CLEARVIEW LANDSCAPING

"As responded to this client directly via letter dated February 7, 2017: I am in receipt of correspondence detailed above relative to your seasonal snowplowing contract with Clearview Landscaping executed on October 31, 2016. Please accept this letter as response on behalf of the company relative to your stated concerns, duplicated within your complaint filings both with the Better Business Bureau of Greater Cleveland and the South Euclid Municipal Court Small Claims Division. Your complaint alleges breach of contract on two specific dates, December 10, 2016 and December 12, 2016 with regard to the time of day when you received plowing services. You are correct; our standard contracts do indicate a provision for twice daily plow service, once before 6 a.m. and once before 6 p.m., with 2 or more inches of freshly fallen snow. As you are aware, during the time frame specified in your complaints, sudden, heavy lake effect snow crippled eastern Cuyahoga County dropping nearly 2 feet of snow in an extremely short time period. As such, all travel and plow services throughout the region were impacted with serious delays due to the extreme quantity of constant accumulating snowfall. As you specifically indicate in your Better Business Bureau filing, you did in fact receive plow service - it simply was not possible to achieve the service times outlined in the contract during such extraordinary snowfall circumstances. In fact, on December 12, 2016, your driveway had already been plowed once in the very early morning hours prior to 6 a.m., and additional snow had accumulated since. In accordance with your wishes, plow service was discontinued at your request in December. You did, however, receive plow service 5 times during the season prior to your discontinuation of service. At a standard per-push rate of $25.00, you did receive service totaling $125.00 + tax for a total service price of $135.00. As such, the maximum refund you should be entitled to receive for service discontinuation would be $54.00. However, as a good faith gesture, I am willing to refund to you the entire $189.00 you originally paid for services upon execution of your seasonal contract. Enclosed you will find a check made payable to you in the amount of $189.00. I trust that your receipt of these funds as requested will be sufficient for you to withdraw your small claim complaint in the South Euclid Municipal Court. As such, the Court is copied accordingly on this correspondence. In conclusion, Clearview Landscaping stands behind the snowplowing services rendered at your property in accordance with your executed contract, and we regret that you were unsatisfied with the timing of those services you received during a period of extraordinary weather circumstances in the Greater Cleveland region. *The $189.00 refund check was cashed by the client on February 10, 2017."