Complaints

This profile includes complaints for Mark AVL Group's headquarters and its corporate-owned locations. To view all corporate locations, see Find Local Branches.

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  Mark AVL Group

  Fort Wayne, IN 46835-9630

• 

  Mark AVL Group

  PO Box 235 Roanoke, IN 46783-0235

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:12/12/2023

  Type:Order Issues
  Status:

  UnansweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  On May 12, 2023 ************************** entered into a contract to have acoustical sounds boards installed in our elementary gym. A pre-payment of $20,493 accompanied the contract that was sent. ************ agreed to install the panels the week of July 24th. After countless delays and excuses most of the panels were installed on September 20th, however there are still a number of panels that have not been installed. We have made countless attempts over the past several months to have them come finish the project without response. We have two smaller projects that have been billed by ************, however we are holding those checks ($8,777) until the original project is completed and then they will be released. Us holding those checks has finally generated a response from ************, however as of today the project has still not been completed and Mark *** is wanting to charge interest on the checks we are holding.

• Initial Complaint

  Date:06/09/2023

  Type:Order Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  Contracted with Mark AVL group to provide and install acoustic treatment at ***********************, of which I am a co-owner. Contract started in Nov 2022 and payment of $4805.30 was made on 11/15/22. Email from *************************** dated 11/4/22 stated that it was confirmed with the vendors a production time of ***** days. I followed up in early ************************************************************************** Feb 2023. The installation date was postponed and since then it has been very difficult to get information on the status of the project. I inquired with ******* about terminating the contract. He responded on 5/4/23 with an option to terminate. I responded on 5/9/23 asking for an update on the project before I made a final termination decision. I received no response and followed up with another email on 5/18/23 with no response. *******'s cell phone # rings busy when I call it and I have left several messages on the office voicemail that have gone unanswered. During this time period, ******* did inform me that he was in the hospital a couple of times, so I am not sure if the current lack of response is health related or not.

  Business Response

  Date: 06/30/2023

  In response to this complaint, the customer, ***** Ice Cream Shoppe, has been in breach of their contract with us. This customer has been notified of this and we have previously made the decision to offer a refund for services and products that have not yet been provided despite our project contract clearly outlining that a refund is not owed pending a breach on the part of the customer. At this point, a letter notifying the customer of this breach and subsequent contract termination has been delivered to the customer along with a refund check for the refund mentioned above. Included in the notification is a description of the services that have been fully and completely provided and are not refundable. To provide background information on this situation, this project dates back to August 2022 when we spent 4 months before the contract was signed, designing the highly custom products with the owners of ***** Ice Cream Shoppe. During this time no money was charged to ***** and these services were fully provided pending a signed contract. The cost of these services is covered and was included in the contract that ***** Ice Cream Shoppe agreed to enter into with us. Once the contract was signed we began the process of ordering all the products due for the project and informed ***** that we expect to have everything delivered in 4-6 weeks (which was the eta given to us by the manufacturer of these products). This timeline was never guaranteed or promised as we are not able to guarantee delivery of products we do not manufacture in-house. The project contract also states multiple times that we absolutely cannot be held responsible for delivery delays or problems with products beyond our control. Unfortunately, the manufacturer was not able to meet this deadline and we informed ***** that it was going to take more time than expected due to manufacturing delays and that we would let them know when we learned more or had a definite delivery date. A few professional and uneventful email exchanges took place over the next several weeks between us and ***** and then after receiving an email from ***** that we did not respond to in a timely enough manner due to staff being out of the office and technology issues, we received a call from one of the owners, during which she proceeded to speak in an an incredibly unprofessional and disrespectful manner to our office manager. Despite our office managers' efforts to apologize and make our mistake right with **** during this call, our office manager was not allowed the opportunity to properly apologize and **** subsequently hung up abruptly. Shortly after the first call, our owner called the ***** owner back to address the previous phone call with our office manager and experienced much of the same treatment but was given the opportunity to put a plan together on how to move forward in a way that is agreeable and acceptable to both ***** and us. This plan included weekly email updates and expanded efforts on our part, to seek out more detailed information about the status of the products that were delayed. Over the next several weeks we provided ****'s owners with weekly (sometimes bi-weekly) email updates, as per our agreement, outlining the exact reasons for the delays in as much detail as we could possibly share. During this time there were one or two occasions in which we could not respond exactly within the week most often due to the manufacturer not providing updates to us in a timely manner but made every effort to respond within 24 hours of the deadline and provided a reason for the delay as well as apologize for the late update. In order to provide these updates we made multiple trips to the manufacturer to inspect their progress in person which was above and beyond our obligations outlined in the contract. We made these efforts in good faith per the arrangement we made with ***** during the phone call mentioned above, in hopes that this would demonstrate our commitment to do everything in our power to see this project through in as timely of a manner as possible but also to make right the ways in which ***** felt we had fallen short. Despite our continued efforts to explain in detail the reasons for the delays and the continued reminders that we are doing everything we can but ultimately the delays were out of our control, we received another email from one of the owners, explaining her frustration that she believed we were not giving her clear enough updates and that we owed her a final date commitment. We responded and apologized that our updates were not meeting her expectations and explained again that we are continuing to do everything we possibly can to move the project forward as quickly as possible but that we were not in control of the manufacture and ultimately cannot give her a date commitment on behalf of the manufacture. After this email exchange, we received a notification that the other owner of *****, had left a review on our ******** page stating both her dissatisfaction but also that we had taken their money and ran all the while we had been in communication with the other owner and had regularly made efforts and explained what we were actively doing to continue moving the project along in every way we possibly could. The ******** review was later deleted before we could comment or make a response. Shortly after this one of the owners sent a final email telling us again that she was still not satisfied with the updates and that we again owed her a final date commitment and if we couldn't give her a date commitment she would want to cancel the contract and receive a refund. At that time we responded and acknowledged her frustration again and apologized again for the delay. We also acknowledged our knowledge of the inappropriate ******** review as well as another comment that was left on a ******** post of ours and also subsequently deleted before we could respond. The project contract outlines that once the contract is signed we cannot offer the option of canceling the project or offering any refunds. This is primarily due to the fact that we cannot cancel the order we placed on ****'s behalf, for the completely and fully custom products for this project. We explained both these facts but also explained that we have absolutely no desire to stick it to them or stiff-arm them out of their money. We continued to explain the ways in which we believe we went above and beyond to see that this project was moving forward as quickly as possible and that all of these efforts were well in line with the plan that both us and ***** had agreed to as an acceptable way to move forward despite the delays beyond our control. We also informed ***** that all these efforts were made at an additional cost to us, that we would not be passing on to them at any point despite the contract specifically allowing us to do so. In addition to all the above, we also acknowledge ***** desire to cancel the contract and receive a refund if we could not provide a date commitment. We again explained that we could not commit to a date because we are still at the mercy of the manufacturer despite all of our many efforts to move the project forward fast, this was still completely out of our control. In our response, we also stated that we believe it was no longer beneficial for either party to continue with this project and we were willing to cancel the contract and even provide a majority refund, despite the contract stating projects cannot be canceled or refunded. We did this due to the fact that we know and understand the frustration and dissatisfaction ***** has experienced. We outlined the services that have been fully provided and **************** and documentation that have been delivered and that they are in possession of which would not be refunded. This offer was not meant to be an offer to continue the project but rather an option to end on reasonable terms and in a way that was as amicable as possible under the circumstances. At the end of the day we call the same city and community home as ***** Ice Cream Shoppe does and would like to be able to continue serving the community and maintain an appropriate level of professionalism between our two businesses when engaging with our community. ***** responded and did apologize for the ******** comments but ultimately did not accept the offer. At that point, we made the decision to enact our right under the contract to find them in breach based on the false statement they made on a public platform claiming we were taking their money and running while we were still in active communication, and clearly explaining that the situation was out of our control and that their demands to cancel the contract and receive a refund if we couldnt provide a guaranteed delivery date, despite our regular updates, communications, and explanations that we are doing everything in our power was in violation of the contract. We also had to take into consideration that due to the past interactions, inappropriate, and unprofessional behavior that we experienced from ****'s owners, our team has expressed concerns about continuing to interact with and eventually show up at the Jebi's store front to install the products as was part of the project. The well-being of our staff is of extremely high priority and importance to us. We will always make every effort to ensure our staff a professional and enjoyable working environment. We fully understand and acknowledge the frustration ***** has experienced and always strive to clearly demonstrate our commitment to our customers to make it right and make every effort to provide as great of an experience as possible. This is in part why the decision was made to still provide a refund despite the breach of contract. In conclusion, we understand and acknowledge ****'s frustration and that their experience has been less than ideal, and that we have at times neglected to communicate in as quickly of a manner as we could have during this project. We have apologized for this multiple times and made the efforts mentioned many times above to make it right with *****. We again sincerely apologize for the ways in which we did not meet expectations but hope that our efforts and even the unobligated refund given at contract termination is a demonstration of our desire to work with our customers and make it right when we could have done better. We are regretful that this project had to come to this conclusion but we have certainly learned from this experience and look forward to making the experience of our future customers even better. 
  Sincerely, 
  Mark AVL Group