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I'd like your opinion about a settlement agreement

This will be long, please bear with me.

I needed new carpeting for my stairs and upstairs hall. A local carpet store (a multi-state chain) was having a 3 day "warehouse sale" of remnants and close-outs, so I went with rough measurements and a sketch of the area.

One of the salesmen there calculated that I would need x amount of carpet and promised to send the calculation to my email (he never did). I found a 12x13 (156 sf) remnant that I liked, but based on the calculation done for me I needed just a few sf more. They had another 12x12 (144 sf) remnant; the prices were good so I bought both pieces thinking that I would use the left over from the 12x12 piece in the smallest bedroom. This new carpet is a plush without any pattern or directionality, plus no special cuts or directionality needed to happen to install in my space.

I take responsibility for not taking the time to double check the calculation; however, the sale was only for the next 2 days, and I had to work, so I needed to decide then. I trusted the company. I understood that the sale was final and still have no problem with that.

Installation was an additional charge, based on square feet installed.

The salesman came to the house to measure. He never said anything about his measurement being less than the amount that I was being charged for installation (200 sf!), or less than the original calculation upon which I based my purchase.

On installation day, the crew came with only one of the remnants. They installed the carpet and asked me if I wanted the leftover. I said yes and was handed an approx. one foot strip! I asked where the rest of the left over carpet was, and was told that there was not any.

I called the salesman to ask where the rest of my carpet was. He promised to check into it. After two weeks of phone calls to him, with no resolution, I called the local store's customer service number and was told that they didn't know what had happened to my other remnant but that it had probably been returned to one of their stores -- they didn't know which one. The CS rep first said that they would order more carpet to replace the missing -- When I said I didn't want them to go to the trouble of ordering more, she then said that she would have them cut a piece off an existing roll. But what got me really thinking, and upset, was that she claimed that they had used 6 ft. off the 12x12 roll for the installation. That carpet had never entered my house, so how could they have used 72 sf off of it?

I measured again, generously, breaking it into the segments that I had seen the installers use, added 3 inches to each dimension, and plotted it out on paper; and also found my old receipt that told me how much carpet had been installed previously (with how much was left over).

Yes, 147 sf was what was used previously and 144 was what my measure and drawing came up with. This company was claiming to have used 228 sf. and also charged me for 200 sf of installation.

I still didn't get a satisfactory explanation of this discrepancy from the company, so I posted a review online. That got a response from a corporate customer service rep.

They are prepared to offer me a refund for the missing carpet (the entire remnant) and the installation overcharge. Just what you'd expect any honest retailer to do, right? After all, I paid for the carpet, and the installation, in advance and they failed to deliver all that I had paid for.

Except -- they want me to sign an agreement that I will keep the entire situation confidential; waive my right to any future claims now or in the future for any reason (like if the carpet explodes into flames I assume) and will never, either in public or private, make any "disparaging" statements about the company (including telling the facts as I am doing here) or risk being sued by them for monetary damages.

Such a response makes me wonder if over estimating and overselling are standard practice for the company.

What would you do? I would like the refund, but I am considering refusing to sign and just disputing the charge to my credit card.


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