Semper Truck Lines, Inc.

***, After the equipment that was damaged due to freezing was thawed, your spa was winterized by usAssuming that is what you meant by “unfroze”, I have not experienced a case where the winterization of a hot tub has ruined its coverFrom our technicians notes I also do not see where we would have added water to the spa after it was initially winterized in February The last we spoke in regards to the hot tub was in August of when we scheduled your pool winterization, you asked us to verify the spa was winterizedAs there was water in the hot tub it required to be re-winterized in order to avoid any additional freeze damage through the winterIn June of we only spoke of getting your pool opened, you made no mention of wanting to repair the hot tubWith your hot tub winterized we left it up to you if/when you wanted to get on the schedule to evaluate the damage of the spa so that you could decide whether or not to move forward with repairFrom our records the only repair you have been billed for was from February 10th 2015, when we found plumbing to be leaking and in poor condition, and it was then replacedSince then no repair has been made, rather we charged you for having us thaw out your hot tub, and for winterizing itFor the service and repair that has been completed on your hot tub I see no reason for any amount to be refunded as none of it has been to repair the plumbing/equipment damaged due to freezing Again, we would be happy to schedule a visit to evaluate the condition of the tub in order to provide you with an estimate of repair Thank you, Alex *** Service Department Performance Pool and Spa *** *** *** ** Oakdale, MN ###-###-#### [email protected]

Initial Business Response /* (1000, 6, 2015/07/24) */
***,
Please see attached documentation in additional to the following response
July 21st
Re: Case ***
*** ***
Ms*** signed her contract for the replacement of a new liner on 5/21, in doing so agreeing to the terms including payment procedurePayment is due at time of completion, thus her card was run after install of liner on 6/In regards to the scheduling of this project, it is our practice to attempt to contact the customer the morning of service but if we cannot reach the homeowner, we proceed with install in an effort to complete the project in a timely mannerWe apologize that we did not reach you before the work was completedIn regards to the fixing of the coping, it was not necessary for us to remove the coping as part of our liner install and was not caused by our techniciansWe refunded the charge for this trip and fixed the copingIn regards to the tear in the liner, we addressed the issue with Ms*** and agreed to patch this without a feeWhen we were asked for her recommendation on how to remedy the situation, she asked that we refund the $and cover the costs to fix the repair, which we didAttached documentation shows that the size of the tear in the liner and how it mirrors the size and shape of a vacuum poleWe do not take responsibility for this tear and agreed to fix this tear as a courtesyIn regards to charging people without their permission, this permission was granted with the signed contract attached ($being both the liner replacement and final bill completion)
In conclusion, we apologize for the inconvenience that our schedule may have causedOur intention is to provide you with the service as fast as possible so you can enjoy your pool in our short Minnesota summers
Kindest regards,
Performance Pool and Spa
Initial Consumer Rebuttal /* (3000, 13, 2015/08/04) */
Sorry for the late responseWe have been in the up North and this is the first time I have been able to connect to the internet
In response to Performance Pool and Spa
In terms of scheduling: We requested an estimated time for when they thought they would do the installation (we never received this estimated date - even an approximate week would have been nice)In terms of them contacting us prior to any of their visits, this never occurredWe never received a phone call, voice mail, email, or any type of contact letting us know they were going to be on our propertyThis included them coming out to our house to repair the tear, which we never even agree to have them doAlso, we were very clear that we wanted to be present when the old linear was going to be removed (we wanted to see the condition of the pool walls - which we now have no idea of there condition)I even told Justin we could be available with one day notice
In terms of charging our credit card: In the contract we signed, it was clear when payment was dueNowhere in the contact does it state that we grant their company authorization to automatically charge our credit card for these paymentsWe gave Justin our credit card over the phone for the downpayment (this was done because when we went to their store to give them the downpayment, the staff member there did not know what to do)At no time during this conversation, where I gave Justin my credit card number, did I agree (or would I ever agree) to grant their company the authority to charge my credit card for these other payments or for whenever they performed work on my poolI especially would never do this since the final payment is all the customer has to ensure the work is done wellThey charged our credit card before we had agreed the work was done to our satisfaction
In terms of the coping: We talked with Justin regarding the coping (before we signed the contract) and he knew they were going to have to install the coping because it was not currently installed (which they would have seen when they came out to measure our pool - which they also did without contacting us)They did the installation of the coping at the time they installed the linear, they just installed it incorrectly (including damaging some of our j channels)So, they came back to fix it (this is when they charged us the $60, again against our credit card without our permission)They did credit us back for this charge, but this was only after I told them I was going to dispute it with the credit card companyAt this time, some of the coping is still not properly installedWe don't want them to do anything about it (since the damage j channel fixing it the first time and either they don't know how to properly install these or don't care about how it was done)We will either correct it ourselves or work with another pool company to fix them
In terms of the tear: Only their staff was near the pool with any type of equipment or tools which would cause this type of tearI'm not sure what the pole is in the pictureOur vacuum pole was stored away from the pool attached to the vacuum headAt no point prior to our initial cleaning, was our vacuum pole in the pool without the head and handle so it couldn't have made the tearAlso because of the company patching the tear without any notice we didn't have a chance to compare the size of the tear to our vacuum pole(In fact, we had called them telling them we wanted to discuss what should be done.) We never authorized them or even discussed with them the possibility for them to come out to our house to do anything regarding this tear
It is possible that the company put a pole into the water to fish out a piece of coping or from a piece of coping falling into the poolWe were planning on doing a more thorough investigation of the tear ourselves (when we came home from work that day), however, they had already come out and patched itSo this ended up in us not being able to do a thorough investigation of the tear ourselvesWe didn't know there was a tear until my husband vacuumed the pool for the first time this seasonAt first glance it just looked like there was some sand on the pool floor and only after my husband tried to vacuum it up and it didn't come clean did he notice that it was actually a tear
Right after they completed the repair, they handed my mom a bill for this unauthorized serviceThe bill stated they were going to automatically charge my credit card for this bill as wellThe only reason it wasn't charged it because I contacted the service department and told them (again) they didn't have authorization to use my credit card and that if they did I would dispute this charge as well
In terms of installing the liner as quickly as possible so we can enjoy the short summer: Because of them not communicating any type of schedule on when they were going to install the pool linear, we ended up not ordering the solar cover until the day they just showed up (it was back ordered and we didn't receive it until july 6th)This means it took more than two weeks before the pool was even warm enough to swim in (since we didn't have a solar cover)Had they even bothered to tell us the approximate week they planned to install the liner, we could have had another week or more of use of our pool (including time we had family here from out of town)We had even emailed them towards the beginning of June asking for a schedule or estimated installation dateThe only response we got was that the pool liner was still being manufactured (nothing about how long this would take or when we could expect the liner to be installed)
We are not satisfied with the response from Performance Pool and SpaThey have credited back an unauthorized charge for fixing the coping and stopped processing another charge that was not authorized to patch the pool liner, however their business practices are poor and they didn't notify us prior to doing any of the work on the poolAnd most importantly from their poor work we have a damaged pool liner and we don't think we should owe the full price for a damaged liner
Final Consumer Response /* (3000, 18, 2015/08/27) */
(The consumer indicated he/she DID NOT accept the response from the business.)
It sounds like we are not going to agree on what happened with this project
As we said before, we don't have an issue with when the payments were dueThe issue lies in that the company used a credit card number associated with a prior transaction to make the final two payments (which they were not ever authorized by us to do) and that they charged this final payment when they knew we were unhappy with the installationWe contacted the company the next day or so (can't remember exactly anymore - but it was definitely less than four days) to tell them the issue with the coping and that we needed that resolved before I would make the final paymentIt is not our issue that there service department didn't talk with their business department
Another issue is that we are not satisfied with the final productAll of the j-channels (associated with the coping) are still not installed correctly, there is a now repaired tear in the liner (which we are still positive we did not make), and as we started using the pool we found that the pool floor is also not flat (there are many dents)In general, we feel more and more uncomfortable with their level of competency and are worried about what other problems we will encounter with their installation
Just a couple other items to address the vendor's responseYes, when they came out to fix the tear in the pool (which we had not yet agreed for them to do) people had already been in the poolAs we stated in one of our prior responses, we had people coming over in the afternoon of the 4th of JulyMy husband found the tear in the pool as he was about to start cleaning the pool for the first time after they installed the linerWe called the company and left a message, regarding the tear, many hours before anyone got in the poolAlso, during the time we were in the pool, we had the people stay away from that area of the pool
In terms of the solar coverSince the end of May / early June, we had been trying to figure out when they were going to install the linerThe last time they responded to us regarding this issue was June 5th (and that response was a generic response about the liner still being manufactured - they gave us no estimated time of completion for the liner or any type of estimated installation date)After the 5th, we no longer got any responses regarding when the liner was going to be installedWe did not order the solar cover because we were starting to worry the liner wasn't going to be installed by them at all and that we wouldn't have a pool up for this season (so why order a solar cover)We were right about to take further steps to deal with this issue when they just showed up to install the liner (without ANY type of notice to us)The comments about the solar cover are also meant to explain why it took as long as it did to notice the tearWithout the solar cover the water was too cold to useNo using the pool meant no one was near the tear and there was no need to vacuum the poolThe tear was noticed the first time the pool was vacuumedWe didn't have the vacuum or poles in the pool before that, and we called and left a message right after we noticed the tear
At this point, with the fact that the company was not interested in resolving these issues when they occurred (we got this impression since they did not return our calls to discuss these issues), we don't like how they performed the work, and since they never bother to schedule any of their work (they just show up), we are not interested in ever working with this company to have them resolve any of the outstanding issueIn fact, we never want this company on our property again
Since the credit card has found that the company did not have the authorization to charge our credit card, the credit card company has credited us back the second half of the payment for the pool liner ($2,240)So, at this time, we are willing to consider this issue resolved if both parties just walk awayWe agree to not contact them regarding any additional fixes or warranty issues and not to take any further actions regarding the unauthorized use of our credit cardThey agree to not pursue the second half of the payment for the liner and agree not to show up on our property again
Final Business Response /* (4000, 21, 2015/09/22) */
***,
We continue to stand by our work and would be more than willing to remove the patch to allow the *** family to see the punctureThere has been no response or recognition on their part as to what the diving rings were doing in the pool after claiming the pool was not used and how they were retrieved since no one entered the pool due to how cold it wasIt is regretful that the only resolution in their minds is to not pay for half of the liner, when we have continually offered other solutionsThe credit card was provided to us by the ***'s at the time of signing the contract and making the down paymentThe contract clearly outlines the payment schedule and this was discussedNowhere in our contract does it state, nor should it state, that all payments are withheld until complete customer satisfactionThe reality is that the ***'s have a new liner in there pool, which they have had the pleasure of enjoying throughout the summerThe J hooks that she is speaking of where not a part of the original agreementWe put them on as a courtesy, as they had purchased them elsewhere and asked if we could install themThey do not need to be touched in any way, shape, or form in order to install the liner; and I would be happy to refund the labor we charged to install them but we didn't charge any laborWe extended it as a courtesy for choosing PPS to install their linerSince the credit card company has since returned our money back to us, we will assume this matter is resolved

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to me, assuming that Performance Pools and Spas completes the work they have stated that they would in both the Revdex.com response and an email response I received on August 29, (attached), namely:1) Replace the damaged shims, parts and labor, at their expense.2) Flip the rails, parts and labor, also at their expense.3) Refund the $that was charged for an unrequested pool tech visit. If these issues are taken care of, I will consider that matter resolved If they are not, I will reopen the complaint. Thank you for your assistance in bringing closure to this matter. -*** ***

Initial Business Response /* (1000, 5, 2015/07/02) */
***,
Please see response from owner, Mike ***
Response to case # ***
To whom it may concern: In 2012, *** *** requested that a vinyl liner be installed at her residence;*** Savage
*** ***
was provided a proposal to accomplish her requestThe proposal was specific both to the cost and the service that would be provided (included within this response)*** made several payments over the course of the next months and in the spring of 2013, Performance Pools accomplished the work outlined in the proposal
Upon the liner installation, Ms *** noticed that the pattern was slightly different than the one she orderedWhen the liner manufacturer was contacted, the manufacturer presented Ms *** with a choiceShe could have the liner re made and installed with the correct pattern OR, in lieu of that, she could keep the existing liner and be provided with a mesh winter safety cover free of chargeEventually Ms *** choose the new mesh safety cover and agreed to keep the existing linerPerformance Pools was ambivalent to the choice Ms *** would eventually make although it seemed that a mesh safety cover, with a value of $would be a real value
In my opinion, the pattern mix up event has been used as a platform in which Ms *** presses Performance to do additional services that were not part of any agreementFor example, the coping concern was an issue before Performance ever began the liner installationWe hadn't suggested improvements for this aesthetic concern nor were those concerns and improvements listed as part of our bidOf course the winterization of her pool and the testing of plumbing pipes have nothing to do with our original scope of work eitherAs for the light, if memory serves, we simply took care of it because we wanted to minimize Ms ***' concerns
It's clear that Performance Pools lived up to the terms of the agreement, in this there can be no disputeAs for Ms ***' additional and subsequent requests, Performance Pools has offered discounted pricing on its services as a way of alleviating Mrs *** concerns yet as these service requests were not part of the contracted work, they would involve extra costs
Sincerely,
Mike ***
CEO Performance Pool and Spa
Margo ***

Dear Ms***, On February 9th 2015, you called us regarding a leak in your spa and requested that we schedule a technician to diagnose the causeOn February 10th a technician was there and found the GFI for the hot tub off, a glue joint for one of the pumps was leaking, plumbing
that was dry rotted and brittle, and the circulation pump to be unreliableThe spa was drained for the repairs to be made, and then was refilled to ensure that the repairs that were made were no longer leaking, and to inspect for further signs of leakingWhen none was found the technician discussed with you the repair and what he foundSeven days after your initial call (February 16th 2015) you called to notify us that your spa was holding water, but was immediately tripping the breaker, and the water was down to fifty degreesOn the same day as your call we had a technician out to inspect the hot tubThe diagnosis from that visit found the pumps and plumbing lines to have frozen waterWe installed an auxiliary pump and heater unit, as well as a space heater in an effort to thaw the frozen pumps and plumbing, which would allow us to diagnose the source of the breaker trip and if any additional damage was made during the freezeAfter enough time allowed everything frozen to thaw, we returned that same week to re-inspect the spaWhat we found was breaks in the equipment area plumbingPer your request after discussion with the technician, the repair was deferred until warmer weather and the spa was winterized to prevent any further freeze damageOn June 10th you had called and scheduled your pool opening and requested we look at the spa againWe brought a circulation pump for the spa as that was the most suspect reason for the spa to trip the breaker as was originally notedUpon arrival you told the technician you didn’t know anything about a circulation pump and that you thought there was a leak coming from the heaterOn August 25th you called us to schedule your pool closing, and asked us to verify the winterization of your spa for the winterOn September 23rd (the day of your pool closing) your spa required to be re-winterized In total, our billing shows $was charged to you for all of the repair, diagnosis, and winterization of the hot tubFrom the events that you describe, as well as the total billed, there seems to be a slight discrepancyI do see you left two messages in 2016, the first being June 17th to open the pool, and again on August 8th requesting we contact you, which we didWith the difference of $in what you believe was billed to you, and what we actually billed, as well as the series of events, I am wondering if it is possible if a 2nd company was out to repair the spa? When I spoke with your son Gregory, I posed the same question and while he seemed certain that PPS was the only company there, we were unable to establish why there was such a large difference in billed totals which he calculated to be about $not $He also made mention of a possible leak in in the spaI unfortunately do not have any notes or show any messages that may have been left about a leak in that year, and from talking with him, it sounds as if multiple repairs have been made since we were there in February, so again, I’m not sure if another company has been out to service your hot tubFrom what we have billed you, and the services we have provided, I do not see that anything should be refundedPPS would be happy to offer our assistance in re-evaluating the hot tub in its current condition, should you choose to have us do so Alex *** Service Department Performance Pool and Spa *** *** *** ** Oakdale, MN ###-###-#### [email protected]

I am rejecting this response because:
While I agree that Pat remained in contact during the visit and I do appreciate that, Performance admits they did contact the supplier while onsiteIf Pat had years of experience working with this product why would he need to reach outWhy would the supplier tell me that Pat called them and express that he wasnt familiar with itI also agree that I am a DIY but this is a brand new pool and house that we had moved into very recently and this cover was beyond my understanding and I did not want to get involved and that's why I hired performanceIt's concerning that rather than accept that your staff admitted to a vendor they were not familiar with the product you blame the customer for previously damaging the productIf I had previously worked on it why would I have contacted your company and allowed you to damage my ropes without completely the repairIt was only after performance failed to complete the repair that I got involved after consulting another pool company and the vendor of the cover directly. I believe Performance is not being honest in this matter and even though they stayed in contact they did not have the experience or knowledge required to complete the repair professionally and should refund the chargesPerformance is still standing by the belief that the concrete needed to be removed to complete the repair and fails to address that I was able to complete the repair without removing itI have sent pictures to both the vendor and another pool company and both agree the track and bearings were encapsulated correctly, so the notion that performance is saying it was wrong is further evidence they were not skilled in repairing this product

I am rejecting this response because:
I called you in Aug of 2016 to come and open the hot tub and see what it needed. You said you would look at my account and call me back. NEEDLESS to say you never called. I am tired of your lies and saying we did not communicate. I would like the money back that you charged me and the spa was still not fixed. Any decent and reputable company would do what was right for the customer. No other company will touch it. Since it is your mess and you ruined it. With what you are doing to me right now I will not recommend you.  Just send me what I am asking for and we can be done with this. [redacted]

In an effort to respond factually and fully, I have offended. Please accept my apologies. My intent wasn't to blame but to clarify the situation. The heater is, and has been working for a prolonged period, it maintains its current warranty and the repairs have been covered by Performance Pools. The source of copper in your water is likely from heater, not your water supply. Chemistry is vital to the health of your heater and we cannot warranty negative effects from water

Having said that, it's apparent that your confidence has not only been shaken in your heater, but in Performance Pools as well. In order to restore that confidence, I will have a new JXI260 heater installed at your residence as soon as possible (within the next 4 weeks). The warranty on this heater will continue until 06/17/2016 .


[redacted]
Performance Pools

The shop and technician both communicated fully with Mr. [redacted] through the process.  He had even complimented us on how quickly we were able to get out and how responsive we were while on site.  Pat, the technician, called Mr. [redacted] after 1 hour of work and informed him of the dire...

condition of the auto cover and got his permission to continue working on it.  Pat also contacted the manufacture while on site and explained how the cover track was installed.  The manufacture informed him that due to the tracks being extended further into the concrete than recommend when installing, that concrete would need to be chipped away in order to get to the pulley.  It should be know that Pat has been working on auto covers in this industry for 19 years.  There are multiple steps to accessing the pulley, the first of which is to remove a section of the tracking.  Due to how this was installed, and shifting over the years, Pat had to custom make a tool onsite to remove the shims that lock the track into place.  After finally getting the shims out, he then needed to pull the rope out of the system.  The rope was not moving so he had to create a winch system to try and pull the rope through.  This resulted in the rope stretching due to the amount of pressure that had to be applied, and was explained to Mr. [redacted].  After many hours on the job Pat and his helper were still unable to gain access to the pulley and didn't want to break up the concrete.  A conversation was had with Mr. [redacted] and it was agreed that we would reassemble everything onsite.  Due to the stretch in the rope the cover was unable to operate.   I am not disputing that Mr. [redacted] was able to fix the system himself, but suffice it to say if he was trying to perform this work in the state the cover was in originally (before we spent hours working everything free) he would not have been able to fix it.  I would contend that he likely tried to fix it already, and then contacted us.  We don't run into customers that are do it yourself customers like this who call first and then attempt to fix the cover.  We communicated throughout the process and got approvals along the way.  I am glad his cover is now functional, but know that we did nothing wrong in our process.  An experienced technician was onsite working along with the manufacture via phone contact to try and fix the cover issues.  I feel we owe nothing at this point and should be fully compensated for our time.  I would offer to pay for the rope at our cost, or if Mr. [redacted] can provide a receipt from the manufacture for his cost on the rope, as that seems high if he purchased it directly from them.  Justin [redacted]Performance Pool and Spa###-###-####[redacted] Regards,

[redacted],The procedure at which the technicians re-installed the track and shims for the cover is fairly standard, and while better care should have been used when putting the track back in place, I do feel it is unfair to say the installation was reckless. We do want to do right by you, the customer,...

and as such we will replace the damaged shims, and fix the partially bent part of the track. I will also credit the bill of $180 for our previous visit. As previously discussed on the phone, the sliders for the cover need to be replaced, and the tracks themselves should be replaced due to chemical pitting that has occurred. If you would like to replace all of the tracks, I can offer a discount on the section of track that was damaged by the installation during the rope replacement. If you would like to replace the sliders and/or the track, we would charge our time accordingly to do so. Please verify if this is an agreeable solution, and indicate if you would like us to replace all of the tracks at our visit.  Thank you,AlexService MangerPerformance pool and Spa

Mr [redacted],   Per the email from Sundance a replacement circulation pump has been ordered to replace the one that was installed on 10/05/2016. The pump that Sundance is asking us to install is of a different manufacturer and a different model. The idea is that by doing this it will help determine if the circulation pumps that have been previously installed for you were indeed faulty, or if the cause of your issues are beyond the control of Sundance as well as Performance Pool and Spa. Sundance is covering the cost of the trip fee, parts and labor, so there is no expense to you for this visit. We expect the circulation pump to be here by 10/28/2016 at the latest. Once we have the new circulation pump we will send the technicians out at the earliest possible date to have it installed. If yourself or Shari feel the need to be present at the time of the installation please let me know so we can try and coordinate that with you.   Thank you,   Alex [redacted] Service Department Performance Pool and Spa [redacted] Oakdale, MN 55128 ###-###-#### [redacted]

Dear Mr. [redacted],   When the pool closing was scheduled on September 13th we discussed needing to drain the pool down and having us put the winter cover on. Originally we were to bring out a winter cover but you later called and stated you found the winter cover in the garage. Our procedure...

when scheduling a standard pool closing is to notify the customer where to drain the pool in order to winterize the pool plumbing, and to have the winter plugs out by the pool equipment. This is a conversation had with every customer, and we spoke about it in detail because as you said, you just recently purchased the house and were not familiar with what needed to be done. I have not received either of the emails you have sent, but on October 5th when you left a message, we spoke in regards to why the pool could not be closed at our initial visit and had re-scheduled for the technicians to come out and close the pool as you said the water was now drained down to where it needed to be. You called the next day (October 6th) and notified me your brother-in-law closed the pool and no longer needed us to come and close the pool. We charged the $79 to cover some of our costs on getting technicians out to your residence, but we will credit this back to you as a gesture of good faith. If you can, please forward the 2 emails you sent to the email in my signature. Also looking at our records I see the email that was sent to you the day prior to the closing was kicked back as the email on file must have been entered incorrectly, so I do apologize you did not get that as I was unaware that it did not get to you.   Thank you,   Alex [redacted] Service Department Performance Pool and Spa [redacted] Oakdale, MN 55128 ###-###-#### [redacted]

Initial Business Response /* (1000, 6, 2015/09/01) */
Performance agrees that on three occasions the heater has stopped working. We also agree that Performance has been responsive in restoring the heater operation when it had malfunctioned.
We do not agree that the [redacted]'s have been charged for...

these visits, quite simply, they haven't. Perhaps this misunderstanding stems from a visit that was made where in the tech notes there was a labor charge ($40) on his visit as the *water chemistry (water quality is not warranty, please see addendum that speaks to this specifically) seemed to be the cause, ("corroded high limits") however that charge was credited back to the [redacted]'s card. The other visits and any parts replaced, have been covered under the warranty at no charge.
While we certainly recognize the inconvenience heater failure can cause, a replacement heater is not warranted at this point. A replacement heater offers no solution that isn't presently available to us. Our understanding is that the heater has been working since our last visit. Of course if a need were to arise, we stand ready to service this or any other component of the pool.
As an fyi; I have included some water tests performed at our Burnsville store. These tests offer some evidence to the technician's diagnosis that improper water chemistry may have been the issue. They show very high PH, alkalinity (as well as chlorine) and also the presence of copper in the water. A likely source of this copper is the heat exchanger. As the exchanger is made of copper, corrosive water (as the tests describe it), strips the exchanger of its copper until eventually it becomes so thin it leaks. When exchangers leak, the heater must be replaced. I mention this to remind the [redacted]s that water chemistry is an important aspect of this. If the water is not properly balanced, the water will destroy the heater. While we recognize that water chemistry wasn't the singular cause of these issues, it's likely it was the cause of one of the calls. It is important enough to mention and to strongly suggest it be rectified very soon to avoid issues in the future.
Please contact the service department with questions on this or any other aspect of the pool operation.


Kindest regards,
Mike [redacted]
Performance Pool and Spa Service Department


Margo [redacted]
Administrative Assistant to Dave [redacted]
Performance Pool and Spa
[redacted]
Plymouth MN 55441
[redacted]@performancepools.com


This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail.
Initial Consumer Rebuttal /* (3000, 8, 2015/09/03) */
(The consumer indicated he/she DID NOT accept the response from the business.)
We strongly disagree with the business response since they are blaming us for their own fault. Please see our response in attached document, thank you.
Final Consumer Response /* (2000, 11, 2015/09/17) */
Final Business Response /* (4000, 10, 2015/09/17) */
In an effort to respond factually and fully, I have offended. Please accept my apologies. My intent wasn't to blame but to clarify the situation. The heater is, and has been working for a prolonged period, it maintains its current warranty and the repairs have been covered by Performance Pools. The source of copper in your water is likely from heater, not your water supply. Chemistry is vital to the health of your heater and we cannot warranty negative effects from water

Having said that, it's apparent that your confidence has not only been shaken in your heater, but in Performance Pools as well. In order to restore that confidence, I will have a new JXI260 heater installed at your residence as soon as possible (within the next 4 weeks). The warranty on this heater will continue until 06/17/2016 .


Mike [redacted]
Performance Pools

Hello Mr. [redacted],   In 2015 you called in reference to a leak in the spa. This initial call was in July, approximately 8 months after your spa was delivered to you in November 2014.  At the time of this call, you also mentioned that you thought you heard a crack during the delivery...

of the tub. Performance Pool provided a warranty visit, during which we found the circulation pump to be leaking.  During this initial warranty visit we also inspected the tub for any other source of a leak and found none. At our second warranty visit in July 2015, in which we came out to replace the circulation pump that we had determined was leaking, we again inspected the tub for any cracks or other problems and found no evidence of a second leak or damage done to the tub.   In April 2016, nearly a year and a half from the time that your tub was installed, you informed us that your tub was again leaking.  Performance Pool scheduled a visit to your property to once again inspect the tub. At the time of this visit you were well past the 1 year waiver of a trip fee that Performance Pool provides to its customers, so we charged a trip fee for our visit.  Sundance paid all costs covering the labor and the parts to repair the circulation pump leak. At this time, the replacement spa panel for your tub was on order.  Later, when Sundance contacted us regarding the issues with your spa, we informed them that we were already set up to come out and replace the spa panels.  We also informed Sundance that you wished to be present at the time of the replacement, and that we would contact you to schedule an appropriate time.   At the most recent repair visit of October 5th, 2016, the circulation pump was again found to be leaking.  At this time, the technician tested the water in the tub prior to draining the same, and found that the pH was high.  He took a water sample to bring back and be fully analyzed. The analysis of the spa water showed the water’s pH to be at 8.5, and the Alkalinity to be 150ppm. Per page 42 of the Sundance spa manual, your pH should be between 7.4 and 7.6, meaning your spa water contained 10x more alkaline than it should have. In the picture provided to you previously, you will see substantial buildup of scale on the shaft of the motor right where the pump seal sits in the wetend of the circulation pump. In your complaint, you mentioned that Sundance replied to your concerns confirming that water chemistry will cause a shaft seal to leak, whether it be from acidic water, or alkaline water.   Furthermore, Sundance’s comment regarding the trip fees was misworded, so I can understand your confusion. As we have discussed, we waive the trip fee for the first year after the tub has been delivered, after which, we charge a trip fee to come out for any and all warranty work. Attached is a copy of your spa contract, towards the bottom you will see this mentioned. At no time was Sundance informed that we would waive any trip fees for an additional year, nor were you told that from anyone at Performance Pools. We do require a card on file in order to schedule any service work, however, we leave it up to you, the customer, to pay in whichever way you would prefer (cash, check, card). We also note this on each work order that the amount on the bill will be processed to the card that is on file. Per your request after our visit on October 5th, we did not process the trip fee to the card that we have on file.   You have notified both myself and Sundance that the tub is still dripping. Performance Pools believes that the drip pan is the most likely source of this, as no other leaks are evident, and furthermore, because water has dripped from there previously whenever the circulation pump has been replaced (last time we were out 5 days after repair and this was the source of the drip). Both Sundance and myself have asked you if the tub was still losing water, to which we have received no response.   Several times you have asked to be refunded in full, or, to have the tub replaced at no cost to you. Per the signed contract (attached) we do not issue refunds or accept returns for spas once they have been delivered. Also per Sundance’s email to you, they will not replace the whole tub due to your experiencing pump failures. Per the email from Sundance on 10/12/2016, Performance Pools is willing to once again replace the circulation pump, and will arrange to do so with a different make and model circulation pump. Undertaking this latest repair should further help us to eliminate the style of circulation pump as a possible cause of these repetitive leaks. Additionally, Sundance has agreed that it will cover the costs of the trip fee, parts, and labor.  As such, you will not incur any further expense for this visit or work.   Thank you,Alex [redacted] Service Department

Hello,   I have discussed the situation with the customer and the matter is resolved. We agreed that I would incur the cost of the liner installation in order to honor the bid amount of $28000. The customer was satisfied with this and we will be moving forward with the project as planned....

  Thank you,   Alex [redacted] Service Department Performance Pool and Spa [redacted] Oakdale, MN 55128 ###-###-#### [email protected]

Final Consumer Response /* (2000, 8, 2015/12/04) */

It was stated that our technician has 19 years’ experience working on covers, not 19 years on this specific brand of covers.  It is common practice by our company to have technicians contact tech support for any manufacturer if they run into problems.  No one is disputing that Pat was running into problems on-site.  When he explained to the manufacturer what he was dealing with, they were the ones that told him the installation was incorrect.  He called you to ask if you wanted him to proceed, and told you he was struggling and would be there for a while.  This was the opportunity for you to say “no, please hold off while I investigate further into the matter.”  By authorizing him to continue the work, and then continue with a Revdex.com claim and request for no charges you have painted us into a corner.  We did the correct thing and we need to be compensated for our time on site.  As was previously stated we will cover the cost of the rope at the $250 rate, and only request that you provide a copy of the receipt.  We will also credit back 1 hour of 2 man labor ($170) in an attempt to meet some type of compromise.  You are welcome to think what you want about our technicians, but they are very experienced and work on every make and model of cover.  Often times other pool companies actually refer their cover customers to us such as Atlantis Pools in Brooklyn Park, MN.

I am rejecting this response because:  See our responses below. R)=response…See our responses in bold below.In 2015 you called in reference to a leak in the spa. This initial call was in July, approximately 8 months after your spa was delivered to you in November 2014.  At the time of this call, you also mentioned that you thought you heard a crack during the delivery of the tub. Performance Pool provided a warranty visit, during which we found the circulation pump to be leaking.  During this initial warranty visit we also inspected the tub for any other source of a leak and found none. At our second warranty visit in July 2015, in which we came out to replace the circulation pump that we had determined was leaking, we again inspected the tub for any cracks or other problems and found no evidence of a second leak or damage done to the tub.R) We definitely heard a crack when it was being delivered, everyone that was there heard it, it was a substantial cracking noise, and at least one of the delivery people made a comment that they had never heard that before.   In April 2016, nearly a year and a half from the time that your tub was installed, you informed us that your tub was again leaking.  Performance Pool scheduled a visit to your property to once again inspect the tub. At the time of this visit you were well past the 1 year waiver of a trip fee that Performance Pool provides to its customers, so we charged a trip fee for our visit.  Sundance paid all costs covering the labor and the parts to repair the circulation pump leak. At this time, the replacement spa panel for your tub was on order.  Later, when Sundance contacted us regarding the issues with your spa, we informed them that we were already set up to come out and replace the spa panels.  We also informed Sundance that you wished to be present at the time of the replacement, and that we would contact you to schedule an appropriate time.R) There were actually a total of 4 replaced pumps to date.  So April was the 2nd pump and then the 3rd one was in June of 2016.  I was there for the June visit when you asked the service person via phone to test the water for PH because “that might be what is causing the pumps to go out”.  He tested it, and I asked him how it was, he said it was good, if anything a little low.  That was the first time you tried to blame the pumps going out on the PH level or water chemistry.  At the most recent repair visit of October 5th, 2016, the circulation pump was again found to be leaking.  At this time, the technician tested the water in the tub prior to draining the same, and found that the pH was high.  He took a water sample to bring back and be fully analyzed. The analysis of the spa water showed the water’s pH to be at 8.5, and the Alkalinity to be 150ppm. Per page 42 of the Sundance spa manual, your pH should be between 7.4 and 7.6, meaning your spa water contained 10x more alkaline than it should have. In the picture provided to you previously, you will see substantial buildup of scale on the shaft of the motor right where the pump seal sits in the wetend of the circulation pump. In your complaint, you mentioned that Sundance replied to your concerns confirming that water chemistry will cause a shaft seal to leak, whether it be from acidic water, or alkaline water. R) I can’t imagine that everyone’s water chemicals are right on at all times?  We do our best to test and keep on top of them.  In fact, Shari just took them into Performance Pool & Spa on October 13th, and per the technician there, he said everything was “perfect” and not to change anything.  That reading was to be forwarded on to Alex in Service.  Shari was talking to the person about what we are going through, and he was very surprised that anyone would be trying to say that the chemicals would be the cause for 4 circ pumps to go out in such a short amount of time, he was especially surprised to hear that anyone from Performance Pool & Spa would be the ones making such a claim.  This is the same response we have gotten from 2 other reputable spa dealers in the Twin Cities.   I am not sure what you are referencing about the water chemistry, I believe that is what Alex had said and Sundance had agreed?  We have never had any chemical residue, calcium flakes, or build up etc. in the hot tub itself.  This would be an indication that the chemicals are off.  We have owned a hot tub for over 10 years now, so this isn’t new to us.  But the way this hot tub breaks down, leaks, etc., is.  Furthermore, Sundance’s comment regarding the trip fees was misworded, so I can understand your confusion. As we have discussed, we waive the trip fee for the first year after the tub has been delivered, after which, we charge a trip fee to come out for any and all warranty work. Attached is a copy of your spa contract, towards the bottom you will see this mentioned. At no time was Sundance informed that we would waive any trip fees for an additional year, nor were you told that from anyone at Performance Pools. We do require a card on file in order to schedule any service work, however, we leave it up to you, the customer, to pay in whichever way you would prefer (cash, check, card). We also note this on each work order that the amount on the bill will be processed to the card that is on file. Per your request after our visit on October 5th, we did not process the trip fee to the card that we have on file. R) The email from Sundance clearly said it would extend the no cost for another year, from June of 2016.  It was the first time I felt that Sundance was finally standing behind their product.  But, you continue to say that it’s mis-worded, or mis-interrupted, which makes it even more clear that you do not stand behind the products you sell.  You have notified both myself and Sundance that the tub is still dripping. Performance Pools believes that the drip pan is the most likely source of this, as no other leaks are evident, and furthermore, because water has dripped from there previously whenever the circulation pump has been replaced (last time we were out 5 days after repair and this was the source of the drip). Both Sundance and myself have asked you if the tub was still losing water, to which we have received no response. R) I emailed you on 10/11 that it was still leaking, then again on 10/12, then again on 10/14 with a video.  We are now pushing 2 weeks of non-stop dripping.  When the 5th pump is replaced, can you shop vac out the drip pan so if it is dripping, you can’t blame it on the drip pan?  Several times you have asked to be refunded in full, or, to have the tub replaced at no cost to you. Per the signed contract (attached) we do not issue refunds or accept returns for spas once they have been delivered. Also per Sundance’s email to you, they will not replace the whole tub due to your experiencing pump failures. Per the email from Sundance on 10/12/2016, Performance Pools is willing to once again replace the circulation pump, and will arrange to do so with a different make and model circulation pump. Undertaking this latest repair should further help us to eliminate the style of circulation pump as a possible cause of these repetitive leaks. Additionally, Sundance has agreed that it will cover the costs of the trip fee, parts, and labor.  As such, you will not incur any further expense for this visit or work. R) When I spend $8,500 on a hot tub, I expect, demand, and deserve to have a hot tub in working order that doesn’t break down every couple of months and I shouldn’t have to pay to keep fixing it.  It broke down the first time within the one year, it’s still not fixed.  Until it can go for several years without breaking down will I consider it “fixed”.  It is my opinion and belief that we have received a “lemon”.  You told me yourself that you do not have other customers experiencing anything like what we are.  This will be the 5th circ pump replacement in 2 years.  It’s fairly clear that there is something wrong with the hot tub you sold us.  That supersedes any statement in your contract and I will continue to fight until it is right.  Right now that seems to either replace the hot tub with a brand new one that doesn’t have these issues, or, refund us our full purchase price.  Sundance appears to be at least trying to resolve the issue with replacing the pump with a different brand, etc.  As I told Sundance, we have put our fight on hold and hope and expect that they will figure out a way to make it right.  If it breaks down again, and/or this doesn’t resolve the issue, we will continue our efforts with complaints against Sundance, filing a complaint with the MN Attorney General’s Office against Performance Pool & Spa, and take it to small claims court if still not resolved.  For now, we will hope that Sundance cares enough about the product that they make to make it right, hopefully for your sake, since it’s obvious the customer means very little to Performance Pool & Spa.The hot tub also drips onto a large stamped concrete patio that it is setting on.  The water drips into the cut lines and who knows what it’s doing under the patio.  The patio is tied into our deck.  The deck posts are literally in the middle of the stamped concrete patio.  If water build up underneath the patio causes any movement to the patio, it’s going to affect the deck the patio and the house.  The deck is an $18,000 deck so if that happens, it could turn into something very expensive.  Once the water begins to freeze and there’s all of this extra water under the patio to expand and begin shifting things, it could get very ugly.  That is why I have stressed numerous times that this needs to get fixed once and for all before it freezes, which is basically next week.  I look forward to an expedited replacement and please pump out the “drip pan” completely.  Because if it leaks again after this replacement, we will demand a new hot tub and/or our money back.  Thank you, Alex [redacted]  Service Department R) Thank you, David [redacted]

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.Thank you

(The consumer indicated he/she DID NOT accept the response from the business.)
Strongly disagree with Mr. [redacted]'s
statement about chemical problem with our pool water.a) The first tech visit:  when my husband asked him why the switcher
was corroded, tech said we had done nothing wrong, he tested the water and
showing the chemistry is balance. The fact is:  we have done everything we can and spend so much money on chemicals to
keep our water in excellent condition at all times:  please see the evidence below showing on my
American Express credit card:In 201407/12/14 PERFORMANCE POOL & S9524359743
$218.50 After our brand new pool completed by the
business on 6/17 of 2014, we visited performance pool Burnsville store and have
them tested water and bought all chemicals they recommended for the season. We
tested water every week to make sure the water is in excellent condition.10/30/14 PERFORMANCE POOL & S6517796610 $262.19We followed their suggestions to keep our pump
running after we stop using the pool until they closed our pool for us for the
winter on 10/30/14. We don't have to keep our pump running since it cost money,
but they said it will help to keep water in good condition all that, so we did.At this point, we only used our brand new pool
for about 3 months.In 2015:04/24/15 PERFORMANCE POOL & &
S6517796610 170.57  After winter, we had them opened the pool for
us for 2015 season, they uses some chemicals to treat the water, I emailed
service department asking when we can use the pool, we were told we need to
wait for 2 weeks to 4 weeks until the water is in good condition, we waited for
3 weeks, tested water by ourselves.05/10/15 PERFORMANCE POOL & SBURNSVILLE MN
$244.1205/10/15 PERFORMANCE POOL & SBURNSVILLE MN
$144.55After our pool was opened for 3 weeks, we
tested water, and visited their Burnsville store as we usually do, they tested
the water and we bought all the chemicals they recommended for the season
including expensive product call salt weekly - Mr. [redacted] must know this
product will keep the system running smoothly and the most important to protect
the equipment.05/31/15 PERFORMANCE POOL & SBURNSVILLE MN
$145.64We visited their Burnsville store again, they
tested water and we bought more chemicals for the season to make sure we have
enough to use. Mr. [redacted] should be able to retrieve all the
record from their retail store to see we have purchased all recommended
chemicals to address issues he listed in his response if any, not to mention it
is normal the chemical off balance at the beginning of the season after 5
months Minnesota long winter. As matter of fact:  we were so pleased that when the tech open
the pool cover, we see such crystal clear water instead of cloudy water which
we never have since our pool was build – very high PH, alkalinity is the cause
of cloudy water, we never have which fully demonstrate that we keep chemistry
of our pool water balanced at all times.As the evidence showing above, all the water
tests performed by their Burnsville store is at the beginning of each season,
which is normal and necessary to all the customers since the water need to be
treated after the pool being unused during Minnesota long winter before the
pool can be used again, of course the chemical will be off balance! That is why
we never hasitate to spend about $1000 for the chemicals they suggested for
only two seasons to treat the water to keep it in excellent condition which we
are more than happy to do, it is our pool, it is our health that we are
concerned about, not others. (The ironic thing is: when we met the business
sales person to buy the pool in 2014, we were told all the equipment we
purchased will be saving us tons of money on chemicals, we are now wondering
why it seems not true, but on the other hand, it proves that we have been doing
good job to keep the water in excellent condition and take care our pool
diligently since the equipment doesn't run its course). Also, whenever
technician come to fix the heater, they test water also, and they all say the
water is good. The last visit by tech:  the tech checked the heater filter too, it is very clean because my
husband clean it as needed.Mr. [redacted] also mentioned the chlorine level,
the fact is:  after our pool was up
running in 2014, at the orientation meeting:  the tech told us to set chlorine level to 30, after we found out it is
always showing high after a while, so we dropped it again, since the level is
various, so we keep eye on it and adjust accordingly, our pool water is super
clean, so we don’t need high chlorine level as the tech suggested.4. Mr. [redacted] only pick and responded to one
of the many problems addressed by the technician at their visits to blame us
for the heater problem. The parts have been replaced in 3 months are:high limit switchIgniterblowerburnerfuse control panel – last visit by their technicianMr. [redacted] mentioned that the pool water
contains copper, common sense, the Prior Lake city water contains copper and
lead, the report can be found online, how can Mr. [redacted] be sure it is the
copper comes from the heater exchanger? Besides, due to the fact that we apply
the chemicals their Burnsville store suggested to treat the water and it has
been tested by us and by their technician – last time visit is on August 20th of 2015, the tech said the water is very good, so it is impossible our water
quality is the cause of heater exchanger leak as Mr. [redacted] claimed. Also, if
our water is in such bad condition as Mr. [redacted] claimed, the high limit
switch should be corroded again by now, it has been more than 4 months after it
has been replaced back in May. We have been wondering how the first one quit
working, so do so many other parts, we suspicious it is not brand new heater
that we got.We paid full price for a brand new heater with
good quality, but we got lemon machine instead. We deserves apology and
compensation, especially when Mr. [redacted] is making up things to blame us for
all the trouble we have been through without apologize to us, Mr. [redacted]’s
attitude is not acceptable. Mr. [redacted] claims that replacing the heater
offers no solution which we strongly disagree, with this lemon machine, we are
at risk of having more problems in the future, the heater’s life span can be
much shorter than a brand new high performance machine, we could end up pay
another $2300 to buy a new machine plus hundreds of dollars of installation
fees, tech trip fees. All of these hassle and cost should not be passed on to us
as a loyal customer, the fact is we have been very patient and reasonable with
the business, we contacted their contractor who built the pool patio to replace
some concrete slabs of the pool patio back in May, we were told due to new
construction projects the business have at peak season, they don’t have time to
warrant our patio until we are further noticed, so we told them we are fully
understand and we can wait on that. We try our best to support the business,
wish them successful.)We are hoping instead of blaming the customer,
Mr. [redacted] can offer us a fair solution. We do believe good attitude and
customer service can make a business goes a long way. Thank you.