Mechanic's Responds to:

Ms. Carolyn Myles – Johnson
1920 Ivy Glen Drive
Smyrna, GA 30082

This complaint filed online with the Better Business Bureau of Metropolitan Atlanta opened on September 26, 2006 shows this customer as “Carolyn Myles - Johnson”. We know this customer as “Ms. Johnson”, “Mrs. Johnson”, “Mrs. Myles – Johnson” or “Ms. Myles - Johnson” and will refer to her herein as the same.

After a complete, careful, and thorough investigation into the merits of this complaint, we have determined that this customer’s complaint is frivolous and without merit.

The customer has failed to aid us completely with our investigation into her complaints. Ms. Carolyn Myles - Johnson has failed to respond to our inquiries outlined in our letter dated October 2, 2006. (Please see letter dated October 2, 2006 to Ms. Carolyn Myles - Johnson from Mechanic’s Heating & Air Conditioning, LLC) Ms. Carolyn Myles - Johnson has failed to respond to our inquiries outlined in our letter dated October 9, 2006. (Please see letter dated October 9, 2006 to Ms. Carolyn Myles - Johnson from Mechanic’s Heating & Air Conditioning, LLC) We regret Ms. Carolyn Myles - Johnson’s decision not to cooperate in this regard. We have had to conclude our findings based on the information as it is reflected in our file.

Due to the allegations made by this customer, a full and complete response is required. We categorically deny the allegations as alleged by this customer.

TIMELINE OF EVENTS

1. Our file indicates on August 18, 2006, our technician, Carl Ray, arrived at this customer’s home, at the request of this customer, to perform a service call on an old furnace that was not working. (Please see attached copy of our invoice number 85829.) (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006) (Please see attached letter dated October 6, 2006 to Mechanic’s Heating & Air Conditioning, LLC from Ms. Carolyn Myles - Johnson)

2. The events of this job was memorialized by our technician on invoice number 85829 on September 18, 2006. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006) (Please see attached copy of our invoice number 85829.)

3. Our technician came out to Mr. & Mrs. Ronald & Carolyn Johnson’s residence at their request for service. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006) (Please see attached copy of our invoice number 85829.)

4. Upon arrival our technician had a consultation with Mr. Ronald Johnson. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

5. Our technician had Mr. Ronald Johnson sign line number 1 of our invoice number 85829 to obtain his acceptance of our terms of service, and to have him authorize our technician to check his unit. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006) (Please see attached copy of our invoice number 85829.)

6. Mr. Ronald Johnson accompanied our technician to his furnace in his basement area. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

7. Our technician performed a diagnostic check of the unit. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

8. In our technician’s opinion, the furnace is probably 18 years old. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

9. Our technician found that the furnace’s “IDFM” (In Door Fan Motor), AKA evaporator motor, “faulty” and in need of replacement. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006) (Please see attached copy of our invoice number 85829.)

10. This information was noted by our technician on our invoice number 85829. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006) (Please see attached copy of our invoice number 85829.)

11. Our technician told Mr. Ronald Johnson that a new motor would cost $545.00. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006) (Please see attached copy of our invoice number 85829.)

12. Our technician told Mr. Ronald Johnson that, based on the age of the furnace, his “best recommendation” was to replace the furnace for $1,550.00. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006) (Please see attached copy of our invoice number 85829.)

13. Mr. Ronald Johnson said this would have to be explained to his wife, Mrs. Carolyn Johnson, to decide what course of action they were going to take. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

14. After a consultation with Mr. & Mrs. Ronald & Carolyn Johnson, they decided to have the IDFM replaced despite the fact this was contrary to our technician’s “best recommendation” of replacing the furnace. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006) (Please see attached copy of our invoice number 85829.)

15. To ensure that Mr. & Mrs. Ronald & Carolyn Johnson understood our technician’s position, our technician had Mrs. Carolyn Johnson sign our invoice number 85829 under letter “A” which states: “Customer agrees to hold this Company harmless for the failure of the above outlined work. This Company does not believe that the customer is best served by performing the above work on the system; rather replacement is our strong recommendation.” (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006) (Please see attached copy of our invoice number 85829.)

16. Mr. & Mrs. Ronald & Carolyn Johnson authorized our technician to replace the IDFM for the price of $545.00. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006) (Please see attached copy of our invoice number 85829.)

17. Mrs. Carolyn Johnson signed line number 2 of our invoice number 85829 agreeing to our additional terms of service. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006) (Please see attached copy of our invoice number 85829.)

18. As reflected on our invoice number 85829, Mrs. Johnson wrote our technician a check for $275.00 which constituted a non-refundable deposit (approximately 1/2 of the $545.00 IDFM replacement service fee) for our IDFM replacement service. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006) (Please see attached copy of our invoice number 85829.)

19. Our technician told Mrs. Carolyn Johnson that he would have to secure the deposit by cashing it before he could pick up the IDFM. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

20. Mrs. Carolyn Johnson told our technician that he could cash this check at the Delta Federal Credit Union located at the East – West Connector. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

21. It was our technician’s expectation to return the next day to complete the IDFM replacement service. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

22. Our technician wrote his cell phone number on his invoice for the convenience of Mr. & Mrs. Ronald & Carolyn Johnson, in the event they needed to contact him. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006) (Please see attached copy of our invoice number 85829.)

23. Our technician left Mr. & Mrs. Ronald & Carolyn Johnson the top copy of our invoice number 85829 for their records. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006) (Please see attached copy of our invoice number 85829.)

24. Our technician traveled to the Delta Federal Credit Union located at the East – West Connector as Mrs. Johnson instructed. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

25. This branch would not cash the check because our technician “was not a member”. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

26. This branch instructed our technician to go to the downtown branch to cash the check. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

27. Our technician was able to cash the deposit check at the downtown branch on September 19, 2006. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

28. On September 19, 2006, our technician received a call on his cell phone from Mrs. Carolyn Johnson. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

29. Mrs. Carolyn Johnson informed our technician she was having “second thoughts” about replacing the IDFM verses replacing the furnace. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

30. Mrs. Carolyn Johnson informed our technician that since it was “going to be cool” for the next few days, she was going to take time to do her “homework” in deciding what she was going to do. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

31. Our technician told Mrs. Carolyn Johnson that he would be happy to help her with her decision in anyway he could. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

32. Our technician told Mrs. Carolyn Johnson that we might be able to apply her deposit toward her purchase of a new furnace with our company. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

33. Our technician told Mrs. Carolyn Johnson that he was in the process of obtaining her IDFM and that he was either going to order it or pick it up. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

34. Mrs. Carolyn Johnson told our technician to continue on with the acquisition of the IDFM just in case she was not able to come up with the funds for a new furnace. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

35. Over the next two days, our technician had conversations with Mrs. Carolyn Johnson, at length, to help her with her decision. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

36. Our technician showed Mrs. Carolyn Johnson where and how to access Nordyne’s web site (http://www.nordyne.com/) for information on our furnace products. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

37. On Thursday, September 21, 2006, our technician received another phone call from Mrs. Carolyn Johnson indicating she wanted to cancel our contract and that she wanted a refund. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

38. Our technician explained to Mrs. Carolyn Johnson that he would have a manager call her back from the office next week to discuss her refund demand. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

39. Since September 21, 2006, our technician has received several phone calls from Mrs. Carolyn Johnson threatening to have him arrested for theft and threatening to file complaints on our firm with the BBB and Channel 5. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

40. Our technician spent approximately a total of 2.0 hours working with Mr. & Mrs. Ronald & Carolyn Johnson. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

41. Later on Thursday, September 21, 2006 our office manager placed a call to Mrs. Carolyn Johnson. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

42. A voice message was left indicating that there would not be any refund issued. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

43. At 8:48 A.M. on September 26, 2006, our office manager placed a return call to Mrs. Carolyn Johnson. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

44. Mrs. Carolyn Johnson explained she wanted a refund since, according to her, “no service was provided”. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

45. Mrs. Carolyn Johnson stated she canceled the contract on September 21, 2006.

46. We offered to return immediately to install her a new motor.

47. Mrs. Carolyn Johnson refused.

48. After some pressing, Mrs. Carolyn Johnson admitted she had simply “changed her mind” and “bought a unit from another company”.

49. On September 27, 2006 our office returned a call from Mr. Johnson.

50. Mrs. Carolyn Johnson answered the phone.

51. Mrs. Carolyn Johnson said the “BBB had received her complaint” and that she “would proceed” to attempt to obtain a refund.

52. We received in a complaint filed by Ms. Carolyn Myles - Johnson with the Better Business Bureau of Metropolitan Atlanta opened September 26, 2006. (Please see attached copy of the complaint filed by Ms. Carolyn Myles - Johnson with the Better Business Bureau of Metropolitan Atlanta opened September 26, 2006.)

53. We sent a letter dated October 2, 2006 to the Better Business Bureau of Metropolitan Atlanta from Mechanic’s Heating & Air Conditioning, LLC in response to the complaint filed by Ms. Carolyn Myles - Johnson with the Better Business Bureau of Metropolitan Atlanta opened by the Better Business Bureau of Metropolitan Atlanta on September 26, 2006.

54. We sent a second letter dated October 2, 2006 to Ms. Carolyn Myles - Johnson from Mechanic’s Heating & Air Conditioning, LLC.

55. We received a letter dated October 6, 2006 to Mechanic’s Heating & Air Conditioning, LLC from Ms. Carolyn Myles - Johnson. (Please see attached letter dated October 6, 2006 to Mechanic’s Heating & Air Conditioning, LLC from Ms. Carolyn Myles - Johnson)

56. We sent a letter dated October 9, 2006 to Ms. Carolyn Myles - Johnson from Mechanic’s Heating & Air Conditioning, LLC requesting this customer’s assistance with our investigation process.

57. We closed our investigation into this matter as of today’s date.

STATEMENT OF FACTS

1. This customer has a valid contract with our firm as evidenced by invoice number 85829. (Please see a copy of invoice number 85829)

2. This contract governs the terms of our work and repairs performed for this customer. (Please see a copy of invoice number 85829)

3. Please note on invoice number 85829, line number 1 states the following: (Please see attached copy of our invoice number 85829.)

I have authority to order the work outlined above. I have been informed of the additional charges for the work listed on this invoice. I agree to pay these additional charges upon receipt of this invoice. These additional charges do not cover unforeseen parts and labor, which may be needed after the work begins. We are not always 100% positive that the work outlined above will remedy the problem or that this is the only problem with your system. Customer understands and agrees that if the work outlined above does not completely cure the problem, no refunds are allowed and additional costs will apply. Due to the nature of this type of work, unintended damage may occur. I understand and agree that this Company shall not be liable for incidental or consequential damages resulting from the performance of the work. Incidental and consequential damages include but are not limited to such things as: damage to ceilings, carpet, rugs, driveways, landscape, ladders, walls and furnishings. I agree to indemnify this Company from third party claims. Any permits or existing code violations will be at an additional expense to the customer. Customer understands the price listed here is a “flat rate” price for the work outlined above. This “flat rate” price includes the part cost (if any), plus labor and mark-up. Customer agrees that all sales are final and no refunds are allowed. Customer agrees that any and all disputes, disagreements and/or claims between the parties will be resolved through binding arbitration through Henning Mediation & Arbitration Service, Inc., or comparable service should Henning not be able to hear the matter, in accordance with their Rules and Procedures, as the same may be amended from time to time. This is the entire agreement. The parties are not bound by any oral expression, promise, commitment or representation that is not set forth on this invoice.

This section clearly states that the customer has the “authority to order the work outlined above”.

This section goes on to clearly state that the customer has “been informed of the additional charges for the work listed on this invoice.” And that (The customer) agrees “to pay these additional charges”. This line has the quote of $545.00 clearly identified on the invoice and listed with this customer’s signature.

This section clearly states that the customer agrees “These additional charges do not cover unforeseen parts and labor, which may be needed after the work begins”.

This section clearly states that the customer was informed of, and agreed to the terms of “We are not always 100% positive that the work outlined above will remedy the problem or that this is the only problem with your system.” This customer agreed to this term at the inception of our IDFM replacement service.

This section clearly states that the customer was informed of, and agreed to the terms of “Customer understands and agrees that if the work outlined above does not completely cure the problem, no refunds are allowed and additional costs will apply.” This customer agreed to this term at the inception of our IDFM replacement service.

This section clearly states that the customer was informed of, and agreed to the terms of “Due to the nature of this type of work, unintended damage may occur.”

This section clearly states that the customer was informed of, and agreed to the terms of “I understand and agree that this Company shall not be liable for incidental or consequential damages resulting from the performance of the work.” It is important to point out that our firm does not offer any warranty on “incidental or consequential damages resulting from the performance of the work”.

This section clearly states that the customer was informed of, and agreed to the terms of “Incidental and consequential damages include but are not limited to such things as: damage to ceilings, carpet, rugs, driveways, landscape, ladders, walls and furnishings”.

This section clearly states that the customer was informed of, and agreed to the terms of “I agree to indemnify this Company from third party claims”.

This section clearly states that the customer was informed of, and agreed to the terms of “Any permits or existing code violations will be at an additional expense to the customer”.

This section clearly states that the customer was informed of, and agreed to the terms of “Customer understands the price listed here is a “flat rate” price for the work outlined above”.

This section clearly states that the customer was informed of, and agreed to the terms of “This “flat rate” price includes the part cost (if any), plus labor and mark-up”.

This section clearly states that the customer was informed of, and agreed to the terms of “Customer agrees that all sales are final and no refunds are allowed”. This customer agreed to this term at the inception of our IDFM replacement service.

This section clearly states that the customer was informed of, and agreed to the terms of “Customer agrees that any and all disputes, disagreements and/or claims between the parties will be resolved through binding arbitration through Henning Mediation & Arbitration Service, Inc., or comparable service should Henning not be able to hear the matter, in accordance with their Rules and Procedures, as the same may be amended from time to time.”

Any disputes this customer has, may be, and should be arbitrated through Henning Mediation & Arbitration Service, Inc., as agreed in writing between both parties.

Henning Mediation & Arbitration Service, Inc. may be reached at the following address and phone number:

Henning Mediation & Arbitration Service, Inc.

3350 Riverwood Pkwy SE # 75, Atlanta, GA

(770) 955-2252

This section clearly states that the customer was informed of, and agreed to the terms of “This is the entire agreement”. This customer agreed to this term at the inception of our IDFM replacement service.

This section clearly states that the customer was informed of, and agreed to the terms of “The parties are not bound by any oral expression, promise, commitment or representation that is not set forth on this invoice.” Please note there is no statement or promise on this invoice indicating this customer’s assertions as asserted by this customer.

This customer clearly signed in agreement for all of the above terms, conditions and agreements with this customer’s “APPROVAL SIGNATURE” as clearly identified on line number 1 of this invoice.

4. Please note on invoice number 85829, line number 2 states the following: (Please see attached copy of our invoice number 85829.)

LIMITED WARRANTY: By signing below, you agree: All materials, parts and equipment are warranted by the manufacturers’ or suppliers’ written warranty only. All labor performed by this Company is warranted for 30 days or as otherwise indicated in writing. No refunds are allowed. All Sales Final. There is no warranty on drain line leaks, refrigerant leaks, refrigerant services, refrigerant leak checks, drain cleaning services, water leaks, gas leaks, fan limit settings, pilot lighting services, service call recommendations, inspection recommendations, or replacement recommendations. You agree that we may telephone you, even if your number is found on a do not call registry or list. If refrigerant was added to system and refrigerant leaks out, we will have to return at an additional cost to find and repair leaks. Warranties provide coverage only to the customer listed on the agreement and are not transferable. Warranty work is performed: M - F 8AM to 4PM, excluding holidays. Warranty work is based on the availability of work crews. This Company shall not be liable for any damage caused by any delay in performing warranty work. All warranty work shall be performed by this Company’s personnel only. Warranty is void if another entity or person or company works on system or warranted items during warranty period. Return Check Fee $35.00. The work outlined above has been satisfactorily completed.

This section clearly states that the customer was informed of, and agreed to the terms of “By signing below, you agree: All materials, parts and equipment are warranted by the manufacturers’ or suppliers’ written warranty only”.

This section clearly states that the customer was informed of, and agreed to the terms of “All labor performed by this Company is warranted for 30 days or as otherwise indicated in writing”.

This section clearly states that the customer was informed of, and agreed to the terms of “No refunds are allowed”. This customer agreed to this term at the inception of our IDFM replacement service.

This section clearly states that the customer was informed of, and agreed to the terms of “All Sales Final”. This customer agreed to this term at the inception of our IDFM replacement service.

This section clearly states that the customer was informed of, and agreed to the terms of “There is no warranty on drain line leaks, refrigerant leaks, refrigerant services, refrigerant leak checks, drain cleaning services, water leaks, gas leaks, fan limit settings, pilot lighting services, service call recommendations, inspection recommendations, or replacement recommendations”.

This section clearly states that the customer was informed of, and agreed to the terms of “You agree that we may telephone you, even if your number is found on a do not call registry or list”.

This section clearly states that the customer was informed of, and agreed to the terms of “If refrigerant was added to system and refrigerant leaks out, we will have to return at an additional cost to find and repair leaks”.

This section clearly states that the customer was informed of, and agreed to the terms of “Warranties provide coverage only to the customer listed on the agreement and are not transferable”.

This section clearly states that the customer was informed of, and agreed to the terms of “Warranty work is performed: M - F 8AM to 4PM, excluding holidays”.

This section clearly states that the customer was informed of, and agreed to the terms of “Warranty work is based on the availability of work crews”.

This section clearly states that the customer was informed of, and agreed to the terms of “This Company shall not be liable for any damage caused by any delay in performing warranty work”.

This section clearly states that the customer was informed of, and agreed to the terms of “All warranty work shall be performed by this Company’s personnel only”.

This section clearly states that the customer was informed of, and agreed to the terms of “Warranty is void if another entity or person or company works on system or warranted items during warranty period”.

This section clearly states that the customer was informed of, and agreed to the terms of “Return Check Fee $35.00”.

This section clearly states that the customer was informed of, and agreed to the terms of “The work outlined above has been satisfactorily completed”.

Line #2 bears this customer’s “Approval Signature”. (Please see attached copy of our invoice number 85829.)

This section #2, which bears this customer’s signature, clearly states that the customer understands and agrees “ The work outlined above has been satisfactorily completed.”

5. Please note on invoice number 85829, line letter “A” states the following: (Please see attached copy of our invoice number 85829.)

Customer agrees to hold this Company harmless for the failure of the above outlined work. This Company does not believe that the customer is best served by performing the above work on the system; rather replacement is our strong recommendation.

Line letter “A” bears this customer’s “Signature”, clearly indicating that this customer understands and agrees to these terms. (Please see attached copy of our invoice number 85829.)

The facts of this case are the following:

1. It is important to remember this customer called us out to work on her old, broken unit. (Please see attached copy of our invoice number 85829.) (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006) (Please see a copy of the complaint filed by Ms. Carolyn Myles - Johnson with the Better Business Bureau of Metropolitan Atlanta opened by the Better Business Bureau of Metropolitan Atlanta on September 26, 2006.)

2. It is important to point out that our firm does not offer refunds as outlined on our contract as represented by invoice number 85829. (Please see attached copy of our invoice number 85829.)

3. It is important to point out that our firm does not allow for contract cancellations as outlined on our contract as represented by invoice number 85829. (Please see attached copy of our invoice number 85829.)

4. This customer was provided with a service call. (Please see attached copy of our invoice number 85829.) (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006) (Please see a copy of the complaint filed by Ms. Carolyn Myles - Johnson with the Better Business Bureau of Metropolitan Atlanta opened by the Better Business Bureau of Metropolitan Atlanta on September 26, 2006.)

5. Our diagnosis of this customer’s unit was the correct diagnosis. (Please see attached copy of our invoice number 85829.) (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006) (Please see attached letter dated October 6, 2006 to Mechanic’s Heating & Air Conditioning, LLC from Ms. Carolyn Myles - Johnson)

6. Ms. Myles - Johnson is responsible for her own decisions, including her decision to cancel our non-cancelable contract. (Please see a copy of the complaint filed by Ms. Carolyn Myles - Johnson with the Better Business Bureau of Metropolitan Atlanta opened by the Better Business Bureau of Metropolitan Atlanta on September 26, 2006.)

7. Mr. Johnson signed our invoice number 85829 indicating his acceptance of the following term of our repair service: “Customer understands and agrees that if the work outlined above does not completely cure the problem, no refunds are allowed and additional costs will apply.” (Please see attached copy of our invoice number 85829.)

8. Mr. Johnson signed our invoice number 85829 indicating his acceptance of the following term of our repair service: “Customer agrees that all sales are final and no refunds are allowed.” (Please see attached copy of our invoice number 85829.) (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

9. Ms. Myles - Johnson signed our invoice number 85829 indicating her acceptance of the following term of our repair service: “No refunds are allowed. All Sales Final.” (Please see attached copy of our invoice number 85829.) (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

10. Ms. Myles - Johnson signed our invoice number 85829 indicating her acceptance of the following term of our repair service: “Customer agrees to hold this Company harmless for the failure of the above outlined work. This Company does not believe that the customer is best served by performing the above work on the system; rather replacement is our strong recommendation.” (Please see attached copy of our invoice number 85829.) (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

11. Mr. Johnson signed our invoice number 85829 indicating his acceptance of the following term of our repair service: “The parties are not bound by any oral expression, promise, commitment or representation that is not set forth on this invoice.” (Please see attached copy of our invoice number 85829.) (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

12. We do not give refunds simply because a customer gets someone else to perform the repairs needed. (Please see attached copy of our invoice number 85829.)

13. We do not give refunds simply because a customer finds a better price. (Please see attached copy of our invoice number 85829.)

14. What is really going on here is that this customer signed a non-cancelable, non-refundable contract for a IDFM replacement service, against our best advise of replacing their old furnace, and now they want a refund because they chose to go another direction and had another company replace their furnace. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006) (Please see attached copy of our invoice number 85829.)

OPINIONS

1. This complaint is nothing more than an attempt by this customer to extort a refund from our company. (Please see File)

2. Their efforts will prove fruitless. (Please see attached copy of our invoice number 85829.)

3. As adults, we are responsible for our actions.

4. We should not expect a refund for services contracted for when we sign a non-cancelable, non-refundable contract for a IDFM replacement service. (Please see attached copy of our invoice number 85829.)

5. This customers allegations starts off a demanding a refund because the customer claimed “The contract says no refunds for service and labor performed…”. (Please see a copy of the complaint filed by Ms. Carolyn Myles - Johnson with the Better Business Bureau of Metropolitan Atlanta opened by the Better Business Bureau of Metropolitan Atlanta on September 26, 2006.) (Please see attached copy of our invoice number 85829.)

6. Once this was shown incorrect by our October 2, 2006 letter, this customer changed her story by saying Carl “offered my money back” to accept his offer to “upgrade to a Whirlpool”. (Please see her letter dated October 6, 2006) (Please see attached copy of our invoice number 85829.)

7. What in the world is Ms. Myles – Johnson talking about?

8. She did not “upgrade” anything with our firm. (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006) (Please see attached copy of our invoice number 85829.)

9. She is not making any sense. (Please see File)

10. Ms. Myles - Johnson’s allegations are ludicrous. (Please see a copy of the complaint filed by Ms. Carolyn Myles - Johnson with the Better Business Bureau of Metropolitan Atlanta opened by the Better Business Bureau of Metropolitan Atlanta on September 26, 2006.) (Please see attached original sworn “AFFIDAVIT OF CARL RAY” dated September 27, 2006)

11. Mr. & Mrs. Ronald & Carolyn Johnson signed line #1 of our invoice number 85829 which stated the following in part:

We are not always 100% positive that the work outlined above will remedy the problem or that this is the only problem with your system. Customer understands and agrees that if the work outlined above does not completely cure the problem, no refunds are allowed and additional costs will apply.

What part of this is confusing to Mr. & Mrs. Ronald & Carolyn Johnson?

12. What does “no refunds are allowed” mean to Mr. & Mrs. Ronald & Carolyn Johnson?

13. What does “additional costs will apply” mean to Mr. & Mrs. Ronald & Carolyn Johnson?

14. Mr. & Mrs. Ronald & Carolyn Johnson signed line #1 of our invoice number 85829 which stated the following in part:

Customer agrees that all sales are final and no refunds are allowed.

What part of this is confusing to Mr. & Mrs. Ronald & Carolyn Johnson?

15. What does “no refunds are allowed” mean to Mr. & Mrs. Ronald & Carolyn Johnson?

16. What does “all sales are final” mean to Mr. & Mrs. Ronald & Carolyn Johnson?

17. Mr. & Mrs. Ronald & Carolyn Johnson chose not to have our company replace their equipment.

18. Mr. & Mrs. Ronald & Carolyn Johnson signed line #2 of our invoice number 85829 which stated the following in part:

No refunds are allowed. All Sales Final.

What part of this is confusing to Mr. & Mrs. Ronald & Carolyn Johnson?

19. What does “no refunds are allowed” mean to Mr. & Mrs. Ronald & Carolyn Johnson?

20. What does “all sales final” mean to Mr. & Mrs. Ronald & Carolyn Johnson?

21. You signed line “A” of our invoice number 85829 which stated the following in part:

What part of this is confusing to Mr. & Mrs. Ronald & Carolyn Johnson?

CONCLUSIONS

Our firm denies the allegations as alleged by this customer.

The following are our six conclusions in this matter:

1. Mr. Johnson signed our invoice number 85829 indicating his acceptance of the following term of our repair service: “Customer understands and agrees that if the work outlined above does not completely cure the problem, no refunds are allowed and additional costs will apply.” (Please see attached copy of our invoice number 85829.)

2. Mr. Johnson signed our invoice number 85829 indicating his acceptance of the following term of our repair service: “Customer agrees that all sales are final and no refunds are allowed.” (Please see attached copy of our invoice number 85829.)

3. Mr. Johnson signed our invoice number 85829 indicating his acceptance of the following term of our repair service: “The parties are not bound by any oral expression, promise, commitment or representation that is not set forth on this invoice.” (Please see attached copy of our invoice number 85829.)

4. Ms. Myles - Johnson signed our invoice number 85829 indicating her acceptance of the following term of our repair service: “No refunds are allowed. All Sales Final.” (Please see attached copy of our invoice number 85829.)

5. Our technician spent a lot of time and effort in helping Mr. & Mrs. Ronald & Carolyn Johnson with their repair needs.

6. The evidence shows this customer signed a non-cancelable, non-refundable contract for a IDFM replacement service, against our best advise of replacing their old furnace, and now they want a refund because they chose to go another direction and had another company replace their furnace.

As the evidence above shows, this customer’s complaint is frivolous and without merit. The above evidence proves our position.

No refund will be afforded to this customer.

No reimbursement will be afforded to this customer.

Full collection efforts will continue against this customer.

Disclaimer: The information contained herein is for informational purposes only. The information contained herein is believed accurate but is not warranted. We encourage all interested parties to verify the information contained herein on their own. The information contained herein was derived from public information sources, from our records, or from Reports or Complaints filed with us.

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