MY NAME IS LOUIS NICHOLE I HAVE LIVED IN MAINLAND CHINA FOR 20 YEARSIN OVER 100 FACTORIES....SO I HAVE A GOOD UNDERSTANDING OF THE CHINESE CULTURE AND MANUFACTURING...WORKING FOR THE WHITE HOUSE MY ENTIRE RESIDENCE BURNED TO THE GROUND AND 7 YEARS LATER.... I CANNOT MOVE INTO MY HOME BECAUSE DIAMOND NEVER FINISHED MY WINDOS AND TRIM...DESPITE THEY WERE PAID FOR IN FULL. $80,000 IN TOTAL I AM ATTACHING A LETTER I WROTE TO THE OWNERS... WHO HAVE 2 LAWSUITS PENDING: ONE WITH MYSELF, ONE WITH THOMAS GIANNI AND SONS Dear Bob Sampson/ Tony Tseng I am writing a letter directly to Diamond ...,.,as there have been NO RESULTS from either legal sides.... concerning the resolution of my lawsuit with Diamond. In an effort to move this forward, I wanted to make certain that you have been given all the proper information and documentation. Almost seven years have passed and I am still unable to seal the envelope of my entire residence which was totally destroyed by fire.…. mostly because of Diamond's refusal to supply the final trim, remediation of damaged windows, and change order by Dave Lucrkurt. I am going to try to simplify the... "list the events that followed with Diamond"….. as I believe that you may be unaware of the details and facts from over 29,000 documents/photographs.... that were provided to your counsel. SYNOPSIS: 1) As you are aware, I paid Mr Sailer IN FULL for the Diamond Windows. I had no outstanding balance. The only payment outstanding on the documents ....to Diamond from Sailer….. was for the arched trim for 6 windows. Diamond was to supply them..... for the third time……. and NEVER DID. They were manufactured incorrectly the first two times. 2) DIAMOND provided line schematic drawings to Mr Sailer on your proforma invoice....which in turn.... was supplied to me. As provided in my exchange of documents, your competitors…..Universal Window and Door.... as well as Weathershield Windows....….. provide accurate line schematic drawings..... that depict the actual design and manufacturing of their products in line schematics. Based on Diamond's drawings, I accepted the design as shown. When I received the windows however..... what was shown as your schematics...was not what I received. 2) THERE IS NO DISCLAIMER ON YOUR ORIGINAL BILL OF SALE AS TO The WINDOW SPECIFICATIONS and QUALIFICATIONS Do you believe a jury is going to find that accountable and responsible business behavior? 3) Dave Lucrkut…( Tecnical sales of Historic Renovations for Diamond Windows..... as listed on all his e mails and business cards.)..... your employee... appeared several times at my residence He supplied all specifications of the Diamond Products No one but Lucrkut gave us manufacturing requirements at our meetings. As well…. he supplied 1 1/2" trim..... as per his emails.... for installation (on three sides of the window.) Mr Sailer nor Gianni are manufacturers. They followed Luchart recommendations....as your manufacturing expert Those emails came directly from Lucrkut. According to R&R WINDOW, a supplier and installer of YOUR windows…. informed me at my home, along with my new team…. that Lucrkut's application was incorrect. Each window should have been measured separately and installed as a ONE PIECE UNIT.... with no trim. That was their recommendation to me in writing. 4) Dave Lucrkut, Your employee, made a CHANGE ORDER on the final ORDER to MR Sailer…..on 6 windows …..WITHOUT ANY NOTICE OR EXPLAINATION in writing There is absolutely no correspondence from your employee to Sailer Six window were manufactured too large and did not fit in the openings Diamond never took any accountability for the change in window schedule by Lucrkut Is that acceptable to you? I could never install the windows….. nor seal my home…now 7 years later We are talking over 20,000 dollars of windows. Do you believe a jury is going to find that accountable and responsible behavior? 5) DIAMOND finally sent first shipment of windows in July 2014. The six windows arrived too big to fit in the openings. They were returned to Diamond…. approx $ 20,000 worth of windows. It was far more dollars than was owed from Mr Sailer for the remaining trim. Diamond gave myself... nor Sailer.... not 1dollar credit. Do you believe a jury is going to find that behavior accountable and responsible? 6) IN AUGUST....For the second time....the TRIM for the 6 Arched windows arrived…… They still did not fit. They were manufactured incorrectly What good are windows... if there is no trim to finish the installation of those windows to seal the envelope? Do you believe a jury is going to find that behavior accountable and responsible? 7) Your packing of windows into your truck.... caused arched windows to arrive cracked and broken. DIAMOND never made any effort to replace or fix the damaged ARCHED windows. These were each.... $3,500 windows No effort was made by Diamond for 7 years. to repair. Do you believe a jury is going to find that behavior accountable and responsible? 8) Diamond never attempted to provide the TRIM for 6 ARCHED WINDOWS...... for 7 years….. so that I could seal my home/ envelope Do you believe a jury is going to find that behavior accountable and responsible? 9) If you review Diamond emails from Jack Guam…. you will see that Sailer requested the shop drawings on many occasions.,,….. as I did to Sailer. Jack never sent them. Yet Diamond went ahead and produced the windows…telling Mr Sailer in heinsight.... that your factory does not use “shop Drawings. ( in writing) I have lived in China for over 20 years and worked in over 100 factories in Mainland I have NEVER seen one factory that works without very specific drawings and dimensions…especially something as technical as windows. Do you believe a jury is going to find that behavior accountable and responsible? 10) On FIVE occasions at least …..my attorneys have asked Diamond to return both the broken arch windows and the 6 improperly manufactured windows. and the proper framing....since I paid for them. Diamond refused to…….to this very day…. approaching 7 years Diamond held over $25,000 with of my windows/trim in their factory. Do you believe a jury is going to find that behavior accountable and responsible? 11) I made 2 trips to Boston with Mr Sailer. First trip.... SAMPSON informed me Diamond would come up with a proposal for remediating the wrong size/ damaged windows DIAMOND's proposal: SIX new windows at full cost. No Fixing or replacing the broken windows that DIAMOND supplied DIAMOND SUPPLIED AN INVOICE: Full price Replacement ....for $28,000 Do you believe a jury is going to find that behavior accountable and responsible? 12) NO WARRANTEE WAS EVER PROVIDED BY DIAMOND...until I requested in 2014 year end. Isn't that the job of the manufacturer? Do you believe a jury is going to find that behavior accountable and responsible? 13) DIAMOND provided NO INSTALLATION INSTRUCTIONS…..despite that there are countless e mails to Jack Guam from Sailer and from myself. Do you believe a jury is going to find that behavior accountable and responsible? Add to the above …the testimony of my expert. R J KENNEY,... who in fact ...wrote the ASTM Standards… to which he claims Diamond has failed on several counts I am no expert in that arena....and I cannot testify to his facts. Here is what I do know Bob Sampson is testifying as both an employee.....Vice President of Diamond.... ..AND.... as an independent expert. It will sound self serving and *** to a jury. Do you believe a jury is going to find that behavior accountable and responsible? 14) After my attorneys show the emails between Jack Guam and Sailer….. it will be clear that DIAMOND OPERATED IN BAD FAITH…and did little to REMEDIATE the situation….now going on 7 years. Do you believe a jury is going to find that behavior accountable and responsible? In my exchange of Documents, I provided a time line by email.s.......that follows Jack Guam's and his lack of reply to Mr Sailer. It was only after I received all of Mr Sailers documents.... between himself and Jack Guam..... that I realized that the fault was not Sailer's. Diamond should take responsibility to serve customers in a timely manner. I assume you have reviewed those documents. Is that acceptable customer service behavior....to you as the owner ...and the VP of Business Development? Here is my proposal Diamond provided an invoice to Sailer. for the cost of goods. Diamond's profit is included in that sale. Based on your RETAIL WINDOW COST TO SAILER..... and 20 years of my manufacturing experience in China, I can guesstimate your first cost to actually manufacture the windows. If I assume the money you have already spent on litigation ....as well as the money you will spend to go to court....that number will far exceed the actual manufacturing costs..... of your re -making the windows. My belief that is that I will win when a jury understands the bad faith that Diamond has shown over 7 years. When consumers have been wronged by big business…jurors relate to the injustice. I will pay Diamond to measure and fit each window…. (as R &R Window… your vendor…. has recommended in its proposal to me) I will pay for the cost to remove…. re-sandblast the masonry opening and redo all the interior framing / installation. of all the windows. It is a better compromise ....than paying in settlement... the total cost of the windows..... in addition to the escalation of 7 years interest, materials, shipping etc. While I understand that I do not have a contract directly with Diamond, jurors will clearly understand "Bad Faith" on the part of the manufacturer. They will sympathize with the distress incurred by a senior citizen, (almost 70 years old) who still lives in a garage apartment to this very day.... because Diamond did not provide and complete an appropriate order. And that order.... did not allow the owner to close and seal the entire envelope of his residence.....,.,. for 7 years. It is unreasonable. How would you feel if it were you? I always like to give people the opportunity to be NOBLE. I have written this in the spirit of compromise I am giving you the opportunity to do the right thing. User's recommendation: TRY UNIVERSAL WINDOW- THEIR COMPETITOR.