William Cunningham Movers, Inc.

December 3,
Revdex.com
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RE: Complaint ID ***
Good morning,
We are in receipt of your email regarding a complaint about
our business. This customer purchased a
spa for his wife as a surprise
and we
expedited delivery to get it to them the very next day, July 29th,
2015. When he purchased the spa, he
signed the invoice, approving and accepting the Sales Agreement which clearly
states that some things cannot be returned and says “for details, see posted
Return & Refund policy or ask for a copy of it”. On both sides of our Cash & Wrap area,
our Return and Refund Policy is clearly displayed on the counter, right where
he signed the Sales Agreement. This
Return and Refund Policy states “A receipt dated within days is required for
all returns and exchanges. All returns
and exchanges must be new, unused, and contain all original packaging and
accessories” and “Once delivered, hot tubs, pool tables, and saunas cannot be
returned”. It also states “All About Spas
reserves the right to deny any return”. Because
the hot tubs are serial numbered and the warranty does not transfer, hot tubs
are not returnable. But even if they
were, it was outside of the day return policy and was used
All About Spas and Leisure Living tried very hard to make
these customers happy. Our techs went out
on many occasions, trying to discover why the water was not clear. On at least one occasion, our techs were
asked to leave and yet we still continued to work it out. We contacted our chemical manufacturer who said
he believed the issues were from the minerals and iron in the water and the
foam was caused by organisms in the water.
We were and still are confident that there was nothing wrong with the
spa and to prove that it was their well water issues, we filled the hot tub
with Roswell City water on Friday September 11, 2015. We hauled water from our Roswell store to
fill it. As a background note, this
customer is living in a small subdivision southeast of Roswell and the houses
there use well water form a common well for most of the houses. It is our understanding that this well does not
have a chlorine treatment system. The
next day, Saturday at 2:pm, the husband called to say he was pleased with
the water and asked us to let him know what chemical treatment we used to make
it clear. AT 4:pm the same day, just
a little over two hours after he called, his wife called the store to say the
water was horrible. When told her
husband had just complimented it, she said her husband was wrong. On Monday September 14, 2015, our techs went
to check on the water status only to find that they had not allowed us to see
the water since they had drained it before we got there! The customers weren’t aware until later that
we used Roswell City water. We were
trying our best to determine the source
of the water problem for them. Roswell City
water, of course, is treated with chlorine.
It took us a while to suspect the coiled up garden hose may be the issue. Although the husband said the water was
clear, they asked us to take the hot tub back.
Because it was apparent that they did not have confidence in the hot
tub, we ordered a new one and replaced it for them. The manufacturer, at no cost to the customer,
upgraded the hot tub with a UV sanitation system (a $option), which
eliminates up to 98% of bacteria. And
yet, with a second hot tub, the water still wasn’t clear when using their
water. We have three customers with hot
tubs who are on the same subdivision well as this customer and they do well
with their hot tubs and as far as we know, they have never had these issues. As long as our technicians went to the
customers home daily to check the spa water and add spa chemicals as needed,
the water would stay clear. Then we
would get a phone call that the water was suddenly full of foam. We would then drain and clean the spa before
refilling it with fresh water. Most
people drain and clean this type of spa about every days. In an attempt to track down the problem, on
October 5th, we took a water sample from the hose bib at the
house, their garden hose that was coiled up on a reel, as well as from
the hot tub. The City of Roswell
water lab gave us sterile collection bottles and instructions on how to collect
the samples, which we followed. We coordinated the sample delivery with the tech
at the City of Roswell’s water lab and all three samples were taken immediately
in an ice chest to the City of Roswell’s lab for testing. We paid $for these tests at our own expense. The hose bib tested clear but the water
hose showed to have Ecoli and Coliforms present. Because of the sanitation systems in the
hot tub, as well as the chemicals added, the hot tub was clear of Ecoli. Copies of the results were delivered to the
customer on October 6th. However, we are
not sure they took it seriously as the last time we were at their home, they
were still filling their dog’s water bowl from the same hose that was tested to
contain Ecoli and Coliforms.
On October 8th, we used Serum Total Maintenance
Water Care, which is used to purge and clean all plumbing lines in the
spa. Then we drained, cleaned and
refilled the spa with a charcoal filter on the end of our own hose, not
the customer’s. Our technicians
continued to maintain the water balance.
Then on November 2nd, they reported a lot of foam in the
tub. In years in the hot tub business,
we have never seen as much foam in a hot tub and neither has our manufacturer’s
rep. It looked like someone had added
soap or bubble bath. Without testing it,
we have no way of knowing what was in it.
However, I’m sure if needed, we would ask a judge to order a forensic
water test be done when the water is full of foam to determine the source. Our techs drained it, cleaned and refilled it
and went back the next day to find the hot tub very clear. On November 17th, the customer
asked for a refund again. On November 19th,
they were informed we felt like we had gone far above and beyond to do
everything we could and that it was a water issue, as the hot tub was operating
properly. Both hot tubs worked as they
should have. The customer is the one who
hung up on us, not the other way around.
In more than one place in the complaint, the customer’s wife
says she has never used it and yet she told us she did early on. She also says it was a “headache and
inconvenience” to herIn all of the years we have been in business, neither we
or our manufacturers rep have never seen foam like that in a hot tub which
makes us wonder if soap was added since the foam just appears very quickly. It was a surprise
she did not want and as it turns out, she was planning on quitting her job
about the same time as they got the hot tub.
It is our belief that the customers have buyer’s remorse and are trying
to pass it off as a mechanical issue
If you look at our record, I believe you will see that since
becoming incorporated in 1981, we have never had a Revdex.com complaint against usWe
take good care of our customers and our A+ rating with the RevDex.com reflects that
In closing, I would like to again point out that the water
testing proved it to be a water issue.
The fact that we delivered two different brand new spas to them with the
same results proved it to be a water issue, as well. We have gone to great effort and expense
trying to make them happy with their purchase but the hot tub is not defective
and it is very clear on our Return Policy that hot tubs are not returnable!
Sincerely,
Landmark Development, Ltddba
All About Spas and Leisure Living
PO Box
Roswell, NM. 88202-
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Attachments:
Sales
Agreement
Return and Refund Policy
Three
Microbiological Water Reports

Although this complaint was not resolved through Revdex.com's self-regulation process, this matter was later resolved through the court system (or another third party mediation/arbitration service.

All About Spas provides every
customer with the necessary chemicals along with detailed written instructions
regarding maintaining the water in the spa. The customer has now responded that
they never treated the water with any chemicals or additives which is likely
the cause of their issue. Spas, like pools, require treatment and monitoring.
All hot tubs require certain chemicals in order for the water to remain clear
and clean. We typically do not do more than a visit or two for a new customer’s
chemicals. In this case, we sent our technicians to the customer’s
location numerous times to determine that the source of the customer’s
complaints was a water chemistry issue. As the customer even confirms, our
technicians were able to keep the water clean when we serviced the spa with
chemicals.  It is only when we stopped treating the water ourselves and
turned maintenance over to the customer that we received a call that there were
problems.  Obviously, when the customer does not treat the water as
required, as admitted in the customer’s most recent response, it will not stay
clean and clear.  It is the customer’s responsibility to maintain the
water with the appropriate chemicals and failure to do so is not a reflection
of the quality of the products sold or the services being provided by All About
Spas. If the customer would simply monitor and treat the water they could enjoy
the spa. 
Additionally, the customer states
that the spa works properly and was even used. The fact that the spa was used
is reason enough to deny a return. However, even if unused, our policy provides
that spas, once delivered, are non-returnable. The customer states that he did
not review the return policy because he never thought he would need to return
it. Our Sales Agreement clearly states some items cannot be returned. The
Return and Refund policy states that spas and hot tubs are items that cannot be
returned once delivered.  The customer’s signature on the Sale Agreement
approves and accepts the terms of the Sales Agreement as well as the Return
& Refund Policy. Our denial of their request to return the hot tub is in
compliance with our Return & Refund Policy. Again, the spa is operational
and works properly. It is the failure of the customer to treat the water that
is source of their complaints. In our opinion, this is a case of buyer’s
remorse and is beyond the purview of Revdex.com guidelines.
We received a letter dated
December 4, 2015 from the customers’ attorney regarding this matter.  As a
result, we have retained counsel as well and will let the lawyers attempt to
resolve this dispute from here.

Complaint: [redacted]
I am rejecting this response because:
Regards,
[redacted] & [redacted] [To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the response. If the consumer does not provide a reason if he complaint will be closed Administratively Resolved]The response from Mr. H[redacted] is attacking our professional and ethical character which is very offensive.  My wife and I have worked very hard for our reputation in our small business that we have had for 20 years and my wife as well in her professional career and in her involvement as a community servant.     I want to make it clear that I was never shown a 30 day refund policy, and not until recently did we even notice the 90 day return policy on the invoice.  The reason for that is because I never thought I would need to return it.  This was something my wife she had always wanted and due to the fact that we knew for at least a year that it was time for her to retire I wanted it for her as a retirement gift.     The implication that we added bubble bath to the tub is again attacking our ethics.  The only chemicals or additives from day one were the ones they added.  They came and tested and retested numerous times, surely they could see exactly what was in the water, especially after having the water professionally tested.     Initially they blamed the well water then the water hose.  It was evident from early on that they were perplexed, but they still kept promising our complete satisfaction.     The tub was drained numerous times including the replacement tub, and the results were always the same, murky, foul smelling foam with grey sludge along the edge that creates a ring.     Mr. H[redacted] is correct that  on two different occasions they did clear it up after draining, putting clean water in and adding chemicals, but within a day or two it would return to that same bad state again.    My wife did get in initially when the tub first warmed up after delivery of the first tub, she was in for just a few minutes because she just wanted it to warm further.  It did warm up and the problems began.     Technicians came and went each time telling us we would love it and it would be remedied until toward the end when none of them could deliver what was promised , a clear, clean hot tub.We were surprised that not one person from management or administration made an attempt to even call until the technicians were beside themselves and could not do anything else to figure out the problem.  At that point and only that point did Mr. H[redacted] come to take a look and take over.  He ended up at a total loss as well finally telling me that he had no idea what was going on and it was cold so he was going  home.     The phone conversation on November 19th is when Mr. H[redacted] said he had decided to just let us keep the tub and that the problem is in the water and it is not his problem.  I started to respond to find the line dead.    The problem we have is that we have a $10,0000 dollar piece of equipment that can not be used and is of no value.  This particular tub has never even been sat in, after reaching down in the tub I did discover two of the jets are not coming on, but other than that the tub is brand new.  Mr H[redacted] could sell this tub and recover most if not all of his expense.     Bottom line is that we are no different than All About Spas, we are at a complete loss and have no idea why this is happening.     We were never told that tubs are not refundable or that if the water is not clear or does not clear up for whatever reason it is just too darn bad, and we would just have to live with a hot tub that can not be used and could even be dangerous to our health.  We merely made a purchase in good faith.     We have no intention of throwing stones or going through he said , she said we just want them to honor good customer service and admit that this is not our fault, and the tub just wont work for some unknown reason.  They made promises that they did not fulfill.  They need to come get their tub and refund our money.