I went to speak to the general manager today. His story has changed from "we might have had some of these 7x7's last year and someone may have accidentally shipped these to you instead of the 6x6's" to "we certainly had a large quantity of 7x7's last year that we were selling at a discounted price and you must have been informed of, and agreed to, the substitution".
He refused to even consider replacing the incorrect material with the material we actually ordered and refused to budge on the price of matching the non-stocked size. His position is that he and his company did nothing wrong and if we didn't order enough material last year when the were trying to get rid of it then too bad so sad for us.
I tracked down the president of the company and there is a copy of the letter I am sending him behind the cut if anyone is interested.
RE: Incorrect material delivered in October 2008.
In October 2008 I placed an order at your lumber desk for (6) 8’ lengths of 6x6 pressure treated wood for which I paid a total of $189.96 ($31.66 each). A few days after placing the order a Cyr delivery truck dropped off a bundle of (6) 8’ wood beams which, at the time, I had no reason to believe were not the material I had ordered.
In the spring of this year I began the project that the wood was needed for and by the end of July it became clear that at least (2), possibly (3), more 8’ lengths would be required to finish the project. I again placed an order at your lumber desk for (2) 8’ lengths of pressure treated wood.
When this order arrived it was evident that the finish and dimensions of the second order did not match the finish and dimensions of the first order. I went back to your lumber desk and was informed that you stock two different types of 6x6 PT wood and arrangements were made to pick up the incorrect pieces and deliver the second type that you stock.
When the next order arrived the same discrepancy in finish and size was obvious and all four pieces were returned for credit. On Monday, August 3rd I brought a sample of the original wood to your store in order to determine what had actually been delivered in October of the previous year.
I spoke to Paul Weasel, your general manager. He immediately recognized my sample as a non-stocked special order and informed me that I must have placed a special order last year. After several minutes I interrupted Mr. Weasel and told him that if going to your lumber desk and ordering (6) 8’ length of 6x6 PT was a “special” order then indeed I must have placed a “special” order. At this time Mr. Weasel informed me that it might be possible that some of this non-stock wood was in your warehouse last year and that possibly someone had accidentally picked the wrong pieces for our original order. This was later confirmed by your delivery driver who had informed my wife that your store did in fact have a number of non-stocked wood in this size that had been being delivered as standard 6x6 lumber. Mr. Weasel told me that he would contact your supplier and get me a quote to match the wood that had been incorrectly delivered last year.
On Tuesday, August 4th I received a voice mail message telling me that a special order for this wood would cost $112.00 per piece. Not believing that I should be forced to pay more for two pieces of wood than I had paid for all six pieces last year when the need for placing this special order was solely due to one of your employees accidentally shipping stock that you were trying to get rid of, I came to your store on Thursday, August 8th to offer Mr. Weasel the following options:
1) I pull the original incorrect material that I have already installed and you pick it up and drop off the material that we were supposed to receive last year.
2) I purchase (3) (I don’t want to take any chances of being short once again) of the special order pieces and we split the difference in cost (i.e. I offered to pay $71.50 each, over two times what I had paid for the same material last year).
Please note that the only reason I was not asking for the additional pieces at the same price you had sold them to me for last year is because I would rather not waste the labor already invested in installing the material that your company “accidentally” delivered last year.
Mr. Weasel informed me that your company did in fact have a quantity of these pieces last year that you were offering at a discounted price and he is now certain that we must have been informed of, and agreed to, accepting the non-stock sized pieces at the time we placed the order. He feels that he and Cyr lumber are not in any way at fault in this issue and absolutely refused to consider replacing the material with what was originally ordered or compromising on the price of additional wood.
I assure you that I had absolutely no reason, at the time I placed the original order, to request or accept non-stocked wood. As a matter of fact I was almost certain at the time that I placed the order that more material would be required which is why I specifically ordered a stock size.
I am writing this letter in the hope that the opinions expressed by Mr. Weasel do not necessarily reflect the opinions of Cyr Lumber and that you may be more amenable to coming to some sort of compromise with me on this issue. I have gone out of my way, since purchasing my new home in October of 2007, to do business with Cyr lumber as I feel strongly about supporting small family owned businesses. I sincerely hope that this incident does not force me to shift future business over to Home Depot or Loews.
Please contact me in writing or by phone within (30) days of the receipt of this letter. If I have not received any word from you after thirty days I will have to assume that Mr. Weasel's position on this matter is also the position of Cyr Lumber. I will be forced to file a case in small claims court against your company. I will remove the installed material, purchase the correct material from another vendor and store the incorrect material until the conclusion of the court case.
Thank you for your time.
I have filled out but not signed or dated a copy of a NH small claims complaint form with a note that the form is to be filed in Salem District Court thirty days after the confirmed receipt of the attached letter if I have received no response from the defendant or if I have received a response but a resolution could not be reached. This is going along with the letter.