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New gate closes the book on fence issue

By Suzanne Palmer
Published March 18, 2007

Q: On Sept. 9, 2006, we contracted with USA Fence to supply and install 330 feet of ornamental fencing and a 14-foot gate with an operator arm. We were told it would take two weeks for delivery and installation would begin shortly thereafter.

More than a month later, when the installation finally began, there were immediate problems. The gate didn't have the operator arm, and the gate posts had large areas of quite obvious discoloration. We called the local office and were told that a quality control representative would visit and take care of any problems. When a couple of days passed with no word from the company, we called again and were told the representative had been out and everything was taken care of. When we pointed out that the gate still didn't have an arm and the posts were still discolored, the salesman said the contract didn't call for an operator arm. It clearly states "operator rail." The man called my husband a liar!

We spoke to the office manager, and he said the discoloration would be taken care of and someone would bring a piece of "angle" to attach to the gate.

We weren't happy with this idea of retrofitting a gate for a $10,000 fencing job, and we were even more displeased when they left a shiny silver "angle" to be attached to our black, powder-coated gate.

We escalated our concerns to corporate management. The very next day the local manager called and offered us $500 to accept the gate "as is." We declined, and he finally admitted they had originally ordered the wrong gate. He said a new one with an operator rail as original equipment would be ordered.

After two months with no communication, we called the corporate office again. The next day, the local manager called to say the gate had been damaged in shipping and they had to reorder. He then offered us $1,500 to accept the gate we have. When my husband declined, the conversation turned nasty.

On top of this, USA Fence began charging the credit card we used for the deposit for the remaining balance, despite our explicit instruction not to do so. Now it has placed a lien on our home for a job that's never been completed!

Deanna Shumaker

A: All for the want of a rail.

The operator rail is clearly included on your contract, as you said, but there is nothing explicit about its installation. I wonder if this is the point that ignited the argument between your husband and the salesman.

USA Fence vice president Jerry Wood said your husband planned to install a used electric gate operator. Under those circumstances, it is standard procedure not to install the rail, because in order to get proper operation, the placement of the rail is dictated by the type of electric gate operator and the type and size of the gate itself. It's unclear whether this was ever explained to you. It is clear the rail wasn't delivered until you complained about its absence.

The quality control representative took the rail out to you and, with paint supplied by the manufacturer, painted it to match your gate, Wood said.

You were not satisfied, so a new gate was ordered. When the first gate arrived damaged, another was ordered, but Wood said delivery was delayed due to the holidays.

"The new gate was installed," Wood said, "with the operator rail installed as requested." When Wood's workers left, he said, you expressed your satisfaction.

Once you have paid in full, make sure you are sent a release of lien.

Action solves problems and gets answers for you. If you have a question, or your own attempts to resolve a consumer complaint have failed, write Times Action, P.O. Box 1121, St. Petersburg, FL 33731, or call your Action number, (727) 893-8171, or, outside of Pinellas, toll-free 1-800-333-7505, ext. 8171, to leave a recorded request. Requests will be accepted only by mail or voice mail; calls cannot be returned.

[Last modified March 17, 2007, 16:41:04]