Complaint Review: Kemp Windows & Siding - Richmond Virginia

These are not customer complaints.  They are disgruntled ex independent contractors that did not read the agreements they signed.  We good standing members of the BBB and we have NO complaints for products or workmanship from customers.  Bill Kemp, Owner 

Well I am tired of ex-independent contractors who did not read their independent contractor agreements slandering my company and my name.  I have attached for everyone to read the Independent Contractors Agreement that all of the names below signed:

Thomas S. Ellis aka Tom Ellis wife Alexa Ellis of Aqua Blue Creative Marketing in Atlanta Georgia www.aquablueweb.com

Timothy A. Hiles aka Tim Hiles

Jeffrey A. Schultes aka Jeff Schultes

William Rodd aka Bill Rodd

The Independent Contractor agreement is designed to protect the company and the customer from being taken advantage of.  However when people don't read their agreements they sound ignorant when they lash out at the company they were involved with.  It is funny how all of these ex-sales people claim that I told them to sell at ridiculous prices... they were independent.  As a company we gave them a price range to sell in.  They were not to go over or below that range, no different than any other products that are sold by sales people like cars, boats, etc.  I designed a way for the reps to give our homeowners a discount off of the list price, however Jeff Schutes sat in my office and pleaded with me that I was taking money out of his reps pocket by making them discount.  So, I adjusted the sliding commission scale so they could discount like I wanted and still earn their top commission percentage.  It funny how these guys never said the prices were inflated when they ran around selling everyone they could and they never complained when they received their commission checks on Fridays.  I challenge anyone to look at where I sold my customers compared to any of these guys complaining.  I ALWAYS gave my customers a very nice discount. 

I want you to understand that every company has policies and agreements and these people were fully disclosed before they were even trained!  Our policy is if you sell a job you MUST GO BACK AND VISIT THAT HOMEOWNER AFTER COMPLETION OR YOU WILL AND CAN LOSE YOUR BACK END COMMISSION.  Please read it below in the independent contractor agreement they all signed! Look for the paragraph with the ***.

The Kemp Company

3005 Mechanicsville Turnpike

Richmond, VA 23223

Independent Contractors Agreement

                The Kemp Company, located at 3005 Mechanicsville Turnpike, Richmond, Virginia (hereinafter call Dealer) is engaged in designing, selling and distributing replacement windows, vinyl siding, and roofing to homeowners through a network of independent contractors (hereinafter Contractors).

_______________________________ with a principal place of business at __________________________

_______________________________ desires to be an Independent Contractor for the purpose selling to homeowners and authorized prospects of the Dealer. As such, contractor understands that Dealer is due all monies arising out of contracts which contractor signs with customers and which Dealer accepts in writing. In return, contractor receives a commission set forth in the attached Commission Sheet. If the customer does not complete the transaction properly, contractor is not entitled to a commission for it. While Dealer may advance contractor commission on a sale before completed, Contractor understands that if a transaction for which Contractor has received a commission is not completed, such unearned commission shall reduce the amount of commissions owed to Contractor or Contractor must repay such advances to Dealer.

           Contractor shall set up his/her own appointments, or can receive Company appointments set up by Dealer for times acceptable to customer.  The cost of such Company appointments is set forth in the attached commission sheet.

                It is explicitly acknowledged that Contractor shall represent other dealers and manufacturers during the same term of the agreement without restriction, except that under no circumstances may contractor use a Company appointment to sell products or services similar to window and siding products sold and distributed by Dealer.

                Contractor, at his/her expense, shall comply with, and obtain all licenses and permits which may be required under, any applicable Federal, State, or local law, ordinance, rule or regulation (including but not limited to any Home Solicitation Act) by virtue of any acts performed by Contractor under this Agreement.  Contractor agrees to indemnify and hold Dealer harmless from any breach of said laws by contractor.

                Contractor explicitly acknowledges the fact that Contractor is not and will not be treated as an employee of Dealer respecting such services under this agreement for federal and state tax purposes.  Neither Federal nor State income tax will be withheld or paid by Dealer on contractor behalf.  Contractor is solely responsible for maintaining any records required by law in connection with his/her business, and for all reporting and payment of all payroll taxes, expenses and insurance pursuant to any federal, state, and local laws.  No employees or agents of Contractor shall be deemed to be employees, and is solely responsible for the payment of any and all contributions, taxes and assessments and shall meet all other requirements of the Federal Social Security, State Unemployment Compensation and Federal, State and local Income Tax withholding laws on all salary and other compensation.

             The only warranty applicable to the Dealers products or services are those which are in writing and given to Contractor. Dealer or its suppliers or Sub-Contractors will honor no other warranties, expressed or implied.

             Contractor acknowledges that all Kemp Company, service marks, trademarks, trade names and emblems are the sole property of Dealer, and that Contractor may use them only during the term of this agreement.  Upon termination of this agreement, Contractor will immediately and permanently cease (a) exhibiting or in any way using service mark, trademark, trade name, or emblem and (b) engaging in any other activity which would tend to indicate that Contractor is authorized to sell or service The Kemp Company products or represent Dealer in any way.

                Contractor has the option of attending training sessions given by Dealer.  This Is Not Required.  Those who choose to attend will be charged a fee of $10.00.  If Contractor claims he/its employees/agents is/are already qualified to properly demonstrate the product, to insure against claims in the nature of misrepresentation and/or misconduct, before Dealer engages contractor, a mock sales presentation shall be performed before one of the sales managers, by everyone who intends to go out on a appointment.

       ***     Contractor shall also be required to conduct a Walk Through with the customer, once customers job has been completed. This Walk Through shall be done immediately after installation, and customer and contractor shall sign a Customer Completion Certificate. This policy is designed to ensure the customer of quality follow up by their Contractor. THIS IS REQUIRED. Failure to turn in a completed signed completion certificate will force Dealer to retain back end commission for said job. If said Contractor is not available or no longer with The Kemp Company to service customer, then The Kemp Company will service the customer and use the back end commissions earned by said Contractor to service the customer as needed.

                This agreement is non-exclusive to both parties, and may be terminated at any time in writing by mailing notice of termination to the other party.  Any fliers, sales aids, or any other products provided by Dealer to Contractor must be returned to the Dealer within 3 business days after termination of this agreement or the Contractor will be sued for judgment of no less than $1,000.00.

                This agreement supersedes all prior agreements, if any, between the parties, and it constitutes the entire agreement between them.  This agreement may be modified only by writing and signed by both

parties.

X_________________________________________ (Contractor) Date _____________________________                                            

H) _____________________C)____________________(Contractor Phone#)

X_________________________________________ (Company Authorized Agent)

Well I am tired of ex-independent contractors who did not read their independent contractor agreements slandering my company and my name.  I have attached for everyone to read the Independent Contractors Agreement that all of the names below signed:

Thomas S. Ellis aka Tom Ellis wife Alexa Ellis of Aqua Blue Creative Marketing in Atlanta Georgia www.aquablueweb.com

Timothy A. Hiles aka Tim Hiles

Jeffrey A. Schultes aka Jeff Schultes

William Rodd aka Bill Rodd

The Independent Contractor agreement is designed to protect the company and the customer from being taken advantage of.  However when people don't read their agreements they sound ignorant when they lash out at the company they were involved with.  It is funny how all of these ex-sales people claim that I told them to sell at ridiculous prices... they were independent.  As a company we gave them a price range to sell in.  They were not to go over or below that range, no different than any other products that are sold by sales people like cars, boats, etc.  I designed a way for the reps to give our homeowners a discount off of the list price, however Jeff Schutes sat in my office and pleaded with me that I was taking money out of his reps pocket by making them discount.  So, I adjusted the sliding commission scale so they could discount like I wanted and still earn their top commission percentage.  It funny how these guys never said the prices were inflated when they ran around selling everyone they could and they never complained when they received their commission checks on Fridays.  I challenge anyone to look at where I sold my customers compared to any of these guys complaining.  I ALWAYS gave my customers a very nice discount. 

I want you to understand that every company has policies and agreements and these people were fully disclosed before they were even trained!  Our policy is if you sell a job you MUST GO BACK AND VISIT THAT HOMEOWNER AFTER COMPLETION OR YOU WILL AND CAN LOSE YOUR BACK END COMMISSION.  Please read it below in the independent contractor agreement they all signed! Look for the paragraph with the ***.

The Kemp Company

3005 Mechanicsville Turnpike

Richmond, VA 23223

Independent Contractors Agreement

                The Kemp Company, located at 3005 Mechanicsville Turnpike, Richmond, Virginia (hereinafter call Dealer) is engaged in designing, selling and distributing replacement windows, vinyl siding, and roofing to homeowners through a network of independent contractors (hereinafter Contractors).

_______________________________ with a principal place of business at __________________________

_______________________________ desires to be an Independent Contractor for the purpose selling to homeowners and authorized prospects of the Dealer. As such, contractor understands that Dealer is due all monies arising out of contracts which contractor signs with customers and which Dealer accepts in writing. In return, contractor receives a commission set forth in the attached Commission Sheet. If the customer does not complete the transaction properly, contractor is not entitled to a commission for it. While Dealer may advance contractor commission on a sale before completed, Contractor understands that if a transaction for which Contractor has received a commission is not completed, such unearned commission shall reduce the amount of commissions owed to Contractor or Contractor must repay such advances to Dealer.

           Contractor shall set up his/her own appointments, or can receive Company appointments set up by Dealer for times acceptable to customer.  The cost of such Company appointments is set forth in the attached commission sheet.

                It is explicitly acknowledged that Contractor shall represent other dealers and manufacturers during the same term of the agreement without restriction, except that under no circumstances may contractor use a Company appointment to sell products or services similar to window and siding products sold and distributed by Dealer.

                Contractor, at his/her expense, shall comply with, and obtain all licenses and permits which may be required under, any applicable Federal, State, or local law, ordinance, rule or regulation (including but not limited to any Home Solicitation Act) by virtue of any acts performed by Contractor under this Agreement.  Contractor agrees to indemnify and hold Dealer harmless from any breach of said laws by contractor.

                Contractor explicitly acknowledges the fact that Contractor is not and will not be treated as an employee of Dealer respecting such services under this agreement for federal and state tax purposes.  Neither Federal nor State income tax will be withheld or paid by Dealer on contractor behalf.  Contractor is solely responsible for maintaining any records required by law in connection with his/her business, and for all reporting and payment of all payroll taxes, expenses and insurance pursuant to any federal, state, and local laws.  No employees or agents of Contractor shall be deemed to be employees, and is solely responsible for the payment of any and all contributions, taxes and assessments and shall meet all other requirements of the Federal Social Security, State Unemployment Compensation and Federal, State and local Income Tax withholding laws on all salary and other compensation.

             The only warranty applicable to the Dealers products or services are those which are in writing and given to Contractor. Dealer or its suppliers or Sub-Contractors will honor no other warranties, expressed or implied.

             Contractor acknowledges that all Kemp Company, service marks, trademarks, trade names and emblems are the sole property of Dealer, and that Contractor may use them only during the term of this agreement.  Upon termination of this agreement, Contractor will immediately and permanently cease (a) exhibiting or in any way using service mark, trademark, trade name, or emblem and (b) engaging in any other activity which would tend to indicate that Contractor is authorized to sell or service The Kemp Company products or represent Dealer in any way.

                Contractor has the option of attending training sessions given by Dealer.  This Is Not Required.  Those who choose to attend will be charged a fee of $10.00.  If Contractor claims he/its employees/agents is/are already qualified to properly demonstrate the product, to insure against claims in the nature of misrepresentation and/or misconduct, before Dealer engages contractor, a mock sales presentation shall be performed before one of the sales managers, by everyone who intends to go out on a appointment.

       ***     Contractor shall also be required to conduct a Walk Through with the customer, once customers job has been completed. This Walk Through shall be done immediately after installation, and customer and contractor shall sign a Customer Completion Certificate. This policy is designed to ensure the customer of quality follow up by their Contractor. THIS IS REQUIRED. Failure to turn in a completed signed completion certificate will force Dealer to retain back end commission for said job. If said Contractor is not available or no longer with The Kemp Company to service customer, then The Kemp Company will service the customer and use the back end commissions earned by said Contractor to service the customer as needed.

                This agreement is non-exclusive to both parties, and may be terminated at any time in writing by mailing notice of termination to the other party.  Any fliers, sales aids, or any other products provided by Dealer to Contractor must be returned to the Dealer within 3 business days after termination of this agreement or the Contractor will be sued for judgment of no less than $1,000.00.

                This agreement supersedes all prior agreements, if any, between the parties, and it constitutes the entire agreement between them.  This agreement may be modified only by writing and signed by both

parties.

X_________________________________________ (Contractor) Date _____________________________                                            

H) _____________________C)____________________(Contractor Phone#)

X_________________________________________ (Company Authorized Agent)

Currently under settlement negotiations.