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Question DetailsAsked on 2/9/2015

how to get our money back for windows that were ordered wrong

we were quoted triple pane windows and they are only dual pane

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7 Answers

Voted Best Answer
2
Votes

Guest: first, do you have something in writing that says you were supposed to receive triple pane. If you do, you are in a very strong position to fight for what you should have received. If you don't it makes the decision to fight a little more tricky.

With that being said, assuming you are in a good position, first I would try to negotiate a much better price since it is in your best interest. The contractor does not want to have to remove your windows and re-order all new. You are in a very good position to get a great deal on your windows. If your windows have a low emissive coating "Low E" and an inert gas ie Argon, than you will have pretty good windows already. Then it comes down to pricing that you would be happy settling for. Your negotiating stance is simple. give me a substantial discount to accept what you installed or I will go to Angies and the BBB and report you for installing less than what I contracted for. You ultimately would win out this way as the discount you could negotiate will far exceed the amount you will save by getting the triple panes installed.


If it turns out you still want your windows removed and replaced with Triple pane then you use the same stance to force their hand. Remove and replace what was mis-ordered or I will report to Angies and the BBB or refund my money. Because you receive a different product than you ordered, that is also considered a bait and switch that could also be reported to the Attorney Generals office. Hopefully the contractor you chose is legitimate and you will not have to go that far.

Answered 5 years ago by ExteriorUpgrader

2
Votes

Just as a follow up. I am a contractor that has been in business 23 years. With that being said, none of us is perfect. I didn't actually answer the question the way it was worded and I apologize for that. If you believe it was an honest mistake by the contractor, then my previous answer still holds. Just because a person or company makes a mistake does not warrant someone getting everything for free. That was not what you originally contracted for. I don't have any problem with a homeowner benefitting from a mistake and "helping" the contractor fix a mistake. But, I am not a fan of taking advantage of mistakes to try to negotiate free anything. The reason that I answered the way I did, is that is the offer I would make to one of our customers if we made a mistake. We would offer a substantial discount to accept the product that was mis-ordered or we would remove and replace the windows with the exact match to the original order. Either way you as the homeowner get what you contracted for. This site is a site that homeowners can come to for good, honest help from qualified, experienced contractors. I try to never post anything, that teaches people how to take advantage of legitimate contractors.

I hope this helps.

Answered 5 years ago by ExteriorUpgrader

0
Votes

We only wanted triple pane foam filled windows because we are building an ICF super insulated house. That is the only thing we ever asked for, our first 2 bids said triple pane foam filled low e argon . we never asked for that to be changed. The only thing we were changing ever were when a size was wrong or when they had the grids wrong and we decieded we wanted 3 more arch windows instead of rectangular. We also had to change 3 windows to smaller because I noticed all 3 greatroom windows were listed as non opening windows. I had gotten another bid from a different manufactor because from our first bid to the third, the price went from 350 on a garage window to 650. the bid from the other manufactor was even a little higher. so we acepted that the price of 650 a window was right. I even double checked with our salesman that we were getting triple pane foam filled windows and he reasured us we were getting the triple pane foam filled windows. The windows are not even foam filled. when we went in and told the salesman about the error he was visably shaken and went to his computer and looked at the order for about 5 minutes and then said to me "you signed off on the order" I said yes I did with the understanding I was getting triple pane foam filled windows now they wanted 6500 more to make the windows triple pane on the windows that that option was available 0n? I got another distributor that sold the the same brand windows to price triple pane windows because this seemed really out of line. When the bid came back, I since have been able to scrutenize there bids. I noticed that in the discription of the windows when it came to the arch windows the word triple low e was just listed as low e . when I called this second distributor of Hayfield windows he said he had asked for triple pane on all windows and would call back when he figured out why the arch windows were not bid that way. When he called me back he said Hayfield does not make triple pane arch top windows. WHAT? this was the FIRST time I was ever told this. So even thou we asked for triple pane Hayfield never said anthing to their distributors that they dont make triple pane arch windows. They just don't put triple low e in arch top discrition they are just low e. without noting that the bid for triple pane windows includes several windows in dual pane. If I had not figured this out myself I would have gotten another set of windows messed up.

Since Hayfield cannot even make the windows the way we needed them to be made we have removed the windows and have orderd them thru Sunrise Restorations because they do make triple pane foam filled arch top windows.

This whole mess could have been avoided if Hayfield or Allied would have informed us with the first bid they don't make arch top windows in triple pane. There deceiving bidding process has cost us alot of time and money.

Answered 5 years ago by Audreymae

0
Votes

Audreymae, you are very well versed in windows.

But, in defense to the people you were purchasing from, the options in windows are many. Also once you start going to triple glazed units, it changes how all options can be ordered. A great deal of manufacturers won't even install grids in some triple glazed units because it changes the performance and the testing results of the units. Most of the "R" values and "U" values posted for companies manufactured windows don't ever talk about the installation of the grids in tested units.

The company we purchase our windows from, has a 20 page price book to order from. It can be very difficult, but with as many stops as there were in your order process, it seems like the mistake would have been caught.

With all that being said, the companies were definitely in the wrong and made mistakes in the ordering of your units. At this point as I said earlier, I believe, you are in a good position whichever way you choose to go. I will say though, that if you signed off on a preliminary order, and the companies want to pursue it, you may end up in a losing proposition because they will be able to show written proof. I hope the companies you chose to go with will stand up to their word. Most of the time though, when a mistake is made, it is usually best to come to some type of mutual compromise.


I wish you all the luck with this.

Answered 5 years ago by ExteriorUpgrader

0
Votes

As you realize, you are not in a "clean" position - if they have an order form with your signature on it and delivered that model, they do that to clear themselves of complaints that what was ordered was not what you wanted. For those, not much you can do except either accept them (if your energy rating will still hold up with them) or pay to have them upgraded. The fact you changed a few sizes and types along the way did not help your case either - because you may at this time be considered a "problem" client.


As to the ones ordered as triple foam low E but cannot be made that way by that manufacturer, I would first talk to the manufacturer directly to confirm that - not take the distributor's word, because he may be in the mode of trying to cut losses now. If truly not available but were ordered that way, I would say the distributor should take them back at no charge to you, and then it is between him the manufacturer what is done with them and who pays for them.


On those particular windows, if the distributor is also the contractor/installer then the cost of removing and putting in the new windows should be at his cost too. If a different installer, then you have a tougher discussion with the installer on his cost to take out and replace. If HE ordered the windows, I would say it is on him. If YOU ordered and paid for the windows, it should be on you - and you could try to recover that cost from the distributor, but good luck- would probably have to go to court to do that.


On the not-available issue, if they are listed that way in catalog or online but not actually available, the manufacturer might be willing to kick in some hundreds of $ towards the removal and replacement labor costs too.


That is only my take on it - I could see a couple of other ways to look at it, and a LOT depends on exactly who did what in the ordering process with regard to promises, statements of availability of certain type of window, who actually placed the order, etc. And of course what the paperwork actually says. Do bear in mind, in my experience and from talking to other contractors and homeowners, probably about 1 in 10 windows or even more go back to the distributor for flaws or not being as ordered/sized, or because the contractor messed up the ordering - so you are not the first time they havae seen this. That is why there are so many incredible deals at window distributors and millwork shops on windows that are new but have been installed and removed once.

Answered 5 years ago by LCD

0
Votes

If the order had the word dual pane or dual glazed I would have known these were not triple glazed windows but it just stated low e and the salesman reasured me they were triple glazed foam filled low e windows.

Answered 5 years ago by Audreymae

0
Votes

I understand that there are many options on windows and pricing the right product and getting all options right I was very diligent on checking all sizes, grids, glass types there were several errors on there part I had found and had them correct. I have done custom blinds, drapries, valances, and upolstry for 40 years. Between all the fabrics, shades, blinds, I had stacks of pricing guides. I never once asked a customer to sign off on an order form of mine. How could I possibly exspect a customer to know when the order was right. That was my job!! As a business owner I have had to reorder at times and it cost me, not the customer. This only made me more carefull the next time. Every company does things a little different but that was my job to know how to read an order not the customers. If a salesman is not qualified to know there products then educate them. making the customer responsible for understanding the coding on an order is BS


Answered 5 years ago by Audreymae

0
Votes

I am forgetting to thank you guys for answering my question, So thank you. I really do appreciate your time and knowledge on this. I have filed complaints with the BBB and the consumer fraud and antitrust division. I have also reviewed them on facebook and a couple other sites that I found. I don't give up whithout a fight when I feel I am in the right. They started with ofering me 5% back then 10% now 25% a discount is never what I was after. I have since heard of several contractors that refuse to do busiess with allied here because of all the mistakes that are made on window orders. I am consulting a lawer now. Problem customer?"( He double hocky sticks)" I will be there "worst nightmare" if they don't right their wrong.

Answered 5 years ago by Audreymae




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