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Report: #107973

Complaint Review: CalSpas Aka California Acrylic Industries - Pomona California

  • Submitted:
  • Updated:
  • Reported By: Rangely Colorado
  • Author Not Confirmed What's this?
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  • CalSpas Aka California Acrylic Industries 1462 East 9th Street Pomona, California U.S.A.

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On July 1, 2000 my wife and I purchase a Genesis Pacifica spa from CalSpas in Grand Junction, Colorado after having to reorder the spa because the company ordered the wrong one originally the spa was delivered on August 15, 2000.

On July 6, 2001 two cracks in the shell were discovered during cleaning. After contacting the dealer in Grand Junction they sent a maintenance man to examine the crack, he looked at the crack turned the spa on it's side and said the concrete pad was not entirely level. The pad was level. The dealer refused to cover the crack and we repaired the spa ourselves.

One year later in 2002 the shell continued to crack after over 30 cracks the spa became unuseable. We now have a $5453 paperweight in our backyard. During this year the dealer went out of business so we were forced to contact the home company in Pomona, California.

We sent them a letter along with pictures of the pad, spa, and cracks. The customer service department gave us the run around for over three months when they finally notified us that the warranty would not cover the shell.

Now two years later a customer service representative from CalSpas contacted us to say they were reevaluating the claim. After sending them more pictures and numerous emails between them and us they have once again refused to make good on the warranty.

They stated that a pre-inspection should have been preformed and the information needed to be oked through the warranty department before anything was done. Their dealer did not do this and we were not made aware that it needed to be done. It is not our fault they let anyone run one of their franchises. This franchise went out of business because of the complaints made against them but they refuse to honor their warranty.

According to their website they state that their business philosophy is that their vision goes beyond just the product but to their service and reputation. Obviously this is a false statement.

This has caused a great deal of stress for my family and we hope no one else has to go through what we have gone through.

Fred & Merrie
Rangely, Colorado
U.S.A.

This report was posted on Ripoff Report on 09/11/2004 07:49 PM and is a permanent record located here: https://www.ripoffreport.com/reports/calspas-aka-california-acrylic-industries/pomona-california-91766/calspas-aka-california-acrylic-industries-in-hot-water-from-ripoff-from-calspas-warranty-i-107973. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
0Author
5Consumer
0Employee/Owner

#5 Consumer Comment

Previous Statement Made by Employee is False

AUTHOR: Joe - (U.S.A.)

POSTED: Friday, May 04, 2007

The statement made by the employee of CalSpa is either false or points to an illegal practice on CalSpa's end. It is unlawful to void a warranty simply because it was serviced by somebody other than the manufacturer, unless that service is performed for free.

And, I think its safe to say that nobody at CalSpa's dealers will service your tub for free.

Take a look at the Magnusson-Moss Warranty Act. Here is an excerpt:

"Generally, tie-in sales provisions are not allowed. Such a provision would require a purchaser of the warranted product to buy an item or service from a particular company to use with the warranted product in order to be eligible to receive a remedy under the warranty."

You cannot void a warranty because it was serviced by somebody else, unless you can prove *specifically* that it was the direct cause of the failure.

So, either stop giving people false information (which is what I hope just happened), or even worse- change your warranty before you get sued.

According to federal law, you owe this customer a repair if you voided the warranty because somebody else moved the spa, unless you can prove that it was improperly moved (which I see no evidence of here).

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#4 UPDATE Employee

Following your Warranty Instructions

AUTHOR: Tammie - (U.S.A.)

POSTED: Monday, September 20, 2004

Hi, I am the Consumer Affairs Controller for Cal Spas in Pomona, also I am the representative that made contact with Merrie regarding her problems with the spa. Unfortunately Merrie and her husband did not follow warranty instructions. There spa was not on level foundation. When they purchased their spa, they were given instructions on how the spa was to be hooked up and letting them know that the foundation had to be on level ground. Also it states in their warranty in order for a spa to be moved, a service person or dealer of Cal Spas has to obtain authorization from warranty dept, a pre-inspection of shell, cabinet, plumbing, equipment and foundation is performed prior to relocation, picutures has to be submitted to warranty and a post test is performed, this is all stated in their warranty. Whenever a you or someone other than a Cal Spas person work on your spa, that voids the warranty. Whatever problems you have indured with Cal Spas we truly apologize, but you have too follow warranty procedures in order for your warranty to be valid.

Thank you,

Consumer Affairs Controller

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#3 UPDATE Employee

Following your Warranty Instructions

AUTHOR: Tammie - (U.S.A.)

POSTED: Monday, September 20, 2004

Hi, I am the Consumer Affairs Controller for Cal Spas in Pomona, also I am the representative that made contact with Merrie regarding her problems with the spa. Unfortunately Merrie and her husband did not follow warranty instructions. There spa was not on level foundation. When they purchased their spa, they were given instructions on how the spa was to be hooked up and letting them know that the foundation had to be on level ground. Also it states in their warranty in order for a spa to be moved, a service person or dealer of Cal Spas has to obtain authorization from warranty dept, a pre-inspection of shell, cabinet, plumbing, equipment and foundation is performed prior to relocation, picutures has to be submitted to warranty and a post test is performed, this is all stated in their warranty. Whenever a you or someone other than a Cal Spas person work on your spa, that voids the warranty. Whatever problems you have indured with Cal Spas we truly apologize, but you have too follow warranty procedures in order for your warranty to be valid.

Thank you,

Consumer Affairs Controller

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#2 UPDATE Employee

Following your Warranty Instructions

AUTHOR: Tammie - (U.S.A.)

POSTED: Monday, September 20, 2004

Hi, I am the Consumer Affairs Controller for Cal Spas in Pomona, also I am the representative that made contact with Merrie regarding her problems with the spa. Unfortunately Merrie and her husband did not follow warranty instructions. There spa was not on level foundation. When they purchased their spa, they were given instructions on how the spa was to be hooked up and letting them know that the foundation had to be on level ground. Also it states in their warranty in order for a spa to be moved, a service person or dealer of Cal Spas has to obtain authorization from warranty dept, a pre-inspection of shell, cabinet, plumbing, equipment and foundation is performed prior to relocation, picutures has to be submitted to warranty and a post test is performed, this is all stated in their warranty. Whenever a you or someone other than a Cal Spas person work on your spa, that voids the warranty. Whatever problems you have indured with Cal Spas we truly apologize, but you have too follow warranty procedures in order for your warranty to be valid.

Thank you,

Consumer Affairs Controller

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#1 UPDATE Employee

Following your Warranty Instructions

AUTHOR: Tammie - (U.S.A.)

POSTED: Monday, September 20, 2004

Hi, I am the Consumer Affairs Controller for Cal Spas in Pomona, also I am the representative that made contact with Merrie regarding her problems with the spa. Unfortunately Merrie and her husband did not follow warranty instructions. There spa was not on level foundation. When they purchased their spa, they were given instructions on how the spa was to be hooked up and letting them know that the foundation had to be on level ground. Also it states in their warranty in order for a spa to be moved, a service person or dealer of Cal Spas has to obtain authorization from warranty dept, a pre-inspection of shell, cabinet, plumbing, equipment and foundation is performed prior to relocation, picutures has to be submitted to warranty and a post test is performed, this is all stated in their warranty. Whenever a you or someone other than a Cal Spas person work on your spa, that voids the warranty. Whatever problems you have indured with Cal Spas we truly apologize, but you have too follow warranty procedures in order for your warranty to be valid.

Thank you,

Consumer Affairs Controller

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