Complaints

• Initial Complaint

  12/06/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  Date of transaction: 2/2/2023 Amount of money paid business: ******** The business committed to provide: software to use with a biofeedback unit in outpatient rehabilitation, I did receive the software. The nature of the dispute: The language in the product description made it seem that although the software could only be tied to 1 biofeedback unit at a time, a single software could be tied to different biofeedback units at different times. Upon wanting to use a different biofeedback unit with the software, other than the one that was registered with it, I learned that was not the case and I needed to purchase a second software to tie a new biofeedback unit to my purchased software. Has the business tried to resolve the problem?: No. After an email exchange with the *** where I was able to outline my complaint and request for resolution, it was determined that they could offer me a 25% discount on a new software, a deal that would last approximately 2 weeks, through the end of the month (November 2023). Order number: ***** Here is a link to the product description: **************************************************************************************

  Business response

  12/06/2023

  This customer purchased the software personally to use with her employers instrument.  At the time of purchase the customer did not inquire with regard to product licensing nor did the customer inform us of the particular situation involved with the software purchase.  In fact, the customer did not speak with any of our sales people prior to ordering the instrumentation as it was purchased on line.  Had the customer asked about product licensing, we would have supplied the following information directly from the products users guide which was received by the customer with the product purchase and can also be downloaded directly from the product description page from where the customer ordered the product.

  SOFTWARE LICENSE AGREEMENT
  ******************** grants to the purchaser of the Telesis Software the right
  to use one copy of Software on one computer within one business entity. Software
  cannot be shared among or between multiple business entities; for example, a
  satellite clinic affiliated with a hospital operating as a separate business entity.
  Each business entity is required to have its own original copy of the Software.

  We have tried repeatedly to make the customer understand that as a distributor we cannot make any exceptions on products that we do not manufacture and cannot offer free software at a loss.  We have asked the customer to approach the previous employer to purchase the software, from the customer, so that it could be purchased again by the customer, apparently with no luck.  We have offered the customer a discount that far exceeds discounts offered to our larger hospital and government accounts.  We are very sorry about the situation that the customer is in but take no responsibility for it.

  Customer response

  12/07/2023

  Better Business Bureau:I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # ********. Please add your rejection comments below; if you do not provide any details, your complaint will be closed as Answered. 

  During the process of making an online purchase on CMT Medical's website, there is not a warning nor a suggestion that the customer should speak with a representative prior to making a purchase. CMT Medical's overture in the previous message--I should have consulted a sales support specialist prior to purchasing the biofeedback software is unrealistic and unfair as there's no suggestion to do so outlined on the product webpage. If that is an expectation or even a recommendation, it should be stated clearly.
  
  As the licensing laws are specific and stringent, this should be CLEARLY outlined on the product webpage. Prospective customers should be explicitly directed to read the product's user guide instead of functioning as an addendum on the product menu. The excerpt from the Software License Agreement included in the last message should be highlighted on the product's webpage rather than buried in the "Telesis Software Users Guide" tab.
  
  In short, due to the continued lack of specificity and warning on the product webpage (no language has been changed or re-formatted as of this message) I continue to assert that CMT Medical is responsible for this mix-up and as a for-profit business, is responsible to refund or replace the software.
  
  Businesses and Customers should be civil, courteous and polite in their responses to complaints. It is important to remain professional and productive when participating in the BBB complaint process.
  
  FAQ
  
  Regards,

  Alexandra

   

   

  Business response

  12/11/2023

  The information regarding product license was available through our website at the time of purchase through the instrumentation users guide which is posted on our site. Please follow this link to the product listing on our page: 

  *******************************************************************************************;

  Here you will see the download of the users guide, on the bottom of the item description, which contains the licensing of the product software.

  The licensing of the product contrary to the customers complaint was available through our site.  The customer never called or emailed, prior to the purchase, to inquire about licensing because at the time of purchase it was not a concern.  This customers particular circumstance, 10 months after purchasing the software, combined with the previous employers refusal to purchase the software back from the customer has made ********************** the only avenue for the customer to go.  I find this complaint to be unfair at best. 

  Current Medical Technologies enjoys a 4.8 ****** rating for exceptional customer service and support.  We also enjoyed prior to this complaint an A+ BBB rating.  We are sorry for the situation that the customer is in but do not take any responsibility for it.

  Customer response

  12/12/2023

  Better Business Bureau:I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # ********. Please add your rejection comments below; if you do not provide any details, your complaint will be closed as Answered. 

  Requesting CMT to rectify this situation is not a last resort nor the only viable option for reimbursement. There is a chance that I could purchase an outdated MR20 device (the device the software is attached to) after the sale of my former clinic is finalized. However, I will state again that CMT's product description is misleading as it states: "Telesis biofeedback software is a HIPAA compliant software package designed to work with one Pathway MR series single and dual channel handheld biofeedback system AT A TIME." The last part of this description, "at a time" infers that the software can be used with different devices at different times. The product guide stating the license restrictions ********************** references in the last message is buried in the product description webpage. Because the licensure is very specific and restrictive with little recourse if one purchases without consulting a sales rep or reading the User Guide, this strict licensure should be stated CLEARLY in the product description. 

  Prior to this, I have also been very satisfied with my service and the products I've received from CMT, I can see why they have a good ****** review rating. I would like a fair resolution to this issue. If CMT will discount another Prometheus software by 50%, I will consider this issue resolved.

  
  Businesses and Customers should be civil, courteous and polite in their responses to complaints. It is important to remain professional and productive when participating in the BBB complaint process.
  
  FAQ
  
  Regards,

  Alexandra

   

   

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩