11 Sept 2012

CC'ing Managers in Poland: No Date? Company in Liquidation? Will FENSA Approved Install Void Warranty?

From: Michael Maguire [mailto:michael.maguire@gmail.com]
Sent: 10 September 2012 23:11
To: Alex Piprek
Cc: Babettli Azzone; duckettrenovation@googlegroups.com; Stan Jazwinski; Marcin Grzeslak; marcin.habant@adpol.pl; adam.daszkowski@adpol.pl

Subject: Re: Tried calling this morning -- fixing delivery date


Alex,

I also tried calling you several times on the mobile number we have for you (07887416144) today as well as attempting to call Damian several times. Adpol seems to have a lot of difficulties with office phones and email systems.

We originally chose Adpol because of how responsive and on-the-ball you seemed, Alex.  It's unfortunate that this seems to have changed.

My wife Babettli is an interior designer by trade specializing in boutique hotels in London.  Examples of her work can be seen in:

http://www.the-berkeley.co.uk/  - The Berkeley Hotel London
http://www.hotel55-london.com/ - Hotel 55 London
http://www.tripadvisor.co.uk/Hotel_Review-g186338-d1886452-Reviews-The_Hide_London-London_England.html

She has also done residential design for some of London's elite.

She often ends up using our home as a test ground for products she later endorses to her clients.  It is unfortunate that in this case we're really not in a position to be able to recommend Adpol.


I had some specific question below which didn't get answered.  This time I've numbered and coloured my questions below in blue.  I think they are reasonable and would ask for answers to each:



QUESTION A): What number should we use to reach you when your office landlines are down?


You have told us several times now that you need to check with the factory before you can give us any information.  Recently you were also saying there was a problem with your computer system that allowed you to check with the factory.  On Aug 24, you said "As spoken on the phone, by Tuesday i will have more information about exact delivery date" That would have been Tuesday August 28 (the actual, contractual 8 week delivery date, by which we are already TWO WEEKS overdue).


QUESTION B): After all this time, given how close they must be to being done according to what you've said before, is there a reason you can't call the factory tomorrow (Tuesday) to ask for the committed date?


You originally told us that we needed to work with your installer Damian to install your windows.  Indeed it was never made clear to us until very recently that Damian is not an Adpol employee -- he writes from your email address 'damian@adpol-gb.co.uk'.  Damian has not given very re-assuring answers to my questions about FENSA.

From your Polish website: "Fensa Certificate -- The Adpol-GB Ltd. Branch was Fensa certified. This is the organisation associating and issuing installation certificates for window suppliers and installing companies." ( http://www.adpol.pl/en/company,attestations-and-certificates.html )

You also said 05 Sep 2012: "We, as ADPOL, had Fensa – but it run out, I’m in the process of getting it back to us, then we will provide FENSA certificate for the installation"

I do not find it very helpful that you are attempting now to claim that you are only the supplier and not the installer and that FENSA questions are only for Damian.  Clearly you two work hand in hand and I expect you to resolve the FENSA questions for us with the installer you are requiring us to use.



QUESTION C): I note that company number 06348193 "Adpol GB Ltd" for which you show a FENSA certificate on your Adpol-GB website  (http://www.adpol-gb.co.uk/index.php5?main_menu=strona&main_menu_id=47 ) is marked in Liquidation.  Why are you showing that certificate? What is your company name and number?  06522479 ADPOL TIMBER & COMPOSIT WINDOWS & DOORS LTD?



QUESTION D): What is the company name and number of the installer you have told us to use (i.e. Damian)?



QUESTION E): Damian made claims on the phone that requiring a FENSA-approved install might void the Adpol warranty if FENSA required drilling into the window frames.  Is this true? Will insisting on a FENSA-approved installation void our Adpol warranty?,


QUESTION F): Will the Adpol warranty be void if we use a different, FENSA-certified installer other than Damian?



In terms of deadlines, as previously discussed, we paid an initial deposit of £8981 Jun 27 (YES, JUNE!) and we signed off on those windows (with all corrections, etc) finally Jul 10th.  This excluded 2 large windows which we agreed would come later.   We were told the 6 - 8 week count started from our sign-off date.  8 weeks from Jul 10th would bring us in to 28 Aug.  Several times now you have told us that you just need to check with the factory, etc. and then we never hear back from you.

Given the new information we have about the company in liquidation and some of the other issues we've seen, it's beginning to paint a very concerning picture.  We are trying to be reasonable, but at this point we must be firm.

Our requirements:

1) We expect to get some clear answers to the reasonable questions above.

2) If we don't get a committed date from you by end of day Wednesday 10 Sep (the day you asked for) we will need to place an order for windows with one of the other companies who quoted for us.   Once that is done, we will be requiring our currently deposited funds back from you promptly.

3) We expect that the date you commit to will be for all windows other than the big ones we agreed would come later.

4) We expect that the date you commit to will be no later than Friday Sep 21, given that you said over a week ago that the windows would be ready in 3 weeks.

5) Given that you have promised and promised, but not yet delivered, if you are willing to commit to a date, we would expect that you will also be willing to put your money where your mouth is and agree to a financial penalty clause for any further later date after that commitment.  I leave it to you to agree to something reasonable -- say £100/day?

6) We erected scaffolding and did demolition works in preparation for your promised delivery date.  This was to be to allow our external insulation provider to insulate and render walls after your windows were installed.  Our quote included 8 weeks and is £145/week thereafter.  Had the windows been delivered at the end of your promised 6-8 week time, this would have been fine.  At this rate, however, it seems clear we'll need more scaffolding time.  We expect Adpol to pay this.

Regards,
Michael