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  #691  
Old 10-18-2012, 05:24 PM
TreeNut TreeNut is offline
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Since some were sprayed in october, I'm sure the effects were not noticable until the spring when the growth cycle started.....My guess is the 2 year statute would have to start when damage started and acknowledged....
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  #692  
Old 10-18-2012, 10:48 PM
anyway anyway is offline
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they just put this on there website today.............

DuPont Imprelis® Limited Warranty

How to File a Warranty Claim:
If you have already returned a properly signed Claim Resolution Agreement (“CRA”), you may submit a warranty claim for trees you believe are experiencing new or additional damage caused by Imprelis®.

To submit a warranty claim, please send a letter detailing the tree damage and the reason you believe it is caused by Imprelis®. Please include your original claim number (from your CRA), the complete property address, and your contact information, including phone number, and send to:

DuPont Imprelis® Claims Resolution Process
c/o Epiq Systems
Attention: Warranty Notifications
FDR Station, P.O. Box 5013
New York, NY 10150-5013

You will be contacted by phone after receipt of your letter to discuss next steps in the warranty process. Also, please be aware of the following with respect to warranty:
■The compensation provided for a warranty claim will not include the additional compensation included in the CRA.
■If you are submitting a warranty claim for previously identified trees whose condition you believe has worsened, you will need to identify what, if any, tree care was provided during the warranty site visit.
■DuPont may deny warranty claims for trees for which tree care payment was received but no tree care was provided.
■If you are filing a warranty claim for a replacement tree installed by a member of the Qualified Tree Professional (QTP) program and you do not believe the symptoms are Imprelis-related, please contact the QTP who planted your replacement tree to inquire about coverage under their QTP warranty.

For more information about this warranty, please contact DuPont directly by calling 1-866-796-4783.

What is Covered and What is Not Covered:
DuPont warrants against any damage caused by Imprelis® to any tree (including replacement trees) located on the property of any property owner who has executed a CRA for that property, any subsequent purchasers of the property within the warranty period, and any co-owners of the property at the time the warranty claim is made.

This warranty DOES NOT COVER damage that is not caused by Imprelis®, including but not limited to planting or care of replacement trees in a manner that is contrary to or inconsistent with the Guidelines for Planting Trees on Properties That have been Treated with Imprelis® Herbicide (available at www.imprelis-facts.com). This warranty also does not apply to any tree recommended to receive tree care for which appropriate care has not been provided, or any tree recommended for removal where a cash payment was taken in lieu of removal services and the tree has not been removed.

How Long Warranty Coverage Lasts:
This warranty runs until December 31, 2013, for non-replacement trees. For replacement trees, this warranty runs until two years from the date the replacement tree was planted.

What the Warranty Process Involves:
DuPont may evaluate those trees located on Owner’s property alleged to be experiencing new or additional damage caused by Imprelis®. This evaluation may include taking tissue and/or soil samples to determine if Imprelis® is present in the tree and/or the soil. If DuPont determines that damage claimed is covered under this warranty, it will (1) pay Owner a sum that will enable Owner to provide tree care to the tree, or (2) in the case of any tree that DuPont determines is dead or not likely to recover, arrange for removal of the tree and pay Owner a sum of money as compensation for the tree.

Owner must reasonably cooperate with DuPont or its representatives in their efforts to perform their obligations under this warranty, including allowing DuPont to evaluate tree(s) and/or take soil and/or tissue samples. Owner is responsible for arranging for tree care with any funds DuPont provides. In the case of removed trees, Owner may, but is not required to, purchase a replacement tree with the funds provided.
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  #693  
Old 10-19-2012, 07:47 AM
rosewater rosewater is offline
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Frustrations grow after Imprelis is blamed for killing thousands of ...
www.kshb.com › Money › Consumer › Call For ActionOct 11, 2012 – Frustrations grow with homeowners after watching their trees and scrubs ... "Dupont is just dragging their feet on this whole process," he added. If I don't hear from Dupont within the next two weeks, I am going to use "Call for Action" channel 7 Detroit news to see if that moves Epiq along.
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  #694  
Old 10-19-2012, 08:17 AM
rosewater rosewater is offline
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The Detroit Free Press reported this on 5/21/2012 "DuPont spokeswoman Kate Childress said in an e-mail Thursday, "We're working as quickly as possible to process claims."
"Since this is a property-specific evaluation, it is a complex process and it takes time to do it fairly and accurately," she said. "DuPont has more than 200 people working on the claims of property owners."

We are all smart enough to DO THE MATH- if Dupont really has 200 people working on 33,000 homeowner claims as reported by Dupont why is it taking so long? We are moving into year two. I guess my question to Dupont would be are those 200 dedicated solely to the claims process or does that include their lawyers, folks that are sitting in front of the word processors cranking out the 30 page resoulution pkgs, Imprelis spokespersons, Davey Tree and Stericyle verification teams to confirm what the LCO's reported and the folks at Epiq?
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  #695  
Old 10-19-2012, 10:11 AM
TreeNut TreeNut is offline
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Sounds to me like DuPont is making things much more complicated than necessary....they aim to confuse. They will force more people to file suit, IMO, just to protect themselves from the legal jargon.
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  #696  
Old 10-19-2012, 10:28 AM
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cindyb cindyb is offline
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Quote:
Kansas State Extension horticultural Dennis Patton said, "What’s applied in the homeowner market usually has a short residual. ”

Call For Action contacted Patton, who believes the damage is over.

"It hit, it dissipated, and so we should not be seeing more problems from this occurring," Patton said
Really?

I'm not going to let it upset me as it has in the past, I have a good group of attornies, dupont created the mess, killing their own trees in the process. Lost tree growth and interest is adding up. The homeowners with the treble law will get triple compensation.

Treenut, I think duponts strategy is to hope we are desperate enough to take whatever crumbs they throw our way or to wait till some of us die of old age.
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  #697  
Old 10-19-2012, 10:32 AM
GreenEm GreenEm is offline
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TreeNut,
Thanks for the reply regarding your subdivision. I'm sorry your claim has been handled so poorly. I cannot speak for your LCO, and it does sound odd how your properties are treated (in a business sense). However, please know that no one gains from this situation. Imprelis has been an absolute nightmare for our business and our customers (and continues to be).
I'm unsure if this would work, but I have an idea for your neighbors if your LCO isn't being as helpful as they should be. Each homeowner should call the Imprelis hotline 1-866-796-4783 to notify DuPont of damage to their property from the use of Imprelis. My thought is they can bypass the "group" and file a separate claim by having their individual property put into the system. Make sure they write down the ref. no. assigned to them during their call. This number is their Property Identification Number. Next, they contact the Lawn Care Company and request a copy of the subdivisions 2011 Imprelis spray record is submitted on their behalf to DuPont. Inform them to please note on the record the homeowners name address and property id for whom the record is being submitted for. And if possible, see if the lawn care company will issue a copy to you as well. Then on the day of their site visit you may give the copy of the record to the dupont contracted team to be submitted along with your claim forms. I figure this would be a good back up plan should your earlier record be misplaced. Believe me it happens. I've had to resubmit multiple spray records for customers who DuPont said they never received. Sometimes for the same customer 4-5 times!! I wish you and your neighbors all the best. I hope this helps and good luck!
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  #698  
Old 10-19-2012, 11:07 AM
TreeNut TreeNut is offline
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GreenEm:
Thanks so much for your detailed reply and trying to help.
Since we submitted our information to the attorney and they had their arborist visit and document, we have been sitting back and waiting for them to handle things. We have copies of all the photos, along with our own including everything the LCO submitted.
Once the second round of damage occured, and the LCO didn't want to submit the new information, we realized we and the LCO were in over our heads, and we weren't getting anywhere with the LCO/ HOA system. I was always several steps ahead of both of them. We shouldn't have to go through so much work to both figure all this out and to get the claim through and dealt with. And, we should have known from the beginning (or been informed) that having two additional people in between the process (the LCO and HOA president) would only confuse things. There are simply too many variables and too many fingers in the pot. We just didn't know what we didn't know.
The more this drags on, the more glad I am we have retained counsel. My main objective now is to do whatever I can to improve my property (yes, however I want, irregardless of what DuPont says) and to stimulate as much negative publicity for DuPont as possible. The LCO should appreciate that we haven't filed suit against them.
Thanks again for your interest and help!
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  #699  
Old 10-19-2012, 03:03 PM
anyway anyway is offline
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so.......after another threatening email to dupont last night questioning there lies and lack of communication to me,i let them know i was pissed and told them my time is running out to wait for them to get my "cra" to me in a timely manner like the website said,i stated they have until november 1st to get a "cra" to me as they have waisted enough time playing games with me,i said if i do not recieve a "cra" by then i will seek other means of getting the compensation for the damage dupont has done etc.i got a phone call from mike brenan today (head of cra)this is also the guy i have left numerouse messages with to call me back and he never did till today, he said he recieved all the required info from davey tree the other day and my cra is being drafted up and will be sent to me in 1-2 weeks,he said if i do not have it by the 2nd week to call him,i told him i have done enough calling around with no actual responses,and that there will be no more calls made,dupont knows what they need to do now and if it is not here with in 2 weeks i will seek other means of getting my compensation,he said fair enough and that he is terribly sorry about the delay and he promised it will be her with in 2 weeks,
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  #700  
Old 10-19-2012, 03:08 PM
TreeNut TreeNut is offline
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Join Date: Jun 2012
Location: Columbus, OH
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I think I would make one more call--to your state attorney general's office. It can't hurt.
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