Merit Awnings & Patio Covers-Dispute-#2349597

I made a mistake the owners name is KEVIN TATMAN - not Katman.
I have another website:

www.gomerit.com
merit4u@att.net

Add your infoRE: Claim #2349597-245152 – Patti Jennings vs. Merit Awnings & Patio Covers
For reference purposes we, at Merit Corp, would like to address Ms. Patti Jennings complaints in accordance with her claim. We have broken down her claim into foursections and will respond to each complaint individually. Along with our response, we will provide photographs of finished product. As her claim reads:
MISREPRESENTATION of a $5,000 RETRACTABLE AWNING (1) I purchased a retractable awning on 4/12/13 for $5,000.00 cash. It was installed on 5/4/13. I have contacted Merit continuously since that date. (2) When I purchased the awning I specifically told Dick (salesman) that I wanted the awning to cover the TOT AL patio - he didn't say a word that would be a problem. I told him I wanted the awning bigger than what was needed so that it would cover the WHOLE patio. My patio measures 12 x 12. He ordered 13 x 12. (3) The problem is it doesn't cover the whole patio - the sun almost always is shining right on the whole patio - my house faces the south and if the awning would not of kept the sun out regardless to how big the awning was (which Dick should of told me) - I WOULDN"T OF PURCHASED THE AWNING. (4) Another thing I found out from the manufacturer is that a 13 foot awning is measured tip to tip - so therefore the fabric part only measures 12 foot 4 inches (not the full 13 foot wide). I want the awning taken down and a refund of my money. I have had 3 months of nothing but lie after lie. I've had it.

1) Just to clarify, Mrs. Jennings mother, Betty Jennings, purchased two retractable awnings from Merit on April 12, 2013; one for herself and one for her daughter. Both to be installed at two separate addresses in complex of condominiums, both of which had the exact same patio size as well as overall design/style. The awning was measured at Ms. Patti Jennings residence.
2) As Mrs. Jennings states, she wanted an awning to cover her entire patio; which measures 12 feet x 12 feet. A 13 feet x 12 feet was ordered, as is normal procedure. (Order a slightly larger retractable awning to cover entire patio)
3) If you look at attached photograph of Mrs. Jennings rear patio awning, it DOES cover whole patio. In response to her sunlight problem, it is impossible to keep out the rays of sun from every angle as it changes position constantly throughout the day and the seasons.
4) The term ‘tip to tip’ is a standard construction term, and is industry standard for retractable awnings regardless of their manufacturer. It is also important to note on August 8, 2013 we contacted Ms. Jennings after a detailed conversation with the awning manufacturer, in which we discussed Ms. Patti Jennings feelings that we had mislead her. (because awnings with a span of 13 feet wide tip to tip only measured 12 feet 4 inches wide on the fabric) Since she insisted on 13 feet of fabric at that time, they agreed to make her a new awning 13 feet 8 inches wide tip to tip in attempts to clear up any future disputes in exchange for her old unit. She said no to our extremely fair compromise even though throughout the past 90 days that was her complaint.

Merit Corp would also like to add several things worth noting to help further explain our position on Ms. Patti Jennings claim.

Firstly, our contract states in bold print (In the warranty section, lower right) that there are no refunds on electronic products and no refunds on custom made awnings.

Second, our initial reason for not extending wider over Ms. Jennings patio is due to her privacy fence being directly right of her rear patio. Going over top of it violates her property line and puts her at risk to damage her fence as well as the awning itself when it is fully extended. This voids the warranty on product. (See attached photo)

Also Mrs. Jennings stated on July 19, 2013 that she was getting a new roof installed on her condominium and that roofers, not authorized workman for Craftbuilt awnings, would be removing awning from its housing system on roof. It was explained to her that it was a delicate electronic product and must be removed, moved, packaged, and stored in a certain manner or it could void warranty. It was explained to her that it would cost $250 for Merit to remove awning to which she replied no.

In addition to our response to Ms. Patti Jennings claim, we would also like to make known that Merit Corp has attempted to help her resell her used awning to any/all retractable sales customers we have had. It is important for anyone unfamiliar with the process of ordering retractable awnings to know that these products are entirely custom made.

Example :
Size (width)
Projection (length)
Style of frame and housing (Manor, Estate, or Eco)
Color of frame
Color or fabric (over 200 to choose from)
Method for installation
Wall or roof mount
Location of motor/crank (Left or right side)
Etc.

In addition to the standard customization of an awning a customer also has to choose:
With or without hood assembly
With or without tray assembly
With or without motor
With or without remote
With or without hand crank

All of these choices make her retractable a very personal item and unfortunately it can be difficult to resell because of it.
rmation here

First of all - my mother did NOT purchase MY awning - I purchased my own and my mother purchased hers. I would of NOT purchased this awning if I knew it wouldn't keep the sun out. My mother's house faces different direction and hers is OK.
Secondly - like I said I told the salesman (Dick) that I wanted the total patio covered and if necessary to order whatever size necessary (whatever it took to keep the sun off the whole patio. Dick should of known that because my house faces the south that the awning would not be able to eep the sun off completely. He was NOT truthful with me because if the awning would not do what it was intended to do then he knew I wouldn't of purchased it and he would lose the sale.
Thirdly, my awning does not block any of the sun except from the very top. The sun comes in the sides and front so therefore the patio is almost completely in the sun all day long - regardless to what time of the day it is.
Fourthly, I contacted thte manufacturer myself and I was the one that was told it is measured "tip to tip". Dick did not know this.
After I told Merit to call the manufacturer they did call me and say that a 13 foot awning is measured "tip to tip". Merit DID NOT EVER OFFER to replace the awning. This is a TOTAL LIE!!!!!! I don't know where they came up that I insisted on 13 feet of fabric and the manufacturer agreed to make me a new awning. I WAS NEVER INFORMED OF THIS!!!!!!!!!!!

In response to Merits explanations:
1. I know what the contract states. My whole problem is that I should of been told up front that no matter what size of awning I purchased (that because of the direction my house faces) that the sun would always come in. I would of NOT purchased this awning knowing it would not keep the sun off my patio - I would of had to be insane to do that!!!
Secondly, Merit says that the reason for not extending wider over my patio is due to my privacy fence = well my property doesn't end at that fence - it extends past that point. Just another way of trying to make themselves sound better. This company just tells people all kinds of made up things just to avoid the problem.
Merit is correct in saying that I was going to get a new roof (which I haven't dont anyways). They did tell me they would charge me $240.00 to remove the awning and that it would have to be bubbled wrap, etc. or it would void the warranty - they also stated I could have someone else take it down but it would have to be laid on cardboard or carpet to keep it from getting scratched. Well I haven't gotten a new roof as of this date anyways.
Merit has told me from day 1 after I started complaining that they would try and sell the awning. All I got (after 3 months - of just stringing me along) was "we are still trying to sell your awning". I got a whole bunch of non-sense about this. They just kept putting me off and trying to satisfy me with telling me they had someone interested but they were either on vacation, the next person the color wasn't right (which the awning is a very neutral color) , the next person the motor was on the wrong side (which can be easily changed). Nothing but a bunch of bologna and lies from this company. I think this company should be put out of business because they do not know anything about customer satisfaction and running an honest business.
The only reason Merit told me they would try to find someone to sell my awning is because I told them I would purchase an aluminum awning and I could put shades on it to keep the sun out. They still wouldn't give me any money back instead they would take a sell of my awning (which I paid $5,000 for) and then charge me $5,000 for an aluminum awning. I have other quotes for an aluminum awning for $2,340 - $2600. This company is nothing but a BIG RIP OFF COMPANY and I want everyone to know what kind of a company MERIT CONSTRUCTION is.
All I ever wanted is them to pick up my awning and return my money.