ComplaintsforKayak Pools Midwest

• Initial Complaint

  12/09/2021

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  We paid ***** to purchase a kayak pool recessed into the ground and backfilled. This is what the contract stated. When completing the next step to sign the contract agreeing on what was going to happen, there was a miscommunication and Kayak pool was not sure that they could install the pool the way the contract stated. ******************* told me directly that he would have installers come out to see if they could install the pool and if not, he would refund the money. The installers were to contact us in August. No one has contacted us yet. I have sent emails to ******************* and *************************, who assured me the installers would reach out in the next two weeks. I send an email to them both inquiring about the installers contacting us to see if the pool can be installed in our yard. ******************* responded has no one contacted you. I said no and that has been it. I havent heard anything yet.

  

  Business response

  12/21/2021

  The customer is correct, after the contract signing we did realize that the customers backyard would not allow for the pool to be installed the way it was originally intended. The customer did have a conversation with our general manager who informed them that we would send out an installer to evaluate the yard and discuss options with them. ****** informed the customer via email on September 22nd that our installers were delayed and would be a while longer before they would make it out for the backyard evaluation, as the weather turned cold and rainy quicker than expected. Then on December 6th ****** emailed the customer again and has not yet received a response. Our most experienced installer is going to be out within the next 3 weeks to evaluate the property and we will discuss options with the customer after the evaluation takes place. 
  
  
  *********************************
  HR & Marketing Manager
  

  
  

  

  Business response

  12/23/2021

  Kaysey,

   

  Regarding complaint ID ********, we have decided to ***** the customers request and issue a full refund. Can you please inform ***************?

   

  Thank you & Happy Holidays!! 

• Initial Complaint

  11/22/2021

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Pool was dug deeper than needed to be resulting in fencing not meeting township regulations and the ladder needing cut more than half of its length which doesnt allow room for the handrail to be mounted. Also end deck is not supported properly and is not stable and not level. Also has pieces of deck missing leaving holes and unsupported deck sections. Being dug deeper than needed has left me with twice as much dirt to remove and twice as much backfilling needed. Have reached out to customer service with no call back as promised or email response.

  

  Business response

  11/29/2021

  We have reviewed this customer complain which was file on 11/22, that same date that we spoke to the customer about the issues they mentioned. At that time, we informed the customer we would work quickly to address these issues and we are currently working to have someone scheduled to go out immediately. As you will see in the email, we did respond to the customer contrary to their complaint and we followed up with a call to the customers wife. We very much understand the customers frustration, but we were being extremely proactive in addressing this issue, we were responsive to their concerns, and we were already in the process of trying to address it. This customer filed this complaint the same day they contacted us about the issues and we allow ***** hours to response, we were well within that time so we are not entirely sure why this was posted as a complaint when we were already addressing these issues. We have a technician assigned to this issues, they were assigned last week but with the holiday they were not able to fix it last week. However, they will be contacting the customer to address these issues and fix this for them as soon as possible.

  Customer response

  12/03/2021

  Better Business Bureau:

  I have reviewed the response made by the business in reference to complaint ID ********, and find that this response/resolution is satisfactory to me. They did reach out and say we would get a call this week from a tech to come look at it and address issues. Have not received call from said tech yet.
  
  
  

  Regards,

  *******************

  Customer response

  01/10/2022

  They called, had a service guy call me, he stated the work needed was above his services. I have reached out a few times to *************************** who told me she would talk to her managers and get something scheduled. Have asked the last few weeks what their plan was and have gotten no reply. I would like to reopen the claim and get this settled, in hopes I dont have to take legal action.

  

  Business response

  01/12/2022

  We apologize for the misunderstanding. The technician we were planning to send out determined that the job was outside of his scope (as this is his first year working for us). Our more experienced technician is going to call ************** to schedule an evaluation in the next 1-2 weeks. Thank you!

• Initial Complaint

  11/19/2021

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  On March 3rd 2021 my wife and I entered into a contract with Kayak Pools Midwest with the promise by sales that a pool would be installed in 2 months and that we were given a great discount given we where selected to become a demo home and the fact that I am ************ Veteran with 24 years of service and that my wife is a school teacher of 18 years.We paid a $500 deposit, where approved for a loan and paid an additional $7679.25 for the pool. According to the contract we where to be contacted every week with updates via phone, the first month or 2 we where then it turned to emails. Then 1 time a month. It has been since September of this year and they have not contacted us. In September we requested a refund given we had no pool. We where unable to get a permit and the electrical requirements for the pool would of required us to upgrade to a *************************************************** the "check list" it asks if we have the power for the pool, they spoke to my wife who was in a planning session while at school. She does not know anything about electrical work and was told not to worry that it was not an issue. I have filed a complaint with the **** AG and am in contact with a lawyer. We are merely wanting a refund of the money we paid for this pool as well as interest on the loan. Also, should one want to explore the dealings of Kayak Pools Midwest one merely needs to search ******** to read the tails of countless others who where over promised, never delivered, never installed, never serviced when in warrantee.

  

  Business response

  11/22/2021

  We have reviewed the customers complaint and are confused because we have been attempting to delivery and install the pool since September. When we contacted the customer in September to prepare for delivery,we requested their permit be sent to us before we could proceed with delivery.They informed us they had not applied for their permit yet. At multiple steps in the process, we inform customers that we need the permit prior to delivering the pool including in the contract (timeframes are pending all completed paperwork including the permit) and during the Checklist (please see attached)where we specifically ask the customer to begin the permit process. Had the customer informed us sooner they would not be able to get a permit, we would have been happy to cancel their pool and issue a full refund. If the issue with the permit was in fact the electrical or cost of electrical we would have been happy to explore options with the customer to make these more attainable including changing to the Frogger chlorine system and removing the in pool light. However, they waited until after we had the pool completed in manufacturing and were attempting to schedule delivery to inform us of any issues. We have tried contacting them to discuss these things and continued to request a permit so we could process, but they have refused stating they want to cancel. Per the contract, if we are unable to proceed due to no fault of ours, no refund will be issued. We have their custom pool and have completed everything on our end, we kept them informed of delays which are also outlined in the contract. Additionally, according to the contract their timeframe is pending completion of all required paperwork which they have no completed on their end and have not requested our assistance with. At this point, the customer may cancel with our usual cancellation fee of 15% or the deposit whichever is greater or they may proceed with making any changes they need for the electrical and we would be happy to provide any information they need for the permit. We would also like to add, at no point have they provided us with a permit denial for us to attempt to assist them.

• Initial Complaint

  11/18/2021

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I have been reaching out to the company since October 22, 2021 asking for the pool to be picked up and my money refunded as the pool will not fit in my yard. Multiple emails from ***** that she has reached out to upper management about this issue but they are not responding. She advised me to contact another email to which I did and received a generic response of same nature, they will reach out to upper management and get back with me. Still no response to emails and voicemail left. I have made it clear how time sensitive this issue is as pool is leaning in my driveway due to heavy rains and now snow. I need this pool picked up and my money refunded please

  

  Business response

  11/24/2021

  We have reviewed the customers complaint and confused.Attached is an email we sent to the customer on November 16th, the customers permit was approved which is why we proceeded with delivering their pool. The customer later contacted the permit office to try resubmitting to change the location of their pool, which was denied. This happened after we had their custom product completed in manufacturing, delivery was made directly to them, and we were getting ready to schedule them for installation. At no point prior to them attempting to resubmit the permit application did they inform us they were wanting to change the location of the pool or that they would possibly be reapplying. One of our staff members worked closely with the customer when they first applied for the permit to help them make sure everything was correct and exactly as they wanted it so the permit would be approved. To this day, the customer has not informed us why they changed their mind about the location of the pool. If they were not happy with the location and wanted to resubmit the permit, we would have been happy to assist them like before but they would have needed to inform us and request assistance.Additionally, waiting until after the pool was delivered has now put the process on hold. After the new location was denied, they were claiming the permit was denied and that they need to cancel because of the permit which is not the case, they did have an approved and valid permit until they chose to contact the permit office. We have not heard from the customer since we pointed out these issues and have attempted to discuss them with her. At this point, we very likely could have had this completed and installed if the customer hadnt contacted the permitting office to attempt to move the pool location after the pool was delivered. If this was something she was considering, she should have discussed this with our staff prior to delivery so we could have worked with her to apply for the permit like we previously did to ensure this would be a possible location on her property.
  
  Per our contact, which we have also included, if we are unable to install the pool due to no fault of ours no refund will be issued. In this case, the customer has the product they paid for and are waiting for installation because of actions they took without consulting with us. We would be happy to discuss this further and discuss options as well as come up with a resolution but cancelation and a full refund at this point are out of the question.

  Customer response

  11/24/2021

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined the response would not resolve my complaint.  For your reference, details of the offer I reviewed appear below. 
  
  [Provide details of why you are not satisfied with this resolution.]
  I did not change my mind about the pool location.  The pool was drawn without any regard to the measurements of the drain field.  The permit department did not know this and went by the drawing submitted.  ***** advised me the day before installation to draw out the pool.  When we measured the drain field location to start the spray paint area for the pool it was noted that the pool would not fit as the drain field runs 15 feet from the fence then goes 47 feet and we had to be 10 feet from there.  My backyard is only 93 feet in length, therefore the pool wont fit.  I had the change of use department out to verify the drain field and see if the pool could go anywhere in the yard and the states no it could not without comprising the well and septic. ***** was well aware of this info as we communicated frequently about this process.  No one is more disappointed than me as I waited all summer, with countless delays, for this pool.
  Regards,
  
  ***************************
  

  

  Business response

  12/02/2021

  We have reviewed the customers response and do apologize for taking some time to verify some information with the ************** The customer was responsible for applying for and providing us with the permit,since they did provide us with an approved permit we did proceed forward with deliver. After the pool was delivery is when the customer thought there would be an issue with the pool not fitting which is why they contacted the permit office to confirm if the pool would fit in their yard. We have been able to speak with the permit office and have confirmed the pool will not fit. The drawings we provided to the customer for their permit were with the information we were provided by the customer, we do apologize for any inconvenience. We will be contacting the customer to schedule pick up of the pool and we will be issuing a refund minus any hard costs we have incurred since the permit was the customers responsibility and we proceeded through this process due to the customer providing us with an approved permit. Once the pool has been procured,we will issue the refund. For obvious reasons, we do have to wait until we have picked up the pool before issuing the refund as explained on the contract. We thank the customer for their patience as we investigated this issue and hope this will be a satisfactory solution to their complaint. We do apologize this did not work out the way we all hoped, but thank the customer for their time and patience.

  Customer response

  12/03/2021

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined the response would not resolve my complaint.  For your reference, details of the offer I reviewed appear below. 
  
  Most of the information I agree with except for them not issuing a full refund.  Unfortunately Kayak never never expressed that I needed to contact anyone about what a complete picture of the underground field was like.  I understand the had costs but I did as well.  I paid thousands to have trees removed also to have the change of use form done, permit fees not fully refunded.  This was a honest mistake on my part but also on Kayaks for not explaining what needed to be done prior to signing and paying for this pool.  Also, I would like to know a rough time frame expected for pool pick up please 
  
  Regards,
  
  ***************************
  

  

  Business response

  12/16/2021

  The customer will be receiving a refund of $23,993.43 once the pool is picked up. We are currently working on getting a driver lined up to come out and pick the pool up. The driver will be in contact with the customer directly to schedule pickup. Thank you.

  Customer response

  12/17/2021

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined the response would not resolve my complaint.  For your reference, details of the offer I reviewed appear below. 
  
  Kayak is asking to keep ******** of my money stating these are hard costs associated with delivery, pick up and storage fees which does not make sense and is an unacceptable amount for them to keep while Im out everything.  Kayak told me they have dealt with tons of customers that have well and septic, however, they never said that the first thing I should do is file a change of use to have everything measured and to be sure the ground could be dug into and a pool placed.  Had this been done we would not be in this situation.  How is it that someone who deals with these types of customers failed to mention that to me?  Again, I paid thousands to have trees removed for this pool for which I am now out. I have not resorted to social media as many others have as I am hoping Kayak will do the right thing by picking up the pool immediately, as weather conditions are becoming rough in my area, and refund my ********* at their small loss of the pick up and delivery fees since storage fees are just ridiculous in this instance. And perhaps this is a good learning tool for Kayak to be sure that they are telling people with well and septic the correct process to start with ensuring you can have their pool.  Thank you!
  [Provide details of why you are not satisfied with this resolution.]
  
  Regards,
  
  ***************************
  

  

  Business response

  01/07/2022

  We have reviewed the customer's response and would like to remind the customer that all permits are the responsibility of the customer. It was the customer's responsibility to ensure with their city and all respective parties that the pool would fit in their backyard. We will increase the refund from $23,993.43 to $26,488.21, cutting the amount we keep for costs incurred in half. This is our final offer to the customer as we will be taking a loss at this point with delivery costs, restocking fees, pickup charges, etc. 

  Customer response

  02/23/2022

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined the response would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
  
  I will accept the refund of ********* from Kayak.  Pool must be picked up within 7 days or storage fees will apply.  How many days from pick up can I expect my refund?
  
  Regards,
  
  ***************************
  

  

  Business response

  02/25/2022

  We are arranging pickup of the pool with our delivery driver and he will pick up the pool within the next 2 weeks. He will call 24 hours in advance to inform ****** what time he is planning on arriving. Once he arrives he will inspect the pool to make sure all of the parts are there and once we receive confirmation from him that everything is accounted for we will process the refund of $26,488.21.

• Initial Complaint

  11/10/2021

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  We bought a 16x32 pool from Kayak Midwest. We agreed to be a demo site and the pool was supposed to be installed in May 2021. We provided pictures and a drawing of our backyard to ***************, the sales representative. We obtained a building permit in March and provided all the information requested by the company. Although the pool was supposed to be installed in May, it did not get delivered until the end of July 2021. The installer came to install the pool on August 6, 2021. When he saw the backyard, he stated he had no idea it had such a big slope and was unable to install the pool. ******, installer coordinator, contacted me the following day stating she would do everything needed to find out a solution. The company did not contact me back until several weeks later when ***************, the sales representative reached out via phone stating he would contact landscape companies to build a retaining wall. He asked if I would be willing to split the cost of the retaining wall. I let the company know that I did not believe this error was my responsibility because we had sent pictures and a drawing of the backyard. The company has tried to place blame on me by stating I confirmed the slope was 3 feet. I reminded them that I never provided this number and that they were the experts, not **** made a down payment of ****** in March and paid another ****** to Kayak, yet we have no pool. We are paying interest on a loan when we could have been making interest on this money. In addition, the pool has been sitting in my driveway since July 28, 2021. We have also been extremely patient through this whole experience. (Our yard has been torn up since the end of May 2021). We have signed a contract and I expect it to be fulfilled. The company is supposed to be getting quotes from local landscape companies. We have not been given any information as to what has to be done in order to install the pool. They have had over 3 months to fix this issue and nothing has been done.

  

  Business response

  11/18/2021

  We have reviewed the customers complaint and are extremely confused. Attached to this response are multiple call recordings where the customer was clearly stating the slope was 3ft. While we absolutely understand the customer is not an expert and will not argue this fact, the slope in question is 8ft which is very clearly much larger than 3ft. We have spoken with the customer about this issue on multiple occasions since we attempted to install the pool. At the beginning of this, we asked the customer to try and find 3 landscaping companies that would be able or willing to put in a retaining wall which we would have required from the beginning had we been informed of the depth of the slope. However, after requesting the customer find a few landscaping companies so we could work with her and offering to pay for a portion of the retaining wall, which we normally would not do, she stated she couldnt find anyone to do it. So we have tasked our staff to help and have found 2 of 3 quotes. From the beginning, if the customer stated the retaining wall would be too much, we would have proceeded with canceling the customers order and issuing a refund prior to having the pool fully manufactured and delivered to the customer. However, we have their custom ordered Kayak Pool including a custom liner and the pool has been delivered to their home. Typically, at this point, returning the pool would not be an option and we would offer no form of refund because the pool is in their possession. At this point, we have offer to pick up the customers pool and refund all but $2500 which will hardly cover the shipping and storage fees for the indefinite amount of time the pool will need to be stored. The customer has refused this option and is now threatening to contact a lawyer despite us trying to offer multiple options to the customer at this point.

   

  We would like to further discuss the timeframe the customer is claiming they were given. The customer entered into an agreement with us in March when we were quoting ***** business days once we begin installing for the season. That said, we were not fully in the swing of installing until May so there is no way we would have promised or stated the pool would be installed by May. After the extensive delays we experienced this season, we are happy to announce that they were within a reasonable timeframe had the slope issue not occurred. Additionally, if their yard has been torn up since May but we did not go to the property to install their pool until August, we fail to see how this has anything to do without company.

   

  We have tried working with this customer on these issues. We recognize that they have been waiting an extended period of time, however, we have no control over other companies process of providing quotes or their availability for completing work. Any other pool company would have required a retaining wall as well. We have not charged the customer for our staff looking for quotes to find a landscaper despite this being outside of what we typically offer.  Additionally, we are not charging the customer for having our installation crew come out to install a pool that wasnt possible despite our contract clearly stating that we have the right to charge additional service fees if we are unable to install the pool due to yard conditions that were not disclosed. Further, we have offered to pick up the pool and refund the customer all but $2500 which is far below what we would typically charge for any cancelation much less when the customer has the pool in their possession. If the customer would like to further discuss resolutions, we would be happy to do so, but this issue was not something that we had control of.

   

  *******************************

  Customer response

  11/18/2021

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined the response would not resolve my complaint.  For your reference, details of the offer I reviewed appear below. 
  
  First and foremost, we asked on numerous occasions for a description of the issue as to why it could not be installed. We asked for this description from ****** and ***. We were never given one. We stated it was impossible to find landscaping businesses when we had no idea what was needed. In fact, *************** stated the landscaping businesses needed to contact ****** so that she could explain. She emailed stating she could not provide a detailed description of what was needed. When the two landscaping businesses that Kayak found came out, neither knew what the issue was. This took over 2 months. We were told that the company had advertising money to put toward the retaining wall needed. On Friday, November 12th, we received an email from ****** stating they were no longer going to over money to pay for the retaining wall and stated THEY were cancelling our order and wanted to charge us for "hard costs." This goes against the contract. In addition, she stated I would have to be present for the company to pick up the pool. I had already taken a day off for the original installation that was supposed to take place in August.  I have paid the full amount for the pool (less $1000 for final installation) and have "hard costs" including interest that the company needs to pay. I want to be reimbursed for the interest I have been paying for a pool that is not installed, the days we had to take off work, the building permit cost, the cost to fix our back yard, the deposit, the down payment, and the entire cost of the pool. I would like to be reimbursed for the hours we have spent dealing with this company. 

  As for the slope-We sent the pictures and provided the diagram back in March. We were told our slope was perfect for this type of pool. I have requested ALL recordings to be sent to prove that this comment was made. Again, was confirming THEIR EXPERT DETERMINATION. I will not take responsibility because *************** forgot to share the pictures and diagram with the installation team. I am assuming he is the one stating it was 3 ft as I was not the one to come up with that number. In fact, the diagram sent to the company showed a 5 foot slope. They had this information. When I verified THEIR information, I assumed they had all the information that was sent and determined it was a 3 foot slope. 

   

  
  
  Regards,
  
  *********************

  
  

• Initial Complaint

  10/27/2021

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  In April we put money down on a pool and in June we put more money down to get pool made. we were told end of July first of September we would have our pool for the end of the season. We never got it then. We were told delays, I get it, so we were told end of Aug. first of Sept. no problem then we were never called till the pool was to arrive which turns out to be early Oct. Then Kayak said it would be installed in 10 days from delivery. We are now 4 weeks later and still no pool installed. So I call several times send several emails with no response. I want my money back and they can have their pool back. I have been lied to by these people long enough and i am done. i still have not heard from anyone and I am done.

  

  Business response

  11/09/2021

  We have reviewed the customers complaint and are extremely confused. The customers pool was delivered on September 29 and they were informed that installation occurs within 2-4 weeks after delivery. During that time, we assigned their work order to one of our installation crews who unfortunately, due to a family emergency resulting in emergency medical care,was unable to schedule installation. Once we were informed of this issue, we immediately reassigned the work order to a new installation crew who would have been able to install their pool on October 22. We contacted the customer immediately to inform them of the issue and let them know the date we planned for installation, but they refused. The attached email shows were the customer declined installation at this point, stating they wanted their pool picked up and wanted to be refunded. Since this issue occurred, we have been attempting to find a resolution with this customer. Had they not declined installation,their pool would have been completed in the given timeframe after delivery and this project would have been completed.
  
  The customer stating the pool has been sitting for 4 weeks would not have been the case had they allowed us to schedule installation.There was no way for us to install their pool since they are refusing to allow us to schedule with them. Under no circumstance, will we sent our installation crews to someones property without their consent so the pool has been on hold because they are refusing to proceed. This will remain on hold until we are able to find a resolution and the customer allows us to come to the property to complete installation or they are willing to discuss resolution. We absolutely understand this process is taking longer than expected and we do apologize for the delays, however, we were almost to the end of their process and ready to complete this project for them when they began requesting to cancel. We have received a letter from the customer and we are working to find a resolution to this issue.

• Initial Complaint

  10/27/2021

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  March 28th 2021 we ordered a pool from Kayak Pools midwest. Was told we would be swimming in 30 to 45 days. We were sent to financing. After 2 weeks and hearing nothing from financing I called to ask why they were helpful In getting the financing started and we were informed at that time 30 to 45 days started after deposit was made . Finally May 11th that was completed at a cost of $2000 for a broker fee we were not told of at the start .We ask when our pool would be installed . We were told we would be told that after we made our deposit A deposit of over $6000 was made we were told 45 to 60 days to install at that time . We were informed it was 45 to 60 business days on one of many calls and emails after that . On June 30th we received an email telling us our pool was 100 percent complete and would be installed when it was our turn August 4th was 60 business days . We have been patient with the company as long as possible after hearing every excuse humanely possible we still have no pool no date when it will be installed the last we heard our pool was to be delivered between the last week in September and the 3rd week of October. At that time we were to pay all but $1000 that was owed . Then an installer would contact us to set up an Installation date . An email stated our pool should be installed in 3 weeks . We have payed the $2000 for the loan broker we will never see after reading other complaints If we cancel we will be charged 15 percent approximately another $1000 . We are a hard working family that is a huge amount of money for nothing for us to loose. We have done our part we have been paying on a product that we were told we would have by now ************ has not contacted us since October 5th and have not responded to emails asking what is going on and when would our pool be installed since October 5th. At this point how is the company going to install our pool this season . How can anything said be trusted. HELP PLEASE.

  

  Business response

  11/05/2021

  We have reviewed the customers response and wanted to make sure we provided some clarifying information. We have been in contact with this customer in an attempt to provide resolution options to the concerns they have included in their complaint. Their response and the emails are included as attachments to this response along with the resolutions that will be reviewed below.
  
  To start, the customer did in fact enter into an agreement with Kayak Pools on March 29th, 2021. As outlined in the agreement,we quote were quoting ***** business days after all necessary paperwork,financing arrangements, and permits have been finalized, excluding any weather conditions or any major unforeseen circumstances. That being said, the customer did choose to utilize our financing department who provided them with information for our 3rd party financers, this companies are completely independent of us and any fees or costs associated with using their services is outside of our control. We do not require customers to utilize our financers if they are not comfortable with the fees or interest rates they are quoted and they are welcome to see financing elsewhere, we just offer these as an options for customers. Financing was secured by the customer on May 10 and their down payment was processed on May 11. On May 11, the customer also spoke with our *********************** to complete their Checklist which explains what is necessary in order to be installed including the necessity of securing a permit prior to being able to schedule any form of installation. The customer has signed acknowledging the contents of the Checklist document (also included with this response) which clearly reviews the timeframe, possibly weather delays and reasons weather would impede installation, permit requirements, etc.While we do state the timeframe begins once all paperwork is secured, we do move forward with ordering the customers pool once we have reviewed the Checklist information in good faith that the customer will be proceeding and secure any additional necessary information/documentation. Fast forward to our current circumstance, we have received the customers permit as of November 2,2021, as previously stated and reviewed in the Checklist we need this information to proceed with delivery and installation of the pool.
  
  We absolutely acknowledge that we have experienced delays this season, this is a known fact that we have done our best to be up front and transparent with our customers. When this customer signed their agreement with us, we had not begun installation for the season or been informed of any possible delays. We have experienced everything from manufacturing delays,shipping backlogs, warehouse storage shortages to weather delays, installer injuries/illnesses, equipment breakdowns, and delays on job sites. All of these and more factor into extended timeframes and delays for customers which is why we provide an estimated timeframe. We install all our pools in the order they were purchases, in this case the customers pool was not purchases and ordered until May 11 when the checklist was completed. While we were quoting an estimated timeframe of ***** business days when the customers entered into an agreement with us, we did extend this timeframe by the time the customer ordered their pool due to delays we were beginning to see from weather in early Spring which is why the customer was later inform an estimated ***** business days. We have requested the customers continued patience as we work through these delays and we do everything in our power to complete this project for them as soon as possible.
  
  When we contacted the customer offering resolution options,we did review the cancelation policy with them due to them specifically mentioning it here in this complaint. The cancellation fee is 15% of the total price of the pool or the deposit, whichever is greater and at this point we have received $6,916 from them which is the greater of the two, making $6,916 the cancellation fee. If they chose to cancel at this point, we would keep the $6,916 as the cancellation fee and waive the remaining $20,747. This policy is outlined in the Damages Section of the contract. However, we did offer them a secondary option to receive a partial refund if they would like to go the cancelation route acknowledging that we are offering a fair resolution to have half of their deposit refunded. While we would not typically offer any form of refund if a customer were to cancel, we do recognize this has taken longer than expected and if they are not willing to wait for their pool we wanted to provide another solution to them. We do have their custom pool and would be entitled per the contract to liquidated damages if they decided to cancel, but are willing to take that loss because they have been patient to this point.
  
  At this point, we have provided the following resolution options to the customer. We ask for their continued patience as we get to their place in line to deliver and install their pool, we would be more than happy to now provide a better timeframe for delivery now that we have received their permit. Alternatively, they are welcome to cancel their order with no refund.OR as previously mentioned, if they would like to acknowledge that we have had delays out of our control as we have been informing them of through the process and that we are offering a fair resolution, we would be happy to provide a refund of half their deposit while we take the loss because this process has taken much longer than the customer expected. We want to thank the customer for their patience through this process and do hope they allow us to move forward and complete this project.

  Customer response

  11/06/2021

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined the response would not resolve my complaint.  For your reference, details of the offer I reviewed appear below. 
  
  [Provide details of why you are not satisfied with this resolution.] First of all they were told May 11th when the money was put down to order the pool we had the permit . We were told they would ask for it when needed they ask November 1st and had it Nov. 2nd  !!!Just another excuse from Kayak Pools Midwest .ALL we are asking i to be treated fairly we are asking when our pool that we have been told on 2 occasions they have, the 100 percent  complete package. We were told was 100 percent complete and waiting our turn to be installed June 30th 2021. August 4TH 2021 was the 60 day deadline to be completed on time . H32313232363338****39H kept in touch until October 5 2021pool was to be delivered by the 3rd week of October and be installed . Then on contact no replies to emails THE PERMIT WAS NEVER ASK FOR  until after I  filed with the BBB permit was ask for on  Nov. 1st .                                                                                                                                                                                 WHEN is our turn I realize an exact date can be given. Also just saying we will get to it when we get to it should not be either! We should know if it is May 2022 or September **** or LONGER that is what we are being told now. I am asking for a commitment in writing if it is not met a full refund all monies will be refunded .I could go another summer with no pool We purchased this pool BECAUSE of the time line the salesman assured us on the pool I was a FOOL not reading the contract and believing the salesman. WHAT Month of what year will our pool be installed . I would hope since we know it is 100 percent complete and they have the pool could be installed by MAY 11th 2022 a full year from time of purchase . I say that is more than fair .                                                                                                                                                                                                                                                                     We have been patient we deserve a commitment at this point and that is what we are asking for. It is hard to believe that no pools ordered after May11th 2021 have not been installed . 
  
  Regards,                                                                                                              WE would like a commitment                                                                                                                                                                                                                                                                                                                                                                                               Brian 
  
  *****************************
  

  

  Business response

  11/09/2021

  We have reviewed the customers response and would like to reiterate as previously stated that we have contacted the customer in an attempt to discuss resolution which he has refused to discuss (this email was previously submitted as evidence). We absolutely understand the customers frustration as we are just as frustrated. We are still waiting to receive the customers pool from the manufacturer and have been requesting for it to ship.Unfortunately, the manufacturer has experienced an array of backlogs as we have explained and we have no control over the manufacturers processes. However, per the customers request, we have contacted them to provide an updated timeframe.While we cannot provide a guaranteed date because we do not control the weather, we have provided them with a projected timeframe for Spring 2022 installation. The weather has begun to get colder and we are not able to correctly install the pool and liner when the temperatures freeze. To avoid the customers warranty being voided due to installation in poor weather conditions,we have informed them that we will have them on the list for installation in Spring. We have provided the customer with the options to either store their pool themselves so we can schedule them for installation as soon as the weather is good or we can store the pool for them, when the weather is good we will schedule delivery then installation after. We have further explained that if they are able to store their pool, this would reduce the time to have installation completed in the Spring once the weather is warm enough to begin installation for the season. However, we recognize they may not have a place to store the pool and are happy to store this for them. This information was provided via email to the customer and is included with this response.
  
  Further, we would like to reiterate that our previous offers and explanation of the cancellation policy stand. When we provided this information to the customer via email they responded with anger (see email previously submitted) stating they never requested this information. We are bringing this back up because the customer specifically mentioned cancellation in their BBB complaint response. Our cancellation policy still stands, but so does our offer regarding cancellation if they would like to proceed with this option if they arent willing to wait for their place in line. We do hope to hear back from the customer on how they would like to proceed.

• Initial Complaint

  10/21/2021

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I signed my pool contract in August of 2020. Provided my 25% down payment in March of 2021. Was told the standard lead times are 30 - ******************************************************* September. My pool kit was not complete and the install was not performed correctly as my pool has completely lost all of it's water. I have been waiting for 6 weeks now without a clear time frame to have my pool fixed. Due to the complete loss of water the liner is now loose and the pool bottom is completely destroyed. I am looking to have some support in getting this pool removed from my property and a full refund of money spent as I have no faith that Kayak pools midwest will honor their warranty and correctly fix this pool.

  

  Business response

  10/27/2021

  We have reviewed this customers complaint and are extremely confused because has had been in communication with this customer regarding this issue. Further, as they stated in their complaint, parts need to be ordered for us to fix the issue they are filing about. This issue was first reported to us at the beginning of September, we had one of our Technicians out to evaluate the issue immediate but needed to send a leak detection company because they have specialized equipment. Unfortunately, the company we contacted wasnt available until to schedule until September 28th and since this is a third party we have no control over this. We were able to find a different company to go out on the 21st instead but were still contacting multiple companies. We werent able to secure someone to go out sooner than the 21st of September to fix the issue, which led the to the customer getting extremely angry at us and being rude to our staff when we being proactive in trying to find someone to go out sooner. After the ********************** came out, we received extremely hateful emails from the customer using profanity and being extremely rude to our staff. Despite this,we tried working with them to get this issue resolved as quickly as possible.Based on the Leak Detection companies report, we needed to order some additional parts to fix this problem for the customer long term and we began receiving emails from the customer with lists of demands wanting new chemicals added to the pool, wanting his liner cleaned, his sand bottom reworked, and his ladder and steps installed. We assured the customer we would be doing all of these and informed the customer on 10/6 that we have ordered his parts and new liner. We would like to be clear that all of this was already in the works and we were just waiting for the customer to receive these parts in order to move forward with servicing the pool when he filed this complaint on 10/21. As of 10/25, the customer has informed us that he received his liner and we have created the work order to fix this. We do not have the customer scheduled yet,it often takes a couple days for the Technician to be able to schedule the service call. However, we have clearly been extremely proactive in fixing this issue, we have kept the customer updated along the way, and have simply asked for his patience while we waited for the parts to come in. If the customer was upset or felt we werent doing enough, we would have been happy to have that discussion with him. Moving forward, if the customer has any questions or concerns, please feel free to discuss that with us and give us a chance to fully resolve the issue before filing a complaint. We understand this was extremely frustrating, we would have been more than happy to discuss this further if you felt it wasnt being handled.

  Customer response

  11/04/2021

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID 16047098, and have determined the response would not resolve my complaint.  For your reference, details of the offer I reviewed appear below. 
  
  [Provide details of why you are not satisfied with this resolution.]

  I still do not have a timeline for having my pool fixed now that the missing pieces are available. As for me providing a "List of demands", these are all things that will need to be redone due to the pool sitting for months without water! This is not my issue and I am certainly not going to be responsible for any of this. They installed my pool and added the chemicals in. All of the water that was treated is now gone due to the lack of urgency in getting this resolved. The hole hasn't been back filled as it was unclear what would need to be done to correct the issue. There is water under the pool and it's now 28degrees at night so who knows what other issues will arise when this finally does get fixed. Clearly Kayak Pools Midwest does not feel that moving quickly to support customers is a requirement, especially when they require you to pay for 99% of the pool before it's even installed! Yes this is my frustration, I haven't been able to finish my patio, grass, fencing or electrical due to these delays. I am honestly done with this piece of garbage pool and I absolutely will do everything I can to make Kayak Pools Midwest a disgrace all over social Media! 
  
  Regards,
  
  Steve Mcneil

  
  

• Initial Complaint

  10/18/2021

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  We ordered a 16x24 above ground pool from Kayak Midwest in April 2021. Total amount paid to Kayak: ********* to date. While we were guaranteed in our contract that our pool would be installed in June 2021, it was not installed until September 28th 2021. The crew that installed our pool significantly damaged the product, leaving sharp raw edges of cut metal, missing pieces of the outer fencing, we were missing our pool light all together and significantly damaged our yard with their equipment. We contacted Kayak Midwest the next day with all of our concerns and they ensure they would have everything fixed within a couple weeks. They requested photo documentation of all damage and this was sent to them on October 4, 2021. NOW they will not return our multiple emails and phone calls since this date. We would like our fence replaced and light installed. FINSIH THE JOB.DocuSign Envelope ID: ************************************

  

  Business response

  10/26/2021

  We have received the customers complaint and are confused because we had spoken with the customer about these issues and are waiting to receive the parts to fix it. We had spoken to the customer at the beginning of October. At that time, we requested photos be sent so we could evaluate the issue and order the parts necessary to fix the issue. At this time, we are waiting on the replacement fencing to come in from the manufacturer in order to schedule a technician to go out and replace it. There is no work we can do to fix this until we have the replacement pieces and we dont have control over how long it takes for the manufacturer to send the items needed. Once the fencing is received, we will have a technician schedule service with the customer. However, since we arent sure when we will receive these parts we cant schedule service at this time. We apologize if this was not made clear to the customer. That said, we anticipate being able to complete this service request this season.
  
  We absolutely understand the customers frustration and we apologize that this was not completed correctly in the first place. We are currently looking into this further to understand what happened and why this wasnt completed the right way the first time. We appreciate the customers patience as we wait for these parts and this will of course be completed at not cost to the customer. If the customer has any further questions, we ask that they contact our Installation and *******************

• Initial Complaint

  09/28/2021

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Our pool was installed on August 21, 2021, this was after waiting three months past the promised date of installation. The pool broke September 4, 2021 only two weeks after installation. We have contacted Kayak repeatedly to receive service and have the pool fixed. It took them three weeks to send a part that they told us would be sent with three day shipping. The part is not the one needed to fix the pool and the promised service person has never been heard from or seen. Calls to the company are ignored and a message on voicemail tells you to send an email which just leads to more run around. We regret our decision to go with Kayak pools very much and would not recommend them to anyone to purchase. If it was possible to return ours we would in a heartbeat.

  

  Business response

  10/08/2021

  We have reviewed the customers complaint and apologize for the delay. We dont have any control over how long it takes for items to be shipped from the manufacturer but absolutely understand the customers frustration that it took 3 weeks to receive the part they needed. After the customer received this part, we were able to get a work order sent out to our service technician but they are working on a delay at this time. The Service Technician has been push behind and we have not been able to get the Tutorows scheduled to fix this issue but have been in contact with the technician to get a better idea on timeline. We are expecting the Technician to contact the customer within the next couple days to schedule their service. We greatly apologize for the inconvenience and appreciate the customers patience as we work to get their pool Service completed. We have every intention of fixing this problem as soon as possible we are just waiting for the technician to be available which should be very soon.

  Customer response

  10/13/2021

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined the response would not resolve my complaint. Our pool has not been serviced as of today, the pool has been broken for more than a month. We are unable to use the pool, we are unable to maintain the water in the pool, and we are not able to winterize our pool. We only had the pool for 2 weeks before the part broke. There has been no resolution.Regards,
  
  *************************
  

  

  Business response

  10/22/2021

  We understand the customer has been waiting a longer period of time than we would have liked. To reiterate, part of this was due to waiting for the parts to come in from the manufacturer. There was nothing we could do until the parts arrived. Since the parts arrived, we assigned the work order to one of our technicians to get them scheduled. Unfortunately, this technician was further behind on scheduling than we had hoped so we have reassigned this to another technician. At this time, this technician is working to get the customer scheduled but has had to push back a few of his other service calls that he is working. As soon as he is caught up, he will get the Tutorows scheduled for service. Since the technician will already be there to fix the customers pool, he would be more than happy to winterize the pool for the customer. Again, we apologize for the delay and inconvenience. This was not something we expected to happen and we appreciate the customers patience as we get them scheduled for service.

*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. ↩