Chem USA

On 6/5/20 *** was contacted by one of our sales representatives in regards to a 30-day trial of products. At the conclusion of his call and after agreeing to try the products, he spoke with a shipping dept. representative who went over the details of the trial order and sent him an email with pricing, invoicing time frame, and the terms of the offer. He responded to the shipping email asking if the products were a sample and after a subsequent conversation with our shipping dept, who was very clear about the trial period and that the products were NOT samples, he asked her not to proceed with the order at that time. At his request, the June order was cancelled and nothing was shipped to him.

On 7/17/20, well over a month later, *** was contacted by a sales representative in regards to a 30-day trial of products. This time, and in response to his concerns on our pricing, he was offered a 50% pricing discount and same was reflected on the order confirmation email requesting that he please check the information provided and advise if any changes needed to be made. He replied confirming that the shipping address for his order was correct, and 2 products were shipped to him under the agreed upon terms of a 30-day trial. The products were delivered on 7/24/20 and invoiced, as quoted and stated, on 8/24/20 at the conclusion of his trial period.

Mr. never contacted our office for a resolution; instead he contacted the Revdex.com directly to file his complaint. We reached out to him on 9/2/20 regarding his order, explained to him that this was a separate order from the one he did not agree to back in June and offered to waive the ship/handling fees for his order and extend a 10% discount to the remaining balance. He did not accept our proposal for a satisfactory resolution.

The pricing, terms, and return policy for the order were all clearly stated in writing for Mr.' review and response. At no time were the products represented to him as "free" or as "samples". The invoice he received was for the same amount he was quoted back on 7/17/20. I have included the email thread between Mr. and our shipping dept. for your information and review.

The invoice VXXXXX is valid, is for the confirmed July order, remains outstanding for payment, and cannot be credited in full. As a courtesy, we will continue to honor our proposal of additional discounts until month's end.

Although the agreement of the trial was for 30 days, given the nature of the complaint and in an effort to make things satisfactory for Mr., the invoice has been zeroed out with no monies owed to American Research Khemicals nor any further action required. The case received by Auvco is the smallest quantity we have for that product and design changes are difficult during co-vid for a disinfectant product. Again, we hope he puts the product to good use as we have given it to Mr. complimentary. We hope he that will be satisfactory to him.

Mr. was contacted by a sales representative who asked him to buy product BASED UPON HIS SATISFACTION. He would only be responsible for payment if he liked the product. In our sales documents, which are closely followed by our sales people, it is always stated that the trial offer is 20 quarts. We do not carry a one quart. One quart is not an industry standard like 20 quarts. 20 quarts is the industry standard. It is a knee high size container. After Mr. confirmed he would try our products, he produced a purchase order number. It is our company policy to send IN WRITING all details so that each side does not have any miscommunication resulting in a situation exactly like this. After sending an email to Mr., he emailed back to cancel the order which we promptly did. No order goes out without a confirmation that the email stating the quantities, terms and conditions has not only been read, but agreed upon. We did not ship Mr. anything nor do we intend to. He sent a very nasty email to our shipping department, calling our corporation names and said due to other complaints he was justified. The complaints Mr. is referring to are Revdex.com complaints and no way does it show the amount of business conducted on a daily basis relative the small amount of complaints. As you see, we clearly sent Mr. all of the documentation in case he 'misheard' a quantity, canceling the trial offer and HE STILL COMPLAINED. He did not try to reach us to confirm we had cancelled the order, he ran right to the Revdex.com website. Mr. was offered a promo company logo item which he gladly accepted. He then felt that was wrong for our company to give away this promotional item. I don't know of many companies that don't offer a company logo item when intending to do business with a potential client. His desired outcome (not to ship anything) was already done before any Revdex.com complaint. This complaint is invalid because there was no transaction between companies. There was no actual business done.

Once again, both parties agreed to not ship product BEFORE Revdex.com involvement. This matter seems redundant. The nasty emails include name calling were on Mr. behalf. He is right about the 40 quarts as he was proposed 20 quarts of EACH product. Being that he knows the full price means the pricing sent to him in the confirming email PRIOR to shipping was adequate for him to understand what the products would cost if he was *** with the products after the trial time. All in all, Mr. decided against a trial offer (reason we put everything in writing prior to shipping), knows full pricing (from same said email) and full quantities (from same said email). We would think Mr. would have said, "Thank goodness they send this email for my approval because I was only expecting 1 quart of each". 'Baiting and Switching' tactics as Mr. keeps referring to don't seem to be a trend aligned with a pre-shipping confirming email asking for written response in black and white. What does seem to be a trend is some people not fully listening to the offer, hence why our company sends out these e-mails in writing. We understand that a phone conversation taking place when people are generally busy may not be fully understood or heard correctly. All sales people use the same sales material which states 20 quarts of each. This Revdex.com matter AGAIN is not valid. There was no business transaction that took place. The only thing that took place was a solicitation to do business.

Dear Mr.,

I am sorry to hear that you feel this way. Future Industrial has continually provided proof that all of our terms and policies as stated to your company in writing were honored throughout this process. We take all complaints very seriously and respond to your specific concerns herein.

Please note we do not gain "backdoor access to your company's employees". We were referred to *** Linden when asking who was responsible for ordering maintenance and janitorial supplies for your company. The sales representative also confirmed this with Mr.Linden before proceeding to discuss an order.

It is not a "kicker" that we "do not invoice until the 30 day return period (policy) has expired". We clearly state, in writing, "We are *** to provide you thirty days without invoicing for you to try our products" and "returns are only considered for this merchandise within 30 days of receipt". I am not sure how a "trap is sprung" when we proceed to do exactly what we say we will do, when we say we will.

In regards to your mention of an "exorbitant invoice" the order is invoiced as quoted in writing prior to the order being shipped. Prices were acknowledged by and quoted to Mr. Linden. The products are highly concentrated and pricing is within industry standards.

There is no "B.S." in a stated company policy that is provided in writing before we complete / ship an order. We do not refuse returns within the 30-day return policy time frame.

Although not obligated to do so, Future Industrial did propose to split the invoice and share the burden of your company's responsibility in this matter for a mutually satisfactory and amicable resolution. I am sorry to hear that you felt our good faith attempt to assist you was "pathetic" and "shady".

We cannot provide an RMA outside of our return time frame but will continue to honor our proposal of splitting the invoice for a credit and balance of $742.06 without a return being required. Upon receipt of payment in that amount we would consider the matter closed as satisfactory.

I have included herein the order confirmation email with the reply from *** Linden confirming the delivery address for the order, the proof of delivery clearly showing the time frame for invoicing and return, Invoice TXXXXX, and the email thread between our *** Service Dept. and yourself threatening to contact the Revdex.com if you were not given an RMA, even after explaining the policies and providing your employee's acknowledgement of this policy for your review. I await your response.

Mr.,

If our response to your complaint is the same as the other complaints you mention, it is because we are able to respond by providing documentation that corroborates our position. Mr.Linden was made aware of all the terms, conditions, policies, and prices for his order prior to shipping. Had he contacted our office within 30 days of receipt we would have allowed for a return without question.

The invoice TXXXXX is not a ransom, it is a valid request for payment of goods provided and as agreed with your company's representative.

Please inform your accounts payable that we will continue to honor our proposal to split the invoice and share the burden of your company's responsibility in this matter for a mutually satisfactory and amicable resolution.

Contact Name and Title: ***
Contact Phone: (XXX) XXX-XXXX
Contact Email: ***@chem-usa.com
I am sorry to hear you were not satisfied with your recent purchase. I assure you we maintain upstanding business practices and do not employ deceptive sales tactics. The intent of a trial order is to give you an opportunity to work with our product for 30 days before being invoiced.

As you have repeatedly mentioned throughout your complaint you were advised a packet price verbally as well as by email and saw it when you read the email, noting there were 10 packets at the quoted unit price. This is not deceptive, it is a quote that included both the quantity of items and the price per item. The product was delivered on 12/19/20 and invoiced at the conclusion of a 30 day period on 1/20/20 as it was quoted, and within the time frame that was stated, as you yourself acknowledged, at the bottom of the email we sent you.

The order confirmation email was sent as a final point of verification and to ensure all order details, prices, quantities, invoicing time frame, and return policies were received before we proceeded with your order. We cannot be responsible if the information provided was not read before you responded in acknowledgment of receipt. The reason we state everything in writing is to avoid misunderstandings.

Unfortunately the request to return the product did not come in until after our company's return policy time frame of 30 days had expired and an authorized return was no longer available. This policy was also provided on our email, "returns are only considered for this merchandise within 30 days of receipt".

I have included herein the confirmation email, proof of delivery, and invoice for your information and review.

Thank you so much Kory for your review. We greatly appreciate your taking the time. In addition, we are happy that you were satisfied.

The balance on the account has been credited out due to a partial payment agreement.
The account balance is now zero.

Our company does not "target" individuals and we do not have, or offer "free samples". All new products are sent on a limited trial basis and same is communicated both verbally and in writing.
The terms were clearly stated, for your review and reply and only shipped after you replied to our order confirmation with the correct address to ship the order. At the conclusion of the trial period, your order was invoiced. Unfortunately you did not contact our company until 60 days from the date of receipt of the order and well after the trial and return period had passed. Although not obligated to do so, our Customer Service Dept. offered a 50% discount to the invoice as a one-time courtesy for a satisfactory resolution. We received a reply from you that if a return was not possible, then you "AGREE TO THE CREDIT AND REQUEST IT BE APPLIED TO MY ACCOUNT AND REINVOICED". At your request, it was applied, the invoice revised and email to you on 8/8/19. On 8/15/19 you advised us that it had been turned over to your accounting department.

Without authorization and outside of our stated policies you returned the products and in good faith, we accepted them and issued a full credit to the Inv. TXXXXX on 8/23/19.

Future Industrial acted in accordance with our stated policies and continually worked with you towards a satisfactory resolution.

I have attached all pertinent documentation mentioned above, including your order confirmation email and proof delivery. Also attached is the Inv. TXXXXX reflecting the credit applied for the return and a $0.00 balance. This matter is now considered closed.

In response to Mr. *** complaint, the two products sent to him were not represented as free or as samples. The invoice was issued, at the quoted price, and at the conclusion of a stated 30-day trial period. All sales representatives follow a strict script and are closely monitored on the phone. As Mr. himself stated in his complaint he was "given unit pricing for the material". He was also given the quantities. We did not send him an exorbitant amount of product. We sent him the quantity of product we confirmed with him in writing prior to his order being shipped. If the pricing was a concern, or outside of his maintenance budget, he should have communicated this to our sales and, or shipping dept. before agreeing to receive the materials. Instead he replied to an order confirmation email with all of these details, clearly stated, confirming his shipping address for the order. All terms, conditions, and the company return policy were clearly stated in written form for Mr. review and reply before his order was shipped.

This order was placed by Mr. confirmed in writing, and invoiced as quoted and stated to him before the order was shipped. Unfortunately he has resorted to filing a baseless complaint against our company in order to forgo his financial obligation. Future Industrial did not manufacture a sale and have acted in accordance with our stated terms and policies. Attached herein is the documentation that substantiates our response.

Chem USA, LLC d/b/a Future Industrial requests that the Revdex.com remove this complaint from their website as the documentation attached confirms that the complaint filed is not factual.

In response to Mr. ***'s rebuttal, I am still not clear on where in the documentation provided he finds that our products were represented as samples or as free. Our tactics are not deceptive. As you can see by our email we make sure to outline and clearly state the terms, conditions, quantities, invoicing and return policy time frames before any order is confirmed and shipped from our facility.

The email thread provided is clearly not out of context since it's only context is to confirm, in writing, an order placed over the phone. The order was authorized and clearly existent since Mr. *** replied to this 3rd and final point of verification. If he did not want to order products he should not have agreed verbally and later by email reply.

Unfortunately Mr. has filed an unjustified complaint against our company to forgo his company's financial obligation and in response, although not obligated to do so, we have issued a full credit to the Invoice TXXXXX in order to close this matter once and for all.

I have attached herein the $0.00 balance invoice and will consider this matter closed as uncollected.

Document Attached***
Our company is not a scam and all terms, conditions, and pricing for orders are stated in writing before products are shipped from our warehouse. The prices are quoted and confirmed by email and any pricing concerns should be discussed prior to the order being confirmed.

This order was placed by phone on 11/19/18 with one of our sales representatives, verified by our shipping dept. and later confirmed in writing by Mr., Maintenance Supervisor. The products were sent to Mr. on a 30-day trial basis and same was stated to him in writing along with the product quantities, pricing, order return policy, and terms and conditions of his offer. He was informed over the phone and by email that he would not receive an invoice during the 30-day trial period but it was clear that he would be invoiced at the conclusion of the trial. At no time were the products represented as free or as samples and he even states on his complaint that we advised him of our policies in writing.

The emailed order confirmation contained product quantities, pricing, our company return policy, and the terms and conditions for the order. Upon his reply of "Thank you, we will give it a shot and see if it is something that we can use." (see attached) we proceeded to ship the order. The order was delivered on 12/06/18 and invoiced 30 days thereafter, as stated and quoted to Mr., on 1/07/19.

Unfortunately Mr. contacted our customer service department outside of the stated return time frame for the order. After reviewing the email and order details he agreed to pay the invoice and provided us with a PO# 99705. We received a check payment on 2/26/19 and the matter was closed as satisfactory.

As you can see on the reply posted by *** on 09/06 ....American Research has still not been given proof of return. A09/11/2019 As stated in my email response to the vendor.., I am not at the location where the POD is being requested from.

We will get this shortly.

Thanks,

***

This complaint needs to be closed as there is nothing else we can reply. The consumer says they returned material but to date have not provided and signed shipping documents.

Document Attached***
Please note our company does not offer free products. The products sent to Maintenance Manager, *** were not represented as free or as samples. They were ordered by him on a 30-day trial basis and same was clearly stated verbally and in writing for his review. An order confirmation was emailed to him at the conclusion of his conversation with both our sales and shipping department to place and verify the order, respectively. The products were delivered to Mr. attention at Thermal Structures on 3/6/19 and invoiced, as quoted, 30 days thereafter on 04/08/19.

The prices and quantities of the ordered materials were quoted by email and all terms, including our company's 30-day return policy, were stated to Mr. prior to the order being shipped to his attention. Unfortunately we were not contacted until after the 30 days had passed and a return was no longer possible. In good faith, although the materials were returned without proper authorization and, or identification we accepted the return and credited the account in full.

I have attached for your review the order confirmation email, read receipt reply from Mr. Paredes, proof of delivery, and invoice reflecting a $0.00 balance after the return was processed.

Chem USA, LLC d/b/a Future Industrial Products requests that the Revdex.com remove this complaint from their website as the documentation attached confirms that the complaint filed is not factual.

As per Ms. ***'s request to send her the $0.00 balance invoice because she was not able to access it from the attachments we provided on Revdex.com website, we have emailed her the invoice directly and attached that email herein.

At this time the matter should be marked as resolved.

Please see our reply attached.

With having over 1200 new accounts developed EACH year, the argument of 56 complaints (not from one calendar year) on Revdex.com are VERY low. This is not including repeat *** number of accounts which I am not going to disclose. As previously documented, all terms and conditions were agreed to and ALL of our employees sign documents as to never say the word 'sample' as we do not send out samples, only full size products to trial and our employees are always monitored as well as a second department not only verifies (verbally) sales, they email all prices, terms and conditions. I believe our company is being mistaken with another. I'm sorry this corporation has not fully looked at the documents already provided.

Mr. agreed (verbally and electronically) to all of our terms and conditions, accepting a shipment of our signature line of products. He was advised of pricing, terms and quantities PRIOR to shipping. He and/ or his corporation simply do not want to pay their invoice. The company, specifically Mr. was verbally and electronically given of all of this information to which Mr. replied an agreement from his company email (docs included) before any shipment was sent. Our corporation has tried several attempts to work out an amicable resolution with Mr. who refuses to speak to us even offering personal cell phone numbers after he has facebook messaged some of our employees. He has only put in complaints and has not made any effort to speak.
After reviewing the documents, it is evident that Mr. has perhaps forgotten his agreement. As a chemical corporation, we can only have product out of our hands for 30 days. Mr. and his corporation failed to contact our corporation within that time frame. AGAIN, we have attempted several times to work with Mr. with no success. We still invite Mr. AGAIN to contact us back. In the meantime, Mr. has slandered our corporation in as many places as he could which has obviously taken more time than it would have to work out an amicable solution.

As Ms. says quoted from her response "in fine print, there was a blurb 7 sentences in that told the product was not free and an invoice would be sent after the trial period. We contacted the company to return the products and was told that we could no longer return them after 30 days.". We. as a company, thoroughly try to avoid a situation like this. Ms. did not place this order. The order was placed by *** whom did more than likely did not inform Ms. of the proper conversation which took place. At no time, does our corporation profess to send out 'samples'. The order (2nd order from this company, first order was paid in full) was sent out on a trial basis of 30 days. The order in question was placed in June and at no time was there a discrepancy until September (90 days later). Being in the chemical business, we cannot resell products out of our quality control over 30 days, hence why we send that out in an email. We have documentation that the email with all policies was read by the party complaining, although Ms. has already acknowledged that same email. It is not a blurb, it is a conditions and terms. All of that aside, free shipping is offered as in our email if you reconfirm your address. Because of only a read receipt only, our system did not automatically take of the shipping fees. *** is hefty on shipping fees and charges for rerouting if the address is wrong which is why we offer this option. These are not our fees. In good faith, we will deduct the shipping fees AND invite Ms. to give us a ring to settle the account. We apologize for any misunderstanding as is never our intent. This is specifically why we send out an email with terms and conditions and do not release any orders unless we know it was either read or responded to. In addition, we monitor all sales and the word 'sample' is forbidden by our sales force since we only offer full size products for 'trial' which is followed by an invoice. All employees have signed to not ever say the word sample and are fully aware we do not offer sample sizes. In addition, a second party, our warehouse offers a second verification call to every customer on EVERY order to explain in detail the terms and conditions and follows that up with an email. Selling companies products is not deceptive. We cannot, however, offer companies over 90 days of a trial on full cases of products as we incur all costs of shipping and product on open invoices. We understand Ms. is in a position to handle this although she was not the person who ordered and might have been misinformed. The fact that this product was agreed upon in June, Mr. might not have recollection of the terms. We are all busy. In his position, I'm sure that this could have slipped his mind and he has a different memory of what really took place upon the agreement. That being said, we again, invite Ms. and/or Mr. to contact our office so we may mutually agree to settle this for both corporations. Again, apologies for any misunderstandings.