• Report: #1058377

Complaint Review: Artesian Pools

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  • Submitted: Tue, June 11, 2013
  • Updated: Tue, June 11, 2013

  • Reported By: DannyG — Windermere Florida
Artesian Pools
7347 E. Colonial Dr Orlando, Florida USA

Artesian Pools Artesian Pools Breched my contract 2 days before the build date! Orlando Florida

*REBUTTAL Owner of company: Artesian's Rebuttal Client's rebuttal

*Author of original report: Response to Artesian's rebuttal

*REBUTTAL Owner of company: Breach of Contract complaint is not accurate !

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Unfortunately, Artesian pools took us through the entire sales process including a signed agreement, deposited check and notification of build date only to change the terms of our agreement 2 days before the build and over 3 weeks after we signed the agreement. They guaranteed the pool would be built within 9 weeks or pay us $100 per day it wasn't and changed to 11 weeks and $50 per day right before the build assuming we would be forced to sign it just because we had no choice, "we were so far into the quote". We refused to sign it, they said they cannot honor it and ultimately resulted in them cancelling the agreement.

We now have to look for another company, start the process all over again and ultimately miss out on the summer swim time. We signed the agreement May 2nd, the signed and executed May 28th (by Keith Cooper, President) then on the 31st they said "no we cant build under those terms". We tried to work out with the President at which he basically said I can't honor it, I never accepted it (which he did, we have an executed contract with his signature) and said "we should just cancel, its in the best interest of both parties". (he was nice and responsive but ultimately did nothing) They did send my refund for the deposit, but ultimately ruined our pool buying experience and summer.

Furthermore, the sales person Tony Allo was not the easiest to deal with, constantly changing items along the way, during the sales process and ultimately acting very unprofessional at times. We feel it was a result of him being "tired of negotiating" and just losing interest in the project. In spite of various red flags from the sales experience we ultimately signed the contract thinking the history and reputation of Artesian would outweigh that but boy were we wrong!

Terrible customer experience, also filing complaint against the FSPA. They wasted our time and ultimately didn't care that they breached our contract and walked away. Lesson learned, trust your gut and do business with someone you like and trust.


This report was posted on Ripoff Report on 06/11/2013 04:31 PM and is a permanent record located here: http://www.ripoffreport.com/r/Artesian-Pools/Orlando-Florida-32807/Artesian-Pools-Artesian-Pools-Breched-my-contract-2-days-before-the-build-date-Orlando-1058377. 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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REBUTTALS & REPLIES:
1Author 0Consumer 2Employee/Owner
Updates & Rebuttals

#1 REBUTTAL Owner of company

Artesian's Rebuttal Client's rebuttal

AUTHOR: Artesian Pools Inc - ()

What's amusing to me is the lack of truth and facts from this "almost client".  If there was any truth, validity or shred of documentation backing up his claims, then the Better Business Bureau would have formally put a complaint on my record, which they didn't.  As of today,  I have yet to see or hear about an alleged arbitration.   This is my last response to any rebuttals, unless I can happily share the results of an arbitration that I suspect will never happen. 

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#2 Author of original report

Response to Artesian's rebuttal

AUTHOR: DannyG - ()

This is amusing; it’s amusing because he thinks consumers will not see right through the initial rhetoric sales pitch he opened with to distract from the facts.

Nobody said Artesian has a bad reputation, nor do I expect the FSPA to say Artesian has a bad reputation, as a matter of fact I stated that I chose them because of that reputation in spite of a less than favorable experience with the sales person. His "addendum" he is referring to is not an addendum, it is a completion date document that was presented alongside and signed with the contract, it is not an "addendum" it is part of the initial deal agreed upon dating back to an email 3 weeks before we signed the contract.

And the reason I didn’t mention the "French grey and LED lighting" part was to not make this worse than it was, but since he brought it up here you go. The reason I asked for those in exchange when they changed the contract was because it was part of our discussions, emails and meeting every single time up to the contract signing, then it was all of the sudden changed by the sales person for various reasons/excuses; again, my thought is because we negotiated too much and he was selling at slim margins. We reluctantly agreed and moved forward without those 2 things we wanted but again, another example of the poor experience with Artesian and the sales person.

I am not arguing that Artesian is necessarily a good or bad company; I am just stating our particular experience was very poor and the owner or sales person didn’t handle appropriately. Rather than admitting their mistake and accepting that they clearly cancelled an agreed upon contract, they would rather use the excuse they "they didnt accept the agreement" and go to arbitration, which is where we’re going now. So that being said; my statement still stands, they handled the situation unprofessionally and because they sold something they cannot deliver.  It is a simple lesson and common mistake by many companies; under promise and over deliver, not the other way around.

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#3 REBUTTAL Owner of company

Breach of Contract complaint is not accurate !

AUTHOR: Artesian Pools Inc - ()

I am the president/owner of Artesian Pools Inc.  My company has been building pools in the greater Orlando area since 1976.  The readers of Orlando Magazine have recently voted Artesian Pools as one of the top two pool contractors in Orlando for 2013. If you have any questions,  I can be reached through my website at www.artesianpools.com

Please feel free to call the FSPA and ask about Artesian Pools's superb reputation and integrity. This rebuttal is in response to  Danny G's complaint from Windermere about an alleged breach of contract.  I will be happy to share all email correspondence,  signed contracts and paperwork relating to this matter. 

Artesian Pools agreed to a contract with a specific price and specifications of what was to be built for Mr. Danny G.  Artesian Pools has no issues with these terms and specifications included with the signed contract.  There is zero dispute that Artesian accepted the terms and conditions of the contract itself.  What Danny G,  fails to mention, is that there was an addendum or separate completion clause with a 100 a day penalty for failure to complete the pool in a certain time frame. This addendum is not referenced anywhere in the contract nor was it signed or accepted by both parties. 

The original addendum request was asking for a 7 or 8 week completion clause with penalty.  I was asking for an 11 week completion clause.  Danny G's pool was a very elaborate pool with a spa, screen enclosure,  travertine coping, paver deck,  stacked rock, etc.  These elaborate and more detailed projects can take a few extra weeks of construction time.  The completion addendum which was not mentioned or referenced in my contract was never signed by me and certainly was never accepted by me,  as stated by Danny G.  A breach of contract would have occurred if Artesian Pools signed a copy of an addendum or if the contract had any mention of this completion clause.  In order to protect both parties,  any addendums, additions, or changes to a contract must be agreed and signed by both parties.  I can assure you that Danny G will not be able to produce a signed addendum or contract referencing any completion clause. 

After Danny G was asked to sign a completion addendum, acceptable by Artesian Pools,  he said "we are not signing the new completion letter unless you give us French Gray color and LED lighting with Color Logic.    If this isn't possible then you either honor the original completion letter or just give us a full refund and we will move on."  With these demands and our inability to reach an agreement for a penalty completion clause on an elaborate pool,  I immediately decided that we would return the full deposit and let the client move on,  as requested.  When a relationship between two parties has soured to this extent,  before even beginning construction,  I feel canceling was in the best interest of both parties. 

Buying a pool should be an enjoyable experience for both parties.  Artesian Pools can provide surveys from 100's of our latest pool owners which can demonstrate a good experience.  I'm very sorry that Danny G had a bad experience with Artesian and wish him the best of luck. 

 

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