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James T

 

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“Prepaid for project / Company never notified me of completion. Company Owner: "Faulkner is not responsible for any customers material left unclaimed for more than 15 days".”

Faulkner Of Miami Inc.
I made two orders with this company a few years ago, the first order went fine for replacing some acrylic plastic within the railings of my condo. The second order was at time when I was undergoing chemotherapy treatments, and I assure you, this order, was the last thing that was going on in my mind. Nevertheless, to be honest, I forgot about the order. Although, the first order I received an email that my order was ready for pickup, the second order I never received one. (Out of sight out of mind) I mentioned to the owner, that in my previous emails over the past few months to the sales rep, I wasn't looking to pull a fast one with this company. I sold my condo, the new owner inquired about replacing the plastic on the rest of the railings. I realized that I had a 2nd order placed and after looking through my emails, I not only found my order, but I also found proof that I prepaid for the order in advance.

So I emailed the sales rep to inquire that status. I was told that the order was on WILL CALL and if I did not pick up my order it was discarded after so many days and they don't notify me when my order was complete. Honestly I never heard of such a thing, so later I went back and found where on the first order, as I mentioned, I got an email that my order was ready, but did not get any notice whatsoever on my 2nd order.

As I was going through this process thinking everything was going to get resolved, I actually referred some customers to this establishment from my previous condo association, the new owner is just one. He replaced the remaining 3/4% of material needed to complete the project.

Finally the owner got involved and today sent me an email and said Therefore I reviewed Falkner's proposal, also reviewed their credit card authorization form, It does not state anywhere, that Faulkner is not responsible for any customers material left unclaimed for more than 15 days (Especially since I never got a notification of completion on the second order).

Therefore, based on their proposal and signed credit card authorization along with proof of no notification, I'm going to take this as my contract. This is not where I wanted to go, but It leaves me no other option to take them to civil court based on the following information: Florida Statute of Limitations - Contracts - Written: 5 years 95.11 (2) (b).

Statute Of Limitations
There are numerous statutes of limitations in Florida law, but those most commonly encountered in small claims suits limits how long a person has to sue another person. In Florida, there are various different statutes of limitations that apply to different kinds of cases. For example, if the case is based on a written contract, you have five years after the company defaults on the agreement to file a claim

In closing, it's a shame that I have to do this, but it's the principal of the matter for me. Not only will I file this in small claims court, but I feel confident that I will win. I was just trying to be a gentleman about the situation, not only that I feel confident that I will get my money back, plus my court costs in the long run, but this company will lose more from word of mouth. (Just like this Yelp Review) This was the last place I wanted to go, especially when I personally, was referred to their company from a friend.
 
915 W 18th St
Hialeah, FL
(305) 885-4731

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