Arroyo Pools Oscar Arroyo This company NEVER answer the phone, stay away, they are not professionals at all. Culter Bay Florida

We are very troubled to read Mr. Schinoff’s review about our company.  Although we do our very best to provide our customers with the kind of personal and specialized service a family owned company takes pride in offering their clients, we are finding out that it is, in fact, impossible to please everyone. 

We have the following to say in our defense:

-          It’s no secret that we are a family-owned business.  Our home address is on our contract as the address of our company.

-          I am not sure how it is that you felt we weren’t responding to your calls or emails.  You, yourself stated in your review that you have “proof in writing” (sixty-six emails within a 3 month period, to be exact) that you are willing to divulge publicly, not withstanding the fact that these are documents that are privileged between a client and a contractor.  While it’s true that we can’t always answer every call the moment it occurs, we are diligent in returning calls to our customers as quickly as possible.  We have evidence of this in call logs, text messages and emails.  On many occasions you called after business hours which are clearly stated on our website, and on our voicemail to be Mon. – Fri. from 10:00am – 6:00 pm, and we still either answered your after-hours call, or replied to it as soon as possible.  All of our clients are of paramount important to us, and as much as we would love to, it is simply not possible to answer every single call, the moment it occurs.  We realize that building a pool can seem like an intimidating and perplexing project to our customers, and we pride ourselves in providing them with support to ease the process.  On that note, we are very pleased that we have received outstanding feedback from our customers, to that effect.

-          I can understand how you would think that there were discrepancies between the contract and the permit/pool plans.  Permits only state the minimum requirements for building a pool.  They are not an exact reflection of the materials or workmanship the customer will receive.  What we wrote on the contract and proposal that we gave you is what you would have received.  Not the minimum requirements stated on the permit.  The only hiccup we encountered in the preliminary process to building your pool came about when the building department did not approve the permitting, because the property survey you provided us with was not current, and the location of some of the items on that survey are not accurate.  Both the client and I are under obligation to comply with the building department’s requests for an accurate property survey.

-          The period of time in which our office was closed, we were out of town attending continuing education classes.  You were made aware of this and it was also on our automatic out-of-office email reply, as well as on our voicemail.

-          Knowing that you had questions regarding these items that looked like discrepancies, we made an appointment to go over them with you on 06/28/16.  Although the appointment was set for 8:00 pm, I ran into complications.  Since I was in the neighborhood, I stopped by your house at 4:30 pm, hoping to catch you and your wife there to go over the questions you had.  I did not call to cancel the appointment.  You were not there and your wife asked me to call you and speak with you about rescheduling the appointment.  I called you and got no answer, so I left you a voicemail.  I also texted you several times and received a reply to my texts.  Never did I say to either of you that I “didn’t have the luxury to visit you.”  That is simply untrue.

-          Mr. Schinoff, shortly before you informed me that you wished to cancel the construction of your pool, you shared with me that you had lost your job.  Knowing this, I was not terribly shocked when you cancelled construction of your pool.  As is the standard in the pool business, our contract does state that the client is only entitled to a full refund, if they cancel within 3 days of signing the contract.  You requested to cancel your contract 12 weeks after you had signed it.  Bearing in mind your circumstance, I told you that I would refund the remainder of the monies paid to me after covering the costs for:

• Permit Fees
• Architect Fees
• Design Fees
• Courier Fees
• Labor and Administrative Costs

The balance was $761.00.  Not long after that communication, you began to threaten me stating that if I didn’t refund the full amount of the money you had paid, you were going to write bad reviews about us on the internet.  Despite the harsh threats to my new business, I was still willing to give you back the remaining balance of your money, after covering the aforementioned costs.  We drafted a contract cancellation agreement in which we did, in fact state that if you would not act on your threats to write bad reviews about us, we were willing to give you the balance of what you paid, after covering the costs we had incurred, mentioned above.  Not to mention, we would also give you the plans that were drafted for your pool, should you choose to build your pool in the future.

-          Mr. Schinoff, I understand that a difficult financial situation can be extremely vexing, and can cause people to say and do things that perhaps they normally would not.  If you are interested, we are still willing to refund the balance of what you paid, after covering the costs we have incurred.  As previously stated, that balance is $761.00.

UnEdited Version:

Thursday, July 7, 2016

Mr. Sergio Schinoff & Ms. Belkis Lopez

USPS Certified Return Receipt Mail

Contract Cancellation Agreement for Pool Construction at Schinoff and Lopez Residence 

This Contract Cancellation Agreement is to confirm that Mr. Sergio Schinoff and Ms. Belkis Lopez (hereinafter referred to as CUSTOMER) wish to terminate the construction of a pool which they have previously contracted with, ARROYO POOLS, LLC (hereinafter referred to as CONTRACTOR), as stated in the contract signed by the parties, (hereinafter referred to as CONSTRUCTION AGREEMENT), dated 03/31/2016.

CUSTOMER wishes to terminate pool construction contract

Pursuant to Section 4 of the CONSTRUCTION AGREEMENT, customer must notify CONTRACTOR by mailing a written notice, which must be post marked before midnight, of the 3^rd business day after the CONSTRUCTION AGREEMENT is signed, in order to receive a full refund of deposits and/or payments made to CONTRACTOR.  The deadline for cancellation entitling CUSTOMER to a full refund was, midnight, Monday, 04/05/2016.  CUSTOMER is not entitled to any refund, per the terms of the CONSTRUCTION AGREEEMENT, but requests the CONTRACTOR’s consideration.

CONTRACTOR has taken the CUSTOMER’s request under consideration.  While the CUSTOMER is not entitled to a refund per the terms of the CONSTRUCTION AGREEMENT, CONTRACTOR is willing to refund $761.00 to the CUSTOMER, as an act of good faith, so long as the CUSTOMER agrees that by signing this Agreement he and she are agreeing to the following ANTI-DEFAMATION CLAUSE:

I,                                                                                              and                                                                                        hereby acknowledge and swear, that we will not defame, slander or libel ARROYO POOLS, LLC or any of its employees or representatives, in any way, shape or form, including making statements, be they spoken, in writing, or pictured, on or in any publication, social forum,  social media platform, broadcast, or by word of mouth.

This AGREEMENT must be signed and sworn to before a notary public.

Upon receipt of this Contract Cancellation Agreement, signed by CUSTOMER and notarized by a public notary in the county of Miami-Dade, in the state of Florida, CONTRACTOR will issue a check to the CUSTOMER in the amount of $761.00, as well as a set of the plans for the pool.

In addition please be advised that pursuant to Section 13 of the CONSTRUCTION AGREEMENT, should an attorney be occasioned by any act or omission of the CUSTOMER, CUSTOMER shall be liable to CONTRACTOR in respects to CONTRACTOR’s legal costs and fees.

SERGIO SCHINOFF and BELKIS LOPEZ

Signature: ________________________________                         

Name (Print): ________________________________________ 

Date:                                                    

Signature: ________________________________                         

Name (Print): ________________________________________ 

Date:                                                    

                                                 County, State of Florida

Signed and sworn to before me this           day of                         , 2016 by

                                                                        , and                                                                           

       Personally known, or          produced the following type of identification:                                                                                       

(Notary Seal)                                     Signature of Notary:                                                                                                      

                                                                Printed Name of Notary:                                                                                             

                                                                My commission expires: