Complaints

• Initial Complaint

  02/04/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I contracted Glass Act Exteriors for snow plowing services on Dec 20 2023. Contract terms were discussed prior to signing the contract and clarified with ****, the owner. Service terms were: less than 1-1/2 inch snowfall requires no plow service, up to 6 inch snowfall requires 1 plow service at a rate of $60, **** inch snowfall REQUIRES (per his contract) 2 plow services at rate of $60 per plow service, over 12 inches requires 2 plow services, possibly 3 plow services at a rate of $60 per service. With the Jan 29 2023 snow event totaling 8-9 inches Glass Act Exteriors failed to show up for the 2 REQUIRED plow services. This left me struggling to remove accumulating snow in front of my garage as well as prevented me access to my property as needed during the snowfall. I have injury and disability and cannot **** through deep snow. It was also not an option to wait it out indoors. Though Glass Act Exteriors failed to perform the 2 REQUIRED (per contract) plow services during the snow event, he invoiced for 2 plow services when only 1 was performed. This is not allowed per the contract. When I tried to contact him, he only threatened that if I did not pay the 2 services (only one performed) he would terminate my contract for the remainder of the season. He also demanded payment within 2 days, when invoice terms are normally 30 days (the previous month was paid well within the 30 days). He is trying to intimidate me to pay the inflated bill with short pay terms and threat of contract termination. I won't pay for a plow service that wasn't done. I'm willing to release Glass Act Exteriors from the remainder of the contract as he is doing a poor job. After significant effort on my part to keep clear in front of the garage through the storm, he came 8 hours after the storm and pushed snow up against my garage doors. He also did not clear the drive thoroughly as without the 2 plow services it got out of hand. Right now, he is not communicating to resolve.

  Business response

  02/06/2023

  Yes the contract states a ****" storm requires 2 $60 services. 2 services does not always mean two visits. It is set up that way because is takes more time, more fuel, and more wear and tear on the equipment In an ideal situation it would be great to service it twice during that storm to make it easier on equipment but in an instance where it's snowing 2-3" per hour it's not possible to travel from site to site in time. No matter what we still have to clear all that snow and it takes more time,fuel,etc. The contract does not state a time within that you wil be serviced and the contract doesn't state it will be serviced 2 separate times it states it requires 2 services of $60 to clear ****". We offered to come out and touch up the driveway and ***** cleared it herself. We are also unsure of what having the driveway cleared has to do with letting her dogs out as that was never discussed or stated in the contract. ***** did send a check for $180 but still owes $60 for the ****" storm. Thank you.

  Customer response

  02/07/2023

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
  
  [Please type your response here.]Glass Act Exteriors response is contrary to what the contract states and contrary to our discussion prior to signing the contract.  The contract states a charge of $60 per event and states that any snowfall above 6' REQUIRES two services.  This was specifically discussed with **** and I was advised that an over 6' snowfall is $120 because it requires two "pushes,' i.e. Glass Act would be providing two plow services for an over 6 inch snowfall.  Glass Act failed to provide the two 'pushes" or services.  He admitted via text message he was unable to get to all of his customers.  Glass Act also said prior to signing the contract that if there were any issues that arose I could contact him via text message or phone.  When I attempted to do this he was less than willing to communicate about issues relating to the service - and areas that were not properly cleared.  The contract states all hardscape areas of the driveway will be cleared.  There were areas that were not cleared (and this is a paved driveway with clear "hardscape" area) and snow was plowed into and up against the garage doors where I had been trying to keep it clear through the storm.  When I contacted him via text message, Glass Act did agree to come out "the next day" to remedy the snow plowed into the garage.  However, it was already dropping into single digit temperatures and leaving this until the next day would've very possibly have caused freeze up of the snow and the garage doors.  I also was realizing that Glass Act Exteriors may not be good on keeping their word.   I did clear that myself immediately upon discovering it to prevent freeze up of the garage doors.  The point is, the snow should have never been plowed into the garage doors to begin with.  **** would also not discuss remedy of the problems for future service.  A text message received by **** stated he would charge for one service and with the January bill I would receive a contract termination.  He said it was "not working out."  This would've been fine with me.  But he did not stick to his word and instead submitted a bill for TWO services (or "pushes') when only one push was provided.  He also changed his normal terms of contract from 30 days payment to 2 days payment.  He tried to intimidate and "threaten"  termination to get me to pay an inflated bill within two days.  He did not stick to his word neither in verbal discussions prior to the contract nor to the text message stating he would bill for one service and then terminate.  I am willing to release **** from the contract as he expressed a desire to do.  In my opinion, he is doing a poor job, and is unwilling to discuss remedy for any future service.   I still have significant very thick ice on my driveway due to poor clearing 1-1/2 weeks later with temps in the high 30's.  As for my not being able to get my dogs out, this was one of the issues that was a problem with Glass Act failing to provide the first of the two required "pushes."  I have a dog with disability.  I can't simply let her out the back door.  She has nerve damage that requires access to the driveway to walk for bathroon breaks.  If Glass Act would've communicated in a professional manner, I could've explained this.  Glass Act was aware that I have a spine injury and disability that prevents me from being able to walk through deep snow.   His failure to show up during the duration of the storm for the first of the two required pushes, and not showing up until 8 hours after it ended (and snow was freezing up), resulted in 2-3 feet of snow accumulating in areas where I could not even get from my front to my back door.  Bringing up the issue of the dog is just diverting attention from the issue at hand.  He is not being honest about his explanation of his own contract - an over 6 inch storm would require "two pushes" and that would be the reason for the $120 charge instead of the contract's stated $60 per event.  I need **** from Glass Act Exteriors to respond to whether or not he plans to fulfill the contact per our verbal and contract agreement or if he wishes to follow through on his wish to "terminate as of Jan 31 2023."   According to the contract and verbal agreement, he is paid in full with the $180 payment sent to him.
  Regards,
  
  ***************************

  Business response

  02/07/2023

  The contract clearly states it requires two $60 pushes to clear ****" of snow. That does not mean we will be there two separate times. The 2 services. Out of the other 25 customers I serviced for that storm this is the only complaint I've received. Every Account gets billed the same way. Everyone understands it takes more time, more fuel, and harder on equipment to move more snow that is why ****" is billed for 2 pushes and 12"+ is billed for 3 pushes. The pushes can happen in one visit. As far as time there is nothing in our signed contract that states what time or how many times I will visit. We are proposing if you do not want to abide by the contract when it comes to payment we should terminate immediately. If you would like extra services or specific changes to be made to the contract then it may be re written.

  Customer response

  02/16/2023

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
  
  [Please type your response here.]On ******* 29, 2023 Glass Act Exteriors provided one plow service.  The contract states two services are "required."  But two services were not performed.  Glass Act failed to fulfill the contract's "required" two plow services for an over 6 inch snowfall.  This is not only for the plow provider and ease of snow removal, ****, this is for your customer to be assured you will control snowfall on their property during a larger storm.  And, in fact, we did discuss this prior to signing the contract.  You stated Glass Act Exteriors would provide two "pushes" for an over 6 inch snowfall.  Two pushes is two snow removal services, two visits to my property, not a double billing for one service.  Nowhere in the contract does it allow Glass Act Exteriors to double bill for any single plow service.  Glass Act Exteriors has been paid in full in accordance with the contract and the plow services provided.
  

   

  As for contract termination, the termination stated with the  BBB is the third termination of contact Glass Act Exteriors has stated.  The first was via text message on ******* 29, 2023.  This message said I would be billed for one service on ******* 29, 2023 (again, this would be proper as one service was provided), and that the ******* invoice would include a contract termination as of ******* 31, 2023.  Due to all of the problems I was encountering with Glass Act Exteriors, this would have been fine with me.  Not only the issue with the ******* 29 billing, but his failure to provide the first of two "required" services with an over 6 inch snowfall, the issues related to plowing snow into and up against the garage doors and the failure to clear the front portion of the circle (as it is necessary for access to and from the property).  These are "hardscape" areas as described in the contract that should have been cleared properly.  As well, areas that were plowed were left with significant snow cover that turned to thick ice for two weeks following in spite of warmer temperatures.  Glass Act was unwilling to discuss resolution to these service problems moving forward.  The following day, ******* 30, 2023, I received a bill for ******* services that did not bill correctly, or as he stated he would bill in the text message.  It double billed for the ******* 29, 2023 service.  It also shortened the terms of payment to 2 days instead of the 30 days on the prior month.  It stated that if the bill was not paid, the contract would terminate as of ******* 31, 2023.  It carried a due date of 2/1/23.  Paying in two days would have required a credit card payment.  I was not going to do this as I did not trust Glass Act Exteriors with this information.  A check was mailed on 2/3/23.  I paid for each service provided in *******, but did not pay double for the ******* 29, 2023 single service provided.  Glass Act was paid for one plow service on ******* 29, 2023 as this was the service that was provided.  This would have meant contract termination according to the notation on the invoice and the attached email.  The third contract termination was stated here at the BBB.  I am wondering how many times a contract needs to be terminated.  I have already said that I am willing to release Glass Act Exteriors from the contract as of ******* 31, 2023, the date he originally specified.

   

  As for Glass Act Exteriors suggestion of signing a new contract, this makes no sense.  If he feels that I am not abiding by the contract, what purpose would a new contract serve?  It is not I that did not abide by the contract.  Glass Act Exteriors did not abide by the contract signed in December 2022.  This is not only a billing issue, it is also an issue of poor service and unwillingness on his part to resolve problems moving forward.  There3 is no resolution in a new contract.  I am NOT interested in signing any new contracts with Glass Act Exteriors now nor in the future.
  
  Regards,
  
  ***************************

  Business response

  02/16/2023

  Hello *****,

  Please pay your bill. We hold the right to cancel the contract. Out of all our customers we service for snow you are the only one threatening to not pay your bill and not abiding by the contract. If you are not going to abide by the contract and harass us we will not continue to service you. Thank you.

  Customer response

  02/23/2023

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
  

  Though I am sure the BBB is aware of snowplow terminology, or has access to clarify such, I am including information I researched online regarding the contract with Glass Act Exteriors. 
  

  
  

  The contract states a charge of $60 per event.  The snowfall of January *****, 2023 was one snow event beginning at roughly 11 a.m. on January 28, 2023 and ended roughly 4 a.m. on January 29, 2023.  Glass Act Exteriors provided one snowplow service or "push" at about noon on January 29, 2023.  Per the contract, one snow event is one $60 charge.

  
  

  It seems that Glass Act Exteriors contract terminology contradicts ****'s verbal and invoicing terminology.  In discussions prior to signing the contract **** spoke of the service as "per push."  Attached is what I researched is the definition of per push as it applies to snowplow contracts.  And it is, in fact, per visit to the property.  This was consistent with other research.  This is also what **** verbally told me prior to signing the contract.  That an over 6 inch snowfall would be billed per push.  One "push," service or visit was performed on Janaury 29, 2023.  His claim that he has the right to bill for two "pushes" in one visit is contrary to the contract, snowplow contract terminology in general and contrary to our discussion prior to signing any contract.
  

  
  

  So, in either instance, whether interpreting per event or per push, Glass Act was paid in full for one plow service provided on January 29, 2023.  Glass Act was paid in full for all services performed on my property.
  

  
  

  Never in our discussions did he state he had the right to double bill for a service if a required service was not fulfilled on his part.  Never in our discussion did he state he had the right to double bill for any single service according to the inches that fell.  Never in any conversation did he state he had the right to double bill for any single service for any reason.
  

  
  

  Thank you for your assistance.

  
  

  ***************************

  
  Regards,
  
  ***************************

*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. ↩