Austin Michael Internet Solutions

We had a Pebble Technology Representative go out to look at the interior finish of the pool We have already started the process of repair todayThank you, [redacted] / Office Manager

After submitting our complaint on Trademark Pool and Spa they had came out to make sure the pool was fully hooked upAfter checking the pool they had scheduled for the city to come out and do the final inspectionThe city came out the following day and the pool finally past the inspectionI had called back to talk with [redacted] and he said he was going to have the neighbors concrete repaired when there is no rainWe still have not heard anything back on the concrete as of todayI will give them another week before calling againThanks, [redacted]

Thank you for allowing us to respondPlease see attached disclaimer that the client has acknowledged and signed We provide information in advance to our clients in case this question arises because Concrete / Coping / Interior Finish appearances can vary from job to job and from day to day We take our customer service very seriously and have discussed his concern on several occasionsIf Mr [redacted] would like to seal his coping we would be happy to so with a signed addendum as this additional service which was not included in his contractual agreementSincerely, [redacted] / OwnerTradeMark Pool and Spa

In response to compliant # [redacted] dated September 12, Regarding clients alleged unresolved issues at [redacted] **Let me first thank you for the opportunity to address and or explain the condition that client is concerned withAs a licensed contractor we are responsible to adhere not only to local codes but also current versions of building codes for the city in which we are workingWe have enclosed a copy of the signed contractor (our client: [redacted] ***) contract signing date of 04/23/At this time our (TradeMark Pool and Spa) paperwork process startedEngineering for construction of the [redacted] pool was acquired on 04/29/A construction time line along with a construction of the [redacted] pool was mailed on 04/29/for his reviewA permit packet was prepared and submitted to the Elk Grove Building Department on 05/03/Approximately the week of May 9, a walk through was completed by the project manager and the homeowner approving the construction process to beginOn the date of 5/excavation began and on 5/18/excavation was completedPre-plaster inspection was passed on 07/13/Total swimming pool construction time was working daysThe state of California deems a swimming pool complete on plaster date which was 07/15/Concerning the water features (deck jets), it is not documented on any of TradeMark Pool and Spas paperwork which includes a bid sheet, contract, and construction build plan that involves the deck jets being mentioned that we missed installingOne Umbrella Sleeve was missed on a step during the build process but we have been in phone communication with MrMr [redacted] ***, asking for him to contract us when his family is done with their swim season, so we can come back and drop pool level below the step to core drill an umbrella sleeves in the place he desiresHe has agreed to notify us when he is ready to proceedIt was stated that some of our workers are MexicanYes, we are a proud multicultural businessHomeowner was instructed at walk through to address questions or concerns with project manager or the office via email or phoneThe time line given to homeowner prior to work beginning at residence is a reminder that he is responsible to turn water off in pool when it reaches mid-tile line after water fill begins on plaster dateThe un-leveled yard has already been addressed out of good faith by Trademark Pool and Spa; delivered and leveled for our client [redacted] ***In closing, I would like to apologize if there has been any misunderstanding regarding the particular issues mentionedFrom all of our communications it is clear that you are pleased with the quality of our productAfter carefully reviewing the entire contract it is clear we have delivered what was agreed an signed for on the contractWe take our customer service very seriously, because without our customers we have no businessThank you again!Sincerely, [redacted] /President

Response:Responding to the complaint from Mr. [redacted] . We received the permit on 8/29/2016. The swimming pool is deemed complete at the pre-plaster inspection sign off which was on 11/17/2016. The City of Modesto signs off the final inspection at the same time of pre-plaster inspection. Although, we were told after inquiring of why the final was not signed off during the pre-plaster inspection like usual that it is at the Inspectors discretion if they would like to inspect the pool one more time and then sign the final inspection. The final inspection was then signed off by the City on 1/24/2017. A swimming pool permit has 180 working days until it requires an extension. The final inspection was approved prior to the 180 days. Regarding the next door neighbors cracked concrete. This has been taken care of out of "good faith" as the contract clearly states that, "TradeMark Pool and Spa is not responsible for damages done in access area over which equipment must travel." This was acknowledged and initialed by the client. However, again we did take care of this out of "good faith" on a dry day last week. (week of 2/13/17) This was also communicated to Mr. [redacted] that we were waiting on clear weather so we could complete the repair all in one day. We apologize for their frustration but all their concerns have been addressed and taken care of to this date. 2/22/2017. (We also want to note that Modesto has had over 25 inches of rain this winter, so there was a weather delay for the neighbors repair) Thank you for allowing us to respond.Sent on: 2/22/2017 6:38:59 PMSent by: 69.80.249.131

Again, we are responding to complaint # [redacted] and would like to Thank you for allowing us to respond once againReviewing again from the prior response: the contract, the bid sheet and the construction build plan all do not show deck jets as part of the contract price that was agreed and approved by Mr [redacted] by his signing of the contractThe contract serves as TradeMark Pool and Spa's agreement between client and build team, of what our client is purchasing and expectingIt is unfortunate that Mr [redacted] did not notice that the deck jets were not included on the contractThe purpose of the contract is to avoid conversations such as theseWe will acknowledge though, that many times in the swimming pool industry homeowners will meet with a couple of companies to compare estimate and it could be that the deck jets were discussed with another sales representative from another companyTradeMark pool and Spa is not questioning Mr***'s integrity or honesty and this is an unfortunate circumstance that they (deck jets) were not included on the contract, therefore not installed during the pool buildHowever, TradeMark Pool and Spa in good faith did have three yards of dirt delivered to Mr***'s home several weeks ago and leveled it out in hopes to maintain a good relationship with him.If Mr [redacted] would like to have deck jest added to his added to his build we can absolutely give him an estimate to do so.Sincerely, [redacted] /Owner

I am rejecting this response because:We appreciate the "good faith" in fixing the neighbor's discrepancy in her concrete as this also protects the image of your companyThe neighbor is still bitter about almost being run over by the machine operator during excavation so I wanted to ensure she was taken care of by TrademarkI spoke to the foreman, ***, and advised of the left over concrete at the end of the side gateUpon assignment, he advised someone will come out shortly to pick it upThe neighbor mentioned that the fence and concrete are not the correct distance from one another and with the recent weather it caused her backyard to floodShe noted that this was the only issue.The initial Salesperson noted what sets them a part from other pool companies is that they have their own internal contractors and do not contract outside of TrademarkHowever when work was delayed, there was discrepancies, it would be blamed on contractors not part of their company?I will not consider the issue resolved until the left over concrete is removed and the minor discrepancy in the fence is cleared

The date we finished with neighbors repair was 3/10/2017.  Job was repaired and cleaned up.  The date we finished and City building inspector signed completion final for the Van Doorn project was 1/24/2017. Thank you for following up,   [redacted] / Office ManagerTradeMark Pool and Spa[redacted]Salida, CA. 95368(o) [redacted](f) [redacted]

We had a Pebble Technology Representative go out to look at the interior finish of the pool.  We have already started the process of repair today. Thank you, [redacted] / Office Manager

After submitting our complaint on Trademark Pool and Spa they had came out to make sure the pool was fully hooked up. After checking the pool they had scheduled for the city to come out and do the final inspection. The city came out the following day and the pool finally past the inspection. I had...

called back to talk with [redacted] and he said he was going to have the neighbors concrete repaired when there is no rain. We still have not heard anything back on the concrete as of today. I will give them another week before calling again. Thanks,[redacted]

In response to compliant #[redacted] dated September 12, 2016. Regarding clients alleged unresolved issues at [redacted]. Let me first thank you for the opportunity to address and or explain the condition that client is concerned with. As a licensed contractor we are responsible to...

adhere not only to local codes but also current versions of building codes for the city in which we are working. We have enclosed a copy of the signed contractor (our client:[redacted]) contract signing date of 04/23/2016. At this time our (TradeMark Pool and Spa) paperwork process started. Engineering for construction of the [redacted] pool was acquired on 04/29/2016. A construction time line along with a construction of the [redacted] pool was mailed on 04/29/2016 for his review. A permit packet was prepared and submitted to the Elk Grove Building Department on 05/03/2016. Approximately the week of May 9, a walk through was completed by the project manager and the homeowner approving the construction process to begin. On the date of 5/17 excavation began and on 5/18/2016 excavation was completed. Pre-plaster inspection was passed on 07/13/2016. Total swimming pool construction time was 41 working days. The state of California deems a swimming pool complete on plaster date which was 07/15/2016. Concerning the water features (2 deck jets), it is not documented on any of TradeMark Pool and Spas paperwork which includes a bid sheet, contract, and construction build plan that involves the 2 deck jets being mentioned that we missed installing. One Umbrella Sleeve was missed on a step during the build process but we have been in phone communication with Mr. Mr. [redacted], asking for him to contract us when his family is done with their swim season, so we can come back and drop pool level below the step to core drill an umbrella sleeves in the place he desires. He has agreed to notify us when he is ready to proceed. It was stated that some of our workers are Mexican. Yes, we are a proud multicultural business. Homeowner was instructed at walk through to address questions or concerns with project manager or the office via email or phone. The time line given to homeowner prior to work beginning at residence is a reminder that he is responsible to turn water off in pool when it reaches mid-tile line after water fill begins on plaster date. The un-leveled yard has already been addressed out of good faith by Trademark Pool and Spa; delivered and leveled for our client [redacted]. In closing, I would like to apologize if there has been any misunderstanding regarding the particular issues mentioned. From all of our communications it is clear that you are pleased with the quality of our product. After carefully reviewing the entire contract it is clear we have delivered what was agreed an signed for on the contract. We take our customer service very seriously, because without our customers we have no business. Thank you again!Sincerely,[redacted]/President

Thank you for allowing us to respond. Please see attached disclaimer that the client has acknowledged and signed.  We provide information in advance to our clients in case this question arises because Concrete / Coping / Interior Finish appearances can vary from job to job and...

from day to day.  We take our customer service very seriously and have discussed his concern on several occasions. If Mr. [redacted] would like to seal his coping we would be happy to so with a signed addendum as this additional service which was not included in his contractual agreement. Sincerely, [redacted] / OwnerTradeMark Pool and Spa

Response:Responding to the complaint from Mr. [redacted]. We received the permit on 8/29/2016. The swimming pool is deemed complete at the pre-plaster inspection sign off which was on 11/17/2016. The City of Modesto signs off the final inspection at the same time of pre-plaster inspection. Although, we were told after inquiring of why the final was not signed off during the pre-plaster inspection like usual that it is at the Inspectors discretion if they would like to inspect the pool one more time and then sign the final inspection. The final inspection was then signed off by the City on 1/24/2017. A swimming pool permit has 180 working days until it requires an extension. The final inspection was approved prior to the 180 days. Regarding the next door neighbors cracked concrete. This has been taken care of out of "good faith" as the contract clearly states that, "TradeMark Pool and Spa is not responsible for damages done in access area over which equipment must travel." This was acknowledged and initialed by the client. However, again we did take care of this out of "good faith" on a dry day last week. (week of 2/13/17) This was also communicated to Mr. [redacted] that we were waiting on clear weather so we could complete the repair all in one day. We apologize for their frustration but all their concerns have been addressed and taken care of to this date. 2/22/2017. (We also want to note that Modesto has had over 25 inches of rain this winter, so there was a weather delay for the neighbors repair) Thank you for allowing us to respond.Sent on: 2/22/2017 6:38:59 PMSent by: 69.80.249.131

Again, we are responding to complaint # [redacted] and would like to Thank you for allowing us to respond once again. Reviewing again from the prior response: the contract, the bid sheet and the construction build plan all do not show deck jets as part of the contract price that was agreed and approved by Mr. [redacted] by his signing of the contract.. The contract serves as TradeMark Pool and Spa's agreement between client and build team, of what our client is purchasing and expecting. It is unfortunate that Mr. [redacted] did not notice that the deck jets were not included on the contract. The purpose of the contract is to avoid conversations such as these. We will acknowledge though, that many times in the swimming pool industry homeowners will meet with a couple of companies to compare estimate and it could be that the deck jets were discussed with another sales representative from another company. TradeMark pool and Spa is not questioning Mr. [redacted]'s integrity or honesty and this is an unfortunate circumstance that they (deck jets) were not included on the contract, therefore not installed during the pool build. However, TradeMark Pool and Spa in good faith did have three yards of dirt delivered to Mr. [redacted]'s home several weeks ago and leveled it out in hopes to maintain a good relationship with him.If Mr. [redacted] would like to have deck jest added to his added to his build we can absolutely give him an estimate to do so.Sincerely,[redacted]/Owner

I am rejecting this response because: As represented in their statement there were numerous disconnects during my pool installation project. I never once had a face to face on site meeting with my site manager; so that he could explain and address my concerns during the various construction phases. If this had happened as was agreed upon when I signed the contract we would not be writing the response. I am veteran of 25 years and have worked very hard for all that I have achieved. I sat down at the Trade Mark Pool office and Myself and [redacted] when over all of desired features. I stressed the deck jets for my grand daughter because she likes to run through them. I am a honorable man and would not take too these measured if the agreed upon contract had been executed correctly. The fact that [redacted] neglected to include the deck jets on the contract was an error on his part, and being that we had just discussed it; I failed to notice that he had neglected to document the deck jet on the schematic. And as I stated earlier in this rebuttal, had he ([redacted]) made met with me the consumer this could have been avoided. I am extremely disappointed in the service I have received from trademark Pools. They did not hold up there part of the contract. The area around my pool still requires leveling out from the soil removal. I was never instructed by any worker to turn off water to my home when they departed for the day, and left the water flowing.