Atlantic Window & Door Systems Inc. ('Atlantic') is currently trying to forcefully extract more than full (overstated) payment from us yet Atlantic has NOT to-date supplied and installed the correct windows and doors that we had ordered.
Wrong Windows
We had specifically ordered from Atlantic Energy Star certified and CSA certified windows and doors for and at our home on Sept. 5th, 2008. We did not get what we were quoted.
Wrong Colour
Also, the painted colour of the windows supplied is NOT the painted colour of the Atlantic supplied Rehau vinyl extrusion sample on which we based our decision to go with Atlantic for our window and door replacements totaling 24 brick openings.
Wrong Just About Everything Else
It's hard to believe but we have such a sizable list of issues with Atlantic see 'MANY ISSUES' below.
COLOUR WAS THE CLINCHER
We had researched since the early summer of 2008 and had received many quotes from 5 different window and door suppliers. We chose Atlantic in the end, not because they had the best reviews (they didn't) or were they the cheapest (they weren't) but sadly because we were sold on colour as the clincher. The tipping point (Aug. 30, 2008) came at the Atlantic Showroom (1680 Courtneypark Dr. E., Mississauga) from the Atlantic salesman Paul M. who sensed that my wife was key to closing the deal so he sold her on Atlantic's 'perfect' colour-match system. This worked since she works as a home decorator. She asked Paul M. for a Sandalwood colour sample to take away so she could match it to the colour of our home's brick and garage doors. Paul M. said he couldn't give her his coloured chips since he didn't have another to lend out but he could do better by providing her an actual painted section of the Rehau vinyl extrusion in Sandalwood. He claimed Sandalwood is the most popular colour choice for Atlantic anyway so he was sure he can get her a real sample. Sure enough, he went to the factory floor behind the showroom and got her a painted Rehau vinyl extruded section in Sandalwood. Even then my wife was not sure and was thinking of picking another colour that was safer but Paul M. again bragged about how great Atlantic's colour match system is. We both took his word and placed this Sandalwood (with a distinctive olive undertone) against our existing home's brick and garage when we got home. The colour from the sample supplied to us looked great so my wife was sold and we ordered from Atlantic at our home on Sept. 5th, 2008. Interestingly, the painted Sandalwood vinyl extrusion sections provided by other window suppliers unfortunately had a pinkish flesh-coloured undertone which didn't work for us. We ordered from Atlantic clearly because we were mislead by the painted sample provided by Paul M. This is demonstrated in a photo taken Nov. 4th at 10:28 am clearing showing the colour installed by Atlantic on Oct. 31 doesn't match the sample provided by Atlantic on Aug. 30th.
VAGUE CONTRACT
The salesman, Paul M. created a rather vague PO / contract with the only line describing the specifications of each window and doors being a reference 'See Quote Paul #2127'. My wife and I were concerned about a clause in small print behind the contract that states '10. All verbal or written agreements not mentioned on the face of this contract are void, and no salesman or tradesman has any authority to change, alter or add to this contract in any particular way. This document constitutes the entire contract between the parties.' Paul M. told us not to worry and that we can still change things even after we ordered but we must order NOW if we are to have our windows and doors installed by the end of October. We felt the urgency to have our windows before it snowed so we signed up with Atlantic. Ultimately, this quote number PAUL2127 has at least 6 significant revisions done to it. Yet, the owner of Atlantic Andy F. is now trying to enforce to the written letter of this contract which is obviously really vague and refers to a Quote # Paul2127 which is not even close to being accurate.
I do know that under the Consumers Protection Act 2002 , it states:
'Contracts must be clear and comprehensible.
Vague language is discouraged in contracts. All required information must be clear, prominent and easy to understand. If there is a dispute over unclear language, it must be interpreted in favour of the consumer by law.'
MANY ISSUES
1) NOT ENERGY STAR CERTIFIED!
The windows and doors that Atlantic supplied us are NOT Energy Star certified as repeatedly claimed by Atlantic. This is important to us since we wish to qualify for the government ecoEnergy rebates and want our windows to be energy efficient. We ordered specifically Pilkington Energy Advantage ™ Low-E Double Glaze sealed units. These are the hard coat low-E glaze that Atlantic is permitted/certified for use on their 600C and 700P window systems listed as Energy Star certified. The Guardian Climaguard™ Low-E is a soft coat Low-E and is not what we had ordered and does not qualify as a Energy Star certified whole window system with the Rehau/Climaguard (soft coat) window combos incorrectly installed. Atlantic, despite evidence and confirmation from the NRCan OEE Energy Star head for Windows stating the contrary, still insists that all their windows are Energy Star certified. From Atlantic's salesman Paul M. and Atlantic's Operations Manager Ellie S. and Atlantic's GM John S.
2) NOT CSA CERTIFIED!
The windows that Atlantic supplied us are mostly NOT CSA certified as repeatedly claimed by Atlantic. The window system combinations installed along with certain styles of windows (single sliders) and doors must be tested separately for CSA certification. Unfortunately they were not and are not listed as CSA certified. Atlantic's CSA label is deceptive and can mislead one into thinking that Atlantic's Single Slider window is actually CSA certified under 'Sliders' when it is clearly NOT!
I do know that under the Competition Act via the Competition Bureau that they do not take too kindly to companies that mislead through advertising and labeling or use false or misleading representations to sell their products or services. The Competition Bureau promotes truth in advertising in the marketplace by discouraging deceptive business practices and by encouraging the provision of sufficient information to enable informed consumer choice.
3) WRONG COLOUR PAINTED on the wrong Rehau/Climaguard window systems installed. Our decision to go with Atlantic was based on the colour of the painted real Rehau vinyl extrusion provided to us by the Paul M. so we can confirm that it works with the colour of our home’s exterior. Again, this is not a difference in shade but in colour.
4) NOT PROPERLY INSTALLED
Patio Doors are from Sunview and they are Energy Star certified as listed on the NRCan / OEE Energy Star Certified list but one of the patio doors is not properly installed so kick-lock doesn’t work nor does the latch for the screen door
5) WRONG WINDOW OPERATORS INSTALLED
We had specifically ordered Truth Encore hardware but were supplied with something else.
6) MISSING DOOR HARDWARE WE SUPPLIED TO ATLANTIC TO INSTALL
Front Door is missing the second peep hole in pewter we had purchased along with the pewter door latch (missing?) we had also purchased and delivered together to Atlantic in person. Instead, we got a mismatched black peephole that Atlantic bought and installed. Also, the door lockset supplied was not the one that I had asked Paul M. for on Sept. 20th namely the Ferco Medici lockset. We were wrongly supplied the Ferco Capri lockset instead.
7) MISLEADING ATLANTIC 'NO GUFF' LIFETIME WARRANTY
Atlantic’s ‘No Conditions and Exclusions’ Transferable Lifetime Warranty is deceptive and misleading since it does not fully ‘lifetime’ cover the Atlantic aluminum capped brick-to-brick installation performed. I was told by the lead Installer John that the caulking used will last a 'lifetime'. Yet they will only warranty the caulking and aluminum capping for just 10 years instead of the 40 year ('lifetime') coverage. This is not shown anywhere that the aluminum capping and caulking used in Atlantic's installation will only carry a warranty less than 40 years. I wanted brick-to-brick with brick mould but they insisted that their brick-to-brick with aluminum capping is best. Well 'best' for Atlantic since I've found out after-the-fact that it can cost $2.50 per linear feet to prepare a brick mould at the factory but it only costs $0.50 per linear for an Atlantic installer to do the 'cap and caulk' 'brick-to-brick' install on site.
8) INCOMPLETE INSTALLATION
Still lots of caulking around trims for windows not completed and remains unfinished
9) WRONG GLASS & RECENTLY CRACKED GLASS
In less than 2 months since the install, we already have one of the windows showing a sizable crack of the interior glass part of the wrong sealed glass unit install. Yet we were being convinced that they have no record that we ordered Pilkington Energy Advantage (Hard coat) Low-E instead of Guardian Climguard (Soft Coat) Low-E.
10) LACK OF INVOICE
Incredible as it might seem, our request for an invoice detailing the amount they are trying to collect has been totally ignored by Atlantic. How can we trust Atlantic when they provide us for the first time via a lien claim a balance owing of $18,054.21 (inclusive of GST) owing when we calculate a smaller total that's to the dollar since the amount we owed was GST inclusive and rounded to the nearest dollar. They claim we owe $26,500 in total but in reality we owe $24,344. Their total includes a French Tilt-Turn Door for $3436 that we did not order nor was it installed. What we got was a Sliding Patio Door for $1280. Again this still doesn't explain how there would be an amount like $18,054.21 involving pennies yet were were dealing with GST inclusive amounts?!
OVERALL ISSUE
The overall issue is NOT whether we can pay since we clearly have the money held in a special account but it's not right to demand and overstate a payment claim when they (Atlantic) haven't even supplied us with what we originally had ordered. And it's NOT EVEN CLOSE as shown above and in the photos attached!
ATTEMPT AT AMICABLE RESOLUTION
We had even clearly provided Atlantic in a written registered letter dated Nov. 25, 2008 outlining the above issues along with 3 specific options to resolve the matter at hand:
1) Rectify by replacing the current window and doors combinations to those that are indeed Energy Star certified and CSA certified as well as giving us the right colour so we can pay the correct balance owing once the correct job is done,
2) Provide us a sizable discount to offset the issues created by the wrong windows and doors installed by Atlantic and to provide us evidence (which Atlantic claims to have) that these windows and doors are indeed CSA and Energy Star certified if they hope for us to consider keeping what were clearly incorrectly installed,
3) Refund our deposit so we can hire another window installer to remove and replace what Atlantic has incorrectly installed.
We even gave Atlantic the courtesy of 45 days to fix the problems in our registered letter dated Nov. 25, 2008 but Andy F. instead rejected all these options by his letter we received on Dec. 2, 2008 that was dated Nov. 17, 2008 but oddly postdated Nov. 26th, 2008. We are realizing now his MO is to bully by providing us very little notice so he hopes he can force us to accept his suggested 'independent third party' and 'industry expert' that he claims would help fairly mediate. We were warned by our contacts in the fenestration industry against this. And before we can even suggest going with the Better Business Bureau whom they are a 'BBB accredited business', we received by registered mail, a letter on Dec. 8th, 2008 at 11:15 am with an ultimatum to accept his recommended so called 'independent third party industry expert' whom none of our fenestration contacts recognizes or 'We will await your response until Monday December 8th, 2008 at 12 noon, before we move forward with further action'. Check out the time we were provided by Andy F. as notice for a response. 45 minutes !!! We gave Andy F. 45 days to implement 1 of 3 options. He in return gives us 45 minutes with only 1 option or he threatens legal action.
To this date, Atlantic / Andy F. is still insisting that they had provided us Energy Star certified and CSA certified windows and doors. Unbelievable, given the mounting evidence on the contrary! Andy F. is even choosing to ignore that the colour provided to us is not what we had ordered based on the painted Rehau vinyl extrusion sample his saleman Paul M. had provided us. So instead of rectifying the problem via amicable means, Andy F. has chosen to use legal means by filing a baseless construction lien on our home during the Christmas holidays. On Dec. 22, 2008, my spouse and I each received letters from Atlantic/Andy F.'s lawyers dated Dec. 11, 2008 but again strangely postmarked Dec. 17, 2008 stating that we have 'within 10 days of this letter' to pay '$18,054.21 plus $1,500' or else they threaten 'legal proceedings against both of you and against your bank'. The legal counsel then provided more threats about how we will be liable for damages and a threat about 'an order directing the sale of the Property', etc. Notice again the MO and bullying tactics used. Incredibly, we get a letter dated Dec. 11th, 2008 but on Dec. 22nd, 2008 yet they demand that we respond within 10 days of the letter! So on the date we received the letter, the deadline imposed on us to respond had already passed! So instead of 45 minutes to respond from the first time round we now get 0 minutes to respond this time round. Another unrealistic new deadline set by Atlantic ! These are not the actions of someone who truly wants to resolve a serious problem in good faith.
BASELESS LIEN
Andy F. / Atlantic has unfortunately taken an antagonistic position with serious consequences by his sole decision to place a construction lien that's totally without merit on our home. They are claiming an overstated total for $26,500 (GST inclusive) while the total is actually and exactly $24,344 (GST inclusive). We have been informed by our legal counsel that there are penalties for an improperly filed construction lien. When it is found that Atlantic has filed a willfully overstated lien claim and/or without proper basis, Atlantic will be forced to: 1) forfeit and discharge its lien claim; 2) pay the full value of our attorney’s fees and costs incurred in maintaining or defending an action based upon the lien; and 3) be liable for consequential damages emanating from the improper lien.
CONCLUSION
We are not afraid of Atlantic / Andy F. and will defend vigorously against his claim against us under the Construction Lien Act. This is clearly an abuse of the Construction Lien Act meant to protect builders and suppliers with legitimate claims. We are not surprised by this course of action after we have been repeatedly lied to, blamed, sworn at and threatened repeatedly by Atlantic leading up to Andy F.'s baseless lein placed on our home. We do not wish this on anyone so truly it's buyer beware with Atlantic Window & Door Systems Inc. and its owner Andy F.
This is the link to the photo album.
