- Report: #774392
Report - Rebuttal - Arbitrate
Complaint Review: Blue Haven Pools
Blue Haven Pools7119 Veterans Memorial blvd Metairie, Louisiana United States of America
Blue Haven Pools Failure to stand by warranty Metairie, Louisiana
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I have contacted Blue Haven pools many times since May 4th of 2011 and waited long periods of time before they would reply with any response. I have sent numerous emails, made phone calls and waited for people to show up that have never come. After much frustration I was able to get Judy to send someone to check the spa to try to determine the cause of the leak. A sub contractor sent by Blue Haven arrived on June 2nd to locate the leak. After he spent more than an hour around and in the pool he was able to determine that there was no leaks originating from within the spa or waterfall area. He felt that with the amount of water running down the wall of the spa the leak was coming from the plumbing within the spa wall. He did not have the proper tools necessary to pressure test the pipes and said Blue Haven would have to send another tech out to confirm a plumbing leak.
Several weeks went by with no word from Blue Haven to inform me when they would send someone to check the plumbing. After more emails went without reply I made a follow up phone call on July 28th. I spoke with Judy Abadie who informed me that my warranty did not cover repairs to plumbing. I informed Judy that I had several papers given to me at the time of signing my contract that stated otherwise. Those documents show that Blue Haven sold me a pool with a lifetime warranty on underpool and underground plumbing which covers materials and labor as well as a lifetime warranty on the pool structural shell to cover labor and materials on leaks due to cracks. She informed me that my contract pre dated the current contracts they offer which do not offer such warranties. She asked me to fax her copies of the papers I had and said she would pass them on to her manager. I faxed the documents to her and called to confirm that she had received them.
No action was taken by Blue Haven until I sent another email wondering what was going on. I received a phone call from Judy on August 31st telling me her manager Robert Namer would not authorize repairs under warranty. Judy explained that Mr. Namer believed that my paperwork was not proof of warranty and referred to it as a sales tactic to sell a high volume of pools. He felt he did not have to stand behind the warranty as any additional warranties like this had to be purchased during the signing of the contract.
After reviewing all of my Blue Haven documents I found additional proof that my warranty was meant to cover this type of repair. I went over my pool contract line by line and found that handwritten into my contract was the addition of a "Total Smart Pac" that was added into the price of my pool. Additional paperwork given at the time of the contract negotiation shows a listing of what was included in the "Blue Haven Exclusive Smart Pac" listed on the list of items was the lifetime warranty of in pool and under pool plumbing. I called to make Judy aware of the additional papers I had located as well as the line item written into the contract showing that we did indeed include this warranty in our pool purchase. She asked me to send her this information to pass on to Mr. Namer and gave me a contact number to reach him in San Diego where he was. I told her I would wait to contact him when he returned to the Metairie office the following Wednesday. I then faxed the additional documents to her on Tuesday, Sept. 6th.
My husband made the phone call to Mr. Robert Namer on the 7th and was confronted by a discourteous man who had no intention of repairing my pool. He opened the conversation by telling my husband "Well I would be doing ok if not having to deal with sh*t like this" and then laughed at himself. He stated that Judy had updated him on our problems with the pool but that he cannot honor the warranty because nobody can make a lifetime warranty. He stated that things wear out and they stand by the structure but not the equipment which is bound by the manufacturers warranty. My husband explained that the problem was not with a heater, filter, pump or equipment but possibly the plumbing.
Mr. Namers response was "C'mon, we live in south Louisiana, you know we can't warrant that because of ground water and settling. My husband explained that as a consumer he was upset that we had signed a good faith agreement with them that they were not living up to. He mentioned the addition of the "Smart Pac" in our contract. Mr. Namer maintains that was just equipment and had nothing to do with extended warranties. My husband mentioned the paper explaining the "smart pac" and he accused my husband of creating that document saying anyone can print that paper. He told my husband he was gullible and fell prey to a rouge salesman.
He said they were a National company with a team of lawyers to fight false claims like this. My husband told him this was not a false claim that this was what we were promised when we signed our contract with their company. He told my husband to get a lawyer with a contingency plan because we would lose stating that he has fought off the Better Business Bureau, The FTC, the Attorney Generals Office and other false claims brought by people like us. He then told my husband he had a long distance call on hold and cut him off with no resolution to our problem other than to offer to fix it if we pay for the repair.
We are left with a very visible leak that if allowed to continue without repair will cause further damage to the pool. Our water bills are higher due to the need to top off the water to allow the pool to function properly. I am no closer to getting this pool repaired under the warranty I paid for and was promised and this guy gets to continue to do business in Louisiana. I am not sure why this company is allowed to continue with such fraudulent practices. This does not seem to be an isolated problem.
This report was posted on Ripoff Report on 09/08/2011 11:34 AM and is a permanent record located here: http://www.ripoffreport.com/r/Blue-Haven-Pools/Metairie-Louisiana-70360/Blue-Haven-Pools-Failure-to-stand-by-warranty-Metairie-Louisiana-774392. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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