Location: Pittsburgh, Pennsylvania
I recently had a vinyl fence installed by a fencing contractor. The fence was selected from a manufacturers brochure (master halco) which was given to me by fencing contractor. I requested the fence depicted in the brochure as the WIDE PICKET FENCE and requested the LEGEND fence be installed. The fence options are LEGEND or IMPRESSIONS with LEGEND being thicker walled components and thus higher quality. By the product specifications in the brochure the wall thickness for posts in LEGEND = 0.160, and IMPRESSIONS = 0.130.
The fence installed was not the fence I requested. The fence installed used the IMPRESSIONS post AND the fence installed was not the fence depicted in the brochure.
RE: Impressions posts - I specified that I requested legend, the contractor states that he made no such specification when he placed the order and that it was assumed on the part of his supplier that I wanted the cheeper posts.
We did not identify this discrepancy until the posts had already been cemented in the ground - my husband meaured them with a micrometer and found them to measure 0.115 - 0.125.
RE: Misrepresentation of the Fence: We identified this discrepancy prior to the fence being completed, I asked the contractor if he wished to halt the job until it was cleared up - he chose to have his people complete the installation because this was the only producte that he was aware of in existence.
The contractor stated that he placed the order for the WIDE PICKET FENCE and that what was supplied was the only WIDE PICKET AVAILABLE. The manufacturer confirmed that the brochure was inaccurate. (pickets do not stop at the bottom rail but extend 2 inches past). The brochure is copyrighted for 2005, but the same image is present on their web-site which I just viewed yesterday. None of the images on the internet depict the wide picket fence extending past the bottom rail.
This is my response - the only means I have to select said product is by the brochure provided by the manufacturer. The manufacturer supplied an inaccurate depiction of their product in the brochure. I may have selected a different product or used a differenct company. This brochure is dated 2005 but the same image is on their web site even today. The fence I selected was the WIDE PICKET as depicted in their brochure, LEGEND line. This was not the fence that was installed. The manufacturer claims that the fence depicted in their brochure does not even exist.
Then what fence am i looking at??
I have not paid them any money, no deposit was required prior to the work being performed, but the job has been completed at the discretion of the contractor, as I suggested that he place things on hold until this was straightened out.
I now have a completed fence, it does look very nice, but it was not what I ordered. Who is responsible? What do I have the right to request to compensate me for this mis-representation?
I recently had a vinyl fence installed by a fencing contractor. The fence was selected from a manufacturers brochure (master halco) which was given to me by fencing contractor. I requested the fence depicted in the brochure as the WIDE PICKET FENCE and requested the LEGEND fence be installed. The fence options are LEGEND or IMPRESSIONS with LEGEND being thicker walled components and thus higher quality. By the product specifications in the brochure the wall thickness for posts in LEGEND = 0.160, and IMPRESSIONS = 0.130.
The fence installed was not the fence I requested. The fence installed used the IMPRESSIONS post AND the fence installed was not the fence depicted in the brochure.
RE: Impressions posts - I specified that I requested legend, the contractor states that he made no such specification when he placed the order and that it was assumed on the part of his supplier that I wanted the cheeper posts.
We did not identify this discrepancy until the posts had already been cemented in the ground - my husband meaured them with a micrometer and found them to measure 0.115 - 0.125.
RE: Misrepresentation of the Fence: We identified this discrepancy prior to the fence being completed, I asked the contractor if he wished to halt the job until it was cleared up - he chose to have his people complete the installation because this was the only producte that he was aware of in existence.
The contractor stated that he placed the order for the WIDE PICKET FENCE and that what was supplied was the only WIDE PICKET AVAILABLE. The manufacturer confirmed that the brochure was inaccurate. (pickets do not stop at the bottom rail but extend 2 inches past). The brochure is copyrighted for 2005, but the same image is present on their web-site which I just viewed yesterday. None of the images on the internet depict the wide picket fence extending past the bottom rail.
This is my response - the only means I have to select said product is by the brochure provided by the manufacturer. The manufacturer supplied an inaccurate depiction of their product in the brochure. I may have selected a different product or used a differenct company. This brochure is dated 2005 but the same image is on their web site even today. The fence I selected was the WIDE PICKET as depicted in their brochure, LEGEND line. This was not the fence that was installed. The manufacturer claims that the fence depicted in their brochure does not even exist.
Then what fence am i looking at??
I have not paid them any money, no deposit was required prior to the work being performed, but the job has been completed at the discretion of the contractor, as I suggested that he place things on hold until this was straightened out.
I now have a completed fence, it does look very nice, but it was not what I ordered. Who is responsible? What do I have the right to request to compensate me for this mis-representation?
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