Complaints

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• Initial Complaint

  Date:10/14/2023

  Type:Service or Repair 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.

  1/6/2023: Bought a PDC Swim Spa from the dealer recommended on PDC's web site: Absolute Comfort Hot Tubs & Swim Spas. Later I discovered that Absolute is not a licensed business in Nevada. Spa was installed on 6/2023. On 8/2023 I was informed by an Absolute employee to turn the power off for the spa or risk being electrocuted. A drain was not installed in the concrete vault, my spa was sitting in a minimum of 5' of water. I contacted PDC support and they directed me to the link that listed the rules of recessed installations. Out of the 9 items listed, Absolute failed on 7. Absolute state that this is no their fault. I reached out to Mr. R*** and he sent me a certified letter telling me to turn the power off. Neither PDC or Absolute will address my issues. PDC states that they train all of their distributers but will not provide me any documentation that Absolute attended any training. Now I have a spa that I cannot turn on the power and has lost all of its' warranty. PDC is telling me that Absolute should be responsible to fix the issues but they are not licensed to in Nevada and will not communicate with me. As of today, 10/2/2023, I have no working spa. If I can get a new spa, with full warrant, I will hire Nevada professionals to install it. I also want the existing spa removed.

  Business Response

  Date: 10/19/2023

  I am going to do my best to respond in order of the original email to make sure all statements are answered in the correcrt order

  1- Absolute comfort is a retail store.  Absolute Comfort is not required to be licensed in Nevada to sell Hot or Swim spas. Customer come to us to purchase in St. George.  

  2- When we arrived on 8/31/2023 to install a wifi module that the customer later wanted to purchase and replace 2 panels per the warranty of PDC, we discovered standing water of about 3 inches in the vault.  We turned off the power as a safety measure to the swim spa.  We then returned on 9/14/2023, as a good will gesture, we pumped out the 3 inches of water, replaced the panels and turned the swim spa back on.  We treated the water and as you can see from the 2nd photo, one of the spa techs got into the unit for about 10 minutes to show the customer that the unit was safe to use.  During this time, we also located the drain in the vault that does exist. We also dry vacuumed and ran a snake through drain to prove it's existence. Clogged drains are the responsibility of the homeowner to make sure all is clear and working properly, especially months after the installation.  see pic 1 with blue tape that shows drain.  also see pic 3 of drain  

  3. the vault AND drain was absolutely installed by the sub-contractor.  we do not offer any in house construction, concrete or electrical work.  all photos are provided as proof to the existence of the drain and the unit being left in working order. 

  4.  There is no way that the spa can be sitting in 5 ft of water.  The unit is only 56 inches in height. and the unit is only sitting 26 inches in the ground and 30 inches above the ground.  There is no possible way that 5 ft of water could exist in a vault that is only 26 inches in depth. 

  5.  The unit was in working order when we left on 9/14.  If the power has been turned back off for any reason, This was done by the homeowner.  

  In conclusion there have been several accusations made by the customer that are not true.  We have honored the warranty provided by PDC and have tried to help get this situation resolved. The reason PDC canceled the warranty is because the customer told them, like they are telling you things that are not true.  I Spoke with PDC directly and let them know there IS a drain installed and I was told the customer failed to mention that.  If PDC, the manufacturer canceled the customers warranty, they will have to discuss that with them directly.  But we DID let PDC know that the unit is in working order on 9/15

   

  Customer Answer

  Date: 10/20/2023

  
  
  Complaint: ********
  
  
  
  I am rejecting this response because:

  
  I am going to do my best to respond in order of the original email to make sure all statements are answered in the correcrt order
  Note:  I hate the term “we” that absolute uses in their response.  Ms. L****** has never, personally, come to my house to see the issue.  I also do not know the qualifications of any of the people that she sent to evaluate.
  
  1-Absolute comfort is a retail store.  Absolute Comfort is not required to be licensed in Nevada to sell Hot or Swim spas. Customer come to us to purchase in St. George.  
  I never stepped foot in the Absolute Comfort store.  All communication was done either via phone, email or texts.  She does not have a licesnse to sell in Nevada.  She is trying to hide the fact that she was illegally selling in Nevada by stating that I came to her store
  I first contacted Absolute in December 2022.
  Ms. L****** came to my house on 1/5/2023
  I signed a contract, at my house, on 1/6/2023
  2-When we arrived on 8/31/2023 (actual date 09/03/23). to install a wifi module that the customer later (wrong) wanted to purchase.  I requested to purchase the wifi module on my original order, to date, have never received.  Her date is wrong, members of her team arrived on 08/16/20.23 to replace the panels.  No mention that I was finally going to receive the wifi that I had ordered.  The power was shut off on 08/16/2023.
  and replace 2 panels per the       We turned off the power as a safety measure to the swim spa.  We then returned on 9/14/2023, as a good will gesture, we pumped out the 3 inches of water, replaced the panels and turned the swim spa back on.  We treated the water and as you can see from the 2nd photo, one of the spa techs got into the unit for about 10 minutes to show the customer that the unit was safe to use.  
  Absolute’s picture of their employee in the spa was done against the manufacturer’s instructions to turn the spa off and stay out of it until the problem was fixed.  It was never proven fixed to me and I do not know if he was informed of the danger he was putting himself in.
  
  During this time, we also located the drain in the vault that does exist. We also dry vacuumed and ran a snake through drain to prove it's existence. Clogged drains are the responsibility of the homeowner to make sure all is clear and working properly, especially months after the installation. Spa was not completed until 8/2023, not months.   see pic 1 with blue tape that shows drain.  also see pic 3 of drain.  How is one supposed to check a phantom drain that is underneath a 30,000 pound spa?
  3. the vault AND drain was absolutely installed by the sub-contractor.  we do not offer any in house construction, concrete or electrical work.  all photos are provided as proof to the existence of the drain and the unit being left in working order. 
  I have no contract with a contractor other than the electrical contractor, who I paid directly.  Absolute hired and paid the concrete contractor.  I didn’t even know the name of the contractor until September.  I do not even know what the cost of the concrete work was.
  The picture shows a hole, not a drain.  No trenching was done to drain the water away from the bottom of the concrete vault. I asked the contractor who laid the pavers if there was any sign of trench work done and he said no.  No one deomonstrated that a snake had been ran.  As of today (9/19/2023) there is still water in the bottom.  The gray tubing above the hole contains the electric, it is not a drain.         
  4.  There is no way that the spa can be sitting in 5 ft (5”) of water.  The unit is only 56 inches in height. and the unit is only sitting 26 inches in the ground and 30 inches above the ground.  There is no possible way that 5 ft of water could exist in a vault that is only 26 inches in depth.  
  5.  The unit was in working order when we left on 9/14.  If the power has been turned back off for any reason, This was done by the homeowner.  I have never turned the power on since the first time.  Absolute could not prove to me that there was a drain.  To this date, there is still water in there.
  In conclusion there have been several accusations made by the customer that are not true.  We have honored the warranty provided by PDC and have tried to help get this situation resolved. The reason PDC canceled the warranty is because the customer told them, like they are telling you things that are not true.  I Spoke with PDC directly and let them know there IS a drain installed and I was told the customer failed to mention that.  If PDC, the manufacturer canceled the customers warranty, they will have to discuss that with them directly.  But we DID let PDC know that the unit is in working order on 9/15. Am I to assume that the blue pieces of packing material are the solution?  Why would I need that if there was a drain????  Now my spa is just going to overheat.
  
  I am asking that the Swim Spa be removed from my property and my costs to install it be refunded, $147,610.11
  
  See my attached documentation as proof.  
  
  
  
  Sincerely,
  
  
  
  ***** ****

  Business Response

  Date: 10/25/2023

  Absolute Comfort and ***** **** met in person yesterday.  A solution for the issues was presented.  Absolute Comfort is awaiting a response from ***** **** to see if she would like to come to agreement on the terms and move forward with the solutions.  

  Customer Answer

  Date: 10/27/2023

  
  
  Complaint: ********
  
  
  
  I am rejecting this response because:
  
  
  Yes, we did talk and came up with a solution.  However, I came up with a Plan B.

  My plan is to go back to the HOA and request an exception to their 36” height restriction to allow my spa (56”) to be installed correctly.  If I can can get this approved, Absolute, agreed to lift the spa out and fill the vault with whatever would make a strong pad and then place the spa back on the pad.  They would still owe me $6,000 that they have no proof that it was used on my spa.

  I don’t know how BBB wants to proceed.  Working with the HOA could take several months to get a final answer from.  If I do not get approval, I will accept the initial solution that absolute proposed

  
  
  Sincerely,
  
  
  
  ***** ****

  Business Response

  Date: 10/27/2023

  Yes, ***** did contact me directly on a plan B.  I agree we will need to wait until approved by the HOA or go back to plan A 

   

   

  Customer Answer

  Date: 10/30/2023

  
  
  Better Business Bureau:
  
  
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me.
  
  
  
  
  Sincerely,
  
  
  
  ***** ****

  Customer Answer

  Date: 12/21/2023

  You still have not deposited the $6,000 back into my loan as promised in September.

  
  

  Finally got a decision from the HOA.  They did not approve my request to lift the spa out and put it on a concrete pad.

  
  

  I have a bid from Jose's concrete to put 4" drainage system in, 4" of natural soil and 4" of concrete.  $4,200.

  
  

  During this process I am assuming that you will pay the cost to lift the spa out of the vault and storage until the work is complete.

  
  

  I would also like to receive documentation of your promise to pay for crane service, if needed, for maintenance 

  
  

  Sent from my iPad

  
  

  Business Response

  Date: 01/02/2024

  Due to Ms. **** implementing a Cease and Desist to Absolute Comfort; at this time I cannot comment on this matter until the cease and desist with the state of Nevada is cleared up.