Subscriber Discussion

Customer Wants Full Refund On Hikvision Install: What Would You Do?

UI
Undisclosed Integrator #1
Sep 05, 2015

This is a first for me so I am confused about the best route to take.

Scenario: installed hikvision at a residence in the mountains consisting of 4 hikvision ds-cd2532f-is cameras and an unbranded hikvision 7608ni-e2/8p NV, Asus monitor with built in speakers.

Customer wants full refund because states that night viewing is too grainy and customer cannot see/identify person approaching until they are closer to residence. Customer has motion lights but states they are not sensitive enough to detect someone moving very slowly and therefore will not turn on to provide additional lighting for cameras. Customer also states image has too much noise. Also claims I did not provide Hikvision NVR because it is unbranded. I told customer that I can provide letter showing proof of brand but customer contacted hikvision and was told it wasn'the theirs and would not be supported. I have offered to replace NVR but customer refused and wants me to pull out all. Quote does not mention brand and only states cameras come with audio.

After playback of the night video, I tend to disagree with their complaint and believe customer is unrealistic in their expectation. The video quality is actually very good considering the residence is in the woods without any additional lighting. You can make out really good detail including the water hose, sewer cap (which Customer claims someone is taking off), and a small pile of dirt . Good view extends out about 15-20 feet front the camera at night.

Customer requesting full refund because customer believes they should have a better image and better audio quality. What would you do, and what do you recommend I should do?

UI
Undisclosed Integrator #2
Sep 05, 2015

I teach this scenario all the time. CCTV is all about managing expectations. 20 other people might say it's the best night image they have seen. There isn't a lot you can do here to make them like it better without an extensive amount of equipment upgrade. The work had to be done first. Show them images, see a demo site. Understand how picky they are. You are in a tough position and your contract and tenacity will determine much of the future. Good luck.

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Matt Ion
Sep 05, 2015

Well I don't know if I have any good suggestions on how to change his expectations - you could demo a couple cameras that will give him better night vision... just make sure they're about five times the price, but don't tell him the price first.

"Okay, let me show you this camera..."
"Wow, that's amazing, I love it! Let's change them all to these!"
"No problem, they're only $xxxx each..."
"...."

If all else fails and you end up having to take it out... make sure you take it ALL out, including all the wiring (assuming you cabled the job). He's probably thinking he can get all his money back from you, then pay someone else less to come and just plug in a new system while not having to pay them for the wiring install.

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U
Undisclosed #3
Sep 05, 2015
IPVMU Certified

...make sure you take it ALL out, including all the wiring assuming you cabled the job...

Or just kink the cable back and forth until the conductors break...

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Ari Erenthal
Sep 06, 2015
Chesapeake & Midlantic

Cut the cable in a place that would be difficult to find, let alone repair.

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U
Undisclosed #4
Sep 05, 2015

Some customers can experience 'buyers remorse' for a whole lot of reasons that you may never be in a position to know. If this is the case in your scenario there isn't much you can do, as the customer is stating an undisprovable reason for his disaproval of your work and/or products.

Could you add an inexpensive white light illuminator to the rig? This would show the customer that you are interested in making him happy and sucking up some of your own margins to satisfy him.

You don't even have to buy anything - just find something at a price that you could suck up if you had to and tell the customer of your good plans to try and satisfy him. If he declines, he's probably just a dick.

Live and learn. UD2M above got it on the nose...

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JH
John Honovich
Sep 05, 2015
IPVM

The ds-cd2532f-is model is only specified for 10m IR range. That's quite low and the lowest spec range Hikvision lists.

Here are 16 Hikvision models, under $200, with 20m+ IR range, indeed 2 of them have 50m IR range specs (e.g., the Hikvision DS-2CD2232-I5, which has 50m IR, 3MP and online pricing of ~$170).

A camera with 10m IR range in that level of darkness is asking for problems. I'd offer to swap out to one of those Hikvision models with longer range IR at no cost, because this is likely to solve the problem and the current model seems to be a poor choice.

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MI
Matt Ion
Sep 05, 2015

The ds-cd2532f-is model is only specified for 10m IR range.

Well, he DID say the picture is good at 15-20 feet, which seems to be all that's needed, and is well under 10m.

UI
Undisclosed Integrator #1
Sep 05, 2015
The area of coverage that the customer wanted is within 5-feet of the house. Why would I use greater IR for that?
JH
John Honovich
Sep 05, 2015
IPVM

Because you say that his position is that:

"Customer wants full refund because states that night viewing is too grainy and customer cannot see/identify person approaching until they are closer to residence"

Switching to a longer range integrated IR camera would solve both of these (grainyness and see/identify farther away).

What did you provide him in writing up front? Does it say anything like 'Night coverage within 5-feet of the house'?

Even if you do not do anything on this project, going forward I would not use cameras with 10m IR range in dark outdoor conditions since the ones with much farther range are not that more expensive and will provide a much better user experience.

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MI
Matt Ion
Sep 05, 2015

Why do I get the feeling, unless OP goes with some kind of "smart IR", the customer would then complain about the images being TOO bright?

UI
Undisclosed Integrator #1
Sep 05, 2015
So should I eat the costs of labor as well? Takes nearly 2 hours tto get to the place and we also added a 5th cable pull in anticipation of installing a 5th camera after the customer saw the image and liked it. We were going to comeback out to install the 5th camera.
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John Bazyk
Sep 05, 2015
Command Corporation • IPVMU Certified

I wouldn't give him a full refund. Your contract should be written so when they sign the service ticket from the technician it shows that they are satisfied with the equipment and install. That being said, you could give him a partial refund and still rip out all the cable and equipment. You shouldn't go into the red because he thought he could get what they show on TV. To avoid this. We always send sample footage of every camera before we go out and install a system. No matter how big or small the customer is. They sign off on the image quality and the understanding that results WILL vary. The 2532 is the wrong camera to use, we use them a lot in pharmacies and small office spaces. The new EXIR cameras are a much better option for outside.

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Mark Jones
Sep 05, 2015

This is just me, but I would give him a full refund, uninstall everything including the wire, put his property back exactly like you found it, walk away and call this a win. His reasons may be right or wrong, but his feelings belong to him. You will never satisfy him. Treat this as lessons learned, walk away with your head up, refund the entire amount and but make sure you take it all. If he wants the cable, that is your leverage to charge for the install. If not, both parties win. "Not all money is good money".

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Alan Dodds
Sep 05, 2015

Something is up when the customer is asking for a full refund as opposed to giving you an opportunity to meet his "needs" or "expectations".

If the quote does not mention brand, was it verbally stated? If he's asking for something now in terms of performance that was not mentioned ahead of time, it doesn't make him entitled to a full or even partial refund.

Beyond who's right or wrong here, there are many factors that would influence a decision on your part either way. The above advice and 20/20 hindsight offer valuable lessons.

Still it seems to me the customer is being unreasonable and is using any "excuse" to get all his money back. I would offer him an upgrade path telling him that at the price point given the night vision performance is as good as it gets. If the NVR was not quoted to be of a specific brand (even though it is unbranded Hikvision), then technically you still fulfilled your end of the bargain.

If he refuses an upgrade path (potentially at a significant discount "in good faith"), then the customer is being unreasonable and really only wants his money back whatever the reason.

I don't have all the facts, so in the end it's whatever you can live with. Take the product back and refund that part only (not the labor)? Offer an upgrade path and any other option to "meet his expectations"? Tell him straight out that a full refund is out of the questions for XYZ reasons and state the options you are willing to offer.

In short, from what you've told us, a full refund seems completely unreasonable. In the end, I would follow my conscience and do what I feel is right even if it means losing the client relationship (which appears to be the case anyway). Weigh the pros and cons for you and your business for sure and give yourself time for all and any emotions to settle a bit.

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Mark Jones
Sep 05, 2015

What is your written policy on refunds or guarantees? At a minimum, you need to follow that. But from your description it sounds like this is one customer who will always be unhappy with you. l like customers, and not just because they pay the bills. I like them because I like people. But there are a very few that refuse to be pleased no matter what you do. If he is refusing any path to his own satisfacton, then clearly he does not want to be your customer, so don't force him. Let him go. Every time you hear his name your butt cheeks will clinch up. Do you really need that in your life? If you really want to satisfy your customer, and his only desire is to be somewhere else, meet that demand. But that is just me. I would remove it all, give him his money back, shake his hand and wish him the very best.

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UI
Undisclosed Integrator #1
Sep 05, 2015
My contract states 50% for any reason other than a poor install.
JH
John Honovich
Sep 05, 2015
IPVM

"My contract states 50% for any reason other than a poor install."

Is that the exact language in the contract? Because I am going to bet he will claim 'poor install', and if he is so quick to go negative, he may very well take you to court over this.

UI
Undisclosed Integrator #1
Sep 05, 2015
John it does indeed state that in the contract. And the entire communications have centered around poor audio and night image. Never about install.
JH
John Honovich
Sep 05, 2015
IPVM

Do you define what is or is not included in 'install' in the phrase 'poor install'? Do you have anything that explicitly excludes image quality or audio quality? Or that makes it clear that 'poor install' only relates to the physical setup of equipment not the overall performance of the install?

I am pushing this because simply saying 'poor install', without explicit definition and exclusions leaves open the possibility of the customer objecting and pressing suit.

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UI
Undisclosed Integrator #1
Sep 05, 2015
No but I will certainly review and revise. Thanks for pointing that out. I'm open to any suggestions that will tighten up my contract. Thanks.
JH
John Honovich
Sep 05, 2015
IPVM

Since I am not a lawyer, I will not propose specific contract language nor should you listen if I did.

But, as a general rule, even outside of court, setting your expectations as clearly and explicitly as possible (i.e., more detailed than 'poor install') should help you.

KL
Keefe Lovgren
Sep 06, 2015
IPVMU Certified

Might want to look at a contract from Kirschenbaum & Kirschenbaum. Or hire a local lawyer to create a contract for you.

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Richard Brady
Sep 05, 2015

Refund the hardware less expenses and be glad your out of this one. A lot of headaches in front of you if you fight it. Take it as a learning experience and sleep well!!!

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UI
Undisclosed Integrator #1
Sep 05, 2015
Yes I suspect something is up as well. Like now that all the holes have been made customer can install over without much labor. For whatever it's worth what I haven't told you guys is that the customer has 4 DIY Cameras THAT CUSTOMER installed and about 3-4 more wildlife type cameras located thru-out the property which is fairly small. Their is fencing within fencing. And most importantly the customer thinks there is a stalker and has had police out several times. However, with regards to the stalker I walked the property line and saw no signs of trampled grass/weeds to indicate someone has been there. Also customer sent me email Wednesday evening requesting refund and by Thursday afternoon had filed a complaint with BBB without giving me ample time to respond. Who does that?? I have not really had the opportunity to offer another solution.
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U
Undisclosed #6
Sep 06, 2015

Nobody cares about BBB ratings other than lunatic residential customers who are problematic.

Obviously if you DID offer any sort of a refund it would be AFTER all equipment was removed on confirmed to be in full working order. That isn't going to happen in 24 hours.

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Luis Carmona
Sep 05, 2015
Geutebruck USA • IPVMU Certified

Dude/Dudette, some losses are to be expected in business. This will occur. The key is to keep losses to minimum. Not every job will be a win. And just because someone has money, has a business, or is the president of an HOA doesn't mean they're not nuts. When doing business with people, you have to know a little psychology, and when dealing with crazy, best to cut off the relationship quick with no ties. Trying to hold back some of the money is just one more tie crazy people use to hang on, like a crazy boyfriend/girlfriend who just won't leave because you keep giving them and opening to exploit.

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UI
Undisclosed Integrator #2
Sep 05, 2015

Okay....that was unfair. Most of these replies would have been different if the whole story had been told upfront. The title should have been. "What now, I sold to a nut job". If you've been in business long enough and deal with the public this will happen. I have had a couple and then learned how to identify early and politely back out.

I am being stalked (add 20 points), people are listening in on me (add 30), someone changed the motor in my car to a smaller one (real and add 50), someone took food from my refrigerator while I was out (add 10) and so on. When you get to 100, run.

There was good advice by others if you can afford it. Pull the gear and get a signed release of all liability.

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UI
Undisclosed Integrator #1
Sep 05, 2015
Lol my partner and I both had a good laugh at your post. Thanks for that. The theme here seems to be on a full refund just to cut any ties. Thanks to everyone who contributed in helping me make the right direction. I will be refunding. Thanks again.
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U
Undisclosed #4
Sep 05, 2015

"Okay....that was unfair. Most of these replies would have been different if the whole story had been told upfront."

That's exactly what I immediately thought once UD1I came clean....

To UD1I:

Many subscribers here love to help solve problems... it's what we enjoy being a part of. We offer up our time to do so because that's how a lot of us roll.

Speaking for myself, I dislike offering advice only to find out that there were important factors that were withheld.

Tell it like it is.

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UI
Undisclosed Integrator #1
Sep 05, 2015
I wanted to but then thought I should make the decision based on what people would normally do not on the basis the person has "issues". Personally, I wanted to help the customer because I wanted to give them the benefit of the doubt. But I have learned my lessons and next time will listen to my gut instincts. Btw, would the responses / recommendations been different if you had known more background?
MI
Matt Ion
Sep 05, 2015

I think if the whole story had been known from the start, pretty much all the responses would have been simply, "run, screaming."

I'd agree, give the full refund, take ALL the gear and wires (or maybe leave the wires but make them unusable, as someone else suggested), and get out while you can... because the next step is to give the refund and leave the gear and be glad you escaped with your sanity.

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JH
JOHN HOLMES
Sep 07, 2015

As a tech I went on a sales/service call where a cheap analog DIY system was connected to a 60 inch TV. The paranoid homeowner saw all kinds of images in the night view he was convinced were people walking his property at night with flashlights (bugs in the IR lights) and frogmen hiding in his pond (3 inch pixels on a big screen).

I quoted a price I hoped he would not pay and never heard from him again.

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UI
Undisclosed Integrator #2
Sep 05, 2015

My advice would have been to pack up the gear and get a release of all liability in exchange for the labor. Even then you may not have heard the last of this person. BBB is just a start. You can't call them crazy as a response to any Yelp or other posting. So far you haven't been accused of installing listening devices, stolen anything, damaged property, made keys, you name it.

I hope for your sake all you do is return the money

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UI
Undisclosed Integrator #1
Sep 08, 2015

Ok so I offered to refund the full amount, retrieve cameras and materials, however stipulated that customer retract negative review on BBB and sign a release of liability. I received an email today stating the following "I will not sign any paperwork you generate, as you have had access to my home and my computer. " Also, I stated that the earliest we could return to retrieve the cameras would be on Monday September 14th. Here is customer's response "The house can only be available for you to remove the equipment on a Friday or Saturday."

Sigh... Seriously??

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Mark Jones
Sep 08, 2015

That is not too hard to fix. On the back of your check write a "statement of release" upon cashing the check. Show him the check when you arrive, but give it to him when you leave. When he cashes the check, he is releasing you of liability. He will cash the check.

As for the day you choose, you pick it.

Butt cheeks clinching.

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John Bazyk
Sep 08, 2015
Command Corporation • IPVMU Certified

At this point, you should consult a lawyer. The dangers of returning to his property and removing the system are far to great. Call Kirschenbaum & Kirschenbaum. They’ve help us out a lot over the past couple of years. It’ll cost you a couple hundred, but it’ll be worth it. He’s kind of a jerk, but he’s brilliant. Pay for the advice once then you wont have to pay for it again.

U
Undisclosed #3
Sep 08, 2015
IPVMU Certified

Pay for the advice once then you wont have to pay for it again.

Or even cheaper; get your advice and stiff him, then see what HE does... ;)

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UI
Undisclosed Integrator #1
Sep 05, 2015
We are going to call it lesson learned and retrieve our stuff. If I leave cable customer may complain that we didn't clean up.
UI
Undisclosed Integrator #5
Sep 05, 2015

Id rip it all out, give him a full refund, and be done with it.

Exactly why I dont do residential.

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UI
Undisclosed Integrator #1
Sep 06, 2015
When I pull the equipment I'll make sure it's in working order. Having said that, I wonder if I should tell the customer that they need to stop using it or get charged a lease fee. Because I have no doubt it is on and in use.
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Luis Carmona
Sep 06, 2015
Geutebruck USA • IPVMU Certified

"Stop using it or get charged a lease fee".....?

"Like now that all the holes have been made customer can install over without much labor."

All that trouble just to get some holes pre-cut? My radar is starting to beep from both sides here. Like they say on Shark Tank, I'm out.

U
Undisclosed #3
Sep 06, 2015
IPVMU Certified

All that trouble just to get some holes pre-cut?

And the BOM. Sounds like somebody went shopping after the install and thinks they can do it better and cheaper. Or somebody whispering in their ear. That's often the case when they are sure they got ripped off but have a hard time explaining why exactly.

Look how they complained that the NVR didn't say Hikvision all of a sudden, when they didn't even know to ask what brand it was to begin with!

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Alan Dodds
Sep 14, 2015

This sounds like a very strong possibility to me.

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Gregory Keeling
Sep 06, 2015
You have very few options to be quite honest. Kindly remove all equipment in its entirety. Learn from this experience and make the necessary changes in order to limit the chances of it occurring again. Going forward, bring a sample of the unit to the sales call. Give the client access to sample live video using the recorder you are proposing, ask a friend or leverage the rep if you need to, make them do their job. Create an equipment authorization form listing all hardware and have the client sign it, keep that for your records. Create a terms and conditions form, if you can't afford to buy one there are many samples online that you can use to create your own. Learn to itemize everything provide all model numbers and do not ever switch the equipment you proposed. Learn to be transparent, sales guys can be horrible at this which will ultimately screw the company at the end of the day. Mark up your equipment only a small amount say 10-25% Whatever you planned on making on the project put it into design and installation. Trust me when I say that as you grow the losses a company can experience can only get bigger so get the basics down now. Respectfully Greg Vice President at NYSSINC
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Alan Dodds
Sep 06, 2015

Certainly giving him a full refund is the path of least resistance. But once the customer files a complaint with the BBB, I would think he's not entitled to much other than what's fair and reasonable which of course is for you to determine. I would give him 2 or 3 options you deem fair and acceptable and let him choose. You've already lost him as a customer though you never know he might have been having a bad week/month. Does that mean you should take a complete loss in time and materials? It is a small system but still.

You seem to have made a decision you could love with so this is just my point of view. This client is dishonest and I hate to see people like that get their way. They most likely wouldn't in court if they tried that route.

Having said that, yes, comply and move on might be the easiest and wisest move.

JH
John Honovich
Sep 06, 2015
IPVM

Clearly the consensus is to beat up on the bad customer but Undisclosed 1 should take some responsibility for specifying the cameras they did. Those cameras do not make much sense in this application, especially since the same vendor's line has much more powerful IR cameras for maybe $30 or $50 more than what was specified.

I don't know this customer and maybe the customer is just crazy, but if there is a reasonable case that one's own error contributed to the conflict, I would strongly considering trying to solve it first.

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Alan Dodds
Sep 06, 2015

I agree with you John. But what should he do when the customer is not willing to try new/different cameras or equipment (as it appears to be the case)? Also, it was mentioned that even though the specs on the installed cameras are not the best or ideal, they did fulfill the requested requirements for visibility at a certain distance. That's why it seems to me the client is not being honest and apparently has either decided he didn't need the system so now wants a full refund OR wants to use the foundation of work already performed to put in his own, lesser price equipment... Which still leads me to say he's not entitled to a FULL refund.

JH
John Honovich
Sep 06, 2015
IPVM

"But what should he do when the customer is not willing to try new/different cameras or equipment (as it appears to be the case)?"

I would say, "Mr/s. Customer, I want you to be satisfied. To that end, I am happy to swap out the existing cameras with more powerful ones at no cost to you. I am confident that this will resolve your concerns about the video being grainy and not seeing out far enough. Will you agree to let me do that?" If he refuses and still demands a full refund, fine but at least you have clearly shown your commitment to take care of things. Also, might help in any legal situation or responding to any social media criticisms later.

"they did fulfill the requested requirements for visibility at a certain distance."

Unless this is in writing in the contract up front clearly and specifically, hopefully with a sample image, this will be debatable (i.e., the customer says "I was expecting X and you only did not do it").

I do not know if he is trying to scam the integrator but making the genuine offer of upgrading the camera to another Hikvision camera that is only marginally more expensive would clearly put the integrator in an indisputably right position.

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U
Undisclosed #3
Sep 06, 2015
IPVMU Certified

Also, it was mentioned that even though the specs on the installed cameras are not the best or ideal, they did fulfill the requested requirements for visibility at a certain distance.

I think that's a valid point, provided the customer requirement was documented prior. Also, you mentioned that you reviewed the night-time footage, any chance you could share a frame o two? I think that would help make the case better for the customer being unreasonable.

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Meghan Uhl
Sep 06, 2015

I would give the customer a full refund AFTER they allow me in to remove the equipment. The fight is not going to end well for you, the homeowner has already made up their mind, and the cost damage to your reputation (homeowners WILL wag the tongue & take to social media) will be far higher than the cost to pull the equipment & give them back thier money.

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Chuck Janzer
Sep 06, 2015
IPVMU Certified

One point I will add. You have an angry customer. Don't push it. Say you are sorry the system didn't live up to their expectations and walk away. Ask them if they would like the cable. You spent the time and money installing it, and they may be able to use it. It will take you time to remove it, and it is useless to you. Don't disable it in any fashion. If he wants you to remove the cable, do so as neatly as possible. Ask if you need to patch and paint, and do so if he requests.

This was a bad situation and you don't need to antagonize it any further. If you do these things and explain it to the BBB, they will write that in their report. Any angry customer will tell 100 people about their bad experience. Seldom do they tell 100 people about the great experience.

No matter what your contract says, if you can't please the customer, back away. As others have said, if you can't please him fully, every time he calls, you'll think - "not again." Have you fired a customer? - we have.

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Robert Shih
Oct 22, 2016
Independent

I disagree on the point that his work and materials should be valued. That cable is his, useless or not. The work to put it in is his, wasted or not. If the customer is choosing to be difficult, he should not have the privilege to keep unpaid for labor and materials. This is how assholes like Donald Trump get away with not paying honest hard work from people like us. Refund only comes when you get the opportunity to take back your work and materials or you get to invalidate your wiring job. Next time, ensure that you have a contract before you even begin work detailing the clear "refund" process that is non-negotiable.

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UI
Undisclosed Integrator #1
Sep 06, 2015
I know, pretty bad. I'm just angry about the whole thing. I honestly feel like I went over and above to help this customer out and now this.
UI
Undisclosed Integrator #7
Sep 06, 2015

I once had a customer who complained about the IR not being true night vision. It was my fault for not managing expectation. Put in white security lights and forget about IR. If he is not interested do nothing. Sounds fishy.

WE
William Erskine
Sep 06, 2015

Just today I had a customer complain about Hikvision install on the night vision, these have 30m night and I think it's great, but customer was expecting more. I ask them if they ever saw the night vision goggles on TV that the military uses and what does that look like? They admitted admitted that it was very grainy and green. I told them that these night vision goggles were several thousand dollars and that's what they got, so what are they expect on a couple hundred dollar camera. I told him I could put in illuminators or motion lights to greatly improve things but nothing was going to be excellent at night. They accepted this and droped the subject.

This customer was reasonable but some customers are just best walked away from.

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UI
Undisclosed Integrator #1
Sep 08, 2015

I followed your advice and contacted Kirschenbaum & Kirschenbaum. He told me "NOT to refund the money and to sit tight".

I will be using Kirschenbaum & Kirschenbaum contracts in the future, seems the logical/safest thing to do.

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John Bazyk
Sep 08, 2015
Command Corporation • IPVMU Certified

His contracts are rock solid, they've saved us more times than I can count. In the future going forward, I would recommend using some kind of electronic signing service as well. This helps to ensure documents are intact and legal. It also helps you get contracts back faster.

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UI
Undisclosed Integrator #1
Sep 08, 2015

Great advice, thanks!

KL
Keefe Lovgren
Sep 08, 2015
IPVMU Certified

He told me "NOT to refund the money and to sit tight".

This just got really interesting, make sure to keep us updated. Good move on calling Kirschenbaum they are very helpful.

JH
John Honovich
Sep 08, 2015
IPVM

In terms of entertainment for others, this is good. However, in terms of time, energy, cost (both direct time involved and legal expenses), is this really a good approach?

So let's say you get to keep the money, but you still need to pay the lawyer and you are going to have to fight with the customer for weeks. Is this really productive?

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KL
Keefe Lovgren
Sep 08, 2015
IPVMU Certified

What will most likely happen is that the equipment will get removed and a refund given, that will obviously be a loss. Hiring a lawyer of course will cost money but information will be provided in how to avoid situations like this in the future and will most likely save money.

UI
Undisclosed Integrator #1
Sep 08, 2015

I would rather have a satisfied customer! What are my options if the customer is refusing to sign a release of liability? The customer is already bringing up that I've had access to the home and laptop (first the home to install the cameras, secondly the laptop to install the vms). Would you really come in to the home, remove the items and pay the customer in full without getting a release signed?

And not only that, but I've offered a date to remove said items and now the customer is wanting to change that! WHY?? Really, what more do you want??

MI
Matt Ion
Sep 08, 2015

As it sits, he has the gear (fully functional, even if he's not happy with it) and you have his money. I'd say it's pretty straightforward: if he wants his money back, you get the gear back AND a release signed, on a date that's convenient FOR YOU. He doesn't like that, he doesn't get his money. Ultimately, HE'S the one who wants something here, which means you're the one with the power.

He can complain to the BBB, but one complaint won't kill you. He can whinge all over social media and review sites, but honestly, he sounds like that type who will destroy his own credibility in the first two sentences. Probably the worst he can do is sue you, which probably (hopefully) ends up going your way, and costs you only your time; it will cost him a lot more to file, and hopefully you live in a jurisdiction that will let you recover court costs.

JH
John Honovich
Sep 08, 2015
IPVM

"but I've offered a date to remove said items and now the customer is wanting to change that! WHY??"

Is there more information about this element? Because to me having someone change or suggest a different date to come to one's home is not unreasonable. He might be working, or on vacation, or have family visiting, any number of things that could cause a reasonable person to request a different day.

(1)
UI
Undisclosed Integrator #1
Sep 08, 2015

John, here is the content of the email:

"I will not sign any paperwork you generate, as you have had access to my home and my computer. BBB does not retract complaints, but it will show when it’s resolved.
The house can only be available for you to remove the equipment on a Friday or Saturday."

Also the person does not work.

MI
Matt Ion
Sep 08, 2015

"I will not sign any paperwork you generate, as you have had access to my home and my computer."

No doubt, he thinks you're trying to get him to sign away any liability you may have in having accessed those things... like if you installed a backdoor on his computer, you might be trying to slip in some wording that absolves you from hacking into his computer. Or whatever other bizarre ideas he might come up with...

Avatar
Mark Jones
Sep 09, 2015

As part of the Uniform Commercial Code, you can mark the check, back or front, PIFC "Payment in Full Check". If he cashes it, and I assure you he will if he wants his money, that is the end of any future claims he has against you. His only option is to not cash the check and return it. It is the law in all 50 states. Feel free to google it if you like, but I have no reason to mislead you. It is a way to pay your debts and settle a dispute if used in good faith, and it sounds like you are negotiating in good faith. Marking that check that way waives any future claims he may want to create in his head with our without a tinfoil hat.

U
Undisclosed #3
Sep 09, 2015
IPVMU Certified

It is the law in all 50 states.

There seem to be several states where restrictive endorsements are specifically prohibited. Florida, Texas and Virgina for example. Here's Virginia's statute for instance:

(a) An endorsement limiting payment to a particular person or otherwise prohibiting further transfer or negotiation of the instrument is not effective to prevent further transfer or negotiation of the instrument.

(b) An endorsement stating a condition to the right of the endorsee to receive payment does not affect the right of the endorsee to enforce the instrument. A person paying the instrument or taking it for value or collection may disregard the condition, and the rights and liabilities of that person are not affected by whether the condition has been fulfilled.

Other states like Oregon and California are conflicted.

Also, whether one strikes out the language or writes "cashed in protest" can have bearing.

Questions for Kirsch...

Avatar
Mark Jones
Sep 09, 2015

I would have to spend more time reading and digesting the Virginia statute, time and effort I likely will not spend, respectfully, since I don't have a dog in the fight. The others you mention speak specifically to attempts to make payment that is less than what was legally contracted for. Trying to pay less than you owe because you have second thoughts is not a good faith effort.

U
Undisclosed #3
Sep 08, 2015
IPVMU Certified

Lesson learned:

You don't need to be Avigilon to lawyer-up.

(1)
(2)
CW
Cameron Watts
Sep 13, 2015

This is a big reason we avoid residential jobs.. The client might say "I want to be able to see well at night" but your idea of "see well at night" might be completely different to theirs

Residential clients have high expectations but want it for little coin and do not always understand what they are getting is actually really good.

If I do residential and I'm worried about this happening I will often install (as a temp install) one o the cameras and set it up on their PC - and say "look at this day and night" and tell me what you think - if you accept it, that is what you are getting (often good to get them to sign such in order acceptance). Its a costly exercise but it does

a) guarantee the client knows what they are getting

b) gives you a let to stand on

c) actually often makes you get the job over someone else who just fires them a quote - even if you are more expensive

UI
Undisclosed Integrator #8
Sep 13, 2015

Just curious, how much did he pay for this system; what was the cost of the hardware and labor at full retail cost (Cost to customer in full)?

UI
Undisclosed Integrator #1
Sep 14, 2015

Not much really. Total was $2230.85 and hardware was pretty much at cost.

Avatar
Justin Gant
Oct 22, 2016
7PiXL

What was the outcome of this?

UI
Undisclosed Integrator #9
Oct 22, 2016

Give the customer his $200 back.

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