media as a suggested way to build anticipation of their Food Trailer to their current clientele.
  
  We do not label the food trailers according to each vendor's name during the building process until the kitchen equipment gets installed, we did not encourage *** and ****** to take pictures of trailers that already had kitchen equipment inside of them as those trailers were already labeled (because they had equipment inside of them specific to that vendor). That same day we also went over their kitchen equipment/layout that they had wanted to have one more time and made adjustments accordingly to have their previously submitted Fire Suppression plans changed.  
  
  We also did encourage *** and ****** to set appointments with local Commissaries to see what their Food Trailer parking availability is so they would have an idea of which Commissary they would want to park at when the Food Trailer was ready, Commissary parking is a requirement set by the *********************** We also did suggest looking into companies for wrap and design of the Food Trailer so that when it was complete, it would have that already set up. When they left that day, I had texted Joy a list of local Commissaries in town, as well as upcoming costs i.e., insurance, generator, wrap etc.
  
  She came back on 10/4/2022 where it was verbalized that we were still waiting on receiving the required Fire Suppression plans from the ***************** and that the delivery of the Food Trailer had been delayed. I had also resent her the list of upcoming costs for when the Food Trailer was ready.
  
  As we receive the plans back from the *****************, we start to install kitchen equipment inside the empty trailers built for the vendors whose plans we have in hand. We are continuously building so that we may be ready as those approved plans come back to us. Unbeknownst to a majority of our clients, we have a secondary storage warehouse on the property where we house all of the purchased material, kitchen equipment and supplies for our vendors (this is not something that we openly share with our clients) so that when we reach that point in our process, we move them from the storage warehouse to our main building.
  
  We did not mention that we would not deliver a Food Trailer to both *** and ******, we had already invested in the purchase of their kitchen equipment as well as the cost of submitting Fire Suppression plans to the *****************, and the cost of changing the initial layout first submitted.
  
  The delay in receiving our plans back from the ***************** has unfortunately led to a misunderstanding between both parties as far as how much *** and ****** understood what the Fire Suppression plans mean to the process of the delivery of their Food Trailer and for us as builders when we say "delayed" what it means to them for time frame.
  
  The Security Deposit is nonrefundable as stated in the contract and on the receipt until they complete their 2 Year Lease of the Food Trailer or should they decide to buy at any time, then both their Security Deposit and Last Month of rent will be credited towards their purchase. Last Tuesday (11/08/2022), both *** and ************************* along with ***************************** (Owner) and ***************************** (Administration), met with the *************************** for Mediation where it was expressed by both *** and ************************* that they do not wish to continue with the Operating Lease Agreement and therefore according to our contract have forfeited the Nonrefundable Security Deposit.  
  *****************************

  Customer Answer

  Date: 11/15/2022

   
  Complaint: 18349764
  
  I am rejecting this response because:
  ******** has been very deceitful in this entire process. They promised to deliver a trailer in October. They still do not have said promised trailer and now only that we have discovered their deceit are they using the manipulative contract to steal our money. ******** does not deliver new trailers as described in the contract everything is AS IS and some parts are used. If the investment were to be new they could simply return the products. This is actually turning out to be a 5k scam and I find it horrific that they knowing they lacked clear communication and failed to deliver, that they can stand and say we forfeit/ steal our 5k. NO work has been done. If the company has any core value they would make it right and return our money due to good faith and practice. I didn't receive any special equipment that cannot be used on any other trailer that they have failed to deliver. I plan to expose this scheme to help others avoid this in the future. 
  

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

  Business Response

  Date: 11/29/2022

  Communication has been open with both *** and ****** during the process of building them a Food Trailer. We had kept open communication with them regarding their Fire Suppression plans for the food trailer and when they had come in in late September and early October it was verbalized that we were delayed. Our food trailers are built brand new, with new equipment, please see the attached pictures showing the building process and the new equipment that is still in the boxes, this attachment also shows the manufacturer warranty and the original protective wrap (Blue) to help with preventing scratches during shipping.  "As is" is listed in the contract because they are leased out in "clean" and "good operating condition" and that is the condition we expect to receive them back in. If only it were as easy as simply " returning equipment" but that is a cost that we incur as well for hiring a shipping company to send it back and then stocking fess from the manufacturer as well. We have kept open communication with them regarding the build of their trailer, we have also expressed to them that we cannot control the rate at which their required Fire Suppression plans are delivered back to us from the *****************. We have invested over $3k to have a licensed ************ come and draw up the blueprints for the fire sprinklers that go over their custom cooking equipment, and then those blueprints get sent to the ***************** for approval. It had been expressed to Joy that those plans are needed to continue their build both via text and verbally. The blueprints are connected via VIN Number for each trailer, and their layout for the kitchen equipment is specific to them and not every vendor will require the exact equipment that they have as each layout is specific for each client, it will now be a cost to us with Joy not moving forward to have the blueprints readjusted for the next client so that the trailer with that specific VIN number can be used.
  
  To date, we have received their Fire Suppression plans for their sprinklers for their custom kitchen equipment but have halted production as they have expressed multiple times that they do not wish to continue which according to our contract is a breach of contract, and as a result the deposit is forfeited (Subsection 10).

  Customer Answer

  Date: 11/29/2022

   
  Complaint: 18349764
  
  I am rejecting this response because Ibarras has went from having nothing to overnight having plans and boxes of new equipment. They're not honest people and do not conduct honest business. This just may be the only new trailer they may ever build so they can attempt to look good in court.
  
  Sincerely,
  
  *******************