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18 February 2002
Dear Mr. Thompson;
It was positive to hear that customer satisfaction is
important to you, that you would like to resolve the issues at hand
promptly, and will stand behind the work to be done. As you and I came to
agree on working together to move forward in the resolution at hand, below
are our comments to the draft agreement e-mailed on 17 February 2002.
As I mentioned in our telephone conversation, we view the
completion of the pre-settlement and 90-day walkthrough work, as well as
correcting the deficiencies in materials and workmanship as divorced and
independent from any agreement. In essence, the satisfactory completion of
items A through Q is a requirement to make-true the statement "The Home
was constructed by Richmond American and sold to Xxxxxxxxxxxxxxxxxxx in
accordance with the terms and conditions of the Purchase Agreement."
Item R, Installation of hardwood flooring, is in
compensation for the continuing hardship we have been enduring since
settling on 23 October 2000. Whether Richmond American Homes terms that
compensation, compromise, satisfying the customer, or anything else is a
matter of semantics. However, as previously communicated to Mr. Keusch, if
Richmond American Homes is unable to comply with the request for
installing hardwood floor, item R, we still expect items A through Q to be
satisfactorily completed, keeping in mind that correcting the defective
sub-flooring shall be applied across the whole house without exception so
that a uniform floor height is assured as stated by Mr. Gearheart.
Lastly, we do not see a connection between completing the
required work and releasing Richmond American Homes from any liabilities
and/or abdicating any rights we have under the RWC warranty. Hardwood
flooring is a compensation for undue hardship, not a price for releasing
Richmond American Homes from its liabilities. Furthermore, given our
experience with the delivered products and services, you understand why we
are requesting a warranty for the work to be done.
The "Reader’s Digest" version is as follows:
- Completion of pre-settlement and 90-day work, items A through Q, is
expected
- Correction of the defective materials and/or workmanship is expected
- Preservation of all rights under RWC, without exception, is a given
- Installation of hardwood flooring would be viewed favorably
- Release of Richmond American Homes liability is not entertained
We, therefore, cannot sign the Agreement as drafted.
Also, please note that my e-mail address has changed to
orion77@comcast.net, and the
website’s address to
http://mywebpages.comcast.net/orion77/.
Thank you,
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