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Keith Greenhill
July 26, 2010
company advised me buy -- and sold me -- inappropriate material for driveway
6/29 called Davis Sand & Gravel (aka Bama Concrete) to get pricing for delivery of gravel for my gravel driveway (~1/10 mile). I did not know what type of gravel I needed. DS&G staff -- without asking me any questions about my current gravel appearance or existence of hills on my driveway -- advised me to get pea gravel; I followed their advice. DS&G also said that their driver could spread the gravel relatively evenly on my driveway, requiring a little follow-up spreading by me. On 7/1 the gravel was delivered. About half of it was left in two large mounds, and the remainder was spread "evenly", but about 6 - 8 inches deep. The mounds of gravel would have taken me days to spread out, and the "even" gravel was so unsteady you couldn't walk on it... much less drive on it. Therefore, I had to hire someone to professionally spread the gravel. (I hired the person DS&G recommended.) After the gravel had been spread "correctly", it was still obvious that this gravel was totally inappropriate for my driveway. The gravel shifts around so much, that automobile tires lose traction and spin very easily. It is difficult for an automobile to climb the hills on my driveway, and it is difficult to maintain an appropriate line of travel in the curves. It is even difficult to walk up the hills of my driveway. Due to DS&G's error, my driveway has become hazardous to drive on. I have spoken with the salesperson, Ken Hartley, who advised me on what type of gravel to purchase. (Ken apologized to me for advising me incorrectly, but said I would have to talk to his supervisor.) I have also spoken to Ken's immediate supervisor, Jeff Hamner. Jeff claims that he has discussed the situation with Tyler Davis, who is apparently one of the owners. The company position in this matter is to treat me as though I ordered a specific type of gravel, and then changed my mind about the type of gravel once they delivered it. Their position is that they bear no responsibility for what type of gravel they deliver because they are not an engineering firm nor a contractor -- which ignores the fact that they did advise me what to buy, which their salesman admitted in his apology. They claim that the mistake was mine -- in ordering pea gravel -- completely ignoring the fact that their staff advised me to purchase pea gravel. And apparently they are unwilling to consider that this case is different than their preconception. They have also not addressed in any way my complaint that the gravel was not spread in the manner that they claimed it would be. I have submitted a Declaration of Facts, and have requested that they bear the expense of rectifying this situation, but they decline to do so. The only documents are the sales slip for the delivered gravel, the sales slip for the paid "spreading" of the gravel, and the Declaration of Facts I submitted. All conversations with the company were within the time period of 6/29 – 7/8/10.
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