I’ve got a number of issues with the settlement agreement – to expedite, I modify Keith’s original agreement, to something more “mutually beneficial”, and I try to ensure the device Keith Stuart is proposing, will actually solve the underlying issue.
I remind him, I am not a pool builder and I am not familiar with the device he’s outlined. I’ve modified his proposed settlement offer to include the actual functionality of the device that was ordered. As I’ve stated beginning last August, all I want is to be able to enjoy my pool.
My proposed settlement agreement includes the functionality the PDA-4 is supposed to solve:
Contract Dated: 6/18/11**Client agrees and understands that Nationwide Pools is offering below items or services as an effort to give the highest levels of customer service. By agreeing to the terms below, both the Nationwide Pools and the client agree to hold each other harmless. The offering of services or items by Nationwide Pools is not an admission of any wrongdoing.
In addition, both parties agree not to lodge a formal complaint to any third party entities including the Better Business Bureau, Florida Licensing Division, other business regulation bureaus, committees or agencies nor shall either party lodge any complaints or disparaging remarks anonymously on any websites, online blogs, chat rooms, review forums, business regulation bureaus, committees or agencies.
This agreement has no impact on any warranty provided to Client, including the shell, finish or any equipment. Effective date of all warranties shall be the date the equipment is first functioning properly – the date of installation of the device below.
**All parties agree the Nationwide Pools was Paid in Full through certified funds on October 29, 2011 and there are no additional charges as per Purchase Agreement.
Nationwide Pools & Client agrees to the following:
.NATIONWIDE POOLS WILL SUPPLY & INSTALL A, FULLY AUTOMATED, WIRELESS REMOTE CONTROL THAT WILL, AS A MINIMUM, PERFORM THE FOLLOWING:
- FULL CONTROL OF PUMP, HEATER, POOL AND SPA LIGHTS (JOINT AND ), BOTH VALVES
- FULLY PROGRAMMABLE, AND PROGRAMMED TO SUPPORT THE FOLLOWING AS A MINIMUM:
- ESTABLISH A TEMPERATURE FOR THE POOL, ACTIVATING HEATER & PUMP TO MAINTAIN A SET TEMPERATURE
- ESTABLISH A TEMPERATURE FOR THE HOT TUB ACTIVATING HEATER & PUMP TO MAINTAIN A SET TEMPERATURE
- ESTABLISH A CLEANING CYCLE (PUMP & FILTER) WITH WATERFALL/SPILLOVER ON
- ESTABLISH A CLEANING CYCLE PUMP & FILTER) WITH WATERFALL/SPILLOVER OFF
- CONTROL POOL AND SPA LIGHTS JOINTLY AND SEPARATELY
- CONTROL SPA BLOWER MOTOR
- ESTABLISH START/STOP TIMES FOR EACH OF THE ABOVE
NATIONWIDE POOLS WILL PROVIDE AND INSTALL A DEVICE WHICH MEETS ALL OF THE ABOVE CRITERIA AT NO COST TO CUSTOMER.
NATIONWIDE POOLS HAS STATED THE JANDY AQUALINK PDA-4 WILL SUPPORT EACH OF THE ABOVE – IF THE JANDY AQUALINK PDA-4 DOES NOT MEET THE ABOVE REQUIREMENTS AS A MINIMUM, IT WILL BE REPLACED BY NATIONWIDE POOLS WITH A CONTROLLER WHICH DOES MEET THESE REQUIREMENTS WITHOUT DELAY.
Print Name(s): ________________________ Cust. Service Suspended Amount $N/A