Complaints

This profile includes complaints for Above & Beyond Pools and Spas's headquarters and its corporate-owned locations. To view all corporate locations, see Find Local Branches.

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  Above & Beyond Pools and Spas

  380 Townline Road East Carleton Place, ON K7C 3S3

  
• 

  Above & Beyond Pools and Spas

  7317 Highway 29 Carleton Place, ON K7C 3P1

  

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:10/08/2023

  Type:Sales and Advertising Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

   
  Complaint: 20452042
  
  I am rejecting this response because:
  Hello,
  
  
   In response to Above and Beyond's email, we would like to outline the areas that are incorrect.
  1) In regards to the installation of the base required for the pool. At no time did we say that we were going to "take care" of the base's construction. With *****'s over 20 years of experience in heavy construction, he is well aware of the importance of foundation and base preparation. Which is why we specifically sought out and hired a company to perform this very important task. We did begin preparing the area that we wanted the pool to be constructed by removing the organic materials as well as two tree stumps that the installation ******* identified as potentially being an issue down the road. Although the ******* did say that they would and could remove the stumps, it would have been at an additional cost. So, with the install already being behind schedule, we decided that we would remove the stumps as well as fill in the excavation left by the removal of the stumps.
  Apon the arrival of the installation crew, the ******* believed that the area for the pool needed further excavation, to bedrock if possible, (despite Above and Beyond stating in their previous email that bedrock is not desirable) and removed more material.
  
  
  2) At no time before, during the process of ordering, waiting for our order to arrive or, during construction had either one of us spoken to the owner or had the owner even attempted to contact us either by phone, text or, email. Stating that we had told both the owner and tech "to go ahead an do whatever was necessary to properly establish the base" is completely false.
  
  
  3)The discount for the liner was applied after WE contacted Above and Beyond about the wrong liner being delivered to site, without so much as a phone call or email to advise us of this issue. It was only after we were informed that the liner that we had selected was not and, would not be available that we accepted Above and Beyond's offer of a discounted price for the liner that was delivered. The items that were refused upon delivery were refused because they were either something other that what was quoted in our original contract or something that had not yet been supplied. 
  
  
  These are just three of the outline issues from this most recent response from them. As there has been multiple attempts on our part to have an honest discussion about expectations and come to a respectful and amicable outcome, we are requesting an intervention of mediation or legal representation as every discussion with Above and Beyond Pools either, in person, by phone, or email is full of discrepancies of what they have said from one time to the other and full of inaccurate comments and accusations with lack of any accountability. It is not just the fact or attempt at hiding invoice altercations after the fact without communication or agreement but it is the companies conduct on many levels that we are complaining about and not as much emphasis on their dishonest timeframe given. That was the least of the concerns at this point. 
  
  
  Please advise how we can get a third party involved other than email accounts as we would like to come to a reasonable and fair solution for both parties. 
  
  
  Thank you for your assistance.
  
  
  
  Sincerely,
  
  ***************************

  

  Business Response

  Date: 11/08/2023

  Thank you for contacting us and allowing us to clarify our position.
  The clients hired our company to both purchase and install a 27'Above Ground Pool.  One of the procedures that must be completed before installing an Above Ground Pool, is the base.  It cannot be bedrock and it cannot be grass.  The client advised that they fully understood the construction and importance of the base.  They advised that they would take care of this portion of the installation.  Therefore, the original contract did not include the establishment of the base.  It is worth noting that an Above Ground Pool that is improperly established will not stand,nor will it last any length of time.  When our technicians arrived, the area was scraped down to bedrock but nothing else was done. The area was quite swampy and there were large holes due to the removal of trees/tree stumps. as well. The extra costs the client refers to is the material required to establish a proper base as well as the establishment of the base.  We would not build an Above Ground Pool without this base. All contracts given to our clients routinely have costs for base materials and construction.  The clients removed this portion.  When our tech did his pre-check to determine the status of the base the client was providing, he found it wanting.  The client was informed that more work was necessary. He advised our tech and our owner via phone, to go ahead and do whatever was necessary to properly establish the base.  This construction was done before the pool items arrived so that we could proceed with installation immediately upon the pool items arrival.
  Due to supply chain issues, which were due to labor strikes, the pool installation was scheduled 10 days after our four-to-six-week promise.  We received the items and within twelve hours,went out to the clients home to install. Our contract indicates that we are not responsible for supply chain issues, the client was advised of this when the contract was presented, and the client signed this contract. The liner pattern the client ordered was not the pattern we received with the other items we ordered for their pool. It was sent to us in error by our supplier. The client agreed to take the pattern we received at a considerable discount.  The liner, while the wrong pattern, was and is perfectly suitable and working.  The pool was installed and the clients are enjoying the pool today.
  The clients were discounted, in good faith, for items they refused upon delivery.  A new contract was not signed with either the discounts or the extra work.  This is often the case as time is of the essence in pool installations.  We have a very short installation season and wish to complete all jobs as soon as possible to take advantage of the best weather for installations.  The client did not enter into the contract until June 2nd, 2023, which means that we know we can't get the installation done before the middle of July.  Often, by the middle of August, the weather is not longer suitable for installations.
  We are sorry that the clients have found the process stressful.  This is unavoidable when beginning a construction process.  Summer is by far the most important and busiest time of the year for us. We have staff that are stretched to their limits for four months of the year, which is why we encourage clients to contract and plan on building a pool in their yard before the summer season begins.  
  As to the reference that our service manager lied, we have no evidence of this and have been transparent throughout the process. Evidence of inappropriate conduct would be appreciated.
  At this time, the client has a beautiful, well established Above Ground Pool.  It is usable.  To date, the client has refused to pay any funds on the remaining balance despite having their pool. The clients are disputing $2250.00 for extra groundwork to prep the area for a proper base. The clients owe more than $9000.00. The client has the product and has not paid for it. The clients advised they would pay $4000.00 towards their invoice on August 9th, 2023, yet we have not seen any payments from this client.
  Above and Beyond is a small business that relies on its accounts receivable being paid to keep the business running.  Above and Beyond expects payment for product delivered and work completed. Currently, the clients have the product, have the completed service, and are enjoying their pool. Above and Beyond offers and has offered financing options should the clients be unable to pay off the remaining balance.

  

  Business Response

  Date: 23/08/2023

  Thank you for your response.
  Above and Beyond Pools and Spas is at a loss as to the position the clients are taking on this matter.
  The clients claim to understand the installation process, yet the clients requested that the preparation for the site be removed from the quote as they would take care of it themselves.  Otherwise, the preparation for the site would have remained on the original quote and invoice.  The ground was not prepared, as the clients have here admitted.  The clients gave permission for the base to be established and therefore, Above and Beyond Pools and Spas prepared the base and are seeking payment for the supplies and material to do this.
  Above and Beyond Pools and Spas does not understand how the clients continue to maintain that they have not communicated with the owner.  The owner, and the installation crew spoke with the clients. We must speak to the clients to move forward with a project. As to the complaint that they had not spoken to anyone during the wait time, our Office Manager has emails and date stamped voicemails that refute this.  The clients were updated every time the clients reached out.
  Discounts were given to the clients by Above and Beyond Pools and Spas for items not taken, and the incorrect liner pattern being delivered.  Again, the liner arrived in store late afternoon the day before installation. The Office Manager noticed the error.  The Office Manager could not reach the supplier until the next morning at 9:00AM, at which time,the Office Manager called the supplier to get the information required to notify the clients of their options.   The clients were immediately offered a discount for the incorrect pattern, as supplied to Above and Beyond Pools and Spas in error.  The option to wait for the proper pattern was offered and rejected via email by the clients.
  Above and Beyond Pools and Spas has attempted to contact the clients several times, via telephone, text messages and email, to speak of these issues. The owner drove out to their home at 3:00PM on August 17, 2023, to speak with the clients, as per one of the clients requests.  The clients were informed of this visit time ahead of time via text message with the owner.  It is notable, that we do have another text message from one of the clients that they are not to speak or communicate with Above and Beyond Pools and Spas again, by the other client. The clients have refused all contact, and instead, have chosen to air their issues with the BBB.  Above and Beyond Pools and Spas believes it to be true that the clients are attempting, through the BBB, to avoid payment.
  Above and Beyond Pools and Spas, again,requests all evidence of improper or unprofessional behaviour, by their staff.  Broad accusations do not address the issue and leave Above and Beyond Pools and Spas with no possible recourse.
  It is the position of Above and Beyond Pools and Spas that the clients are now stealing, as they have a beautiful pool on site that is operable and usable.  The clients refuse to pay the goods and services, they have received and are enjoying.
  
  

  Customer Answer

  Date: 08/09/2023

   
  Complaint: 20452042
  
  I am rejecting this response because: Hello, We are responding to Above and Beyond's email disputing our concerns, and we would like to outline the areas that are incorrect. 1) In regards to the installation of the base required for the pool. At no time did we say that we were going to "take care" of the base's construction. With *****'s over 20 years of experience in heavy construction, he is well aware of the importance of foundation and base preparation. Which is why we specifically sought out and hired a company to perform this very important task. We did begin preparing the area that we wanted the pool to be constructed by removing the organic materials as well as two tree stumps that the installation ******* identified as potentially being an issue down the road. Although the ******* did say that they would and could remove the stumps, it would have been at an additional cost. So, with the install already being behind schedule, we decided that we would remove the stumps as well as fill in the excavation left by the removal of the stumps. Apon the arrival of the installation crew, the ******* believed that the area for the pool needed further excavation, to bedrock if possible, (despite Above and Beyond stating in their previous email that bedrock is not desirable) and removed more material. 2) At no time before, during the process of ordering, waiting for our order to arrive or, during construction had either one of us spoken to the owner or had the owner even attempted to contact us either by phone, text or, email. Stating that we had told both the owner and tech "to go ahead an do whatever was necessary to properly establish the base" is completely false. 3)The discount for the liner was applied after WE contacted Above and Beyond about the wrong liner being delivered to site, without so much as a phone call or email to advise us of this issue. It was only after we were informed that the liner that we had selected was not and, would not be available that we accepted Above and Beyond's offer of a discounted price for the liner that was delivered. The items that were refused upon delivery were refused because they were either something other that what was quoted in our original contract or something that had not yet been supplied. These are just three of the outline issues from this most recent response from them. As there has been multiple attempts on our part to have an honest discussion about expectations and come to a respectful and amicable outcome, we are requesting an intervention of mediation or legal representation as every discussion with Above and Beyond Pools either, in person, by phone, or email is full of discrepancies of what they have said from one time to the other and full of inaccurate comments and accusations with lack of any accountability. It is not just the fact or attempt at hiding invoice altercations after the fact without communication or agreement but it is the companies conduct on many levels that we are complaining about and not as much emphasis on their dishonest timeframe given. That was the least of the concerns at this point. Please advise how we can get a third party involved other than email accounts as we would like to come to a reasonable and fair solution for both parties. Thank you for your assistance.
  
  Sincerely,
  
  ***************************

• Initial Complaint

  Date:27/07/2023

  Type:Product Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  
  
  Complaint: 20385334
  
  
  
  I am rejecting this response because: as noted in other complaints the company is not truth we have called and left messages without a return call the voice machine also indicated to email or come into the store we emailed as we are currently unable to come in as we have two critical ill children we are attending too. 
  The company has a ongoing problem of taking peoples deposits and not providing the service discussed or agreed to kindly return our deposit as you have not provided the product or service nor does it seem apparent that they plan to do.
  writing a  bunch of words with no merit or value does not allow this company to hind  behind and continue to fraud people and not provide the product or service and just keep the persons money Please return our funds promptly. 

  
  
  
  Sincerely,
  
  
  
  ****** *** ******* *******

  n this is fraud. And it appears there is a pattern.
  
  Regarding : Ordered liner April 2023
  
  Attention : Above and Beyond pools and spa
  
  
  Good Afternoon,
  
  We as you are aware ordered a liner to be replaced in our pool April 2023.
  
  We were told it would be installed may/june 2023
  
  Upon inquiring we were told it was moved to July 2023, additionally if we took our services else were our deposit would not be refunded.
  
  We are now at the end of July 2023 with out our pool liner this no pool and no communication as to when it will be delivered and installed.
  
  If a date to install is not provided out deposit is to be refunded immediately. It is fraudulent to not return the funds as you could. It delivery the product we selected and made an agreement on. We are aware that you have suggested selecting another option this is not what we want nor is it what we agreed too.
  
  Therefore we respectfully request an installation date and if this cannot be accommodated please let us know when we can pick up our deposit due to services not being able to provide including the product of service.
  
  Thank you
  **** *** ******* *******

  

  Business Response

  Date: 28/07/2023

  We have been working with you to provide you with the service you were requiring. You have paid a deposit and delay of this party choosing a liner and choosing a liner that isn't a limited selection. 

  This email was sent April 18, 2023 at 1:42pm - To ****

  "Would you be able to pick, in order of preference, two other
  liners as the Hudson is noted as being “Limited Quantity”.  We will do all
  we can to supply you with the Hudson, however, if the supplier has sold out
  their limited quantity,  we will need alternative liner preferences."

  We provided you other options which we take responsibility that you were provided with the wrong liner choices from an employee who has been with the company for 4 months and still learning, to which she sent an email saying the following (minutes after the email sent in error) 

   Jun 26, 2023, at 16:58, *********************** wrote:
  
  Hi **** *** *******,
  
  You are going to think I am unwell. I had sent you the
  incorrect link. Not knowing choices for above ground and in ground liners are
  different.
  My greatest apologies, it has been very busy. I never
  thought there was to be a difference. **** (name)*** has sent me the correct link.
  Please see below.
  
  Regards,
  

  *****(name) ********

  To which you emailed back June 26, 2023 6:35pm (an hour and a half later after the store is closed) 

  "We
  will pass on this last set of samples      If you can’t get
  either of are previous selections.  Please refund are money and we will try
  and get somebody else to do it.  We were told mid May early june and here
  we are July.  We left are regular pool place to give your business a
  chance and so far I’m very disappointed." 

  The last communication that the office emailed you was on June 27th with the following email

  "Hi ****,
  
  I tried to call you
  two times today to discuss.
  
  Please give me a
  call.
  
  Regards,
  
  ***********(name)********
  Above & Beyond Pools and Spas
  380 Townline Road East
  Carleton Place, ON
  K7C 3S3***** ************
  ******* ************
  

  We provided you multiply selections from a different supplier to get you a liner sooner, as our supplier was communicating the samples you choose could not be manufactured in a timely manner (delays could be up to 2 months). You portray that this is of fault of Above and Beyond. This is not an excuses, rather reality. We do not manufacture liners here we sell them. This is out of our control and we worked with you, as we were in communication on regular bases as you can see the few emails in this response. You knew that your choices were limited. As we are updated from our supplier about the delays, we communicated with you right away. We started the next step to get you a liner from another supplier in order to get the contract completed. 

  You have not called the office back to discuss. We are looking to speak to you directly. I have also attempted calling you July 5th.2023 and July 11th, 2023. It is hard to provide you with any form of solution when you do not answer your phone or even come into the store. How would the company provide you any form of return of deposit if we have no information to do so? This is why we ask you to call the office. 

  I would also like to remind you that the "screenshot" that you attached to your complaint was missing the legal contract that you are in with Above and Beyond (deposit you made and applied too)
  It clearly states the following: 

  . 
  The customer agrees, binds and obligates himself to pay contractor for the work above for the sum of the whole contract. Any increase, decrease in the contract price, change in the work or change in the contract must be set forth in a change order signed by both parties. Payment shall be made to Above and Beyond based on the agreed upon and stated payment schedule in this contract and should be paid in full immediately upon completion of the project. Completion shall be that date when the work is completed sufficiently to enable the customer to occupy or utilize the work in the manner in which it was intended to be utilized.
  Payment can be made by cash, bank draft, credit card or e-transfer. Bank drafts to be made payable to ***** ****** **** E-transfers to ***********. Any payments made by credit card will be subject to a 2% credit card merchant fee.
  Project may be delayed due to weather, fire, material shortages, acts of God, state of emergencies, customer delays or other normal variations in the construction process including, but not limited to, the selection, ordering, manufacture and/or installation of customer selections. Failure of the contractor to timely complete the project shall not be considered default of this contract and deposits will be non-refundable. 

  Your contract clearly says deposits are non refundable. We have been asking you to contact the office to discuss this moving forward to which you have not and simply email demanding a deposit back with no information. 

  This is not fraudulent action. You have a contract you are in with the company. You are not calling or coming in to discuss. Demanding money via email with no way for the company to know where to apply it.

  We recommend you call the office to discuss matters further. *** doesn't get your info to return your "non-refundable" deposit. We agree this has been going on to long, there is no solution to be had until you call the office. 

   

  

  Business Response

  Date: 28/07/2023

  We have explained our policy several times to you 

  Please contact the office between 9-5 Monday to Friday 

   

   

  Customer Answer

  Date: 31/07/2023

  
  
  Complaint: 20385334
  
  
  
  I am rejecting this response because:

  We cannot be any more clear 

  perhaps this will be helpful 

  if I go to a car dealer and make a contact / estimate for a F150 and put a deposit down and then the dealer says ya sorry we can’t get that truck so you have to take this 4 door car and the person says no I ordered the truck and the company says well we can’t get that so take the car and by the way if you don’t we are keeping your deposit ! That’s not ok or legal 

  another example If I purchase a home sign a contract place my deposit and then the realtor says sorry I can’t sell you that home you need to take this trailer instead as an option and ya no deposit is being returned again that is not ok 

  again not legal or right etc

  another example if I make a contract with a photographer leave a deposit then I cancel for what ever reason well guess what here is where the deposit is lost and remains with the company 

  your company on the other hand is like the two first examples a deal was made for the first two choices of pool liner 

  you have not or cannot get those liners 

  Your end of the sale is not fulfilled you have not given what you promised and offered therefore if you cannot provide the product and service you must return the deposit quite honestly it’s not hard to understand. 
  

  additionally if you are continuing to sell produces you don’t have and can’t get them keeping the consumers money this is not only unethical it is fraud. 
  

  It is quite clear you are refusing to provide the product and service we will take legal next steps as for this method of seeking resolution we can only hope it will prevent anyone else from being ripped off. 
  

  In conclusion, we are again respectfully requesting the contract be fulfilled or return our deposit. 

   

   

  
  
  
  Sincerely,**** *** ******* 
  
  ****** *******