Installation issues resulting in hole in liner, rippling in liner & depressions in sand base. Pool has been and is still losing water.
Withheld last $1000 payment due to several installation issues. Many issues are still outstanding such as:
- Initial installation delays (2months) due to improper leveling of pool and other related issues
- Large indent/depression in sand base below liner
- Rippling of liner next to light
- Hole in liner due to lack of support material behind liner
- Pool has been leaking since installation causing additional expenses (water bill)
- Customer Service is deplorable - emails and phones calls are unresponsive and we have to constantly follow up
- Continuous change in staff makes it difficult to get any resolution
- ********** was amenable to rectifying these issues (previous new pools installation manager who is no longer with the company)
- Refusal to put agreements in writing "ie: verbally we were told that Mermaid would forgo last payment $1000 due to delay in installation and installation issues"
- In the event of the installation of a new liner, Mermaid was to confirm refilling pool with fresh water ($500-$1000) however they have failed to confirm coverage of this cost
Honor the commitment to not have to pay the $1000 final payment due to multiple issues / delays.
Remove old water, fix sand bottom depression, fix lack of support material around current hole in liner, address liner ripples around light, address pool losing water and finally replenish pool with fresh water.
From: Myrtle M**** (mailto:mm****@****************)
Sent: Monday, June 01, 2015 12:29 PM
Subject: FW: ******** - Case # *******
With regards to Better Business Complaint, Case # *******
In general, the current issues seem to be due to this being a semi-onground pool which has been fully buried in the ground. As stated in the name of the product itself, a semi-onground pool is not designed or engineered to be fully buried as an inground pool.
Poor drainage caused by the burying of the pool makes the sand bottom less than ideal.
Note that Condition 10 of the Standard Terms & Conditions states: "Owner agrees that if any damage occurs to swimming pool after construction, which is occasioned by Owner draining pool or which is caused by a change in water table or ground conditions or from natural causes, Contractor shall be held harmless there from."
Also, as per Condition 12, "It is specifically understood and agreed that no claim may be filled under the warranty and no obligation to make adjustment there under will accrue until the full indebtedness (including extras if any) is or are paid to the Contractor." As noted by Mr. ********, final payment has been withheld.
1. (2 month installation delays) - We encountered some delays but always kept our agreement and continued to work until completion. Well over a dozen service calls were performed at no cost to the customer. We cannot be held responsible for shipping delays.
2. (depression in sand base) - As noted above, improper backfilling around a semi-onground pool not designed for it causes drainage issues which can cause washing out of the pool's base.
3. (rippling of liner next light) - We are prepared to attend a second time to rectify this issue.
4. (hole in liner) - In addition to any other drainage issues, the apparent cause of the leak seems to be from some damage incurred from operating or using the pool. This hole in the liner was addressed and patched promptly as a goodwill gesture from us at the time. The liner manufacturers warranty only covers defects in manufacturing, limited to the seams of the liner - not to punctures, rips, or tears of any kind.
5. (leaking/water bill) - If the leak is caused by the punctured liner, then this is beyond the scope of an installation or manufacturer's warranty and is the customers responsibility to replace any lost water.
6. (customer service deplorable) - Mermaid Pools' aim is to provide a high standard of customer service to all of our many new and existing customers. Unfortunately, due to the high volume occasioned by a seasonal business, immediate response is not always possible.
7. (continuous staff change) - Mermaid employs in excess of 80 seasonal employees at times and it is the nature of the business that we do not always have returning employees every year.
8. (Refusal to put agreements in writing, ie. Waiving $1000 payment) - Notwithstanding previous issues, Mermaid would prefer to put agreements in writing whenever possible, for the protection of ourselves and our valued customers. With regards to the $1000 final payment being waived, our notes show that an offer was made of a $500 credit being applied, contingent on the remaining $500 being paid at that time. We will honour this offer.
Proposed resolution: WITHOUT PREJUDICE - As a goodwill gesture. With the payment of the remaining $500.00 outstanding, Mermaid Pools will once more, drain the pool, remove the liner, repair the depressions in the bottom, smooth the bottom using best practices and re-install the existing liner. We agree to pay half the cost to replace the water.
After reviewing my contract and contacting the manufacturer of the pool (******** Pools) and consulting the installation instructions it appears very clearly that the product is suitable for installation completely in-ground. Reference ******** Pool On-Ground Drawing reference #****-******** revised Contract June 24/13 - 16x32 ST. Back ****** (*******) and manufacturer installation reference:
I quote from the manufacturer: The ******* pool is designed to be suitable for installation above, partially in-ground, or completely
in the ground.
My contract validates this as such a product.
It's also simply and clearly evident that Mermaid as a trusted adviser selling and installing said pool would have made it abundantly clear that this product is not suitable for in ground installation. It only now was made evident to us during this BBB exchange of information.
I ask why would Mermaid sell and install a pool if it were unsuitable for such conditions.
Further to that the remediation is lacking in regard to addressing the immediate concern - constant loss of water. I'm amiable to the remediation of Mermaid removing water, fixing the pool sand foundation and 1/2 water refill.
But this does not "clearly" address the liner rippling around the lights and the constant loss of water.
Furthermore, the less than 1 year old failure / puncture of the liner is a direct result of no backing material behind the liner - poor installation practice. This alone I feel is a compelling story for liner replacement by Mermaid.
What considerations will be provided for any further damage to the liner during removal and re-installation? Will Mermaid replace the liner if further damage is incurred as a result of the removal and re-fitting of the liner?
Based on initial comments back from Mermaid from this inquiry / remediation it seems like Mermaid indicates that we will have nothing but more problems as a result their sales and installation practices. This very much makes us furious about of choice to trust Mermaid in the support / recommendation of any services related to pools.
I also have to counter comment on the 'multiple service' visits comments made by Mermaid and clarify that it was again a result of Mermaid's deficiencies / failures to provide a complete and satisfactory product. 1) pool not level which resulted in breaking concrete and further visits / delays, 2) Miscommunication from their sales -> installation staff in regards to access to property (skid steer) 3) Leaking pipes (lights).
It would appear as if we are made to be the unwarranted request claims client making unwarranted service request. In reality we were very forgiven in regards to the constant delays and installation failures that occurred since inception and we simply at the end of the day want a product that we have confidence in using for several years without issue.
Final Business Response
With regards to the $1000 final payment being waived completley, our notes show that an offer was made of a $500 credit being applied, contingent on the remaining $500 being paid at that time. This offer was later extended in response to Mr. H*******'s previous Better Business Bureau complaint, Case #*******, to which Mr. H******* chose not to respond. We will still honour this offer.
Proposed resolution: WITHOUT PREJUDICE - As a goodwill gesture. With the payment of the remaining $500.00 outstanding, Mermaid Pools will once more, drain the pool, remove the liner, repair the depressions in the bottom, smooth the bottom using best practices and re-install the existing liner, if possible.
If needed, to be decided by us, Mermaid Pools will provide a new liner at no charge to the customer. We agree to pay the full cost to replace the water.
Final Consumer Response
(The consumer indicated he/she ACCEPTED the response from the business.)
I accept the proposed resolution. Who do I contact to proceed?