Backyard Leisure, LLC

***Document Attached [redacted] I received an estimate of the cost to correct the concrete issues without tearing it all outPer the estimate the cost includes filling the pop outs (there are dozens more since the start of this claim), placing additional joints ( because according the concrete contractor the larger areas of concrete should have had joints (the smaller areas poured are fine as far as joint placement is concerned)), and refinishing the surface so that it looks like new concrete should look and so that the salt doesn't deteriorate the current concreteThe proposal is attached and I would like for Backyard Leisure to pay for this expense as well as having someone look at the slide as they previously offered to do in order to close this claimHaving these repairs completed will fix the concrete to my liking as previously offered by Mr*** Thanks, [redacted]

Contact Name and Title: Nathan S [redacted] Manager Contact Phone: [redacted] Contact Email: [redacted] @gmail.com To Whom it may concern: Backyard Leisure does not plan on taking any additional action involving the concrete or slide installed for Mrs***We say this for many reasons: Our contract signed by Mrs [redacted] specifically states "Seller makes no warranty concerning concrete decking, which may be part of the concrete purchaseLikewise, the seller shall have no responsibility whatsoever for replacement or repair of any concrete decking" Although our contract has the above stipulation we called [redacted] (the concrete provider and concrete expert) and arranged a meeting with our company as well as with Mrs [redacted] to take a look at the concreteThey said that the concrete was mixed and batched correctly, installed correctly, and surfaced correctlyHe said due to the nature of concrete as a medium that variations and pitting are possible and that what he saw at Mrs***s home certainly fell within acceptable standards Mrs [redacted] has been trying to get us to provide a stain and sealer from the beginning at no costWe told her we would be more than willing to do it but, that there would be a cost to her associated with thatShe insisted that in her opinion we should provide it for free or throw it inI believe this is just more efforts from Mrs [redacted] to have us do something for nothing As far as the patching that was preformed, that was done so at her request and Mrs [redacted] was informed that it would contribute to discoloration but, she wanted it anywayWe did so in an effort to make Mrs [redacted] happy She had [redacted] come out and provide her a letter that said in his opinion he thought she needed a sealer applied to the concreteAgain, something we told her we would do but not for free like she has suggested since before we even poured concrete at her homeWe asked her to set up another meeting with [redacted] (At our expense if necessary) so that we could be there and see what he had to say and she informed us that he was too busy The slide is installed in a manner that will have no negative affect on the slide, manufacturer's warranty, and is installed in a clean good looking mannerWe could get a representative out to look if she needed that as peace of mind Thank You, Nate S [redacted] Manager

Very professional, and quick to fix any problems or complications we hadWe love our new pool!

Initial Business Response / [redacted] (1000, 5, 2016/05/14) */ Contact Name and Title: Nate S***, Store Manager Contact Phone: [redacted] Contact Email: [redacted] @gmail.com On 1/11/the [redacted] purchased a spaOn their invoice you can see they never paid $dollars to have their spa movedThey were told that Backyard Leisure would move their spa, during their year manufacturer warranty, for $This move would follow the same standards as their original deliveryOn the spa delivery/installation form that the [redacted] signed at the time of purchase it clearly states the parameters of milesThat does not cover the entire state of North CarolinaHad they agreed the total price for to move the spa would have been $($for move, $for mileage)They had it moved for $which is very close to what Backyard Leisure would have chargedThe electrical is never handled by Backyard LeisureThat is to be performed by an electrical contractor of the customers choosingThe [redacted] are well aware of this as they hired an electrician to wire their tub after purchaseSo Backyard Leisure fails to understand how they could be asking for compensationMrs [redacted] contacted the store and had an exchange of phone callsShe called MrM [redacted] once and left one voicemailThese types of situations are handled by the staff in the store, and not by one of the ownersMr [redacted] emailed us on 4/22/and stated that if we did not respond to their request of $compensation by 4/25/they would file a Revdex.com complaint, a NC Attorney General complaint, post unfavorable [redacted] reviews, as well as [redacted] online Backyard Leisure never received any money for a hot tub move from the [redacted] nor did they enter into a contract to do soWe do not understand why they are seeking reimbursement for money they never paid to us Initial Consumer Rebuttal / [redacted] (3000, 7, 2016/05/20) */ (The consumer indicated he/she DID NOT accept the response from the business.) We understand that we never paid Backyard to move the spa in advanceBackyard employee Nate told us repeatedly that we could have the spa moved anywhere in NC for $We are not asking for $in mileage, only the $we spoke ofWe will not be satisfied until Backyard reimburses us the $300, which we would have paid them if we moved within milesWe were not made aware of the "mile " limit verbally or at the time of the sale Final Business Response / [redacted] (4000, 9, 2016/06/05) */ On 1/11/the [redacted] purchased a spaOn their invoice you can see they never paid $dollars to have their spa movedThey were told that Backyard Leisure would move their spa, during their year manufacturer warranty, for $This move would follow the same standards as their original deliveryOn the spa delivery/installation form that the [redacted] signed at the time of purchase it clearly states the parameters of milesThat does not cover the entire state of North CarolinaHad they agreed the total price for to move the spa would have been $($for move, $for mileage)They had it moved for $which is very close to what Backyard Leisure would have chargedThe electrical is never handled by Backyard LeisureThat is to be performed by an electrical contractor of the customers choosingThe [redacted] are well aware of this as they hired an electrician to wire their tub after purchaseSo Backyard Leisure fails to understand how they could be asking for compensationMrs [redacted] contacted the store and had an exchange of phone callsShe called MrM [redacted] once and left one voicemailThese types of situations are handled by the staff in the store, and not by one of the ownersMr [redacted] emailed us on 4/22/and stated that if we did not respond to their request of $compensation by 4/25/they would file a Revdex.com complaint, a NC Attorney General complaint, post unfavorable [redacted] reviews, as well as [redacted] online Backyard Leisure never received any money for a hot tub move from the [redacted] nor did they enter into a contract to do soWe do not understand why they are seeking reimbursement for money they never paid to us We try to attempt to satisfy ever customer but, there are times when a customers expectation exceed what would be considered reasonable giving the material and nature of the jobThis appears to be one of those situations Final Consumer Response / [redacted] (4200, 11, 2016/06/07) */ (The consumer indicated he/she DID NOT accept the response from the business.) We would not be asking for the $reimbursement if Backyard had agreed to move it for the $in the first placeWe even offered Nate $due to the distanceHe called back and said the price would be "astronomical" to move it and did not quote any price whatsoeverThat is the reason we had to get somebody elseThey never quoted us anything at the time of the moveThe only thing they did do was refuse to move it for $By the way, I see in their response that most issues "are handled by the stores"Well, when they don't is why we called the owner and still never got a call backWhat kind of service is that? , when an owner refuses to call a customer back?? We want $reimbursement as a partial settlementThanks!

I love my hot tub! Had it almost a yearBackyard Leisure has the best customer service that I've seen in a long time! I will continue to recommend them and continue to use them myself! The are delightful to work with!!

We have spoken with the customer in this complaint and come to a resolution. We were asked to find a leak on a pool that we did not sell and patch it if possible. We were unable to find the leak. We have issued the customer a full refund for the amount paid.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and I accept it

Initial Business Response /* (1000, 5, 2016/05/15) */
On 5/14/Backyard Leisure went to the Galvin's and replaced the stepsThis issue has been resolved to the customer's satisfaction
Initial Consumer Rebuttal /* (2000, 7, 2016/05/23) */
(The consumer indicated he/she ACCEPTED the
response from the business.)
The steps were replaced and the the job completed

In response to case number
In response to Mrs *** most recent statement, We stand on our positionyes Mrs*** does agree that in her contract the warranty clearly states that concrete is not warrantied
She states that we said "Mrs*** I know you're waiting, but trust that we will fix your concrete to your liking." This comment is being taken out of context and was made to inform Mrs*** that we intended on fixing the concrete related to the slide and make sure the pool slide was within manufacturer specifications
Regarding the sealant, Mrs*** statement about the sealant is inaccurateShe was told that the concrete needed to cure for a year before sealant should be appliedOnly then would the sealant properly adhere to the concrete
Backyard Leisure did offer to pay for a return visit with *** as well as having a representative of Backyard Leisure present during this meetingMrs*** was responsible for setting up this meeting as she personally knew an agent of *** The meeting was never set up by Mrs***
The slide is assembled within manufacturer specifications and is fully functionalIt is also assembled within manufacturer guidelines in order to maintain its full warrantyIf it would put Mrs*** at ease we would be able to provide her a written statement to that effect from the slide provider
As far as her engineer saying the that the job was concrete was done poorly, the only thing provided by him stated that the concrete would require a sealantWe had a representative from *** *** out at Mrs*** homeThis would be a true expert when it comes to concrete and he said that the concrete was poured correctly and he had all of the batch out reports that show the concrete was mixed and batched correctlyIt is unfortunately for minor pitting and even crack to occur on any concrete decking
We have been down many roads on this with Mrs***Our goal is to attempt and satisfy ever customer but, there are time when a customers expectation exceed what would be considered reasonable giving the material and nature of the jobThis appears to be one of those situations
Sincerely,
Nate S***
Backyard Leisure
Spas, Pools, & Billiards
***
www.spapoolbilliards.com

[redacted]Document Attached[redacted]
I received an estimate of the cost to correct the concrete issues without tearing it all out. Per the estimate the cost includes filling the pop outs (there are dozens more since the start of this claim), placing additional joints ( because according the concrete contractor the larger areas of concrete should have had 2 joints (the smaller areas poured are fine as far as joint placement is concerned)), and refinishing the surface so that it looks like new concrete should look and so that the salt doesn't deteriorate the current concrete. The proposal is attached and I would like for Backyard Leisure to pay for this expense as well as having someone look at the slide as they previously offered to do in order to close this claim. Having these repairs completed will fix the concrete to my liking as previously offered by Mr. [redacted].
Thanks,
[redacted]

Good Morning, We contacted the slide manufacture again. They are stating they will not send a letter, for the following reasons: 1.) The slide is well outside of the warranty. 2.) Had the slide been install incorrectly, the customer would have experienced a dramatic failure within weeks. 3.) The water connection is a suggestion. Different installations require different methods of connection.  Reasons we will not be entering into arbitration: This pool is over 3 years old. Our labor warranty expired 2 years ago. The only part of the pool still under warranty is the liner and that is pro-rated. The engineer she hired,that said the concrete was not correct, has never returned any of our calls, or offered any further explanation for his findings.  The company who mixed the concrete and delivered it, showed Mrs. [redacted] the batch sheets, to verify the mixture. He also stated the finish was done correctly. We went through the discovery phase with Mrs. [redacted]s lawyer. She found nothing to pursue litigation. We offered resolutions to Mrs. [redacted]. Some she accepted, but continued to lodge complaints.   At this point we ask that you close the case. Mrs.[redacted] has produced nothing but a letter, from a company that won't explain their findings. I wish I could get a letter from the slide company, but I understand why they won't. Because it really doesn't make sense.  It is like asking Ford to give you a letter stating that your car was assembled correctly. If your car broke, they would fix it. The slide works, always has. She had a leak at a seam, after initial installation. We tightened 3 bolts and it stopped. I appreciate your time. We value the service your company provides. We try to accommodate all our customers requests,  but sometimes you just can't make them happy.    Thank You, Alan M[redacted]

Initial Business Response /* (1000, 5, 2016/05/14) */
Contact Name and Title: Nate S[redacted], Store Manager
Contact Phone: [redacted]
Contact Email: [redacted]@gmail.com
On 1/11/2015 the [redacted] purchased a spa. On their invoice you can see they never paid $300 dollars to have their spa moved. They...

were told that Backyard Leisure would move their spa, during their 5 year manufacturer warranty, for $300. This move would follow the same standards as their original delivery. On the spa delivery/installation form that the [redacted] signed at the time of purchase it clearly states the parameters of 50 miles. That does not cover the entire state of North Carolina. Had they agreed the total price for to move the spa would have been $700 ($300 for move, $400 for mileage). They had it moved for $600 which is very close to what Backyard Leisure would have charged. The electrical is never handled by Backyard Leisure. That is to be performed by an electrical contractor of the customers choosing. The [redacted] are well aware of this as they hired an electrician to wire their tub after purchase. So Backyard Leisure fails to understand how they could be asking for compensation. Mrs. [redacted] contacted the store and had an exchange of phone calls. She called Mr. M[redacted] once and left one voicemail. These types of situations are handled by the staff in the store, and not by one of the owners. Mr. [redacted] emailed us on 4/22/2015 and stated that if we did not respond to their request of $300 compensation by 4/25/2015 they would file a Revdex.com complaint, a NC Attorney General complaint, post unfavorable [redacted] reviews, as well as [redacted] online.
Backyard Leisure never received any money for a hot tub move from the [redacted] nor did they enter into a contract to do so. We do not understand why they are seeking reimbursement for money they never paid to us.
Initial Consumer Rebuttal /* (3000, 7, 2016/05/20) */
(The consumer indicated he/she DID NOT accept the response from the business.)
We understand that we never paid Backyard to move the spa in advance. Backyard employee Nate told us repeatedly that we could have the spa moved anywhere in NC for $300. We are not asking for $400 in mileage, only the $300 we spoke of. We will not be satisfied until Backyard reimburses us the $300, which we would have paid them if we moved within 50 miles. We were not made aware of the "50 mile " limit verbally or at the time of the sale.
Final Business Response /* (4000, 9, 2016/06/05) */
On 1/11/2015 the [redacted] purchased a spa. On their invoice you can see they never paid $300 dollars to have their spa moved. They were told that Backyard Leisure would move their spa, during their 5 year manufacturer warranty, for $300. This move would follow the same standards as their original delivery. On the spa delivery/installation form that the [redacted] signed at the time of purchase it clearly states the parameters of 50 miles. That does not cover the entire state of North Carolina. Had they agreed the total price for to move the spa would have been $700 ($300 for move, $400 for mileage). They had it moved for $600 which is very close to what Backyard Leisure would have charged. The electrical is never handled by Backyard Leisure. That is to be performed by an electrical contractor of the customers choosing. The [redacted] are well aware of this as they hired an electrician to wire their tub after purchase. So Backyard Leisure fails to understand how they could be asking for compensation. Mrs. [redacted] contacted the store and had an exchange of phone calls. She called Mr. M[redacted] once and left one voicemail. These types of situations are handled by the staff in the store, and not by one of the owners. Mr. [redacted] emailed us on 4/22/2015 and stated that if we did not respond to their request of $300 compensation by 4/25/2015 they would file a Revdex.com complaint, a NC Attorney General complaint, post unfavorable [redacted] reviews, as well as [redacted] online.
Backyard Leisure never received any money for a hot tub move from the [redacted] nor did they enter into a contract to do so. We do not understand why they are seeking reimbursement for money they never paid to us.
We try to attempt to satisfy ever customer but, there are times when a customers expectation exceed what would be considered reasonable giving the material and nature of the job. This appears to be one of those situations.
Final Consumer Response /* (4200, 11, 2016/06/07) */
(The consumer indicated he/she DID NOT accept the response from the business.)
We would not be asking for the $300 reimbursement if Backyard had agreed to move it for the $300 in the first place. We even offered Nate $400 due to the distance. He called back and said the price would be "astronomical" to move it and did not quote any price whatsoever. That is the reason we had to get somebody else. They never quoted us anything at the time of the move. The only thing they did do was refuse to move it for $300. By the way, I see in their response that most issues "are handled by the stores". Well, when they don't is why we called the owner and still never got a call back. What kind of service is that? , when an owner refuses to call a customer back?? We want $300 reimbursement as a partial settlement. Thanks!

We have spoken with the customer in this complaint and come to a resolution.  We were asked to find a leak on a pool that we did not sell and patch it if possible.  We were unable to find the leak.  We have issued the customer a full refund for the amount paid.

(The consumer indicated he/she DID NOT accept the response from the business.)
Thank you for the additional information. My response to Backyard Leisure corresponds with each of their numbered points of discussion.
1. This statement is false. In looking at the date of the email that discuses fixing the concrete to my liking, it is clear that this was in reference to the problems with chipping and cracking of the concrete. In addition there are several emails prior to this one that reference exactly what we were referring to and it had nothing to do with the concrete for the slide. If Backyard Leisure needs a reminder I have copies of all emails with available timelines.
2. Again, total falsehood. If Backyard Leisure has documentation of this recommendation or suggestion please send it to me. I sent a letter to Backyard Leisure summarizing the conversation I had with Alan and [redacted]. I asked them to let me know if I missed anything. They never made any "editions" to the email or included any follow up statements regarding the sealant.
3. Again, lies. Backyard asked to meet with [redacted] but I was not willing to pay for an additional visit. The engineer advised that he would speak to Backyard via phone without charge. If Backyard truly needed to speak with [redacted] all they had to do was call them. Again the engineer was willing to speak with them by phone. This information was given directly from me to Alan via our phone call before the visit.
4. Yes, I would much appreciate a letter from the slide manufacturer saying the slide is built to specs and that the warranty has not been effected.
5. This statement references the report from [redacted]. Did Backyard Leisure not receive the report from [redacted]. He was very specific about why the concrete is having problems including pitting and dusting. If Backyard needs this report I am happy to send it. [redacted] actually works with [redacted] and inspects their concrete. I am confident that there was no problem with [redacted]. The problem was with the finish that was completed by Backyard Leisure. The professional engineering report from Mr. [redacted] is very clear about this.
I agree that we have been down many roads. We will continue to go down more roads until Backyard Leisure owns up to their less than satisfactory job on my concrete and the building of my slide. I have evidence in the form of photos, videos and professional reports to support my claim. I have seen no evidence to support Backyard Leisure's claims. They continue to make false statements. They know they created problems, otherwise why make repairs on work that they contracted not to repair, thereby opening the door to repairs. They also didn't follow through on promises made outside of the concrete and slide.
I am not unreasonable. I simply want the quality work that I paid for. I'm certain that if the employees of backyard leisure spent over $30,000 on a product/service they would expect it to be completed satisfactorily. The expectation of a job well done is reasonable.
Thank you,
[redacted]

Contact Name and Title: Nathan S[redacted] Manager
Contact Phone: [redacted]
Contact Email: [redacted]@gmail.com
To Whom it may concern:
Backyard Leisure does not plan on taking any additional action involving the concrete or slide installed for Mrs. [redacted]. We say this for many reasons:
1. Our...

contract signed by Mrs. [redacted] specifically states "Seller makes no warranty concerning concrete decking, which may be part of the concrete purchase. Likewise, the seller shall have no responsibility whatsoever for replacement or repair of any concrete decking".
2. Although our contract has the above stipulation we called [redacted] (the concrete provider and concrete expert) and arranged a meeting with our company as well as with Mrs. [redacted] to take a look at the concrete. They said that the concrete was mixed and batched correctly, installed correctly, and surfaced correctly. He said due to the nature of concrete as a medium that variations and pitting are possible and that what he saw at Mrs. [redacted]s home certainly fell within acceptable standards.
3. Mrs. [redacted] has been trying to get us to provide a stain and sealer from the beginning at no cost. We told her we would be more than willing to do it but, that there would be a cost to her associated with that. She insisted that in her opinion we should provide it for free or throw it in. I believe this is just more efforts from Mrs. [redacted] to have us do something for nothing.
4. As far as the patching that was preformed, that was done so at her request and Mrs. [redacted] was informed that it would contribute to discoloration but, she wanted it anyway. We did so in an effort to make Mrs. [redacted] happy.
5. She had [redacted] come out and provide her a letter that said in his opinion he thought she needed a sealer applied to the concrete. Again, something we told her we would do but not for free like she has suggested since before we even poured concrete at her home. We asked her to set up another meeting with [redacted] (At our expense if necessary) so that we could be there and see what he had to say and she informed us that he was too busy.
6. The slide is installed in a manner that will have no negative affect on the slide, manufacturer's warranty, and is installed in a clean good looking manner. We could get a representative out to look if she needed that as peace of mind.
Thank You,
Nate S[redacted]
Manager

(The consumer indicated he/she DID NOT accept the response from the business.)
Why I do not accept their response
1. I agree, the original contract does state that the company does not warranty or repair/replace the concrete. However I have an email from the manager on 7/21/15 stating: "Ms [redacted] I know your waiting but trust we will fix your concrete to your liking." In addition they did agree to make repairs as evident by their statement about patching the holes in the concrete. Suddenly deciding not to make any more repairs because they've changed their minds is bad faith.
2. Regarding the sealant: This issue was put to rest when Alan of Backyard and [redacted] came out and stated the sealant would not be effective because the surface of the concrete is uneven and therefore may not adhere evenly to the surface. I am not interested in a sealer being placed on the concrete
3. Responses number "5" and "6" seem to be directly copied from a previous letter from Backyard. Again, Backyard did not offer to pay for a follow up visit from [redacted].
4. The slide being installed in a "clean and good looking manner" does not indicate it was built to specifications per the manufacturer. Had it been build correctly there would not be leaks that required repairs by Backyard Leisure, the tubing would not be visible and the bolts for the base of the slide would be built in a way the the plastic covers would fit over them. There is really no argument here. The installation manual is very clear and available online to document how the slide should be installed.
5. Bottom Line: Concrete was done poorly and now it's breaking apart. [redacted] and [redacted], Engineer) Engineering can validate this fact. Backyard Leisure should take responsibility for this, as they said they would.

I love my hot tub! Had it almost a year. Backyard Leisure has the best customer service that I've seen in a long time! I will continue to recommend them and continue to use them myself! The are delightful to work with!!

Very professional, and quick to fix any problems or complications we had. We love our new pool!