[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Re: Purchase Agreement ES1910AR

Dear Mr Flanagan,
I'm going to go out on a limb here and suggest that the reason there has been no progress is that you're the 'legal services' manager and the issues are ones of manufacturing and manufacture, along with the general incompetence of Everest as a whole.
I'm also going to assume that you're not completely aware what the issues are.

Before you lose interest, would you be so kind as to send me a copy of the supposed contract, as that's just one of the many things that I've not yet received from Everest.

Attached to this email is a pdf file, this contains the following images:
1) Photo of original window design
2) Example of (1 of 4) to-scale drawings I produced and sent Oct 2013 and again Jan 2014.
3) Photo I received from Ken Lees, Jan 2014, showing incorrect leading design
4) Photo I received from Richard Lawrence, Feb 2015, AGAIN showing the same, incorrect leading design (supposedly re-manufactured).

Also attached is the spreadsheet that was supposed to be FULLY filled out with 'at cost' prices, but was actually returned half-completed with the RETAIL prices.
Somehow the information from your second surveyor John Rushmere (Dec 2014) didn't make it to the second salesman Adam Freeman, to be included here (another failure).

It's rather obvious that when Ken Lees took the second set of photo's, he didn't check them against the previously provided scale drawings. Neither did Richard Lawrence when he forwarded them onto me.
This is what I class as the 'general incompetence' and is neither my problem nor yours to sort out. 
The original purchase agreement stated 11-12 weeks for delivery, yet here we are 21 months later.
To be perfectly honest, I don't believe it's within the capacity of Everest to resolving this satisfactorily because your company is full of old-manufacturing middle-management who have not a clue how your products are manufactured. Nor does it have the flexibility required to be able to make this work,  for much the same reasons.
At every stage, I've been made promises, yet there doesn't appear to be anyone who can actually follow through on them. or provide me with the information I have asked for so as to make an informed decision on how I would like to proceed.

You visiting my home is not going to make any difference as you're not the right person to answer all the questions that I have asked and have yet to receive any answer for.
It will just drag on forever.

Option 1)
Everest agrees to cancel the order without further charge to myself (as per the Sales of Goods and Services act 1982 - for "failing to provide an acceptable product in a reasonable time properly")
This will save you further embarrassment, media exposure and wasting everyone's time.

Option 2)
You provide, as I'd asked for since Jan 2014, a "full set of windows, all with the correctly manufactured designs for a reasonable price". This would either be 'at cost' (as was promised by Richard Lawrence should I accept the offer for producing the second half of the windows for my home) for all of them, or taken as the national average of a double glazed unit which is around £500 (which would make the total a more reasonable £11/12,000 (taken as around 22 units)

Option 3)
You provide me with the details of how and where I can obtain units of the same frame design that you have produced (one of my long-unanswered questions to RL, or at least since the second set of pictures - which was the first time I had seen an external view of *any* of the units), so that I may obtain equivalent frame designs for the second half of my house, so as not to be left with a motley of windows designs, were I to accept that which you have produced.
Also, the existing order to be renegotiated for a more reasonable price, given the time taken and the fact that at every stage, the issues have all been generated by Everest yourselves.
Use the suggested pricing scheme from option 2.

Along with options 2 or 3, if you have a look at the spreadsheet, I'd dearly love to know how you can think to get away with charging £3128 for a 'hardwood exterior kitchen door'.
Bear in mind, it did take 18 months to get an itemised price-list from any of you - if the original salesman had told me this, I never would have signed up!

I found an equivalent one via a quick internet search for £280 (leaderdoors.co.uk) - this being "hardwood, exterior, finished, double-glazed" door.
I had queried with with your social media portals (twitter/facebook) but have yet to receive a reply.
The bespoke designs I had expected to be a little more than average, but charging an order of magnitude larger for a standard item places some suspicion on your whole pricing structure.
The double glazing industry already has a very bad reputation. This does nothing to change that.

All of this to be negotiated before installation, as otherwise that would just be another protracted battle against the forces of ineptitude.
If it's all the same to you, I'd rather keep the communications electronic. Apparently an email mbox export is legally acceptable, should that ever be required in the future.
Plus it saves the waste of a 4-hour round-trip.
Please also bear in mind, "can't" is just another way of saying "don't know how".

Sean Meacher

On 30/05/2015 12:15, Nick Flanagan wrote:

Dear Mr Meacher,


I am concerned that we do not appear to be making any progress toward achieving a resolution to this matter.


I assure you that it is my intention of securing a solution that is mutually satisfactory, and perhaps with that in mind you will agree to meet me on site, so that we may discuss suitable ways to move this matter forward?


I look forward to hearing from you shortly.


Yours sincerely






Nick Flanagan

Attachment: Meacher.xls
Description: MS-Excel spreadsheet

Attachment: 20150427-windowComparison press.pdf
Description: Adobe PDF document