Complaints

• Initial Complaint

  05/19/2023

  Complaint Type:

  Order Issues

  Status:

  Resolved

  More info

  5/17/23 Usary Fees for cancelation, not part of their contract and claims of usage during a pandemic.

  Business response

  06/01/2023

  ******************,
  
  We had exchanged emails back and forth and I had called and left several messages in regard to the aforementioned dispute to no avail.  In response to your claim with the BBB, I will respond here as requested and attempt to clear up any further misinterpretation of our mutually agreed to and fully executed contract.
  
  Arctic Falls purchased a bean-to-cup coffee ****** and countertop water filtration system to be used by the employees of ****** ***** within their **************** location.  The $10,000 coffee system was provided on loan with no rental as long as monthly minimum purchase amounts of $300 were met on product for said system.  For months where you fell greatly below or ordered $0, ****** ***** was invoiced a low usage fee of $129 (less than half of our program threshold).  All of this is clearly laid out in our agreement and should come as no surprise as you have paid these fees, when warranted, in the past.
  
  Our contract is pretty straightforward.  A client can cancel at any time but there is a set early termination fee per piece of equipment and any low usage fees need to be paid at the time of cancellation.
  
  *************************, on your behalf, first provided notice of cancellation in September of 2022.  At that time I advised her of the fees and you elected to take a wait and see approach to see how office attendance would change over time in response to the waning pandemic.  See below
  
  
  From: *****************
  Sent: Friday,September 9, 2022 4:24 PM
  To: ************************* <*****************************************>
  Cc: '*****' <***********************************************************>
  Subject: Arctic Falls/ Java Bar termination
  
  Hi *****,
  
  I am *****************, Director of Sales for Arctic Falls and Java Bar coffee.  ***** asked for me to reach out with regard to cancelling our contract.  If there is anything I can do to help you keep the machine in place for your team please give me a call on my cell @ ************.  As companies return to work break room perks are usually a major point of emphasis in helping entice employees back to the office.
  
  In the meantime, I am attaching the agreements for the coffee and water machines on site in **. 
  
  The water filtration units have monthly rentals termination fees are $500 per machine.  The ******* coffee ****** is provided on loan with no rental as long as regular orders are placed with a $300/ month minimum purchase amount.  Months where you fall greatly below or order $0 there is a $129 low usage rental we charge.
  
  $500- water filtration machine
  $1,000- ******* coffee ******
  $3,612- rentals for months with no orders ($129 x 28 months)
  $5,112- Total due
  
  Very best,
  
  *****************
  
  
  
  8 months later we received a formal letter of cancellation to which I then replied via email and left several voice messages. Details below:
  
  
  From: *****************
  Sent: Wednesday,May 17, 2023 2:50 PM
  To: '*************************'
  Cc: '*****'; '*************************'
  Subject: RE: Arctic Falls/ Java Bar termination
  
  Hello *****,
  
       Thank you for forwarding the notice.  I have requested CS to file in your account notes so that when the time comes there are no delays.  Please know that the water and coffee program parameters will remain in effect until the contract terms in August.  All rentals for the water system and low usage fees regarding the coffee will still apply.
  
  *****, there will be no early termination fees as the contracts will term naturally however, how would you like to address the $3,612 in low usage from the last 36 months?  In the spirit of helping you with your transition I can offer a reduced settlement of $3,000.  Please let me know your thoughts.  Thanks.
  
  Very best,
  
  *****************
  
  From: *****************
  Sent: Thursday, May 18, 2023 11:34 AM
  To: '*************************'
  Cc: '*****'; '*************************'
  Subject: RE: Arctic Falls/ Java Bar termination
  
  Morning *****/ ***** just left a voicemail.
  
  Please call me when free @ ************.  Thank you.
  
  Very best,
  
  *****************
  
  From: *****************
  Sent: Tuesday, May 23, 2023 4:59 PM
  To: '*************************'
  Cc: '*****'; '*************************'
  Subject: RE: Arctic Falls/ Java Bar termination
  
  Hello *****/ *****,
  
  I left a message on Thursday, 5/18 but thought I would follow up with an email. 
  
  *****, in preparation of our call I pulled the sales figures and provided them in a chart below.  Months in black are months where you met purchase minimums.  Months in red are where there were zero orders or you fell greatly below the $300 threshold.
  
  If it meets with your approval, I will submit the paperwork with reduced fees as offered at a flat $3,000.  I am also free to discuss at any time.
  
  
  2020
  2021
  2022
  2023
  
  Jan- $270.21
  Feb- $442.21
  Mar- $267.81
  Apr- $0
  May- $0
  June- $0
  July- $175.21
  Aug- $0
  Sept- $0
  Oct- $181.21
  Nov- $0
  Dec- $0 Jan- $181.21
  Feb- $0
  Mar- $270.21
  Apr- $0
  May- $0
  June- $0
  July- $191.61
  Aug- $373.31
  Sept- $0
  Oct- $0
  Nov- $193.83
  Dec- $287.57
  Jan- $0
  Feb- $0
  Mar- $165.28
  Apr- $432.31
  May- $0
  June- $0
  July- $420.13
  Aug- $0
  Sept- $437.51
  Oct- $0
  Nov- $527.27
  Dec- $0
  Jan- $428.82
  Feb- $0
  Mar- $634.41
  Apr- $0
  May- $116.09
  
  
  $1,336.65- total $1,497.74- total $1,982.50- total $1,179.32- tbd
  
  
  Very best,
  
  *****************
  
  
  Not sure what else I could have done here?
  
  
  
  Very best,
  
  *****************
  Director of Sales | Chief Caffeinator
  ***************************************************************
  c: ************ o: **********************
  
  
  
  Ready to join ********-to-cup revolution?
  Visit *******.com

  Customer response

  06/07/2023

  [A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
  
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is not satisfactory to me, but a resolve that we will have to abide by the fact that an employee signed up for this despite them  no longer with the the company and we do not have an actual copy of the contract to confirm the stated information.  Further, I think it repulsive that a company enforces a contract during a Pandemic when they were offered Federal Funds to assist their business during the unpresidented times and yet they still have the audacity to enforce their contract.  This is a business that we will never use again.  
  
  Regards,
  
  *************************

• Initial Complaint

  03/10/2023

  Complaint Type:

  Product Issues

  Status:

  Unanswered

  More info

  Artic falls return my deposit check under different name. I don't have account under name check is given. My business issued check , we are requesting to return deposit check with same name check was issued, M & A STATIONERS, ***.we issued deposit check and merchandise check on February 07, 2022. From M & A STATIONERS *** account. Also, we return unused merchandise However they gave us credit at lower price than what paid to them They need to give check for the amount of $487.03. Check payable to M & A STATIONERS, ***. we will return the check that they gave payable to ***** stationery store for the amount $474.84.Thank you.

*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. ↩