In Setpember 2005 I left a phone message with CMC asking if they could install a new GSI galvanized aeration floor in our old 14 ft. Grain bin used to store corn and soybeans. This product was advertized by CMC and appeared in the FARM NEWS/FORT DODGE and Mr. Jerome Sanntes, CMC salesman, Fargo called and said they could install a floor on a 14 ft. Dia. Grain bin and without seeing it quoted a price of $2169.00 delivered and installed. I strongly suggested he view the bin to see if their floor would work and that there is a grain removal auger and the fan blower in a channel below the floor. Mr. Sanntes assured me by phone that this would be no problem, and he would send a container of sealer we must apply inside to seal the steel bin to the concrete floor to block any rain moisture coming into the bin, and we were to apply this before the installation crew arrived.
He sent a written contract that stated that I must send to CMC a deposit of 15% of the bid price. I signed it and a Farm check in the amount of $325 was sent to CMC on October 8.
The 5 gal container of sealer arrived soon after that and before we were able to apply it to the floor of our bin CMC employee named Todd stopped at our farm on his way to Texas. He looked at the grain bin and said that their floor could not be installed unless we removed the grain removal auger and the blower fan duct from the channel and perhaps mount the fan and auger onto the bin wall above the floor. Then we would have to fill the channel with concrete. This was necessary because their floor requires support every 6 inches and the channel was 18 inches wide across the bin floor.
The CMC man was informed by us that we could not get all that done this fall we were harvesting corn now, or before winter, and that he must take the container of sealer back to North Dakota as the label said freezing was to be avoided. He did this.
I then informed Mr. Sanntes by telephone what the CMC man informed us about the modifications we would have to do and that my sons and I decided not to do the modification of our old grain bin floor needed to install their new metal floor, as this would involve too much work and expense. I asked him to return the 15% deposit, and he said he would do this. No work as performed or equipment left here on this contract. After some time and no refund I sent a Certified Letter to CMC again requesting return of our down payment.
No deposit money has been returned. I have received CUSTOM MARKETING CO.inC. STATEMENT first dated 11/29 and second 12/14 asking payment of $1844.00, each stating Finance Charge APR: 18.00%
I then went to internet to seek legal help in North Dakota. I learned from the web that laws in North Dakota do not permit non-residents to file in small claims court. Using the ND Bar web page I contacted by mail the two attorneys they recommended. One responded that that they represent CMC and could not take my case. The other, Atty. F. Snyder Gokey of Vogel Law Firm responded and took the case. He stated that going into ND Small Claims Court for recovery of our $325 down payment would not be pratical. He proceeded in settleing with Mr. Mark Hollaar of CMC cancelling the contract with them keeping my $325 down payment. Atty Gokey's legal fee for his telephone calls and one letter to Mr. Hollaar is $916.50.
We are out $916.50 $375=$1291.50 in contacting and doing business in North Dakota with CMC and getting nothing but being ripped off. Such unresponsible business pratices should not be rewarded.
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