Day 304 – Gas leak gets fixed

The technician from Hawkins Service Company comes to the house. He finds and fixes a gas leak in the “street 90 degree fitting”.

I get an email from the Service Manager at Hawkins Service Company confirming the issue was found and fixed.   He again recommends that I accept the settlement offer from Nationwide Pools.  The Service Manager offers the labor to install the PDA-PS-4 at no cost.  The device offered by Nationwide Pools is the PDA-4 – which will not service the hot tub.

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Day 304 – Fixing the gas leak

I receive an email from the Service Manager at Hawkins Service Company.  They will be coming out to service the heater, on Friday.   They will also follow up with the gas company for re-inspection, following the fix.

He also recommends that I accept the compromise offer from Nationwide Pools – the offer that allows Nationwide Pools to use me as a reference in exchange for a lessor automation system.

 

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Day 301 – Red tag day

I decided to fire up the hot tub – everything is supposed to be working right!

After 2 or 3 minutes, the smell of gas is overwhelming. I call the gas company, and he “red tags” the heater!

Heater is Unsafe

Heater is Unsafe

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Day 291 – Your settlement offer doesn’t fit the bill

I send Keith a rejection letter, on his offer to settle.

Keith,

Thanks for sending this. Your notations of what the wireless controller you proposed will and won’t do confirm exactly what Jandy and Hawkins have told me.

Here’s where I am…You delivered and installed the wrong pump. The retail price of the 2hp pump is $518, and the dual speed 2hp is $822. These are retail prices…Your proposal had ~$100 upgrade price, which I paid. It will now cost me about $1000 to purchase the correct pump and have it installed. James even mentioned at contracting that the dual speed was not a problem, it would be required by code soon, anyway.

You delivered the 900 square feet of pavers included in the quote, but only installed 600 square feet. I have the bill of lading as well as photographs of the 9 pallets of pavers, quotes, and architectural drawing all showing EXACTLY what was eventually installed. The problem is you only installed 600 square feet (in round numbers). I had the pavers installed at an additional cost of $900.

Last week (or in your last email), you clearly state the wireless remote that you proposed (PDA-4) will do everything I included in my edits of the settlement offer. Now, you clearly state that what you said last week is incorrect. When I did the contract with James Staten, HE marked in the catalog/sales sheets all of the items that we’d be getting. That list includes the above.

As it currently stands, I’ve lost $1000 on the pump, and $900 on the pavers, and now you want to take a wireless remote that won’t do what we listed as required functions at the time of contracting. That’s not going to happen.

I’ve spoken with the Florida Business Professional Regulation Division (Customer Service: 850-487-1395). They were very helpful.
If you want to settle, sign my original agreement and send it to me Friday, Feb 24. If you wait much beyond that, I may have started filing the complaints.

I’m not taking the PDA-4.

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Day 291 – Keith’s counter offer to my counter offer

Keith sends me the email below with the  settlement agreement attached:

I have attached the executed agreement. I noted the agreement as it applies to your project.  Please execute by both of you, send back & feel free to contact me to discuss for any reason.

Sounds promising, until you see what he’s redlined in the settlement agreement!

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Day 285 – My Counter offer to Keith Stuart’s settlement agreement

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.

 

 

 

 

Client Acceptance:

Print Name(s): ________________________     Cust. Service Suspended Amount $N/A

Client Signature(s):______________________/________________________Date:2/17/2012

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Day 285 – Keith Stuart responds

Keith Stuart responds to my email on my conversation with the Jandy Customer Service rep.  He sends an email stating:

The IC-100 is what was included in the swimming purchase. This is a non-programmable system that works on demand & will 1. change the pool from pool to spa mode 2. raise & lower pool or spa temperature. 3. Bypass time clock & turn on system manually. 4. the handhold remote will operate lights & blower. If you want to keep this system I will have a service call done to make sure all is working as described.

I have sent you copies of all contractual agreements with the IC-100 outlined. The Aqualink was NOT included & I have NOT seen anything else to support your claim.
Please understand NWP values all clients & the business we receive from them. I have made this offer to show how we want to resolve ALL issues. Please advise.

Keith, install the Aqualink wireless controller, as per the agreement.   Advised.

 

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Day 285 – Now

Now I’m (and the Jandy rep) the one who doesn’t know what the Jandy controls will do…

Keith tells me…I believe you have been given some confusing or incorrect info. I am including the Aqualink RS-4 PDA version. This WILL control your pool equipment. I have done thousands of Aqualink systems for over 20 years.
In addition you accounting & cost of this system is also incorrect. Regardless I am not charging you for the PDA, I offered it as a customer service issue in good faith to resolve all issues & move on. This system was NOT included in the purchase agreement.
I understand some people would rather complain than work it out & this may be one of those circumstances. If you want to reconsider the offer is still available today.

Below is the latest “Settlement Offer” from Keith Stuart.  It’s amazing (or relevant) that Nationwide Pools has an established form for settlements regarding their standard business practices.  I’m not sure what the $2425 is about – he was paid in full, and acknowledged it, last November.  Nowhere does it state the PDA-4 will solve the problem!!!

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, the client agrees to hold Nationwide Pools harmless. The offering of services or items by Nationwide Pools is not an admission of any wrongdoing. In addition, client agrees not to make any complaints or disparaging remarks anonymously or otherwise to any entity; including but not limited to:  websites, online blogs, chat rooms, review forums, business regulation bureaus, committees or agencies. In order to assure Nationwide Pools of good faith on the client’s behalf, the client maybe asked to provide a referral letter, in exchange for the services provided by Nationwide Pools Inc.**All parties agree the additional charges to be waived as long as all conditions are fulfilled & all payments made as per Purchase Agreement.

Client Acceptance:

Print Name(s): ________________________     Cust. Service Suspended Amount $2,425.00  

Client Signature(s):______________________/________________________Date:2/15/2012

Nationwide Pools & Client agrees to the following:

.NATIONWIDE POOLS WILL SUPPLY & INSTALL JANDY AQUALINK PDA-4.

CLIENT AGREES TO THIS SETTLEMENT & THE CLIENT FURTHER AGREES HE/SHE HAS NOT MADE A COMPLAINT, POSTED ANY NEGATIVE STAEMENTS ON ANY ENTITY TO DATE.

 

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Day 283 – the PDA-4 won’t work, either

I respond to Keith’s email on the PDA-4 – according to David, the Jandy rep, it won’t solve the problems.  I send an email to Keith Stuart.  The lies are getting old.

This is so far from the truth that I question your “good faith” effort at reaching an amicable settlement.
I have already drafted the complaint, but I will wait until after Friday to file it, giving you an opportunity to put forth a true good faith settlement offer.
It might help if you do a little research online. According to Jandy Customer Service (800-822-7933) the PDA-4 will NOT control the pool equipment I listed below. The PDA-4 also retails for around $450, and the AquaLink (Wireless version) for around $1200. According to Jandy, the AquaLink is needed to properly control the pool equipment, which must be why this was in the original quote.
You might try shopping at Pool Supply World – I found their reps to be quite helpful (ask for Christian). They can cut your prices in half (or more).

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Day 284 – Cut to the chase – I call Jandy, directly

Given the conflicting stories between Keith Stuart, and the info I’m finding on the PDA-4, I call Jandy Customer Service, directly.

I spend 35 minutes on the phone with Dave, one of the Jandy Customer Service reps.  I provide the model numbers of all of the equipment that Nationwide Pools has installed (and he looks them up in the order), and I give him a description of the problem.  David states, “The equipment that has been delivered and installed by Nationwide Pools will never function correctly”.

Of course, I knew that, because the controller that is installed is NOT the controller in my contract.

David opens a new ticket for Hawkins  to make a new service call.

I forward the above information to Juan and Keith Stuart.

 

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