Bath Fitter Grimsby - Refusal To Return Deposit

Posted on Saturday, May 3rd, 2014 at 1:16pm CDT by Todd O.

Product: Bath Fitter Grimsby

Company: Bath Fitter Grimsby

Location: GRIMSBY, ON, CA

Category: Building, Construction

We decided to put our home up for sale this spring and booked Bath Fitter Grimsby to re-do the tub and shower.It was extremely expensive and we left a $600.00 deposit.

Our house quickly sold before it could be done and we had to cancel as the new owners did not want it done. They had other plans. Needless to say, we can't get our deposit back. I was given a BS excuse that the tub is custom fit and can't be used (I'm sure there are a lot of old same size "American Standards" out there).

I suggested 1/2 back or I would pick up the tub, since its no good to anyone, and even that was rejected. Be Very Careful, when dealing with these guys!!!!

I certainly will not ever use them in the future.Very unprofessional outfit.


Business Reply  BATH FITTER, 2014-05-10, 04:07PM CDT

Dear Mr. Ouellette,

Since 1998, Bath Fitter has been proudly serving consumers in the Grimsby, Hamilton, Brantford Ontario areas with an impeccable service record. We count more than 15,000 bathroom remodelling projects completed for homeowners in the region since, and many satisfied customers.

After reviewing your file and discussing with our team in Grimsby, we respectfully disagree with your claims. The reason for our position is because when you contracted your remodeling project you informed the representative that you were selling your home and wanted to expedite your bathroom remodeling despite us only having availabilities for scheduling installations a few weeks away. As such, to accelerate the order and manufacturing of your specific custom-made product, you wanted us to waive the 10 days cancellation period provided within the Ontario Consumer Act so we could at least order the products right away. We strongly disagree with your statement that you were ?pressured into it.? Our employees conduct business with the most rigorous integrity.

We proceeded with the immediate ordering of your made-to-measure product needed for your bathroom, requesting its rush delivery from our manufacturing facility to our store. Shortly before the agreed installation date and after the 10 day period elapsed after the signature of the contract you notified us that you had sold your house and wished to cancel the contracted installation. At that time you were notified that unfortunately there would not be a refund of your deposit because we had custom-made products manufactured specifically for your bathroom. We believe our team in Grimsby acted in good faith to assist you and followed your specific instructions to satisfy your need for a rapid execution of your bathroom remodeling because of your home being on the resale market.

We are sorry for being in a disagreement and wish for your understanding.

Todd O., 2014-05-10, 04:46PM CDT

Thank you for the reply. As I discussed with Mr. MacRury from Action Line - Hamilton Spectator. I was told that it would be months before anything could be done. At no time did I request to waive my CPA rights. Implying that I made the request is completely false. I was told that it was the only way to get anything done in a timely manner. The suggestion was brought forward by your employee. So yes, there was pressure.

I was also told that the "custom-made" products were of no use and therefore that is why you are keeping the deposit. I requested that I would then like to pick up the product, since it is of no use to anyone and give it to the new owners, but was re-buffed.

As an employee of an Automobile Dealership, I am well aware that it is within the MVDA and OMVIC guidelines to keep a deposit, specifically to mitigate liquidated damages. To my knowledge, our Dealership has never kept a deposit, for those purposes, since it is simply poor customer service and a very bad policy to do so. I sincerely wish Bath Fitter felt the same way.

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