Merlin Industries, Inc.

We have provided evidence in support of our claim that the damage to the product is not related to any defect and is related to how the spa is being used and or maintained. This evidence includes pictures of both products used by the consumer as well as pictures of an undamaged product for comparison. We have no need for a site inspection as the photos provided of both products indicate what has happened to the product. Our opinion and decision is based on years of manufacturing and experience within this industry and a manufacturing history of thousands of products in the field without this type of damage. As in all cases of consumer complaints we are always open to trying to work with our dealer to resolve the complaint, however in this case we have already replaced the product once as a courtesy to our dealer and cannot do that again

Complaint: ***
I am rejecting this response because: As I previously stated.....the original cover on the spa lasted over 10+ years with no damage. Now the new one (s) cannot even last over a year. Does that tell you something about their product? I still maintain that the zipper was defective and stand by that claim.
Regards,
*** ***

We have looked through our records and have found pictures of the original cover made in and also a picture has just been sent in for the replacement cover we made as a courtesy in 2016. The customer is claiming that both covers had a “faulty” zipper. I hope you will see from the
attached annotated pictures of both spa covers as well as photos of a new spa cover that this is far from the truth. Both spa covers have been heavily damaged by either water chemistry or ozone exposure to the point where the zippers have literally been oxidized away and the material of both the top and bottom of the cover skins have been damaged as well. I am also attaching our care instructions which talk about how to avoid this type of damage. The original cover purchased in was replaced by our company as a courtesy to *** *** only in 2016. The damage to the cover was not due to any "faulty" zipper

[A default letter is provided here which indicates your acceptance of the business's response. If you wish, you may update it before sending it.]
Revdex.com:
We have been told that it is not groundwater behind the liner, as the pool sits on higher groundAlso, when we are continuously filling the pool with hose water after a new liner has been installed, one would come to the conclusion that there is a leak in the linerWe have had several pool companies come out and state that this is most likely the issueHowever, we are open to whatever the issue may beWhat is discouraging is that after speaking with Merlin Industries, they brushed off the complaint and told me it wasn't a leakThis is after spending over $4,in for new liner/labor.You say that the installer will be out to the house at the end of the week, however, we told you we did not want to do business with them going forward, as they are unreliable and untrustworthyI guess we will make an exception, if they actually do decide to show upOtherwise I am calling a more reliable pool company
Regards,
*** ***

The email which the consumer received a day after her second complaint, was filed with the Revdex.com the day after our first response to this complaint which is why it stated that in the interest of resolving the issue we would not resind the offer made the day prior The pictures were provided by *** *** *** Immediately upon receipt of the pictures we responded properly through the Revdex.com to inform the consumer that if not addressed the issue would reoccur with a new cover This response which apparently the Revdex.com never forwarded to the consumer was sent long before the consumer accepted our resolution and the complaint was closed To help decrease the cost of the replacemt cover, we deducted the cost of cover springs because there was nothing wrong with the original cover springs The re is an issue on the pool site which is resulting in the melting of the cover material The cover is not "shredding" The cover is not defective As the consumer has chosen to resolve their issue using the Revdex.com, it is our policy is to make all contact with the consumer through the Revdex.com which is why I did not call her back

According to consumer's pool contractor, the damage to the pool cover which the consumer calls "shredding" was thought to be burns in the cover material not any type of warrantable damageNeither the consumer nor the pool contractor has record of notes that the cover should be replaced under
warrantyIn the interest of resolving the complaint we will offer a replacement cover directly to the consumer under the terms of the pro-rated warranty provide at time of purchase regardless of the information we have been providedThe current retail cost of the pool cover is $The pro-rated replacement cost to the consumer is $This cost does not include shipping charges of $Upon receipt and clearance of a check for $we will produce and ship a replacement cover under warrantyPayment for the replacement cover offered under warranty should be sent to Merlin Industries, Inc- *** *** *** *** *** - Hamilton, NJA copy of this correspondence should be included with payment

The cover has been inspected and repairs have been discussed. We will repair the area noted via photo by the consumer. The repairs will be completed and the cover will be ready for pickup after 10-3-2016. We are open from 9am till 3pm for pickup. Please reference RGA number
*** when picking up. We apologize for the inconvenience to the consumer. Normally all of this would have been handled by their installer. As a manufacturer not a retailer, we do not normally deal with the end user

The spa cover in question was purchased from us by *** ** *** in October of 2013. In September of 2014 we were notified of an issue pertaining to the handle of the spa cover. The cover was sent back to us for repair in January of and was repaired at no charge and
returned. Regardless, Merlin Industries, Inc. will refund the cost of what our customer, *** ** ***, paid to us for the cover in question. This refund will be issued to *** ** ***. The final refund provided to the complainant must be determined between *** ** *** and the complainant

Complaint: ***
I am rejecting this response because:
Clearly, these photos are straight off the internet and not, as I said before, of my cover. As I said to *** on 11/6, you may say you have photos, but they won't be of my cover. *** would not respond to our complaints back to December, 2013. All of sudden on 9/*** comes up with two photos, when they wouldn't even call me backAfter contacting Merlin Customer Service numerous times, all they were interested in were photos. When I tried to speak with a Supervisor, Sales Manager, the President at Merlin, I was given the run around and I still am getting the run around. If *** supposedly had photos and provided them to Merlin on 9/25, where did they come from and why did they avoid my phone callsIf *** supposedly told Merlin the sun melted the cover on September 25, why was I not made aware of this by either *** or Merlin? And furthermore, if your warranty doesn't cover "melting by the sun" why did you replace the cover under your warranty? Merlin responded about "the window" and "melting" on 11/6/after the second cover shred. Our pool was closed by *** on 10/31/with the new cover. If Merlin and *** believe the sun melted the cover, why was I kept in the dark? Merlin's invoice clearly states springs ordered and shipped with no dollar/credit amount shown. I believe the decision not to ship the springs was deliberate. This may be why Merlin has been in business for years.
Regards,
*** ***

Typically wrinkles which develop in a pool liner occur for two reasons. One is a water table issue where a pool liner will float due to water pressure underneath the liner. The second cause for wrinkles is water chemistry. Low pH will cause a vinyl liner to absorb water and wrinkle
up on itself. Typically a concentration of low pH will occur when pool shock is allowed to rest either undissolved or un-circulated on the bottom of the poolHigh concentrations of chlorine have a very low pH. These wrinkles tend to be tight or located close together whereas water table wrinkles tend to be larger and further apart or in a spider web like pattern. We would trust that Sun & Fun is correct in their assumption but would be glad to confirm if the pool owner would send some pictures of the issue. Damage like this is not covered under warranty as it is not within our control nor is it a defect in the materials used to produce the liner. Please see the attached warranty for reference

We have already remade the cover once as a courtesy to *** ***We find it unfortunate that neither *** *** or the consumer understands that this is not a matter of faulty materials or workmanship. We are pointing out the chemical damage of the cover materials (Marine grade vinyl, pvc bottom material and even the blue poly vapor wrap) as proof that the zipper damage is a result of the same. We are not avoiding our responsibility to honor our warranty. This damage is clearly not warrantable damage. Please see attached warranty

Complaint: [redacted]
I am rejecting this response because:  They never came out to look at the faulty zipper.  That is where it came apart.  They are using the excuse that it is chemical damage.If in fact their cover is subject to chemical damage they should make the cover to withstand chemicals as it is absolutely necessary to add chemicals to a hot tub.  As I stated in previous correspondence with you, our lst cover lasted over 15 years with no damage and it came with the original hot tub.  As this supplier stated, they already replaced the lst cover from ** [redacted].  Contact ** [redacted].  They are in the business and they said that their excuse for chemical damage is unfounded.
Regards,
[redacted]

A credit was issued by Merlin to the distributor that the product was purchased from on 11-17-2017.  This credit was to cover costs of the replacement liner as well as addition compensation afforded by our Pool Concierge warranty program.  [redacted] should contact [redacted]...

to discuss credit amount.

Upon receipt of Revdex.com complaint we reviewed our records in regards to the provided serial number.  The swimming pool liner was purchased in June of 2008 not 2010 making this its 7th pool season.  The attached email was received on 5-13-2015 providing the serial number but no attached picture...

of the damage as requested.  The damage to the liner is described in the complaint as a random hole.  Our warranty, also attached, provides warranty coverage for defects in material or workmanship on a pro-rated basis.  Although we have not been provided an image of the damage and we feel that the damage is most likely not due to a material or manufacturing defect as these tend to happen immediately upon filling the pool due to the amount of pressure that the pool water will apply to the liner.  In order to provide a resolution to this complaint, Merlin will offer a new liner under the terms of the warranty regardless of cause.  The current retail price of the liner is $2336.40.  The pro-rated warranty cost provided as a courtesy is $1401.84.  The warranty provides for discounted coverage of the liner cost only, installation and any other associated costs are the responsibility of the pool owner.  In order for Merlin to process an order for the courtesy replacement of the liner, pool owner should send a check in the above pro-rated amount (1401.84) along with a 20 mil pattern choice to Merlin Industries, Inc. - [redacted]  A copy of this correspondence should also be included.  Upon clearance of funds Merlin will manufacturer the replacement liner within 5 to 7 business days.  Due to the weight of the liner, it must be shipped via LTL carrier and cannot be sent [redacted] or [redacted] Merlin will include shipping to a business address which must me provided at time of order.

I received the replacement pool cover, minus the brass pop ups and springs. 
My pool contractor, [redacted], closed and covered the pool on Friday, October 31, 2014.  We had a rain storm all weekend, from late Friday night to late Sunday afternoon.  On Monday, November 3, 2014 after returning home from shopping I looked out one of my windows overlooking the pool and noticed the new cover had shredded in the same fashion as the first one.  I called Merlin Industries around 3:30 and left a voice mail with [redacted].  I then contacted [redacted] and spoke with **.  I told him what had happened and that I had left a message with ** to call me back.  ** told me he would call [redacted] at Merlin and he would call me back on Tuesday the 4th. 
Late Tuesday, I contacted [redacted] and spoke with [redacted] and gave her all the information.  She was very apologetic, but knew nothing of the new problem.  She was going to get in touch with **, who was out on the road and get back to me.  She explained that the owner of the company was not in the office this week and was away, returning next week.  I opened my email up this morning to find your email with regards to a new message from Merlin.  I never sent any photos to Merlin.  In the message the company states that I have "a window" that overlooks the pool area and the sun must reflect off the window onto the cover, thereby "melting it".  My husband said
[redacted]'s technician on Friday the 31st was wondering if this was the problem.  My husband dismissed his query. 
My house overlooks a wide river.  We have three levels of windows across the this side of the house, the basement, first floor and second floor.  If the sun "melted" the first cover, it would have damaged all nine sections.  I believe there are two sections shredded with a third about to shred.  This cover lasted five plus years; it did not last through the sixth winter.  The replacement cover lasted all of 10 hours of sunshine from Friday and Monday and disintegrated in one section. 
 I called [redacted] today after reading the message from the Merlin.   I told [redacted] that the message from Merlin sounded like the tech's thinking on Friday and that I don't have "one" window and the sun couldn't have shred the new cover.  If this was the case the first cover wouldn't have lasted as long as it did and all nine sections would have shredded on both covers.  [redacted] agreed.
I find it very strange that Merlin would respond to a closed Revdex.com complaint a day after I reported the condition of the second cover.    Also, Merlin stated that they would not "rescind the offer".  Hardly, would the offer be rescinded when the replacement cover had already been manufactured and shipped.
[redacted] has been in business since 1972.  They recommended Merlin's SmartMesh cover as the best pool cover. 
I have attached the invoice from Merlin.  If I was getting a new cover, the springs should have been on the new cover.  My husband shouldn't have had to take the springs off the old cover in order to attach the new cover to the concrete deck.
My home phone is [redacted] should you need it.  I hope we can get this resolved once and for all.

Claims that we are experiencing issues with our liners due to folds during storage are false.  Liners are custom made for each individual order as every pool is different in dimension and not stored or sent off a shelf.Regardless of the pool owners experience with maintaining a swimming pool, based on the pattern of the damage to the liner which is not consistent or all over and most of the damage located near the edge of the pools where chemicals are added, this typically indicates that the fading or discoloration of the liner is due to improper addition of chemicals or chemicals not designed for use with vinyl lined pools.Although we have determined that the damage to this liner is not covered under the terms of the warranty, we have made two offers under the terms of the warranty to resolve this situation.  One on June 26th via email and the one made through the Revdex.com complaint.

Complaint: [redacted]
I am rejecting this response because:
I received your email of today, 11/17/14.  I didn't realize there was a response from Merlin with your email of 11/6/14.  [redacted] did not send photos of my pool cover.  I had emailed you a service order of May 16, 2014 from [redacted] stating "Will not sign another service contract until cover is replaced for 0".  If they had taken any photos, this situation would have been cleared up in August when I first notified Merlin of the problem.  Instead it dragged on after numerous phone calls until I made a complaint with the Revdex.com.  Also, the invoice I emailed to you clearly shows 16 springs and pop-ups were shipped.  It didn't show a credit for these items not being shipped. 
I contacted [redacted] about Merlin's response to the Revdex.com of 11/5/14.  [redacted] told me that they had informed Merlin about "the window" and that they had sent the photos to Merlin.  I replied to [redacted] that the photos weren't of my cover and "the window" didn't shred the cover.  Needless to say, I caught [redacted] in a few lies and it looks like Merlin & [redacted] are in cahoots with one another.  [redacted] vowed they would email me the photos.  It's 11/17/14 and I'm still waiting to see them.  Nothing further will be had from Merlin, but their email to you clearly is a lie.
Thank you,
[redacted]
Regards,
[redacted]

Complaint: [redacted]
I am rejecting this response because:Merlin Industries at no time offered to send a new liner as a courtesy. This liner started fading one month after it was installed. Again, I have had this pool for 15 years and am well aware on how to maintain it. Upon installation of this pool liner, I continued to follow those same procedures as I had the previous 13 years and was trained to do so by [redacted] at the time of installation of said pool. I also made a trip to the local [redacted] location to discuss this matter, only to be told by the salespeople there that they did have a problem with a run of their liners where they faded out and had creases due to being folded and in storage, but they were suppose to have gotten that issue taken care of.In addition, no one, not a single person reached out to me to offer anything after asking for the photos. The representative of Merlin Industries, Patrick H[redacted] did not return 4 documented emails, nor did he return 3 phone calls over a period of time concerning this matter. Also, Vice President Jim Z**l was contacted by phone by myself and the person who took the call said he was in to hold on and than came back on the phone saying Mr. Z[redacted] was busy and would have to call me back. To this day, as Mr. H[redacted] said would be the case, Mr. Z[redacted] has not returned my call. I obviously received a faulty liner. After documenting this problem and contacting [redacted] with concerns one month after liner was installed, I truly feel that it is an injustice that I should be obligated to pay and incur the costs a second time for the replacement liner and the re-installation and refill of my pool.
Regards,
[redacted]

[A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and find that this resolution is satisfactory to me.
[redacted]

According to consumer's pool contractor, the damage to the pool cover which the consumer calls...

"shredding" was thought to be burns in the cover material not any type of warrantable damage. Neither the consumer nor the pool contractor has record of notes that the cover should be replaced under warranty. In the interest of resolving the complaint we will offer a replacement cover directly to the consumer under the terms of the pro-rated warranty provide at time of purchase regardless of the information we have been provided. The current retail cost of the pool cover is $1195.20. The pro-rated replacement cost to the consumer is $609.97. This cost does not include shipping charges of $85. Upon receipt and clearance of a check for $690.97 we will produce and ship a replacement cover under warranty. Payment for the replacement cover offered under warranty should be sent to Merlin Industries, Inc. - [redacted] - Hamilton, NJ. A copy of this correspondence should be included with payment.