I purchased a Primo Large Grill and Primo Cypress Countertop Table on May 20th last year from David Brown, the owner of Gas Logs Express & BBQ Grills. 8 months later the table broke. Mr. Brown has refused to issue a full refund, has suggested the table has no warranty, and said he will get his attorneys involved – over a $900 table. He also said on Feb. 11th, that after speaking with Primo and his attorneys, he would get back to me by Feb. 20th. I have heard nothing from Mr. Brown since Feb. 11th.Feb. 3, 2024I notified Primo of the serious problem with their Table. As seen in my photos, after only 8 months, it seems to have broken in half as it is apparently unable to hold the weight of the Primo Grill – close to 200 lbs. by the way.Feb. 8, 2024Primo (they are actually called Empire Comfort Systems) replied saying, “you will need to go through who you purchased the grill from for refunds”. I sent Primo’s email to David Brown.Within minutes I received a call from Mr. Brown. He excoriated me, completely unhinged, and yelling that I forgot to tell Primo that this was the 2nd table his staff had delivered. I’m not sure why it makes a difference, but this is actually the 2nd table they delivered because the first proved defective within a couple of weeks.A few hours later I received this email from Mr. Brown. “I will issue the refund. Let me know when I can come pick up the cart after you have removed the grill from the cart. I will schedule the pick up asap and bring you the refund check when we pick up the cart.” I replied and then received this email from Mr. Brown. “Kim and Gabe will pick up on Friday 2/16/2024 between 11am & 12pm”.Feb. 10, 2024I received this email from Mr. Brown. “Also there is a $140 plus tax service charge for picking up the damaged cart (will be deducted from the refund on the cart) or you can drop the damaged cart off at our showroom. Just let us know either way.”I informed Dave Brown that I would not be paying any pick-up fee as this is the 2nd defective table they have delivered. Note that both the grill and table were delivered to my home as part of our purchase. I told him I expected him to pick up the table and issue a prompt refund. He replied, “When you decide let us know, those are the choices.”A 1/2 hour later he also sent me this email. “After reading your previous response, we have decided to get our lawyer involved.” I replied that is not how a reputable business operates and insisted that he pick up the table and issue a full refund.Feb. 11, 2024Mr. Brown sent me this email.“Our decision to issue a refund on the damaged cart is now on temporary hold. We need to do some more research on the warranty on the cart.We also need to speak to our lawyer, reps for Primo/Empire and also their legal counsel. We will be meeting the reps and counsel from Primo/Empire next Wednesday (2/14/2024) or Thursday (2/15/2024).We will be talking to our lawyer this week sometime I hope. We hope to have a response by Tuesday 2/20/2024.”Mr. Wood then followed up with another email later in the day trying to justify his actions and suggesting that the 8-month-old table may not have a warranty!Mr. Wood now wants to get lawyers involved. This is all over a $900 table that has been in my backyard only 8 months. Mr. Brown might want to read up on the legal standard of “Implied Warranty of Merchantability.”March 3, 2024Mr. Wood, let me make my point clear. You have delivered two defective tables to me. The tables are sold by Primo, the maker of the same grill I also purchased from you, with the expressed purpose of supporting their grill. The table broke in a mere 7 1/2 months. The table is defective, and as this is the 2nd defective table you have delivered, I do not want another. I want a full and complete refund. By the way, the “Implied Warranty of Merchantability”, which does apply to you since you are a retailer of these goods, suggests that a product should perform properly for at least 4 years.
